7.                   Zoning – 131, 135 AND 137 Holland Avenue

 

ZONAGE – 131, 135 ET 137, AVENUE HOLLAND

 

 

Committee recommendation

 

(This application is subject to Bill 51)

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 131, 135 and 137 Holland Avenue as shown in Document 1 from “GM[130] F(3.0) H(19) and GM[130] F(1.5) H(11) – General Mixed-Use Zone" to a new GM [xxxx] F(3.86) Sxx – General Mixed-Use Zone with exceptions and a schedule as detailed in Document 2 and Document 3.

 

 

Recommandation DU Comité

 

(Cette question est assujettie au Règlement 51)

 

Que le Conseil approuve une modification au Règlement de zonage 2008-250 visant à faire passer la désignation de zonage des propriétés situées aux 131, 135 et 137, avenue Holland, qui sont illustrées au document 1, de « GM[130] F(3.0) H(19) et GM[130] F(1.5) H(11) – Zone d’utilisations polyvalente générale » à « GM [xxxx] F(3.86) Sxx – Zone d’utilisations polyvalentes générale assortie d’exceptions et d’une annexe », comme le précisent les documents 2 et 3.

 

 

 

 

 

 

 

 

 

Documentation

 

1.                  Deputy City Manager’s report, Infrastructure Services and Community Sustainability dated 16 April 2009 (ACS2009-ICS-PGM-0054).

 

2.         Extract of Draft Minute, 9 June 2009.


Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

16 April 2009 / le 16 avril 2009

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager

Directrice municipale adjointe,

Infrastructure Services and Community Sustainability

Services d’infrastructure et Viabilité des collectivités

 

Contact Person/Personne-ressource : John Smit, Manager/Gestionnaire, Development Review-Urban Services/Examen des projets d'aménagement-Services urbains, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 13866  John.Smit@ottawa.ca

 

Kitchissippi (15)

Ref N°: ACS2009-ICS-PGM-0054

 

 

SUBJECT:

Zoning – 131, 135 AND 137 Holland Avenue (FILE NO. D02-02-08-0133)

 

 

OBJET :

ZONAGE – 131, 135 ET 137, AVENUE HOLLAND

 

 

REPORT RECOMMENDATION

 

That the Planning and Environment Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 131, 135 and 137 Holland Avenue as shown in Document 1 from “GM[130] F(3.0) H(19) and GM[130] F(1.5) H(11) – General Mixed-Use Zone" to a new GM [xxxx] F(3.86) Sxx – General Mixed-Use Zone with exceptions and a schedule as detailed in Document 2 and Document 3.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 visant à faire passer la désignation de zonage des propriétés situées aux 131, 135 et 137, avenue Holland, qui sont illustrées au document 1, de « GM[130] F(3.0) H(19) et GM[130] F(1.5) H(11) – Zone d’utilisations polyvalente générale » à « GM [xxxx] F(3.86) Sxx – Zone d’utilisations polyvalentes générale assortie d’exceptions et d’une annexe », comme le précisent les documents 2 et 3.

 

 

BACKGROUND

 

The subject properties, 131, 135 and 137 Holland Avenue, are located on the east side of Holland Avenue just south of Wellington Street.  The property has an area of 1,545.3 square metres with a frontage of 48.7 metres along Holland Avenue and a depth of 31.70 metres.  The portion of the site known as 131 Holland Avenue is currently used as a 35-space commercial parking lot.  At 135 Holland Avenue, there is a one-storey concrete block building used as a retail business, and at 137 Holland Avenue, there is a 1½-storey brick dwelling.

 

The surrounding lands comprise of two and three-storey residential and commercial use buildings along Holland Avenue to the south, two and three-storey residential buildings to the east and west, and a mix of commercial and residential buildings along Wellington Street to the north.  Along Wellington Street, the existing buildings range from one to two-storeys on the south side, and from five to 11-storeys on the north side.

 

Purpose of Zoning Amendment

 

The applicant proposes to redevelop the site with an eight-storey (24.8 metre) high apartment building fronting on Holland Avenue having 67 dwelling units, 66 underground parking spaces, four visitor parking spaces and two VRTUCAR parking spaces located within the ground floor garage.  In addition to the residential component, there will be 214 square metres of ground floor commercial space situated on the north side of the apartment entrance (main lobby).  The building height will vary (see Proposed Height Schedule – Document 3) to provide a transition to the surrounding residential neighbourhood to the south and east.

