Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

24 June 2010 / le 24 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

 

Somerset (14)

Ref N°: ACS2010-ICS-PGM-0124

 

 

SUBJECT:

ZONING - 801 albert street (FILE NO. D02-02-03-0181)

 

 

OBJET :

ZONAGE - 801, rue albert

 

 

COMMITTEE RECOMMENDATIONS

 

That Council refuse an amendment to the Zoning By law 2008-250 and former City of Ottawa By-law 93-98 to change the zoning of 801 Albert Street to permit a mixed-use development for the reasons outlined in the report (ACS2010-ICS-PGM-0082) and because, given the significant infrastructure easements required and already located on the site, Committee is of the view that this site is not developable without the following:

 

a.                  completion of a Master Servicing Study as part of the Community Design Plan (CDP) process to confirm the water, sewer and storm sewer service infrastructure requirements, including the potential and options for relocating main trunk lines to better accommodate development and design objectives determined through the CDP process;

 

b.                  completion of a comprehensive Transportation and Traffic Impact Assessment as part of the CDP process that will address the surrounding area transportation and traffic issues and the property’s vehicle access and egress requirements;

 

c.                   completion of the Bayview-Carling CDP to determine a larger direction for how this site would fit within the development program for the CDP; and

 

d.                  approval of an application for Site Plan Control following completion of the CDP which reflects and implements the directions determined through the CDP for the site, and is consistent with the policies of the Official Plan for Mixed-Use Centres.

 

RECOMMANDATIONS DU COMITÉ

 

Que le Conseil refuse apporte une modification au Règlement 2008-250 sur le zonage et au Règlement 93-98 de l’ancienne Ville d’Ottawa afin de changer le zonage du 801, rue Albert, de façon à y permettre un aménagement polyvalent, pour les raisons énoncées dans le rapport (ACS2010-ICS-PGM-0082) et parce que, compte tenu des importantes servitudes requises pour les infrastructures, qui existent déjà, le Comité estime que cet emplacement ne peut être aménagé sans les éléments suivants :

 

a.                  réalisation d’une étude de viabilisation principale dans le cadre d’un Plan de conception communautaire (PCC), afin de confirmer l’infrastructure requise (aqueduc, égouts, égouts pluviaux), y compris les possibilités de déplacement des conduites principales pour mieux faciliter l’aménagement et les objectifs de conception définis dans le cadre du PCC;

 

b.                  réalisation d’une évaluation complète de l’impact sur le transport et la circulation dans le cadre du PCC, afin de résoudre les questions relatives au transport et à la circulation dans le secteur ainsi que la question de l’accès à la propriété pour les véhicules;

 

c.                   réalisation du PCC Bayview-Carling, afin de déterminer comment cet emplacement s’intégrerait au programme d’aménagement dans le cadre du PCC;

 

d.                  approbation, une fois le PCC achevé, d’une demande de réglementation du plan d’implantation qui reflète les orientations établies dans le PCC pour l’emplacement et y donne suite, et qui soit compatible avec les politiques contenues dans le Plan officiel concernant les centres polyvalents.

 

 

BACKGROUND

 

Report ACS2010-ICS-PGM-0082 was prepared for consideration by Planning and Environment Committee on April 27, 2010.  The original staff report recommended refusal upon review of the key considerations such as how the development as proposed by the applicant, does or does not respond to and/or address applicable strategic directions and policies of the Official Plan for Mixed-Use Centres and the directions set out in the Council-approved Transit-Oriented Development and High-Rise Housing Design Guidelines.

 

The staff recommendation was ultimately approved, as amended above.  The item was then heard before Council on April 28, 2010 where it was referred back to Planning and Environment Committee to give further consideration to issues such as density, servicing and parking.  The following provides further information on the three topics requested by Council.

 

Density

 

The subject property is approximately 14 435 square metres in size.  The current “MC[1351] F(1.5)-h” Mixed-Use Centre Exception Zone permits a floor space index of 1.5, which equates to approximately 21 652 square metres of development.  The applicant has requested that the current floor space index (FSI) be removed for the subject site to facilitate the proposed development concept as shown on Document 2.

