5.            ZONING - 230-244 BESSERER STREET

 

ZONAGE - 230-244, RUE BESSERER

 

 

COMMITTEE RECOMMENDATION

 

That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 244 Besserer Street from Residential Fifth Density zone Schedule 70 (R5F S70) to Residential Fifth Density Exception [1680] zone Schedule 70 (R5F[1680] S70) as shown on Document 1, and to amend Exception [1680] and Schedule 70 as detailed in Documents 2 and 3.

 

 

RECOMMANDATION DU COMITÉ

 

Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer le zonage du 244, rue Besserer de zone résidentielle de densité 5 assortie d’une annexe 70 (R5F S70) à zone résidentielle de densité 5 dotée d’une exception [1680] et assortie d’une annexe 70 (R5F[1680] S70), comme l’indique le document 1, et de modifier l’exception [1680] et l’annexe 70, comme l’expliquent en détail les documents 2 et 3.

 

 

DOCUMENTATION

 

1.                  Deputy City Manager’s report, Infrastructure Services and Community Sustainability, dated 11 June 2010 (ACS2010-ICS-PGM-0112).

 

2.                  Extract of Draft Minutes dated 5 July 2010.


Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

11 June 2010 / le 11 juin 2010

 

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 : Richard Kilstrom, Acting Manager/Gestionnaire intérimaire, Development Review-Urban Services, Inner Core/Examen des projets d'aménagement-Services urbains, Unité du Centre intérieur

Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 22379 Richard.Kilstrom@ottawa.ca

 

Rideau-Vanier (12)

Ref N°: ACS2010-ICS-PGM-0112

 

 

SUBJECT:

ZONING - 230-244 beserer street (FILE NO. d02-02-10-0027)

 

 

OBJET :

ZONAGE - 230-244, rue besserer

 

 

REPORT RECOMMENDATION

 

That the Planning and Environment Committee recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 244 Besserer Street from Residential Fifth Density zone Schedule 70 (R5F S70) to Residential Fifth Density Exception [1680] zone Schedule 70 (R5F[1680] S70) as shown on Document 1, and to amend Exception [1680] and Schedule 70 as detailed in Documents 2 and 3.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de  recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer le zonage du 244, rue Besserer de zone résidentielle de densité 5 assortie d’une annexe 70 (R5F S70) à zone résidentielle de densité 5 dotée d’une exception [1680] et assortie d’une annexe 70 (R5F[1680] S70), comme l’indique le document 1, et de modifier l’exception [1680] et l’annexe 70, comme l’expliquent en détail les documents 2 et 3.


BACKGROUND

 

The subject properties are located on the south side of Besserer Street between Cumberland Street and King Edward Avenue in the northern edge of Sandy Hill. The subject properties are 1814 square metres in size.  230 Besserer Street contains two residential buildings and 244 Besserer Street contains two residential buildings that are to be demolished.  To the west of 230 Besserer is a recently constructed residential condominium at 200 Besserer Street.  To the north of the site there is a large public parking lot, which is flanked by the Ottawa Little Theatre and the Quality Hotel.  To the south fronting onto Daly Avenue there is a mix of residential and institutional uses which are located within the Sandy Hill West Heritage Conservation District.  The Heritage Conservation District does not apply to the subject lands.

 

Purpose of Zoning Amendment

 

The purpose of the application is to permit a change in zoning to allow for the development of a 14-storey mixed-use building consisting of 197 residential units and 354 square metres of ground floor commercial space.  Non-residential uses would be permitted and restricted to the ground floor of the building with residential units above.  Parking for the residential units would be provided underground via a shared access point at 200 Besserer Street. 

 

230 Besserer Street was previously rezoned to permit an earlier development concept, however with the acquisition of the abutting parcel to the east (244 Besserer Street) a change in zoning has been submitted to create a uniform zone and performance standards for the site and to implement previous approvals from the Committee of Adjustment.  A revised application for Site Plan Control has been brought forward for consideration as well.

 

Existing Zoning

 

230 Besserer Street is zoned “Residential Fifth Density, R5F[1680] – Schedule 70”, which is a residential subzone with a schedule that regulates the maximum permitted height.  Exception 1680 permits a range of ancillary uses including a restaurant, day care, retail store and personal service business and limits those uses to the ground floor of a building.  Exception 1680 also sets out site-specific performance standards that created a building envelope for the previous design which at that time only encompassed 230 Besserer Street and is now no longer appropriate for the new development concept as shown on Document 4.