 

Existing Zoning

 

The property at 131 Holland Avenue is currently zoned GM [130] F(3.0) H(19), a General Mixed-Use Zone which permits a broad range of residential, commercial, mixed-use and institutional uses.  Residential uses include apartment dwelling (low rise and mid-high rise), multiple attached dwelling, planned unit development, retirement homes, and stacked dwelling.  Commercial uses include animal hospital, convenience store, day care, drive-through facility, funeral home, medical facility, office, personal service business, service and repair shop, and training centre.  Exception zone [130] prohibits the following uses:  bank, catering establishment, place of assembly, recreational and athletic facility, restaurant, retail store, and retail food store.  This zone also contains provisions in regard to setbacks for yards, lot area, lot width, and establishing a maximum building height of 19 metres and a floor space index of 3.0.

 

The properties at 135 and 137 Holland Avenue are currently zoned GM [130] F(1.5) H(11).  The only difference is that the maximum building height permitted is 11 metres and the floor space index is 1.5.

 

The Committee of Adjustment on September 15, 2005 granted minor variances to allow the development of an eight-storey, 42-unit apartment building at 131-135 Holland Avenue.  The variances approved included:  increase in building height from 19.0 to 24.8 metres and increase in floor space index from 3.0 to 4.4 for the property at 131 Holland Avenue; increase in building height from 10.7 to 12.90 metres and increase in floor space index from 1.5 to 2.5 for the property at 135 Holland Avenue; and a reduced front yard from 3.0 to 0 metres.

The lands abutting the subject site to the north and along Wellington Street are zoned TM H(19) – Traditional Mainstreet Zone, while to the east is an R4H – Residential Fourth Density Zone and, to the west is an R3I – Residential Third Density Zone.  The lands abutting the subject site to the south and ending at Tyndall Street are zoned the same as 135 and 137 Holland Avenue - GM [130] F(1.5) H(11) – General Mixed-Use Zone.

 

Proposed Zoning

 

In order to redevelop the site as proposed, the applicant would like to amend the Zoning By-law to change the zoning of the property from GM[130] F(3.0) H(19) and GM[130] F(1.5) H(11) – General Mixed-Use Zone to a new GM [xxxx] F(3.86) Sxx – General Mixed‑Use Zone with exceptions and a schedule. 

 

Exceptions to the standard provisions are required to permit the proposed development.  These pertain to the following:

 

·        allowing a maximum building height of 24.8 metres from 19.0 metres for 131 and 135 Holland Avenue and a maximum building height of 12.8 metres from 11.0 metres for 137 Holland Avenue (see Document 3)

·        reducing the front yard setback from the required 3.0 metres to 0.4 metres

·        reducing the minimum width of landscaped area abutting a street from the required 3.0 metres to 0.4 metres

·        reducing the minimum required number of parking spaces for a retail store from five to 0

·        reducing the required visitor parking spaces from 11 spaces to four

·        limiting non-residential uses to the ground floor with an area not exceeding 214 square metres of total cumulative gross floor area

·        prohibiting the following non-residential uses; bank, catering establishment, place of assembly, recreational and athletic facility, and restaurant as a primary use.

 

Other minor exceptions are requested for the underground garage.  They pertain to some driveways, aisles and parking sizes.

 

In support of the Zoning By-law amendment application, the applicant has submitted various materials, including: a planning rationale report, a Sun Shade Study, and, briefs regarding traffic generation and parking.  An application for Site Plan Control was submitted on December 24, 2008, which includes detailed development plans for servicing, stormwater management, noise, landscaping, building elevations, perspectives, and plans. 

 

Site Plan

 

The Site Plan submitted in support of the application (see Document 4), illustrates the extent of the proposed development.  The proposed eight-storey apartment building will be fronting on Holland Avenue and will have a central pedestrian entrance on the street.  The building will have a total of 67 dwelling units, 66 underground parking spaces, four visitor parking spaces and two VRTUCAR parking spaces located within the ground floor garage.  Vehicular access will be from Holland Avenue. 

 

In addition to the residential component, there will be 214 square metres of ground floor commercial space situated on the north side of the apartment entrance.  New landscaping is proposed throughout the site.  Bicycle parking comprised of 34 spaces will be accommodated on-site and within the parking garage.

 

DISCUSSION

 

Official Plan 

 

The Strategic Directions Section of the Official Plan advocates creating liveable communities by providing a full range and choice of housing types.  The Strategic Directions also call for intensifying within existing development areas to accommodate the City’s projected population growth. Within the Greenbelt, it is expected that at least 40 per cent of new housing development will be in the form of townhouses or apartments. 

