3. ZONING – 409 TO 411 PRESTON STREET

ZONAGE – 409 À 411, RUE PRESTON

Committee recommendation

(This matter is Subject to Bill 51)

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 409 and 411 Preston Street from TM[86] to TM[XXXX], as detailed in Document 2.

Recommandation DU Comité

(Cette question est assujettie au Règlement 51)

Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage des 409 à 411 de la rue Preston de TM[86] à TM[XXXX], comme il est expliqué en détail dans le Document 2.

Documentation

1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 19 August 2011 (ACS2011-ICS-PGM-0174).

2. Extract of Draft Minutes 19, Planning Committee meeting of 13 September 2011

Report to/Rapport au :

Planning Committee

Comité de l'urbanisme

and Council / et au Conseil

19 August 2011 / le 19 août 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 (Ward 14) Ref N°: ACS2011-ICS-PGM-0174

SUBJECT:	ZONING – 409 to 411 Preston Street (FILE NO. D02-02-11-0003)

OBJET :	ZONAGE – 409 À 411, RUE PRESTON

REPORT RECOMMENDATION

That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 409 and 411 Preston Street from TM[86] to TM[XXXX], as detailed in Document 2.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’urbanisme recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage des 409 à 411 de la rue Preston de TM[86] à TM[XXXX], comme il est expliqué en détail dans le Document 2.

BACKGROUND

The subject site, 409 and 411 Preston Street, is a corner property at the northeast intersection of Preston Street and Norman Street. The site has a combined frontage of approximately 11 metres (m), a lot depth of 27.45m and a total site area of approximately 300m².

The two properties are occupied by a two-and-a-half storey semi-detached dwelling fronting onto Preston Street and a detached garage located at the rear of the lot. The garage and three surface parking spaces located in front of the garage are accessed from Norman Street. A raised paving stone walkway provides access from the parking at the rear of the property to the front doors of the semi-detached building.

As part of the redevelopment of this property, the existing semi-detached dwelling will remain while an existing frame vestibule at the rear of the dwelling along with the detached garage will be demolished and in its place, a three-story, three unit condominium building accessed from Norman Street.

The site immediately to the north of the subject property is occupied by a two-storey commercial/industrial building with a recessed loading area accessed off of Preston Street. The remainder of the block to the north has been developed with a one-to two-storey building that turns the corner onto Beech Street and is occupied by a restaurant. The area along Preston Street to the north, beyond Beech Street, is characterized by low and medium profile mixed-use buildings containing other retail, restaurant, commercial and office uses.

The area to the west of the property, across Preston Street, is occupied by a two-storey mixed use building containing restaurant and office uses. The area behind the mixed-use building, west of Preston Street, is predominantly low-profile residential development with some limited industrial uses located mid block.

The south side of Preston Street, immediately opposite the site, is occupied by a two-storey Bank of Nova Scotia building and associated parking lot located at the rear. The property immediately abutting to the east is occupied by a two-and-a-half-storey single detached home. Continuing east, the area is characterized by an established residential neighbourhood consisting of low-profile single detached dwellings.

The property is within walking distance to a number of employment nodes. The Booth Street government complex is located east of the property at the end of Norman Street while another extensive office complex is located two blocks north of the site near the Queensway.

The site is located within 600m of Carling Station on the O-Train Transit Line providing easy access to downtown. In addition, Carling Avenue has been identified as a Future Rapid Transit Corridor while Preston Street has been designated as an on-road cycling route.

Purpose of Zoning Amendment

The purpose of the Zoning By-law amendment application is to change the zoning on the site to permit a three-unit dwelling, defined in the Zoning By-law as a “residential use building originally constructed to contain three principal dwelling units divided horizontally”, where the current zoning does not permit this type of development. The applicant is also requesting a number of reliefs to the zone provisions including, but not limited to, reduction in yard setbacks and parking requirements (see Document 2).

The property will be subdivided creating a new parcel of land to accommodate the proposed development, subject to Committee of Adjustment approval. The proposed lot will have an area of approximately 125 square metres with a lot frontage of approximately 11.43m along Norman Street and a lot depth of approximately 10.9m.

Existing Zoning

The property is currently zoned Traditional Mainstreet Special Exception 86 (TM [86]). The purpose of the Traditional Mainstreet zone is to accommodate a broad range of uses including retail, service commercial, office, residential and institutional uses as well as mixed-use buildings.

Urban exception 86 states that lots 603m² in area or greater must be developed as mixed-use with the gross floor area dedicated to commercial uses not exceeding the gross floor area dedicated to residential uses. Further, a place of assembly, instructional facility and recreational and athletic facility are limited to areas above grade. The Exception also includes a definition for restaurant.

