2. ZONING – 340 MCLEOD STREET

ZONAGE – 340, RUE MCLEOD

Committee recommendation

(This matter is Subject to Bill 51)

That Council approve an amendment to Zoning By‑law 2008-250 to change the zoning of part of 340 McLeod Street from TM H(19.0) (Traditional Mainstreet, Height 19.0 metres) to TM [xxxx] Sxxx (Traditional Mainstreet, Exception xxxx, Schedule xxx) and to remove the heritage overlay, as detailed in Documents 2 and 3, and shown in Document 1.

Recommandation du comité

(Cette question est assujettie au Règlement 51)

Que le Conseil approuve une modification au Règlement de zonage 2008-250, en vue de faire passer le zonage d’une partie du 340, rue McLeod de TM H(19.0) (rue principale traditionnelle, hauteur de 19,0 mètres) à TM [xxxx] Sxxx (rue principale traditionnelle, exception xxxx, annexe xxx) et de supprimer la désignation de valeur patrimoniale, tel qu’exposé en détail dans les documents 2 et 3, et illustré dans le document 1.

Documentation

1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 6 May 2011 (ACS2011-ICS-PGM-0111)

2. Extract of Draft Planning Committee Minutes of 24 May 2011.

Report to/Rapport au:

Planning Committee

Comité de l'urbanisme

and Council / et au Conseil

06 May 2011 / le 06 mai 2011

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

Somerset (14)

Ref N°: ACS2011-ICS-PGM-0111

SUBJECT:	ZONING – 340 mcleod street (FILE NO. d02-02-11-0009)

OBJET :	ZONAGE – 340, rue mcleod

REPORT RECOMMENDATION

That the Planning Committee recommend Council approve an amendment to Zoning By‑law 2008-250 to change the zoning of part of 340 McLeod Street from TM H(19.0) (Traditional Mainstreet, Height 19.0 metres) to TM [xxxx] Sxxx (Traditional Mainstreet, Exception xxxx, Schedule xxx) and to remove the heritage overlay, as detailed in Documents 2 and 3, and shown in Document 1.

RECOMMANDATION DU RAPPORT

Que le Comité de l’urbanisme recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250, en vue de faire passer le zonage d’une partie du 340, rue McLeod de TM H(19.0) (rue principale traditionnelle, hauteur de 19,0 mètres) à TM [xxxx] Sxxx (rue principale traditionnelle, exception xxxx, annexe xxx) et de supprimer la désignation de valeur patrimoniale, tel qu’exposé en détail dans les documents 2 et 3, et illustré dans le document 1.

BACKGROUND

The subject property is located along McLeod Street east of the intersection of Bank Street and McLeod Street. The site has an area of 2563 square metres and a frontage of 40 metres.

The application applies to the rear portion of the subject property as shown on Document 1. The portion of the property which fronts Bank Street was subject to separate applications for a change in zoning and site plan control to allow for the development of Phase 2 of the Central condominium project. The proposed application would allow for the development program to continue over the remaining lands zoned TM H(19).

Bank Street is designated as a “Traditional Mainstreet” in the Official Plan. The Centretown Secondary Plan designates the portion of the site abutting Bank Street as Residential. This segment of Bank Street contains a variety of service commercial, retail, professional and residential uses in the immediate area. The subject property is also located within the Centretown Heritage Conservation District as designated under the Ontario Heritage Act.

Existing Zoning

The site is zoned Traditional Mainstreet - TM H(19). The current zoning permits a variety of retail, service and residential uses. The existing zoning also permits a maximum height of 19 metres. The site is within the Centretown Heritage Conservation District as designated under Part V of the Ontario Heritage Act and is subject a Heritage Overlay.

Purpose of Application

The application for site plan control proposes to construct a nine-storey, 162-unit residential condominium. The proposed condominium will be constructed after the demolition of the existing four-storey commercial building which has been vacant for the last four years and is of no architectural interest. The new building is designed in a U-shape, with stepped-back massing on the upper two levels. Green roofs will be provided on the roof of the ninth storey and on the seventh-storey roof, where the building is set back.

The development will provide a two-level underground parking garage which includes 116 vehicle parking spaces and 169 bicycle parking spaces. The underground parking garage will be accessed via a common garage door that is shared with Phase 2 of the Central Condominium from McLeod Street. There is no vehicular access proposed from Bank Street. As the proposed development does not conform to the existing performance standards set-out in the TM H(19) zone, a Zoning By-law Amendment is required.

Proposed Zoning

The application for change in zoning proposes to make the following changes to the current zoning performance standards.