 

The Official Plan designates the subject property as General Urban Area.  Lands with this designation are to contain a full range of housing types and tenures to meet the needs of the population, along with conveniently located commercial uses.  The policies for the General Urban Area indicate that when considering a proposal for residential intensification, it is important to recognize the new development in relation to the existing built form and planned function for areas and to consider its contribution to the maintenance and achievement of a balance of housing types and tenures to provide a full range of housing for a variety of demographic profiles throughout the General Urban Area.  The current development concept for an eight-storey apartment building along Holland Avenue and on the outer edge of an inner urban community is seen to implement the overall strategic direction of the Official Plan as it relates to lands designated General Urban Area.

 

Section 2.5.1 of the Official Plan recognizes that introducing new development in existing areas requires a sensitive approach to differences between the new development and the established area and that allowing for some flexibility and variation that complements the character of existing communities is central to successful intensification. Section 2.5.1 further recognizes that compatible development does not necessarily mean the same or similar to existing development, but that compatible development can be achieved that enhances an established community and co-exists without causing undue adverse impact.  The design objectives and criteria set out in Section 2.5.1 make reference to Annex 3, which while not part of the Plan, sets out a number of design considerations that support providing for development that fits and works well.

 

Staff have reviewed the proposal in the context of the design objectives and principles set out in Section 2.5.1 and are satisfied that the proposal does fit and work well in its urban context.  It will provide a compatible intensified form of development on the edge of an existing residential neighbourhood and abutting commercial and mixed-use zoned lands along Holland Avenue and Wellington Street without any appreciable adverse impacts to the existing community.

 

Allowing denser residential development close to the nearby office development at Tunney’s Pasture government complex and the Holland Cross commercial/office complex, will provide opportunities for employees to live within walking distance of their place of employment. It also provides opportunities for use of public transit, due to the site’s proximity to the east/west transit corridor along Scott Street. The redevelopment of the site, now used predominately as a parking lot with a commercial use building and one dwelling unit, for intensified residential purposes will extend the residential community closer to Wellington Street and create a stronger link between the neighbourhood and the commercial area.

 

The high quality design of the project will enhance the area and add to the high level of design, which is characteristic of the mixed-use development in the area. Landscaping on the site, and the creation of an outdoor amenity area at the rear of the building, will create a more residential character to this part of the neighbourhood.

 

Section 4.11, in setting out the more traditional planning considerations to be assessed in reviewing development proposals, provides a context for the policies that are to be considered.  Of particular note is the recognition that intensification can occur anywhere and achieve the Plan’s strategic directions.  Zoning for areas adjacent to major roads, at the periphery of neighbourhoods or around transit stations, may allow for more intense development that is permitted by the current zoning, subject to the compatibility of the proposed development being considered as set out under Section 4.11.

 

Section 4.11 further notes that the measures of compatibility will vary depending on the use and planning context for a proposed development and that in any given situation, certain criteria may not apply and/or may be weighted differently on the basis of site circumstances.

 

The subject site is an ideal location for intensification.  It is located along a major collector (Holland Avenue), abut properties adjacent to a major road and Traditional Mainstreet  (Wellington Street), is at the periphery of the existing residential neighbourhood located to the east, and is within walking distance to a transit station (approximately 500 metres to the Tunney’s Pasture transit station).  Holland Avenue exhibits a vibrant retail mix north of Wellington Street and serves as a functional pedestrian link to this station.

 

The site has direct pedestrian access via the municipal sidewalk along Holland Avenue to the nearby transit station on Scott Street and transit stops along Holland Avenue and Wellington Street.  Landscaped open space will be provided at the rear of the site and new fencing will be installed to create privacy for the existing residential properties to the east.  The area between the front of the building and the City sidewalk will be landscaped with a mixture of trees, shrubs and grass.

 

The Site Plan (see Document 4) proposes a logical and orderly development of the subject lands.  The Site Plan Control application consists of detailed site development, building, landscaping, engineering and servicing information. 

 

Schedule ‘B’ of the Official Plan, shows that the commercial buildings to the north of the site adjacent to Wellington Street are designated "Traditional Mainstreets" and the area north of Wellington Street, between Holland Avenue and Parkdale Avenue, is designated “Mixed Use Centre".  Lands designated “Mainstreets” are intended to become linear mixed-use focal areas allowing for a more dense and urban form of development, while building sensitively on existing neighbourhoods and supporting pedestrian activity.  The subject development serves to provide an appropriate transition between the low-profile residential neighbourhood and Wellington Street, and help support existing and future commercial development along Wellington Street and provide an appropriate context for future mixed-use developments along the east side of Holland Avenue and south to Tyndall Street.

 

In summary, the rezoning and the development proposed serves to advance achieving the development concept called for by the Official Plan.  It is a highly accessible location with all day, high frequency public transit along Holland Avenue and Wellington Street, and close to a transitway (within 500 metres).  The development proposed will provide a residential use of a form and profile that will provide for the scale and intensity of development contemplated while achieving the transition objectives called for between the proposed development and existing Low Profile Residential areas to the east and west.