Proposed Zoning

The proposed zoning will make the following changes to the TM[86] zone (See Document 2 for details) on this site:

· Add three-unit dwelling as a permitted use;

· Subsection 197(1)(c) does not apply;

· Minimum front yard setback is 0.75m;

· Minimum corner side yard setback is 0.09m;

· Minimum interior side yard setback is 0.20m;

· Minimum rear yard is 0.20m;

· No minimum required landscape area abutting a residential zone;

· No parking is required; and

· Despite Section 65-Table 65 6(b) – balconies higher than 0.6 m above adjacent grade may project up to 0.2m from any lot line.

DISCUSSION

Planning Act and Provincial Policy Statement

Section 2 of the Planning Act outlines those land use matters that are of provincial interest, to which all City planning decisions shall have regard. The provincial interests that apply to this site include the appropriate location of growth and development and the promotion of development that is designed to be sustainable to support public transit and to be oriented to pedestrians. In addition, the Planning Act requires that all City planning decisions be consistent with the Provincial Policy Statement (PPS), a document that provides further policies on matters of provincial interest related to land use development. PPS policies indicate that there should be an appropriate mix of uses and range of housing types and densities which efficiently use land, resources, infrastructure and public service facilities, and support the use of alternative transportation modes and public transit.

The proposed zoning allows for an increased mix of residential and commercial uses in the area, which will efficiently use land and contribute to a balanced community. The site is located on an arterial road and transit priority corridor (Preston Street), which provides excellent access to the site and is a focus for a mixed-use development. The site is conveniently located near residential and commercial areas to allow for access by pedestrians. The density of the proposal makes good use of existing urban lands, services, and infrastructure. Staff conclude that the proposal is consistent with the matters of provincial interest as outlined in the Planning Act and PPS.

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.

Land Use Designation

The site is designated as “Traditional Mainstreet” on Schedule B of the Official Plan. Traditional Mainstreets exhibit compact urban character with a pedestrian-oriented pattern of development and mix of uses that provide for access by a variety of transportation modes. Mainstreets are intended to function as mixed-use corridors in order to sustain the surrounding community and the transit system, and to provide a focus for the community. They are intended to establish a strong street edge with buildings that are human-scaled. This designation recognizes the importance of the site to achieving a positive pedestrian environment, and as a location for additional density.

The proposed development achieves a more intense, yet human-scaled built form within a mix of uses in this part of Little Italy and will contribute to supporting the public transit system and community services, and therefore is in conformity with the Traditional Mainstreet policies.

Compatibility and Urban Design

Section 2.5.1 establishes design objectives which 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 enhancing the sense of community, defining public and private spaces through development, and having new development respect the character of existing areas. An enhanced sense of community is being achieved by infilling a site that presently has garages and a parking area and strengthening the urban fabric of the street physically and practically. Public and private spaces are being further defined through the establishment of a strong street edge and pedestrian environment. The proposed new development respects the character of the existing area by complementing the massing pattern, height, and character of the surrounding context (see Documents 3 and 4 for the proposed site plan and building elevations).

Section 4.11 as well as the 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 and Transit-Oriented Development. 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:

Building Height and Massing:

· The planned function for this area is Traditional Mainstreet which allows for a building height in the range of four to six storeys, with a minimum height requirement of two storeys. At three-and-a-half storeys, the proposed development is less than what is typically permitted but achieves the minimum planned building height for Mainstreets.

· The building typology, although not identical, is comparable and compatible with the existing neighbourhood. The development is considered low profile and is in keeping with the low profile character of the neighbourhood. Building heights along Norman Street are not consistent, ranging from two-and-a-half-storeys to one-and-a-half-storeys.

· At three and a half-storeys, the development transitions well from the two-and-a-half-storey detached dwelling to the east and the two-storey semi to the west.

· The design includes the use of different materials at grade from those used on the upper floors. This variation in building materials reduces the overall mass of the building by breaking it up visually and creating human scale at grade.

· The residential area to the east of the site is designated Mixed-Use Centre. The planned function for Mixed-Use Centres is a denser and more compact form of development.

Pattern of the Surrounding Community:

· A corner property, the site is located at the edge of a mature and established residential community. The proposed development will book-end the street with a form of development that may be slightly denser than what currently exists in the neighbourhood but is comparable both in terms of scale and size and is carefully sited on the lot.

· The proposed development has been set back from the front lot line to follow a similar street setback and landscape treatment at grade as existing development.