· Increase in building height from 19 metres to 29.5 metres.

· Increase in the front-yard setback from two metres to three metres at ground level.

· Reduction in the front-yard setback above four storeys from two metres to 1.1 metres.

· Reduction in the interior side-yard setback from 1.2 to 0 abutting Phase 2 and from 1.2 metres to 0.92 metres abutting the east lot line.

· Reduction in the rear-yard setback from 7.5 metres to 1.1 metres.

· Reduction in the amount of visitor parking to 13 spaces whereas 30 spaces are required.

DISCUSSION

Official Plan

Strategic Directions

Section 2 of the Official Plan sets broad strategic directions to meet the challenge of managing growth, providing infrastructure, maintaining environmental integrity and creating liveable communities within Ottawa. To meet these challenges, polices are set out to pursue a mix of land uses, housing types and compact forms of development, which in turn will enable the City to support a high-quality transit system and make better use of existing infrastructure and roads. The proposed development provides a mix of uses and housing types at densities that will support this overall goal.

Traditional Mainstreet

The site is designated as a Traditional Mainstreet in the Official Plan. Traditional Mainstreets offer some of the most significant opportunities for intensification through more compact forms of development, pedestrian-friendly environments and mixes of use. The Official Plan encourages intensification along Mainstreets through the redevelopment of sites. They are intended to establish a strong street edge with buildings that are human-scaled.

The proposed development to be permitted by the recommended zoning conforms with and implements the key strategic directions set out in the Plan for Mainstreets. The development allows for the redevelopment of an underutilized property to a level of intensification that will support the rejuvenation of Bank Street and contribute to an increased population along a key corridor in proximity to transit, employment areas and public amenities. The proposed development advances a design that will integrate into the McLeod Street environment by articulating the façade into architectural segments that create a downward transition to the east along McLeod Street and is of a scale that fits into the local urban context.

The policies of the Official Plan support building heights up to six storeys on Traditional Mainstreets; however greater building heights may be considered if they conform to prevailing building heights. The proposed building will be consistent in height with the approved first and second phases of the Central development; the second and third phases of the development will abut each other and share certain amenities. The proposed building height is also consistent with the height permitted within the Residential – Medium Profile designation of the Centretown Secondary Plan which allows for buildings up to nine storeys. Therefore, the increase in height from six to nine storeys for portions of the building is considered consistent with the applicable policies of the Traditional Mainstreet designation.

Centretown Secondary Plan

The site is designated as “Residential – Medium Profile” on Schedule H of the Centretown Secondary Plan. The Goals of the Centretown Secondary Plan speak to maintaining and enhancing the residential character of Centretown while accommodating persons of all age groups, income levels, cultural backgrounds, lifestyles and household sizes with good quality, affordable housing.

As well, it is the intent that Medium Profile Residential Areas include a variety of dwelling types suitable for occupancy by one person, small and medium-sized family and non-family households. The proposed development will provide a range of housing options for the single, small or downsizing family and is consistent with the intent of the designation.

The Centretown Secondary Plan seeks to encourage innovative building and site development which will contribute to the physical environment of the community, and to develop a safe and attractive pedestrian and bicycle system between neighbourhoods (Section 3.3.2). Whereas the current building on the site provides no animation or uses at grade, the proposed building will transform this section of the street by introducing ground oriented residential units and new landscaping and street furniture. The introduction of such elements are consistent with the Centretown Secondary Plan objectives.

The Centretown Secondary Plan also outlines policies with respect to both General Site Development and Residential Site Development that apply to development and redevelopment within Centretown. In general, the scale, form, proportion and spatial arrangement of new development must cause minimal visual intrusion and, wherever possible, contribute to the overall physical environment of Centretown. In general, new development must not unreasonably obstruct natural light, view and air circulation from the main window of existing habitable rooms. The construction of the proposed building will complete what is an ultimate “U-shaped” building design that will allow for all units to have exposure to natural light. As well, the design of the building will allow for a greater separation from existing residential buildings in an effort to reduce shadowing impacts. Modifications to the east façade which abuts an existing residential building have been incorporated to allow for further separation between the existing and proposed buildings.

New development in Heritage Conservation Districts must have design and landscaping that complements the character of the area. Discussion of the proposed development with respect to heritage is included below under the heading Heritage Considerations, as well as within the staff report to the Ottawa Built Heritage Advisory Committee (OBHAC).

In summary, the proposed development satisfies the policies in the Centretown Secondary Plan.