 

244 Besserer Street is zoned “Residential Fifth Density, R5F– Schedule 70”.  Schedule 70 sets out the maximum permitted heights for the property.  An application was made and approved by the Committee of Adjustment in March of this year to allow for an increase in height consistent with the previous approval for 230 Besserer. 

 

Proposed Zoning

 

The application proposes to modify the existing R5F[1680] subzone and Schedule 70 to create a uniform zone for both properties that will allow for the construction of the building concept as shown on Document 4.  The site-specific exception subzone would introduce minimum front, rear and interior side yards to implement the proposed building design.  A revised height schedule would permit a new maximum height of 42.5 metres for 244 Besserer Street which is currently permitted for 230 Besserer Street.  The proposed zoning would also modify the visitor parking requirements, parking drive aisle widths and permit additional non-residential uses to be located on the ground floor of a building.

 

DISCUSSION

 

Official Plan 

 

The subject properties are designated as Central Area in the Official Plan.  The subject properties also fall within the Sandy Hill West Secondary Plan area.  The policies of the Plan aim to promote the Central Area’s vital role in the city and will be supported by the protection of residential neighbourhoods and an increase in number of downtown area dwelling units.  New buildings and spaces will reflect a human scale of development which will result in an enhanced pedestrian environment. 

 

The policies of the Central Area outline that the Downtown Ottawa Urban Design Strategy (DOUDS) will be implemented to promote the liveability of the area and ensure that new developments have regard for the Central Area Secondary Plan policies. Residents living downtown serve an essential role in creating a more complete community by supporting facilities and services.  To enhance the appearance and liveability for residents the City will ensure that development has regard for the compatibility and the design outlined in the Official Plan. 

 

Compatibility Considerations

 

To address the applicable policies of the Central Area, the proposed building provides soft and hard landscaping along Besserer Street in the form of street trees, planting beds and sidewalks. At grade commercial/retail uses are proposed along with outdoor seating areas. The entrances to the commercial/retail units are covered to provide protection to pedestrians from the elements, while the separation between buildings and yard setbacks allow for sunlight to penetrate the site. The orientation of the building’s residential and commercial/retail entrances are towards the street thereby creating a lively streetscape with commercial and/or retail opportunities for local residents.  Private landscaped amenity space for residents will be located at the rear of the building.

 

Direction is provided in Section 2.5.1 of the Official Plan as to the meaning of compatible development.  Generally, compatible development means that, although not necessarily the same or similar to existing buildings, the established community is enhanced and the development coexists well with the community. 

 

Within Section 2.5.1 design objectives are set out as qualitative statements of how the City wants to influence the built environment.  These objectives are broadly stated and are applicable to all land use designations either at the city-wide level or on a site-specific basis.  Design principles are further set out to describe how the City hopes to achieve the design objectives, with acknowledgment that all the design objectives may not be achieved or be achievable in all cases. 

 

The proposed development is consistent with and implements the design objectives which speak to enhancing the sense of community, having new development respect the character of existing areas, and providing for the creation of adaptable and diverse places.  The design objective to enhance a sense of community is being achieved by infilling a large underdeveloped site and strengthening the urban fabric of the street both physically and functionally.  The development incorporates pedestrian level amenities in order to create a relationship between the site and the community.  The proposed development will also establish a focus at the intersection of King Edward Avenue and Besserer Street and along these respective streets to contribute to the rejuvenation of the local community by offering both residential and commercial/retail opportunities, notably in proximity to the Ottawa Little Theatre where  synergy may develop between that facility and the at-grade retail uses in the proposed building.

 

The second design objective is focused on development complementing the massing pattern, rhythm, character and context.  The Besserer Street elevation complements the pattern along Besserer Street which is in the midst of a transformation due to significant new development.  The positioning of the new building is slightly recessed from Besserer Street to allow for development of a pedestrian friendly environment, which incorporates wider sidewalks, landscaping, and opportunities for street level commercial/retail uses.  The style of the building is compatible with the buildings in the area currently under construction as part of the redevelopment of the area.  The massing and height along King Edward Avenue moving south towards Daly Avenue has been reduced to better complement the Heritage Conservation District to the south and maintain the original intent of the height schedule, which reduced building heights away from Besserer Street.  In particular, the positioning of the private amenity space at the rear of the proposed building complements the abutting church garden and courtyard.  This was one of the considerations discussed at length with the proponent to arrive at a design that is compatible with the abutting space, which is important to the church and its heritage setting.

 

The objective of creating adaptability and diversity will be implemented through a more diverse and compact building envelope that efficiently uses land, while contributing to the regeneration of Besserer Street. The development proposal will add new commercial, retail and housing options along Besserer Street and King Edward Avenue.  The development will also help reduce resource consumption by promoting residential intensification inside the urban area in proximity to a designated urban arterial road and in proximity to mass transit routes. 