 

The development concept consists of a new office tower (Tower A), a new residential tower (Tower B), and a third smaller mixed-use building (Tower C) as shown on Document 2.  Tower A would be 17 stories in height with 318 parking spaces.  The parking spaces would be located at grade and within four levels of structured parking, the top of which would be level with Albert Street and serve as the base for the tower. Tower B would be 24 storeys in height with 184 dwelling units.  The residential tower would have four storeys of structured parking totalling 219 spaces.  This structured parking, located below the tower would result in the base of the tower being roughly level with the elevation of Albert Street.  Tower C on the eastern portion of the site would be four storeys in height. The ground floor would consist of commercial uses, with the remaining three floors consisting of 15 residential units.  Eight indoor parking spaces would be provided for these residential units.  The total number of parking spaces proposed is 559 spaces.

 

The proposed development concept is equal to an FSI of approximately 6.0 or 88 326 square metres of development.  The requested increase in the permitted amount of development through the removal of the current FSI is a significant increase from the current performance standard.  Through a review of the submitted materials including the preliminary site plan, staff have concluded that existing constraints on the site including significant service easements and the site’s topography does not allow the proposed development at the density proposed to advance Council’s urban design objectives and principles as detailed in the Official Plan, and would not be consistent with the applicable polices for Mixed Use Centres and the Council-approved guidelines for Transit-Oriented Development and High-Rise Housing.

 

To achieve the density with the current site constraints caused by the existing easements on the site, results in a built form being introduced onto all those areas of the site not encumbered by easements.  To address the topographical conditions, and provide parking to support the proposed development, podiums that will present blank wall conditions adjacent to the easements is proposed for the parking structures below the office and residential towers.  For those areas of the existing easements along the property edges, and where the land between easements is not adequate to accommodate a building, surface parking is proposed with the internal easements accommodating driveways to access both the below grade and surface parking.  Such a development program to accommodate the intensity proposed and the existing constraints results in a development that does not reflect the objectives of the Official Plan and is not in keeping with Council’s urban design objectives and principles as detailed in the Official Plan.

 

As noted in the report considered by Planning and Environment Committee on April 27, a key direction for areas where more intense mixed-use development is to be provided, and specifically for Mixed-Use Centres, is that they be developed as dynamic centers of activity in a way that is compact and will contribute to place-making through an urban form and organization of uses that provide a strong pedestrian and transit orientation for the area, and provide strong interconnections through and to adjacent areas. In staff’s view the development proposed for the site under the current zoning is not reflective of the intent of the Official Plan for development within Mixed-Use Centres.  The proposal very much reflects a more suburban design approach of towers in a park, and not the more urban interconnected, pedestrian-focused development with a dynamic, active, and animated open space design program, that will support the site in becoming an integral element of the larger Mixed-Use Centre of which it is a part.

 

The proposed development concept concentrates the massing of the project in areas of irregular geometry where no easements are located. While the proposed development appears to have avoided encroaching into the City’s infrastructure easements, its implications on the existing municipal infrastructure has not been fully examined.  The resulting design of the site as shown in the concept plan, including the placement and distribution of massing, the relationship between the buildings and the streets, the spaces between buildings, and the pedestrian environment, is not in keeping with Council’s urban design objectives and principles as detailed in the Official Plan, the applicable polices for Mixed Use Centres and the Council-approved guidelines for Transit-Oriented Development and High-Rise Housing.

 

As a result, Recommendations (a) and (b) of the report are appropriate as it will allow for development upon the completion of a Master Servicing Study and Transportation Study which are part of the ongoing Carling-Bayview Community Design Plan.

 

Servicing

 

As noted, the site has significant constraints to achieving the nature and form of development contemplated for Mixed-Use Centres.  These constraints include the major piped infrastructure that serves large areas of the city (the West Nepean Collector Sanitary Sewer, the Mooney's Bay Collector Sanitary Sewer, the Nepean Bay Storm Sewer and a major High Pressure Water Transmission Main) as shown on Document 3. The existing municipal infrastructure transects the site in various directions and areas resulting in a fragmented property.  In addition, the embankment for the Scott Street bridge structure forms the northern property limit of the site.