Compatibility and Urban Design

Section 2.5.1 of the Official Plan establishes design objectives that describe the vision for the form of the City’s 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 intends 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 defining public and private spaces through development and creating adaptability and diversity.

Encouraging the continuity of street frontage, meeting the needs of pedestrians, and contributing to attractive public spaces and vistas are the first key design objectives. As a result of the continued façade along McLeod Street, a strong street edge and pedestrian environment is created.

The increased setbacks at grade along McLeod Street provide a larger public amenity area, space for pedestrian movement, and opportunities for additional landscaping consistent with the character of McLeod Street. The introduction of new residential uses at grade will create opportunities for a variety of social and commercial interactions, and extend the residential continuity along McLeod Street to the approaches of Bank Street.

The objective of creating adaptability and diversity will be implemented through a more compact and diverse building envelope that efficiently uses land while contributing to the regeneration of the Centretown community with a new building that integrates contemporary design. The development proposal will add new housing options along McLeod Street. The development will also help to reduce resource consumption by promoting residential intensification inside the urban area in immediate proximity to a transit corridor.

Section 4.11 of the Official Plan as well as the City’s Urban Design Guidelines provide further direction on design and compatible development. The proposal was also reviewed in light of the Urban Design Guidelines for Traditional Mainstreets. The following is an analysis of the applicable criteria, which demonstrates that the proposed development satisfies the compatibility tests of the Official Plan in a way that does not result in undue adverse impacts.

Height and Massing

New buildings are to have regard to the area context and massing and height of adjacent buildings. It is recognized that there are no immediate buildings in the area nine storeys in height; however, as noted previously, the Official Plan does not require a new building to be the same as other buildings to be considered compatible.

The section of Bank Street where the subject property is located is viewed as an area in transition and reinvestment. The development is consistent with the direction and vision outlined within the Centretown Secondary Plan and the Downtown Ottawa Urban Design Strategy 2020 (DOUDS). The Official Plan states that heights above six storeys may be considered, and the Centretown Secondary Plan permits heights up to nine storeys. Where variation in height and massing are considered appropriate, transitions in building heights are desirable and can be offset through the use of a more pedestrian friendly at-grade environment. As mentioned previously, the increase in height is considered appropriate given the site’s urban context, and no undue adverse impacts are anticipated.

Transportation

A traffic impact study was prepared in support of the application and has been reviewed by staff. The study determined that the area roads could accommodate the traffic that would be generated without any requirements for roadway modifications and found the proposed private approach from McLeod Street to be appropriate. There is no current or proposed access to the site from Bank Street. The proposed development is expected to generate 35 and 37 vehicular trips in the morning and afternoon peak hours respectively.

Parking

The proposal is deficient in parking spaces based on the current Zoning By-law requirements for visitor parking. The applicant has increased the amount of visitor parking to respond to the concerns raised, and to be closer in conformity with the current by-law standard. Given the central location of the site and its proximity to public transit, the demand for parking is reduced. In addition, there is on-street parking present on all streets in the surrounding area.

Pattern of the Surrounding Community

The proposed development will continue to integrate common building characteristics and materials found in the related projects on the north side McLeod Street and at the intersection of Bank Street and McLeod Street. This project will also continue the streetscape elements that were established on the north side of McLeod Street in the redevelopment of the former Metropolitan Bible Chapel site. Specific architectural treatments have been incorporated into the third phase to create a desired downward transition when moving east along McLeod Street further into the residential area. Massing elements on the upper storeys and along the eastern property limit have been refined based on feedback from the Urban Design Review Panel to reduce any potential negative impacts on the street environment and abutting properties.

Ottawa Urban Design Review Panel

The subject property is located within a Design Priority Area and was subject to review by the City of Ottawa Urban Design Review Panel. An initial meeting was held with the applicant on January 6, 2011, followed by a second formal review on March 3, 2011. The Panel thanked the applicant for responding to comments from the preconsultation meeting to address items such as the upper level massing and street-level environment. The panel felt that proposed design along McLeod was a strong attempt to deal with the issue of at-grade residential units, and that it sets a good precedent. The panel also feels that the project is a good example of how density can be brought into the City at a scale that is compatible with and sympathetic to the neighbourhood.

Heritage Considerations

The Official Plan requires that new construction in a Heritage Conservation District includes consultation with OBHAC and a Cultural Heritage Impact Statement.

The applicant has prepared a Cultural Heritage Impact Statement in support of the application that was reviewed by staff. A staff report recommending that the existing building be demolished was carried by OBHAC on January 20, 2011. A separate application for new construction within a Heritage Conservation District will be considered at the same time as this report.