 

Sandy Hill West Secondary Plan

 

The Sandy Hill West area is predominantly a residential area with a substantial heritage component. Policies included in the Secondary Plan require infill developments to protect and enhance the heritage residential character, as well as improve the liveability of the area.  To provide for new development that is compatible, the Secondary Plan establishes policies relating to the profile of development, pedestrian environment and liveability. 

 

With respect to building profile, the policies state that there is to be a transition in profile with nearby heritage buildings.  The planned function of the north side of Besserer Street would permit development in the range of 139 to 149 metres above sea level (approximately 20 to 24 storeys).  The proposed height of 42.5 metres (14 storeys) would provide a transition to the existing lower profile development within the Heritage Conservation District, which generally range from 7.8 metres to 18.9 metres (two to six storeys).  The transition in building height will be further enhanced by the portion of the building along King Edward Avenue where the building steps down to seven storeys, thereby lowering the height of the building when moving towards the abutting heritage district. 

 

Both the liveability and the pedestrian environment of the area will be enhanced through the proposed treatment of Besserer Street and King Edward Avenue, which will include new street trees and additional landscaping thereby creating a more appealing streetscape.  Proposed commercial/retail functions on the ground floor of Besserer Street and King Edward Avenue will animate the street and create opportunities for local interaction.

 

Staff is satisfied that the proposed zoning will meet the intent of Secondary Plan related to building height transition.  The proposed design elements to be implemented through the related application for Site Plan Control will meet the policies and objective of the Sandy Hill West Secondary Plan for public realm improvements and the creation of animated pedestrian friendly streets.

 

Design Review Considerations

 

The subject property is within the area covered by the Downtown Ottawa Urban Design Strategy (DOUDS) and is subject to design control as per Schedule L – of the Official Plan.  Properties within this area require review by the Downtown Ottawa Urban Design Review Panel.  The role of the Panel, where a rezoning application is submitted to allow for increased building height and/or density, is to assess these changes in the context of the design objectives outlined in DOUDS in order to assist the Department in evaluating the application and bringing forward a recommendation to Committee and Council. 

 

The previous application for 230 Besserer Street was reviewed by the Design Review Panel and the current application seeks to create an identical performance standard for the newly consolidated properties.  Comments provided from the panel will continue to be integrated into the revised application for Site Plan Control. 

 

Heritage Considerations

 

The subject properties are located immediately north of the Sandy Hill West Heritage Conservation District. Section 4.6.1 of the Official Plan requires that new development adjacent to heritage buildings shall respect the massing, profile and character of adjacent heritage buildings.  It is the Department’s position that the adjacent Heritage Conservation District will not be adversely impacted by the planned development.  The proposed height limit is compatible with new development that abuts the district where allowable heights range from 13.3 metres to 18.9 metres.  While the proposed height limit is 42.5 metres, it is the Department’s position that the impact is minimal. The lands within the district are approximately four metres higher in grade, resulting in a natural reduction in the building height and potential impacts.  Further potential impacts of the building will be reduced with the stepping back of the portion of the building which extends along King Edward Avenue and abuts the existing church.

 

Details of Proposed Zoning By-law Amendment to By-law 2008-250

 

Amended Height Schedule

 

The application proposes an amendment to Schedule 70 to establish a uniform height for both properties as shown on Document 3.  The current schedule applicable to 244 Besserer Street permits a range in height decreasing southerly from Besserer Street from 24.1 metres to 21.4 metres to 18.9 metres for the property at 244 Besserer. 230 Besserer Street permits a maximum height of 425 metres.  An application was made to the Committee of Adjustment to allow for an increase in height consistent with the property and the schedule applicable to 230 Besserer.  The application was approved and is in full force and effect.  The revised schedule will create one new uniform height schedule for both of the subject properties and will implement a previous approval.  The new performance standards outlined in the amended exception 1680 will also control the design of the building by creating a template for the building to ensure there are appropriate building setbacks from abutting properties, the Heritage Conservation District, and Besserer Street and King Edward Avenue.

 

Drive Aisle Width

 

Access to underground parking for the current project will be provided by a shared ramp which is located at 200 Besserer Street. The intent of the shared access was to limit the amount of garage doors and ramps fronting onto Besserer Street in order to help create a safer pedestrian environment and attractive urban design.  200 Besserer Street was approved under former By‑law 93-98 which required a minimum driveway width of 6.3 metres whereas By-law 2008-250 requires a width of 6.7 metres.  Staff have no concerns with the minor reduction as the parking garage at 200 Besserer has no functional concerns.