 

Sun Shadow Study

 

The modifications requested to the current zoning include allowing for an increased height for the proposed apartment building to a maximum height of 24.8 metres from 19.0 metres for 131 and 135 Holland Avenue and a maximum height of 12.8 metres from 11.0 metres for 137 Holland Avenue (see Document 3).  The applicant has undertaken a Sun Shadow Study in support of the application.  The Sun Shadow Study is a compilation of illustrations of the subject lands and neighbouring area showing the impact of shadows cast by the proposed buildings throughout the year.  The illustrations submitted in support of the application offer a seasonal perspective of shadows cast by the proposed buildings three times a year, the sampling coincident with the winter and summer solstice and the fall equinox.  For each of the three dates, the period of the day illustrated in the study is 9:00 a.m., 12 noon, 2:00 p.m. and 4:00 p.m.

 

The only significant impact is the shadowing in the late afternoon on the existing neighbourhood to the east.  To lessen this impact, the proposed mid-rise apartment building is strategically positioned closer to Holland Avenue and the rear elevation of the building has been stepped down in order to minimize the visual and shadow impact.  A separation distance of 7.5 metres between the closest edge of the proposed eight-storey apartment building and the rear lot line of housing along Hinton Avenue, and a separation of approximately 22 metres between the eight-storey apartment building and the rear wall of existing houses along Hinton Avenue will be provided.  In addition, the applicant indicates that a flat roof will be utilized on the building with the top floor elevator shaft being receded from the edge.

 

The measures noted above of building location, design, and orientation will mitigate the impact of the building shadows.  Further, the Department is satisfied that any additional impact resulting from the proposed building height increase for the proposed apartment building will not significantly add to the off-site impacts that would result from the current building heights allowed by the current zoning.

 

Traffic and Parking

 

Schedule ‘D’ ‑ Primary Transit Network and Schedule ‘E’ ‑ Urban Road Network of the Official Plan designate Holland Avenue as an existing Major Collector and Wellington Street as an Arterial Road.  The subject development will be in proximity to transit services and will help support existing and future transit service.  Also, there is a Rapid Transit Station situated at Scott Street and Holland Avenue within 500 metres of the site.

 

The Transportation Overview submitted with the application, concludes that the adjacent road network is adequate to accommodate the proposed density.  Staff have reviewed the Transportation Overview and have determined that the additional traffic that would be generated by the proposed development would be insignificant to traffic operations in the area.

 

Also, a Parking Survey was requested by staff to assess the parking reduction requested by the applicant.  The findings of the study concluded that the parking supply in this area can accommodate the proposed density.  Staff have reviewed the Parking Survey and have determined that the loss of parking would be insignificant to the existing parking supply in the area.  Also, the proposed eight-storey, 67-unit apartment building will provide 66 underground parking spaces, four visitor parking spaces and two VRTUCAR parking spaces.   The four visitor parking spaces and two VRTUCAR parking spaces are to be located within the ground floor garage level.  Visitors will have easy access to the four parking spaces to the ground floor garage level since it does not have a controlled access door.

 

Servicing

 

The Site Services Design Brief submitted with the application, concluded that existing underground services are available to service this property and that the proposed development could be sustained by the City’s infrastructure in Holland Avenue.

 

Building Setbacks and Other Exceptions

 

The applicant has emphasized the minimizing of visual and shadow impact on the existing neighbourhood to the east by strategically positioning the mid‑rise apartment building closer to Holland Avenue and by stepping down the rear elevation of the building, thus providing good separation distance between the proposed rear edge of the apartment building and the rear wall of the existing houses along Hinton Avenue.  In order to accommodate the development as proposed, some exceptions are required to both the GM[130] F(3.0) H(19) and GM[130] F(1.5) H(11) zones such as reductions to front yard setback, landscape area in front yard, visitor and commercial parking, parking space size, aisle and driveway width. 

 

The minimum building setback and width of landscape area required abutting a street (Holland Avenue) is three metres.  It is proposed to reduce these areas to 0.4 metres to help bring the front wall of the building closer to Holland Avenue thus helping to reduce the shadowing on the rear of existing houses located along Hinton Avenue.  Notwithstanding, a four metre wide landscaped area will be provided utilizing the existing boulevard between the new building and the municipal sidewalk.

 

Some of the exceptions are required due to structural or mechanical requirements of the building’s three-level below grade parking garage.  The exceptions pertaining to driveways, aisle widths, and parking sizes located within the underground garage are considered to be minor.