Infrastructure

The existing infrastructure in the area has adequate capacity to support the proposed development.

Concurrent Application

The applicant has submitted an application for Site Plan Control (File D07-12-11-0019) which is currently under consideration.

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 Councillor is aware of the application.

LEGAL IMPLICATIONS

There are no legal implications associated with this report.

RISK MANAGEMENT IMPLICATIONS

There are no risk management implications associated with this report.

FINANCIAL IMPLICATIONS

There are no direct financial implications associated with this report.

TECHNOLOGY IMPLICATIONS

There are no technology implications associated with this report.

CITY STRATEGIC PLAN

The proposed development and planning applications align with the City Strategic Plan in that it respects the existing urban fabric, neighbourhood form, and the limits of existing hard services so that new growth is integrated seamlessly with established communities; creates a walking, transit, and cycling oriented community; and contributes toward achieving a 30 per cent modal split by 2021.

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 Proposed Height Schedule

Document 4 Building Elevations

Document 5 Consultation Details

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

Details of Recommended Zoning – 340 McLeod

1. Rezone the lands shown on Document 1 from TM H(19) to TM[XXXX] SXXX.

2. Add a new exception to Section 239 with provisions similar in effect to the following:

i) In column II the text “TM[XXXX] SXXX”

ii) In column V the text:

- maximum setback from the lot line abutting McLeod Street for any part of a building 15m in height or less: 3 m

- minimum setback from the lot line abutting McLeod Street for any part of a building more than 15 m in height: 2 m

- minimum setback from a lot line abutting:

(a) 330 McLeod Street: 0.8 m

(b) 237, 239A and 255 Argyle Avenue: 1 m

- minimum setback from the TM[1778] S261 zone: 0m

- Subsection 197(3), Table 197(c) through (g) inclusive does not apply

- Table 197(i)(i) does not apply however where a yard is provided and not used for entrances, walkways, driveways, aisles, parking or loading spaces, the whole yard must be landscaped

- maximum permitted building heights are as per Schedule XXX

- maximum building heights set out on Schedule XXX do not apply to projections permitted under Section 65

- despite Section 65, Table 65, Row 6(b), the maximum size and extent of projection for an uncovered balcony is 2 metres and may be as close as 0 metres to any lot line

- subclause 102(2)(b)(ii) does not apply and the minimum required number of visitor parking spaces for the balance of the dwelling units over 12 dwelling units is 0.085 spaces per dwelling unit

- driveways and aisles leading to a parking garage may be located in the abutting TM[1778] S261 zone

- clause 197(1)(b) does not apply

3. Add Document 3 to Part 17 as Schedule XXX.

4. Remove the heritage overlay from the lands shown in Document 1.

PROPOSED HEIGHT SCHEDULE DOCUMENT 3

BUILDING ELEVATIONS DOCUMENT 4

CONSULTATION DETAILS DOCUMENT 5

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. A summary of the comments received and a staff response are provided below. Three comments were received from the public circulation, two letters were in opposition to the project and one letter was received in support. A comment from the Centretown Citizens Community Association (CCCA) was also received.

PUBLIC COMMENTS

1. Concerns were raised with respect to the decrease in the amount of visitor parking required for the development.

Response:

The application originally proposed to provide 10 visitor parking spaces whereas the by-law requires 30 visitor parking spaces to be provided. The applicant has increased the amount to visitor from 10 to 13 spaces. As well, on-street parking is available in the surrounding area and the mixed-use development currently under construction on the north side of McLeod Street. Surplus parking in this neighbouring development will be made available to the public and will provide parking for retail uses within the first and second phases. Therefore, a reduction in parking requirements for this development is considered acceptable.

COMMUNITY ORGANIZATION COMMENTS

The Centretown Citizens Community Association (CCCA) appreciates the opportunity to comment on the Zoning By-Law Amendment and Site Plan Control applications received by the City of Ottawa for 340 McLeod - Central Phase 3. The CCCA is supportive of a residential rezoning for 340 McLeod, although the Association does have some comments and concerns regarding various aspects of the current applications, outlined below.

The subject property is currently zoned “Traditional Mainstreet” TM H(19) which permits a variety of retail, service and residential uses. The Centretown Secondary Plan designates the portion of the site abutting Bank Street as Residential. We ask that because the subject property is also located within the Centretown Heritage Conservation District as designated under the Ontario Heritage Act, aspects of this proposal be consistent with the original plan for the area.