· A front porch feature has been incorporated at grade which is consistent with the existing residential neighbourhood.

· The proposed development and the adjacent property to the east are separated by an existing driveway for the adjacent dwelling creating a similar rhythm of spacing as exists on the remainder of the street.

Preston-Champagne Secondary Plan

The site is located within the Preston-Champagne Secondary Plan area and designated Main Street Corridor. The vision for Preston Street as described in the Secondary Plan is for a unique pedestrian-oriented community focused street providing street level retail, ethnic restaurants, cultural facilities and residential uses.

Section 6.4 for the Main Street Corridor (Preston Street) permits mixed-use buildings and encourages residential or other appropriate uses above the street level. The policies require low to medium profile, human scale mixed-use buildings in keeping with the Main Street theme as outlined in the City’s Official Plan.

Policy 3.6.3.3, permits a broad range of uses on Traditional Mainstreets including retail, service commercial uses, offices, residential and institutional uses. Further, policy 3.6.3.3 states that “uses can be mixed in individual buildings or occur side by side in separate buildings”.

Details of Proposed Zoning

The Zoning By-law Amendment proposes to amend the existing Traditional Mainstreet Zone Exception 86 (TM [86]) to Traditional Mainstreet Exception XXXX (TM [XXXX]) zone, which would permit the proposed three-unit residential use, a reduction in the required parking and modifications (reductions) to the yard provisions. The details of the zoning amendment are contained in Document 2.

Traffic Issues

The proposed development consists of three residential units and is not considered a significant traffic generator. As such, a traffic study was not required by the City in support of this proposal.

The site is adjacent to an existing arterial roadway (Preston Street) and in proximity to a well developed roadway network which includes other arterial and major collector roads (Carling Avenue to the south, access to the Queensway to the North, Rochester and Booth Street).

This proposal seeks to eliminate all of the required parking for both the proposed development and the existing semi-detached dwelling. As a result, no vehicular access and egress is being provided that could negatively impact on adjacent properties.

The existing and proposed number of units collectively generates the need for 4 vehicular parking spaces. The request to eliminate the requirement for vehicular parking is not anticipated to create significant spill-over parking on adjacent areas.

The site is located within 600m of a rapid transit station; it is in walking distance to employment as well as to many other amenities available along Preston Street. The reduction in vehicular parking will promote increased walking, cycling and transit. On-street parking is available along Norman Street as well as Preston Street.

Servicing Issues

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

Concurrent Application

A Site Plan Control application is being processed concurrently.

CONCLUSION

The proposed development supports the direction of the Planning Act and Provincial Policy Statement by creating new development at densities and locations that efficiently uses land, existing infrastructure and supports alternative transportation. It represents an appropriate form of intensification, and is in conformity with the policies in the Official Plan. The Official Plan seeks to reduce the number of surface parking lots in the inner area through redevelopment, and this proposal satisfies that goal. Staff are satisfied that compatibility, design, and transportation aspects of the site have been adequately considered in light of the relevant Official Plan policies and design guidelines. The proposed Zoning By-law amendment conforms with the general intent of the Official Plan and existing zoning in the area, and as such, staff recommend approval of the proposed zoning.

CONSULTATION

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy (see Document 5).

COMMENTS BY THE WARD COUNCILLOR

The Councillor is aware of the application and recommendation.

LEGAL IMPLICATIONS

There are no legal implications associated with this report.

FINANCIAL IMPLICATIONS

There are no direct financial implications associated with this report.

ENVIRONMENTAL IMPLICATIONS

The site has been identified on Schedule M of the Secondary Plan as Potentially Contaminated Site- Group III Site (Low Priority). The Secondary Plan policies state that potentially contaminated sites will be subject to the policies of the Official Plan, Section 4.8.4 Contaminated Sites.

The Contaminated Sites policies require that a Phase I Environmental Site Assessment (ESA) documenting previous uses of the property and providing an assessment of the actual and potential soil or groundwater contamination on the site be submitted. A Phase I ESA in support of this application which details the previous uses on the site and provides an analysis of potential contamination, was completed for the site and based on the findings of the Phase I ESA, a Phase II ESA was not recommended.

CITY STRATEGIC PLAN

The application is consistent with the Planning and Growth Management priority which encourages the infill and intensification of lands designated General Urban Area.