 

As for the proposed reduction of visitor parking spaces from 11 spaces to four, the applicant has indicated that visitor parking is best utilized if it is situated in surface parking areas where they can be more easily accessible.  The ground level parking area accommodates four visitor parking spaces and two VRTUCAR spaces.  It is also proposed to not provide any commercial parking spaces since the existing on-street parking in the area can accommodate any deficiency if needed, as concluded in the Parking Study provided with this application.  Five parking spaces would normally be required for the retail use proposed on the ground floor of the building.

 

The Department is satisfied that the proposed exceptions are appropriate and will help achieve a proper development for the site.

 

ENVIRONMENTAL IMPLICATIONS

 

A Phase I Environmental Site Analysis and a Noise Assessment and Control report have been submitted in conjunction with the related Site Plan Control application.  The conclusions of both reports indicate that there are no issues with the proposed development.

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.  The Ward Councillor is aware of this application and the staff recommendation.

 

Numerous comments have been received from the public. The issues can be summarized as follows: building height and massing, shadowing, design, front yard setback, and parking.  Details of the notification and consultation process are highlighted in Document 6.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS:

 

If this matter were to come before the Ontario Municipal Board with professional evidence both in support of the application and in support of less development, it estimated that the hearing would be of five days duration.  If the City had to retain outside consultants, the cost is estimated to be in the range of $25,000 to $40,000.

 

FINANCIAL IMPLICATIONS

 

N/A

 

 

APPLICATION PROCESS TIMELINE STATUS

 

The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the delay by the applicant in submitting a Parking Study.

 

SUPPORTING DOCUMENTATION

 

Document 1      Location Map

Document 2      Details of Recommended Zoning

Document 3      Building Height Schedule

Document 4      Site Plan

Document 5      Building Perspective

Document 6      Consultation Details

 

DISPOSITION

 

City Clerk and Legal Services Branch, Legislative Services to notify the owner, 1763257 Ontario Inc., 371A Richmond Road, Ottawa, ON, K2A 0E7, applicant, J.E. Ironside Consulting, 127 Lakeside Drive, RR#2, Carleton Place, ON, K7C 3P2, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON  K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code:  26-76) of City Council’s decision.

 

Planning and Growth Management Department to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.

 

Legal Services to forward the implementing by-law to City Council.


LOCATION MAP                                                                                                    DOCUMENT 1


DETAILS OF RECOMMENDED ZONING                                                       DOCUMENT 2

 

Proposed Changes to the City of Ottawa By-law 2008-250

 

The properties known municipally as 131, 135 and 137 Holland Avenue shown on Document 1 will be rezoned from GM[130] F(3.0) H(19) and GM[130] F(1.5) H(11) to GM[XXX] F(3.86) S(XX).

 

Document 3 will be added to Part 17 as Schedule XX and will set out the maximum permitted building heights for 131, 135 and 137 Holland Avenue.

 

A new exception, GM[XXX] F(3.86) S(XX), will be added to Section 239 – Urban Exceptions and will include the following:

 

1.       Non-residential uses are only permitted on the ground floor and the total cumulative gross floor area of all non-residential uses cannot exceed 214 square metres.

 

2.       The following uses are prohibited: bank, catering establishment, place of assembly, recreational and athletic facility, and restaurant established as a principle use.  A restaurant accessory or ancillary to a permitted commercial use is permitted.

 

3.       Despite clause 187(3)(c), the minimum front yard setback is 0.4 metres.

 

4.       Despite Section 101 and Table 101(cp), the minimum required number of parking spaces for a retail store is 0.

 

5.       Despite Section 102 and Table 102(a), the minimum required number of visitor parking spaces is 4.

 

6.       Despite clause 106(1)(b), 1 of the parking spaces below grade can have a reduced minimum required length of 4.2 metres.

 

7.       Despite clause 107(1)(c) and Table 107(d), the minimum required aisle width can be reduced to:

 

a.       5.8 metres for a combined distance of 40.0 metres, which may be broken up into separate lengths throughout the parking garage,

b.       4.7 metres where abutting the most westerly facing exterior wall of the elevator lobby, and

c.       5.5 metres along ramps providing access between all levels of the parking garage.

 

8.       Despite subsection 106(4), where a parking space is located abutting or near a wall, column or other similar surface that obstructs the opening of the doors of a parked vehicle or limits access to a parking space, the minimum required width of 6 such parking spaces can be reduced to 2.4 metres.