 

Reduced Visitor Parking

 

The application proposes a reduction in the required rate for visitor parking in excess of the first 12 apartments.  The current by-law standard would require 18 visitor parking spaces to be provided at a rate of 0.1 per dwelling unit after the first 12 units whereas the development concept proposes eight visitor parking spaces to be provided at a rate of 0.043 per dwelling unit after the first 12 units.  As the subject property is located in a Central Area close to existing and planned public transit and parking facilities, staff have no concerns with the reduction in the visitor parking rate.

 

RURAL IMPLICATIONS

 

N/A

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.  The City did not receive any negative comments or opposition to this application.

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

The Ward Councillor is aware of this report and the recommendation, and has no comment.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

There are no legal/risk management implications associated with this report.

 

CITY STRATEGIC PLAN

 

The application is consistent with the Planning and Growth Management objective of respecting the existing urban fabric and neighbourhood form so that new development integrates with established communities. 

 

TECHNICAL IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications associated with this report.

 

APPLICATION PROCESS TIMELINE STATUS

 

This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.

 

SUPPORTING DOCUMENTATION

 

Document 1    Location Map

Document 2    Details of Recommended Zoning

Document 3    Revised Height Schedule

Document 4    Concept Plan

 

DISPOSITION

 

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, 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 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 Comprehensive Zoning By-law

 

Rezone the lands known municipally as 244 Besserer from R5F S70 to R5F[1680] S70.

 

Amend Section 239, Exception [1680], as follows:

 

By deleting from Column III the use “full-service restaurant”.

 

By adding the following as Additional Land Uses Permitted in Column III:

 

·         Bank

·         Bank machine

·         Artist studio

·         Convenience store

·         Post office

·         Restaurant

 

 By deleting the existing text within Column V and replacing it with the following:

 

·         Minimum front yard setback for that portion of a building over 32 metres in height: 7.5 m

·         Minimum corner side yard setback – 0.0 metres

·         Minimum corner side yard setback for that portion of a building over 36 metres in height: 5 m

·         Minimum rear yard setback: 3.0 metres

·         Minimum rear yard setback for that portion of a building over 36 metres in height: 7.7metres

·         Minimum interior side yard setback for that portion of a building over 25.0 metres in height: 7.0 metres

·         Subsection 85(3) does not apply.

·         Subsection 100(1) does not apply.

·         Subsection 111(9), (10) and (11) do not apply

·         Despite Table 102(a)(ii), Visitor parking for balance of dwelling units – to be provided at a rate of 0.043 spaces per dwelling unit.

·         Despite Section 107(1)(a) A driveway providing access to a parking lot or parking garage must have a minimum width of 6.3 metres.

·         Despite Section 107(1)(c) and Table 107 An underground ramp accessing a parking area may have a minimum width of 3.6 metres.

·         The uses in Column III are limited to the ground floor of a building.

 

Amend Part 17, Schedule 70 by replacing it with Document 3.

 

 


REVISED SCHEDULE 70                                                                                  DOCUMENT 3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



CONCEPT PLAN AND ELEVATIONS                                                           DOCUMENT 4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


                                                                                                                                                          


             ZONING - 230-244 BESSERER STREET

ZONAGE - 230-244, RUE BESSERER

ACS2010-ICS-PGM-0112                                                                      rideau-vanier (12)               

 

(This matter is Subject to Bill 51)

 

Ainsley Davidson and Brian Casagrande, FoTenn consultants, were present on behalf of the applicants in support of the application.  Mr. Casagrande indicated he was would not support a forthcoming motion by Councillor Bédard to hold the By-law until the related site plan application had been granted.  

 

Councillor Bédard noted that this file was an example of the community negotiating with a developer to find a resolution.  He noted that his intent in recommending a motion to hold the By-law pending approval of the Site Plan was to allow some time for community participation in light of some recent developments.  However, he indicated that he would pursue those same objectives through the Site Plan delegated authority process.   Therefore, he recommended Committee approve the report recommendations, while expressing the importance of continuing to keep the community completely involved in the process.

 

Committee then approved the report recommendations, as presented.

 

That the Planning and Environment Committee recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 244 Besserer Street from Residential Fifth Density zone Schedule 70 (R5F S70) to Residential Fifth Density Exception [1680] zone Schedule 70 (R5F[1680] S70) as shown on Document 1, and to amend Exception [1680] and Schedule 70 as detailed in Documents 2 and 3.

 

CARRIED