Report to/Rapport au:

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

1 June 2007 / le 1 juin 2007

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

Directrice municipale adjointe,

Planning, Transit and the Environment / Urbanisme, Transport en commun et Environnement

Contact Person/Personne Ressource : Grant Lindsay, Manager / Gestionnaire, Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424, 13242 Grant.Lindsay@ottawa.ca

Somerset (14)

Ref N°: ACS2007-PTE-APR-0130

SUBJECT:	ZONING - 712 Somerset Street West (FILE NO. D02-02-07-0029)
OBJET :	ZONAGE - 712, rue somerset ouest

REPORT RECOMMENDATION

That the recommend Council approve an amendment to the former City of Ottawa Zoning By-Law to modify the R4D, multiple unit residential zone, applying to part of 712 Somerset Street West, to permit a retail food store on the ground floor and basement, as shown on Document 1 and detailed in Document 2.

RECOMMANDATION DU RAPPORT

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d’approuver une modification au Règlement de zonage de l’ancienne Ville d’Ottawa afin de changer la désignation de zonage R4D, zone résidentielle d’habitations multifamiliales, s’appliquant à une partie du 712, rue Somerset Ouest, afin de permettre un magasin d’alimentation au détail au rez-de-chaussée et au sous-sol, tel qu’il est indiqué dans le document 1 et détaillé dans le document 2.

BACKGROUND

The subject L-shaped property, located at 712 Somerset Street West, is on the south side of Somerset Street West and also fronts Arthur Street (to the east) and Bell Street North (to the west).

The property consists of a retail food store with access from Somerset Street West, a vacant restaurant at the basement level with a separate entrance from Somerset Street West, rental apartment units on the second and third stories accessed from Arthur Street, undeveloped residential space on the first floor on the south end of the building and residential surface parking to the southwest (15 spaces).

The subject property is adjacent to a teashop and an optical business that front Somerset Street West, which are on the southeast corner of Somerset Street West and Bell Street North. The property is also adjacent to an attached house and a detached house to the south.

On the other side of Somerset Street West, Arthur Street and Bell Street North are various commercial retail businesses, places of worship, commercial offices, and rental apartment buildings.

Purpose of Zoning Amendment

The purpose of the Zoning By-law amendment is to permit the expansion of the current retail food store (approximately 550 square metres) into the residential portion of the ground floor (approximately 253 square metres) and basement of the building (approximately 228 square metres), along Arthur Street.

Existing Zoning

The property and building currently fall under two zones. The front portion of the property and building is zoned Neighbourhood Linear Commercial with an exception – CN [491] and the back portion of the property and building, along Arthur Street, is zoned Multiple Unit Residential - R4D.

Proposed Zoning

The R4D portion of the first floor of the building is undeveloped and the owner would like to expand the commercial use to utilize this space. In addition, the owner wishes to utilize the basement under the residential portion for commercial storage. It is proposed that a site specific exception to the R4D zone be created to permit a retail food store on the ground floor, commercial storage in the basement and that commercial parking spaces not be required for the added commercial space created from this development.

DISCUSSION

Official Plan Considerations

Strategic Directions:

The strategic directions of the Official Plan recognizes that the zoning in many areas of the city, particularly areas adjacent to major roads, at the periphery of neighbourhoods and proximate to transit stations may require an amendment to change the permitted use of the land. In these circumstances, the compatibility of the proposed development must be considered. An assessment of the compatibility of new development involves consideration of built form and of operational characteristics such as traffic, access, parking, loading and servicing.

General Urban Area:

The subject property is designated ‘General Urban Area’ in the Official Plan, which in addition to permitting a variety of residential, employment, service, cultural, leisure, entertainment and institutional uses, encourages the provision of conveniently located retail uses. Subject to certain policies, the City supports intensification within the General Urban Area. The intent of the policies is to protect the character of the residential neighbourhood and to mitigate any possible impacts which non-residential uses may have on the residential areas. In particular, Policy 6 of Section 3.6.1 states that the City is to ensure these uses: are compatible and complement surrounding land uses, are conveniently located with respect to concentrations of residential development, provide direct access for pedestrians and cyclists from adjacent residential uses, and are of a size and scale that will not result in the attraction of large volumes of vehicular traffic from outside the immediate area.

Traditional Mainstreet:

The subject property is also designated ‘Traditional Mainstreet’ in the Official Plan, which identifies streets that offer some of the most significant opportunities in the city for intensification through more compact forms of development, a lively mix of uses and a pedestrian-friendly environment. Over time, it is the City’s intent that Mainstreets achieve more compact, mixed-use, pedestrian-oriented development patterns. The boundary of a Traditional Mainstreet designation is flexible depending on site circumstance and lot configuration. On lots where development has the potential to develop both adjacent to the street and to the rear of the property, the Mainstreet designation will apply to the entire lot.