 

9.      Despite subclause 187(3)(h)(i), the minimum width of a landscaped area abutting a street is 0.4 metres.


BUILDING HEIGHT SCHEDULE                                                                       DOCUMENT 3

 


SITE PLAN                                                                                                             DOCUMENT 4


BUILDING PERSPECTIVE                                                                                  DOCUMENT 5

 

Holland Avenue – West and South elevation

 

 

Holland Avenue – North and West elevations

 


CONSULTATION DETAILS                                                                                DOCUMENT 6

 

NOTIFICATION AND CONSULTATION PROCESS

 

Notification and public consultation was undertaken in accordance with the Public Notification and Public Consultation Policy approved by City Council for Zoning By-law amendments.  Two public meetings were also held in the community.

 

 

PUBLIC COMMENTS

 

Ten responses were received from the posting of the on-site sign.  Two responses were in support of the proposal.  A summary of public comments and staff responses are presented below. 

 

 

SUMMARY OF PUBLIC INPUT

1.         Comment:  The addition of yet another tall building in the vicinity will likely have a negative effect on the neighbourhood’s character. The character of our neighbourhood that has made it a desirable place to live is eroded with each zoning bylaw height exemption. Please don’t take my objections to imply that I’m totally against the City of Ottawa’s stated goal of intensifying urban development.  I strongly feel that the building height of 19 metres, as currently zoned, adequately meets the City’s stated intensification goal.

 

            Response:  The existing zoning designation for the subject property does permit a maximum height of 19.0 metres.  The Committee of Adjustment on September 15, 2005 granted minor variances to allow the development of an eight-storey, 42-unit apartment building at 131‑135 Holland Avenue.  The most significant variances approved were:  increase in building height from 19.0 to 24.8 metres and increase in floor space index from 3.0 to 4.4 for the property at 131 Holland Avenue; increase in building height from 10.7 to 12.90 metres and increase in floor space index from 1.5 to 2.5 for the property at 135 Holland Avenue; reduced front yard from 3.0 to 0 metres. The developer has since purchased the property at 137 Holland Avenue and submitted a zoning amendment application for consideration by the City to modify the height and density increases approved by the Committee of Adjustment to extend over the additional lands purchased.  The Proposed Height Schedule (see Document 3) indicates the new proposed building heights which will vary to provide a transition to the surrounding residential neighbourhood to the south and east. 

 

Staff are satisfied that no undue adverse impact will result for the existing community and, as discussed, consider the proposal to be consistent with applicable policies in the Official Plan.

 

2.         Comment:   I am concerned with the increased shadow effect due to the height of the proposed development.  Specifically I’m worried about how an exemption will reduce the amount of afternoon daylight received on my property (125 Hinton Avenue) and my neighbours’ properties and how it will negatively impact the enjoyment of our properties.

 

            Response:  The applicant has emphasized the minimizing of visual and shadow impact on the existing neighbourhood to the east by strategically positioning the mid‑rise apartment building closer to Holland Avenue and by stepping down the rear elevation of the building, thus providing good separation distance between the proposed rear edge of the apartment building and the rear wall of the existing houses along Hinton Avenue.  Staff are satisfied that any additional impact resulting from the proposed building height increase for the proposed apartment building will not significantly add to the off-site impacts that would result from the current building heights allowed by the current zoning as modified by the Committee of Adjustment.

 

3.         Comment:   The introduction of a new building in the immediate area will exacerbate the existing parking problem by increasing the number of dwelling units and removing some of the existing parking supply provided by this property.

 

            Response:  The Parking Survey submitted with this application concluded that the parking supply in this area is ample to accommodate the proposed density.  Staff have reviewed the Parking Survey and have determined that the loss of parking would be insignificant to the existing parking supply in the area.  Also, the proposed eight-storey, 67-unit apartment building will provide 66 underground parking spaces, four visitor parking spaces and two VRTUCAR parking spaces.   The four visitor parking spaces and two VRTUCAR parking spaces are to be located within the ground floor garage level.  Visitors will have easy access to the four parking spaces to the ground floor garage level since it does not have a controlled access door.

 

4.         Comment:   The proposal is also seeking to reduce the front yard setback from 3.0 to 0.4 metres.  As a pedestrian residing in the area, I do not support this reduction as the ramification is a narrowing of the sidewalk which may force pedestrians to walk closer to traffic along a four lane arterial street (Holland Avenue).

 

            Response:  It is proposed to bring the front wall of building closer to the Holland Avenue right-of-way in order to help reduce the shadowing on the rear yards of existing houses located along Hinton Avenue.  Given the width of the boulevard, a landscaped area of four metres will remain between the building and sidewalk.  The existing sidewalk located along Hinton Avenue is presently safe and will not change as a result of this development.

 

COUNCILLOR’S COMMENTS

Councillor Christine Leadman is aware of this application.