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 complexity of engineering issues.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Details of Recommended Zoning

Document 3 Proposed Site Plan

Document 4 Proposed Elevations

Document 5 Consultation Details

DISPOSITION

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5, 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 property as shown on Document 1 from TM[86] to TM[XXXX].
Add an exception to Section 239, for the property including the following:

In Column II, the text TM[XXXX]; and,
In Column III, the text:

Further Permitted Uses

· Three unit dwelling

· Hotel

· Place of Assembly

In Column V; the text:

· lots 603 m² in area or greater must be developed as a mixed use, where the gross floor area dedicated to commercial uses must not exceed the gross floor area dedicated to residential use

· the following uses are limited to locations above the ground floor: place of assembly, instructional facility, recreational and athletic facility

· despite Section 54, restaurant, full-service means a restaurant that sells, serves and prepares on-site food and beverages to patrons seated at tables, for consumption on the premises.

· Subsection 197(1)(c) does not apply

· minimum front yard setback is 0.75m

· minimum corner side yard setback is 0.09m

· minimum interior side yard setback is 0.20m

· minimum rear yard is 0.20m

· no minimum required landscape area abutting a residential zone

· no parking is required

· Despite Section 65-Table 65 6(b) – balconies higher than 0.6 m above adjacent grade may project up to 0.2m from any lot line.

PROPOSED SITE/LANDSCAPE PLAN DOCUMENT 3

PROPOSED 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.

PUBLIC COMMENTS

In regards to the zoning bylaw amendment proposal for 409 and 411 Preston Street, we feel there are a number of issues with this proposal that, if approved, would seriously negatively impact on the character of Preston and Norman Streets, and on the quality of life and financial security of the residents of these streets.

The proposed setback reductions and lack of any parking spaces would not be in keeping with the current neighbourhood look, and would result in a block-like structure which would negatively impose on the adjacent properties on Norman Street, especially 79 and 78 Norman. As well, the proposed parking amendment would increase the pressure on street parking in a neighbourhood where visitors (including tradespersons, family and friends visiting residents) already have significant challenges finding parking most of the time.

As well, considering the geology of this area, the demolition of the existing home at 409/411 Preston, and the blasting and excavation that would precede any new structure, would risk severely damaging the cement block homes on Norman Street (79, 77, 75, 73, 78, 76).

Currently, the overwhelming majority of properties on Norman Street between Preston and Rochester are single family homes with at least some amount of front and back yard space, and most have single or multiple parking spaces. The residences at the Preston end of Norman Street (79, 77, 75, 73, 78, 76) all have substantial front and backyards, and could strongly be argued, by their size and appearance, to be the backbone of the residential area at the southern end of Little Italy. The structure resulting at 409/411 Preston, if these amendments were approved, would not fit in with the existing residential feel, and would in fact be both an aesthetic eyesore and reduce property values for the existing homeowners on Norman Street.

We would argue that none of the setback proposals be approved. All existing setbacks and open space areas should be maintained as currently set. The proposal to reduce the number of required parking spaces from 4 to 0 should also be not be approved; however, in the interests of environmental progression, we would agree that a reduction from 4 to 3 parking spaces, to provide one space for each unit, would be acceptable. However, any construction on this site must be minimized to mitigate the effects that blasting and excavation would have on neighbouring properties.

Since purchasing our home and moving to Little Italy in 2001, we have seen the character of this neighbourhood improve for the better. While we support intensification in downtown Ottawa and Little Italy, and feel it would add to the improvement of this neighbourhood through increased demand for retail services, developments must reflect any positive existing aspects, especially on a residential street such as ours. Gardens, green space and homes appropriately sized to their lots are essential to keeping downtown Ottawa a pleasant place to live.

Response:

The Official Plan contains policies which promote varied housing types in order to provide choice and housing options throughout the City, and especially in areas close to transit. The policies in the Official Plan envision this area developing as an area of mixed-uses, including all types and forms of residential dwellings. Specific provisions have been included in the recommended zoning that will reduce the impacts, such as building size and setbacks. Additional design considerations will be reviewed during the subsequent Site Plan Control process. There is no evidence that the proposed development would negatively impact the use and enjoyment of surrounding properties or their values.

Rationale for reducing the retail and visitor parking requirements is included in the Discussion section above. The Official Plan seeks to reduce the number of surface parking lots in the inner area through redevelopment, and this proposal satisfies that goal.

COMMUNITY ORGANIZATION COMMENTS

DALHOUSIE COMMUNITY ASSOCIATION

755 Somerset Street West, Ottawa, Ontario, K1R 6R1

Eric Darwin, President

March 4, 2011

City of Ottawa

Attn. Bliss Edwards

The Dalhousie Community Association discussed the proposed site plan and zoning by-law amendments for 409-411 Preston Street, files D07-12-11-0006 and D02-02-11-003.

We have no objections to the project.

Eric Darwin

President, DCA