Proposed Development:

The subject property is located on a traditional mainstreet / arterial road, is at the periphery of a residential neighbourhood and is proximate to transit. The compatibility of the built form, from a pedestrian perspective, will not change as only interior renovations are required to expand the store and an additional access is not contemplated. The proposed expansion would provide for the enlargement of a conveniently located retail use, that is oriented to Somerset Street West, and that local residents want.

Consideration was also given to the operational characteristics of the proposal, such as traffic, access, parking, loading and servicing. It is expanded services to an existing customer base that is contemplated and not an expansion of the customer base. Many local residents do not have vehicles and mobility is limited to walking, cycling and transit. Customers will be able to purchase products at one location rather than travelling to several. Therefore, minor impacts pertaining to increased traffic or on-street parking is anticipated on the residential neighbourhood. It is proposed that customer access to the building continue to only be permitted from Somerset Street West. Loading and servicing to the building is not anticipated to have significant changes in location or volume.

Zoning By-law Considerations

The site currently has one building with two separate zonings; commercial and residential. In addition to utilizing commercial opportunities on the front portion of the building, in the basement and ground floors, the building has a significant residential presence on the second and third stories of the building with 28 residential units. The proposal is for the expansion of a retail food store into the residential portion of the ground floor and basement only. This would be achieved through interior renovations.

From a pedestrian perspective there will be no change to the outside of the building. The existing parking situation has legal non-conforming rights and the expansion of a retail food store will not contribute significantly to parking or traffic issues. Loading and servicing to the building is not anticipated to have significant changes in location or volume.

The proposed amendment will allow a commercial use, limited to a 'retail food store’ on the ground floor and basement only. There will be no permitted customer access from Arthur Street, maintaining the pedestrian environment on Arthur Street. In addition, the recommended zoning will set out restrictions on the expansion of the building.

Conclusion

The Department is satisfied that the objectives set out in the Official Plan, related to commercial uses in the General Urban Area and Traditional Mainstreet have been met. The site is at the edge of an existing neighbourhood, is on an arterial road, is surrounded by a mix of uses, and will not adversely impact the adjacent residential area. The Department is satisfied that by limiting the range of commercial uses and access to it, that the proposal will be compatible with the adjacent residential community.

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.

A summary of the Consultation Details appears at Document 3.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

This application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications due to a delay in receiving required documents.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Details of Recommended Zoning

Document 3 Consultation Details

DISPOSITION

City Clerk’s Branch, Secretariat Services to notify the owner, Koon Shing Yip, 1348 River Road, Manotick, Ontario, K4M 1B4, applicant, Rickson Outhet, 319 Daly Avenue, Ottawa, Ontario, K1N 6G6, 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, Transit and the Environment Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

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

LOCATION MAP DOCUMENT 1

DETAILS OF RECOMMENDED ZONING DOCUMENT 2

The following zoning change will be made to part of 712 Somerset Street West as shown on Document 1:

Change Zoning from R4D to R4D [xxx] with the following exceptions:

Additional Permitted Use;

1. retail food store

Zoning Provision

1. retail food store use is permitted only on the ground floor and only associated storage is permitted within the basement of the building as it exists on (Day of Passing of By-law).
2. Subsection 51 – Table 51 – xxxi does not apply for the ground floor and basement of the building as it exists on (Day of Passing of By-law).
3. Customer entrance to business from Somerset Street West only

CONSULTATION DETAILS DOCUMENT 3

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.

SUMMARY OF PUBLIC INPUT

Comments were received from the public regarding this application as well as comments from the Somerset Street Chinatown Business Improvement Area and the Dalhousie Community Association. The following contains a summary of the comments and concerns by the community followed by a response from the Department.

PUBLIC COMMENTS IN SUPPORT OF THE REZONING APPLICATION

1) A petition signed by approximately 50 local residents was submitted with the following statement:

“The Kowloon Market is applying for re-zoning of the empty premises at the back of the store to accommodate”:

- extending product lines and services including some goods currently sold in LOEB

- reducing traffic congestion on Arthur Street and Bell Street

- cleaning air by reducing garbage exposure out in the open

- reducing noise pollution on Arthur Street and Bell Street

We need your support for this application. Please sign this petition.”

2) From the 120-metre circulation (now required by Bill 51), one resident called the City’s Planning and Infrastructure Approvals Branch to state that he; “strongly supports the re-zoning”.

3) The Somerset Street Chinatown BIA stated they were in support of the rezoning, for the following reasons summarized below:

- The closing of the LOEB in the area in December of 2006 created a void in “essential products used by every Canadian household” that “Asian Grocery and Specialty Stores on Somerset West” do not supply, such as fresh vegetables, dairy products and meats.