COMMUNITY ORGANIZATION COMMENTS

Hintonburg Community Association

 

The Hintonburg Community Association have indicated that in general it does not object to the proposal, however have the following issues:

 

Height

135 Holland Ave.

This is the portion which was previously varied from 3 to 4 stories. It is now proposed that it be 8 stories at Holland and 6 stories at the rear, matching the 131-133 Holland section.

Recommend that this section be reduced to 6 stories in total.

 

137 Holland Avenue:  This is the newly acquired property where the height is to be increased from 3 stories to 4 stories.

 

Response:  The Committee of Adjustment on September 15, 2005 granted minor variances to allow the development of an eight-storey, 42-unit apartment building at 131-135 Holland Avenue.  The Proposed Height Schedule (see Document 3) indicates the new proposed building heights which will vary to provide a transition to the surrounding residential neighbourhood to the south and east.  Staff are satisfied that no undue adverse impact will result for the existing community and, as discussed, consider the proposal to be consistent with applicable policies in the Official Plan.

 

Massing on Holland Ave.

The building is now longer than before and more frontage is occupied by 8 stories without any setbacks. It is not clear from the massing studies if there is to be any articulation on this façade, although the use of varied materials was mentioned as a way to mitigate the visual impact.

Recommend that you consider articulation (eg to accentuate the entrance) or set back(s) at upper levels to reduce the impact of the building.

 

Response:  The high quality design of the project will enhance the area and add to the high level of design, which is characteristic of the mixed-use development in the area (ie. GCTC).   The proposed west elevation is articulated with some changes in massing by the use of vertical bands, variations in materials, balconies and windows.

 

Transition from medium to low profile

The transition between your building and lower profile development to the south could be improved.

Recommend that the change from 8 to 6 to 4 stories as suggested above would ease the transition.

 

The owners of 139 Holland expressed a concern that the view of their commercial building will be obstructed from the north and that the only window that allows light to the second floor will be shadowed by the proposed building. The separation between 137 and 139 Holland is very narrow since the driveway for 139 Holland is on the south side of the building.

 

Recommend that the front yard set-back be increased at 137 Holland to more closely match that of 139 Holland and buildings to the south, and that the side yard set-back at the lot line with 139 Holland be increased from the minimum in order to allow light to reach the windows on the north wall.

 

Response:  The building transition to the lower profile development to the south is appropriate.  The building not only steps back to four storeys but cuts-in at-grade to provide an angular view of the building to the immediate south (see Document 5).  The zoning of the lands south of the subject site also permits new buildings to have up to four storeys in height.

 

Tree at 137 Holland

Has any thought been given to preserving the tree at 137 Holland, near the lot line with 139?

Response:  The tree in front of 137 Holland Avenue will be preserved.

 

 

West Wellington Community Association

 

The West Wellington Community Association has provided the following comment: “WWCA feels that the HCA zoning committee has done a very thorough review of the proposal and concurs with their analysis.  Domicile is proceeding on the assumption that it is appropriate to extend zoning relief (minor variances on height and density) which had been previously granted to the northern part of the site across the newly acquired portions of the site to the south, which in fact have significantly lower height and density provisions under current zoning.

 

The sustainability measures and architectural composition challenges to the developer contained in the HCA letter are also sensible. There is no setback on the way up the building so what remains is a rather severe 8 storey building face. Given the extent of zoning relief requested, WWCA challenges the developer and design team to come back with a more sympathetic response to the context.”

 

Response:  As indicated above, the high quality design of the project will enhance the area and add to the high level of design, which is characteristic of the mixed-use development in the area (ie. GCTC).   The proposed west elevation is articulated with some changes in massing by the use of vertical bands, variations in materials, balconies and windows.

 


ZONING – 131, 135 AND 137 HOLLAND AVENUE

ZONAGE – 131, 135 ET 137, AVENUE HOLLAND

ACS2009-ICS-PGM-0054                                                                 kitchissippi (15)

 

(This application is subject to Bill 51)

 

The following correspondence was received and is held on file with the City Clerk:

·        Letter from Hintonburg Community Association, dated April 16, 2009

·        Letter from the Wellington West Business Improvement Area (BIA), dated May 12, 2009

 

Ying Hum, owner of 139 Holland Avenue, spoke in opposition to the application.  He stated that he supports intensification within the city, as long as the zoning by-law and Official Plan are followed.  His concerns related specifically to front and side yard set backs, as well as parking.  He stated that the location of the proposed front set back for this building is going to obstruct the visibility of his business.  With respect to parking, he declared that every week he has two or three cars parked in his lot illegally.  With the propose building, he commented that there will be even less available parking.  Looking at the application in relation to side yard set backs, the building is very close to his second floor windows.  He asked for some space to allow fresh air and some light.  In summation, he asked that the three-metre side and front set backs be respected.