1. Height increase

The CCCA objects to the height of the proposal. The document "Final Planning Rationale" shows that most of the adjacent buildings, except for Central Phases 1 and 2, are lower than 9 storeys. Unlike Central Phases 1 and 2, this building will not abut Bank Street but will be entirely within the residential mid-block zone and therefore should step down considerably to match the other buildings in this block.

While Central I and II were permitted to go to 9 storeys (with Central I "transitioning" to 7 stories at the east end's 3-storey houses), we are asking that the eastern side be lowered since it is surrounded by lower residential development, in order to properly step back to allow light to still reach the seniors apartments next door.

The eastern side of the site is surrounded by lower residential development, including seniors' apartments, and the proposed heights could have an impact on their quality of life by reducing the amount of light that reaches these buildings. The CCCA urges the City to seek a reduction on the height of the proposal.

2. Setback reductions

The shadow study in the "Urban Design Report" shows a significant impact on the adjacent seniors' apartment building at all times of the year, due to the significantly reduced setback and minimal stepping back of upper storeys (a few metres on the top two storeys).

The proposed reduction in setbacks should be rejected, particularly on the side abutting the eastern lot and the rear-yard. The loss of rear-yard space will particularly reduce the ability of potential residents to enjoy the private property of the site, and could negatively affect residents of the building by not allowing suitable setbacks from neighbouring properties and their noise. The proposed increase in the front-yard setback is supported by the CCCA.

3. Transit, Parking and Environmental Considerations

The CCCA has some concern that the reduction in visitor parking spaces will have a negative impact on residents of the building, and that the bicycle parking is located underground. The accessibility of bus routes could help mitigate these concerns, and the CCCA encourages the developers of this site to advocate for continued improvement to public transit in this area during the course of the building's development, including the building of bus shelters. However, the residents of this building will still be visited from friends and relatives from other cities or areas with poor public transit access, as well as service professionals. While they may not be the initial buyers of condos in this building, with the aging population that is downsizing to condominiums, this building will likely have a sizeable senior population that will need to be visited by various services requiring visitor parking (meals on wheels, rehabilitation services, nursing, cleaning, etc.). It is furthermore premature to say that a reduced visitor parking demand is acceptable, as the area has yet to feel the full impact of the increased demand for visitor parking by the nine floors of residents of Central Phases 1 and 2, as well as the loss of the surface parking lots on which these phases are being/to be built. The CCCA is supportive of the inclusion of 169 bicycle parking spaces and green roofs in the proposal, both aspects that benefit the residents of the building and encourage a reduced environmental footprint in downtown living.

Other environmental considerations the developers could take into account is the collection of rain water for gardening and other uses, and ensuring that rain troughs do not empty directly into the sewers so as to help mitigate the possibility of overwhelming the sewer system, which can lead to flooding of other buildings dependent on the same system.

The CCCA is strongly in favour of residential uses in Centretown, as guided by the Centretown Secondary Plan. Such development meets the City's goals for intensification within the existing zoning. While the CCCA has some objections to the proposal for 340 McLeod, the positive aspects of this proposal as outlined above and the contribution they will make to a more vibrant downtown core are noted and supported.

The CCCA urges the City to incorporate the above points into its evaluation of this proposal, and to require these amendments prior to its approval of this rezoning application.

Response:

Height and Transitioning

The policies of the Official Plan – Traditional Mainstreet designation allow for the consideration of additional height where it conforms to prevailing building heights. The proposed building is consistent with the approved nine storey buildings to be constructed within phases one and two of the Central development project. The consideration of additional height is also consistent with the policies of the Centretown Secondary Plan which designate the site as Residential - Medium Profile, and allows for building heights up to nine stories.

With respect to transitioning of the proposed building, the portions of the new building closest to 330 McLeod have been stepped down to seven stories from nine stories which provides an appropriate transition when moving east along McLeod Street into the existing residential area.

Setbacks

The treatment of the eastern property limit between the subject site and the existing building was raised by the Urban Design Review Panel during the preconsultation phase. In response to the Panel during the formal project review, the applicant revised their elevation by pulling back additional sections of the eastern façade. The intent of the design change was to reduce any potential impacts to the amenity space of the abutting property and allow additional circulation and building separation. Both the Panel and staff are satisfied with the design response.

Parking

The original application proposed to provide 10 visitor parking spaces, however based on comments from the public the applicant has increased the amount to 13 spaces. As well, surplus parking in this neighbouring development will be made available to the public and will provide parking for retail uses within the preceding phases. On-street parking is available in the area and the mixed-use development currently under construction on the north side of McLeod Street. Therefore, a reduction in parking requirements for this application is considered appropriate.