- Many local residents are facing hardship with the closing of LOEB because they do not have cars and the next closest supermarket is at Bank Street and Somerset Street West.

- Kowloon Market would have the capacity to carry these essential goods, and would be able to supply both Chinese and Canadian products at one location, if it was permitted to expand into the existing vacant residential space.

- With residential population growth in the area, more grocery stores, not less are required.

PUBLIC COMMENTS NOT IN SUPPORT OF THE REZONING APPLICATION

1) Three local residents contacted staff to express concerns regarding an expansion of the business without adding parking and encroachment into residential lands.

2) The Dalhousie Community Association stated they were opposed to the re-zoning, for the following reasons summarized below:

- Existing building was overbuilt in 1996 under non-conformance rules after the site was destroyed by fire.

- Arthur Street plot was further intensified by replacing the burned out 1.5 storey house with four storeys of apartments.

- Only 14 parking stalls were provided for the Somerset Plot

- The basement was transformed from storage to restaurant/bar with no additional parking

- Non conforming right to stack garbage on Arthur Street continued

- The ground floor of Arthur Street plot was presented to the public and submitted for site plan as residential units.

- The adjacent residential community is tightly constrained by the encircling commercial zoning on Gladstone, Booth, Somerset and by Bronson Avenue traffic. This small residential area (4 streets less than 2 blocks long) if consistently encroached into, will become untenable as a neighbourhood.

- Somerset Heights Community Improvement Plan (1994):

- Adjacent residential areas to be preserved

- Commercial intrusion into residential areas to be resisted

- Redevelopment to avoid aggravating current problems in the surrounding impact area.

- Somerset Heights Traffic and Parking study:

- Parking shortage

- Illegal Parking

- 67 % of non-residential parking on residential streets (should be discouraged)

- Due to non-conforming parking rights for the existing Kowloon Market and expanded commercial area, parking shortage is significantly exacerbated and the rezoning would make the problem worse.

- A larger grocery store will generate more garbage, noisy delivery trucks – unloading on Arthur Street, traffic – circulating and idling, illegal parking – particularly on weekends, transfer commercial truck and other traffic to Bell Street

- Under the Somerset Heights Traffic and Parking Plan a large planter, tree tub and tree were strategically placed at the residential/commercial boundary to calm traffic and screen the Commercial Use from the Adjacent Residential Use. The re-zoning would negate the intent of the buffer and bring negative commercial impacts closer to the residents on the opposite side of Arthur Street.

- In reference to the Official Plan and Traditional Mainstreet designation the proposed zoning, by encroaching into the established neighbourhood, would not enhance the adjacent community and will cause an undue adverse impact (not intensification – overdeveloped)

- Owners have sought to have the Arthur Street plot re-zoned in 1999, 1997, and 1995 and refused by planning staff, Planning Committee and Council. The present application is basically the same and should like wise be refused.

COUNCILLOR’S COMMENTS

Councillor Holmes is aware of this application.

STAFF RESPONSE TO COMMENTS

Parking and Traffic

There are currently 15 parking spots on the property supplied for the existing residential units. There are no provisions for commercial parking due to legal non-conforming rights. No increase in parking is proposed. It is the change in parking and traffic anticipated that must be addressed in the review of this zoning proposal. This change is anticipated to be minor as noted in the Report. However, since the inception of Somerset Street West Parking Strategy that was developed in 1990 various recommendations have been implemented and improvements made.

The intent of the expansion is to be able to offer existing customers additional products to purchase that they would otherwise have to travel elsewhere to get. An increase in the customer base is not anticipated.

Local Residents Support for Expansion of Market

With the closing of a LOEB grocery store, residents have indicated (through a petition and contacting the assigned planner directly) that there is a need for a grocery store in the area that would offer essential products such as fresh fruits, vegetables, meat and dairy products. It is the intention of the applicant to meet that need. It was also indicated that many local residents do not have cars and are facing hardship because the next closest supermarket is at Bank and Somerset.

Overbuilt Property

This application is not proposing any additional square footage. The current building is not considered to be overdeveloped, as it is a mass and form consistent with what was allowed under the Zoning By-law. Further, as noted, this proposal is to allow the use to better serve the community and is not expected to result in an increase in the current customer base.

Encroachment of Commercial into Residential

The residential space on the ground floor is currently not utilized and the expansion of the store would not change the pedestrian environment, as only internal renovations are proposed. In addition customers would not be permitted to access the market from Arthur Street. There will still be residential on the second and third floors.

Compatibility

The application was assessed in the context of the compatibility policies of the Official Plan, as discussed. Staff are satisfied that this proposal to expand the current commercial use will not have an undue adverse impact.