 

In response to questions from Councillor Holmes, John Smit, Manager of Development Review-Urban, stated that the permitted side yard set back is zero metres.  The land is currently zoned general mixed-use, which allows for limited commercial uses and residential.  With respect to parking, staff confirmed that applicants could seek changes to parking provisions through a zoning application.  An application for cash-in-lieu of parking would be required if a minor variance was granted through the Committee of Adjustment.  The cost of a zoning application such as this would be $8000, while cash-in-lieu of parking would cost $2600 per space, plus application fees.  In regard to the front set back, Mr. Smit explained that the COA approved zero metres as part of the earlier Tartan proposal.  The current application proposes 0.4 meters, which is provided behind the City road allowance and property owner responsible for landscaping and maintaining on the inner boulevard.

 

On the issue of proximity of buildings to adjacent windows, as raised by Councillor Monette, Mr. Smit declared that the zoning by-law sets the standards of set back for the property line; however, it does not take into account the conditions on adjacent properties.  He reminded that no relief is sought from the side yard set back provisions.  In addition, the proponent situated the building in such a way to protect a significant tree at the rear.

 

Linda Hoad, Hintonburg Community Association (HCA), spoke of the history of the zoning in the area north of Wellington Street, where a mixture of uses was promoted in order to allow residential or mixed residential to co-exist with developments with higher storeys.  She spoke to these specific issues:

·        The ancillary restaurant use should be capped either by square metre, a percentage of the retail space, or the number of seats.

·        A green roof should be incorporated.

·        With respect to parking, no consultation occurred on the Terms of Reference for the study, which was limited in scope, as it did not address parking on residential side streets.

·        HCA supports the request of the BIA for a comprehensive parking study for the area, which includes the new Great Canadian Theatre Company (GCTC) building.

·        Some concerns were raised with the timing of the traffic counts in the traffic study, which occurred before the arrival of the GCTC.

·        Design is regulated through the site plan and efforts should be made to include the community and possibly alter the process accordingly.

 

Chair Hume remarked that site plan control is delegated to the ward councillor shifting responsibility to the elected representative that has ties to the community.  Ms. Hoad indicated that roles and responsibilities should be clarified through the development of the new site plan by-law..

 

Alan Cohen, Christoper Simmonds, Ron Jack and Jane Ironside accompanied John Doran, Domicile.  Mr. Cohen noted that the proponent is excited about the design, noting that Domicile purchased the property from tartan and added an additional building.

 

Mr. Simmonds explained that extensive public consultation occurred as part of the Tartan proposal and the community agreed to increase the height from six to eight storeys on condition that stepping of the massing to minimize the impact of shadows on the rear yards and facades of the houses to the east of the site.  He noted that a one-storey ramp structure that was going to be located in the rear yard of the property has been incorporated underneath the building allowing more landscaping and the retention of the significant tree located in the back of the property.  Mr. Simmonds explained his design further including the use of materials, emphasis of the base, notching of the building on the southern end, installation of public art, and use of light reflective roof material.

 

Mr. Cohen along with his team supplied the following responses to questions from members of committee:

·    The project includes 2,300 square feet of retail space.

·    There is no numerical cap placed on the restaurant use, but it must be ancillary to the principle use.  The intent was to have a small bookstore with a coffee shop built into it.  Typically it would not be greater that 49 per cent of the total use.

·    The building is setback approximately five feet for approximately 30 feet along the south property line and the building has been notched back to provide more visibility to the adjacent building.  Space on the ground floor has been left open, with balconies only projecting on the second, third and fourth floors.

 

With respect to the site plan, Mr. Smit replied that the neighbour would have an opportunity to provide comments.  He felt that there has been a great deal of effort from the applicant in developing this project to consult with the community.

 

Chair Hume encouraged the applicant take an undertaking to construct what is being proposed today with respect to the notching on the south side of the building.

 

Councillor Holmes commended staff, the proponent and the community for their work and collaboration.  She pointed out that the business and the residential communities on Wellington are in favour, and she is impressed with the notching back to address the concerns of the neighbour to the south.  She thought it was an interesting and well thought out development.

 

That the Planning and Environment Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 131, 135 and 137 Holland Avenue as shown in Document 1 from “GM[130] F(3.0) H(19) and GM[130] F(1.5) H(11) – General Mixed-Use Zone" to a new GM [xxxx] F(3.86) Sxx – General Mixed-Use Zone with exceptions and a schedule as detailed in Document 2 and Document 3.

 

                                                                                    CARRIED