 

The West Nepean Collector Sanitary Sewer crosses the northern half of the site and is approximately 10 metres below grade.  The Mooney’s Bay Collector Sanitary Sewer crosses the western limit of the site and discharges into the West Nepean Collector Sanitary Sewer.  The Mooney’s Bay service is approximately six metres below grade.  Both the Mooney’s Bay and West Nepean Collector Sanitary Sewers are located within separate six-metre wide easements.  Additional six-metre working easements will be required to allow access for maintenance of this critical City infrastructure.

 

The High Pressure Transmission Main (HPTM) is located along the southern limit of the property and is approximately 2.4 metres below grade.  The HPTM has been recently replaced and is subject to a 20-metre wide easement.  The HPTM provides the potable water supply to a significant portion of the City.

 

The Nepean Bay Storm Trunk is also located within a six-metre wide easement which bisects the site.  The Nepean Bay Storm Trunk is approximately five metres below grade.

 

As well, there are development constraints as a result of the grade changes on the site, which drops significantly from Albert Street to the south. The presence of the existing piped infrastructure and its related easements in favour of the City create portions of the site which are severely limited in the form and amount of development they can support.

 

While the proposed development appears to have avoided encroaching into the City’s infrastructure easements, its implications on the existing municipal infrastructure has not been fully examined.  In this regard, further technical information has been requested from the applicant in order to better evaluate the potential construction and design impacts on the above infrastructure services and easements.  This information is critical to determining the ability of the existing infrastructure to accommodate the proposed development concept, as well as any future potential impacts of the development on the safety, maintenance, and replacement of the existing infrastructure.

 

Central to the issue of the existing infrastructure, however, is examining the potential for pipe relocation to unencumber potential development sites beyond 801 Albert Street.  This would allow those sites to be developed in a way that could respond well to not only the objectives of the Official Plan for Mixed-Use Centres, but also in a way that contributes to having the area advance the place-making objectives and integration objectives of the Official Plan.  This examination is part of the Master Servicing Study that is part of the CDP work program.  Staff therefore are of the view that the retention of the holding provisions is appropriate.  Decisions for this site, as was acknowledged when the City was working with the applicant to examine the potential for an integrated development of the site with the North-South LRT and key adjacent areas, are considered best made in the context of the CDP process.  The subject site, being at the terminus of the Mixed-Use Centre and being adjacent to a major transit facility (both existing and planned), is considered too important to be developed in isolation of finding the best approach for development through the CDP process.

 

Parking

 

The total required parking for the proposed development concept is 811 spaces, whereas the concept proposes to provide 559 spaces.  The concept proposes 427 structured parking spaces and 132 surface parking spaces.  The deficiency in parking is due to the applicant’s request to provide office parking at a rate of 0.75/100 square metres whereas the by-law requires 1.8/100 square metres.  The requested reduction in the required parking for an office use has merit given the strategic location along an existing, well-serviced transit corridor and the applicable land use planning policies.

 

However, the relationship between the proposed density and the required parking continues to be a concern. The design and placement of parking on the site as noted will create an environment that is not in keeping with Council’s urban design principles and objectives.

 

The required parking for the development concept at the reduced office ratio still requires multiple levels of structured parking within a podium to allow buildings to be located at grade with Albert Street.  It also requires surface parking over easements along the property edges, as well as on that lands cannot support buildings due to internal easements but can accommodate driveways.  The proposed design of the multi-storey structured parking creates harsh and undesirable edge condition along Albert Street, the old Wellington Street right-of-way, the O‑train corridor, and the Official Plan-designated Multi-Function Pathway. A majority of the frontage will have no opportunity for accommodating uses that will help to enliven the streets and pathways and other public spaces at this important transit node, which is required by the applicable land use policies and guidelines.

 

For the surface parking, staff are not satisfied with the extensive at-grade parking fronting Albert Street, across the street from the existing BRT station and the future LRT station, nor with the at‑grade parking proposed along the entire southern edge.  Such placement and design are not in keeping with Council’s urban design principles and objectives, the polices for Mixed-Use Centres, and the Council-approved guidelines for Transit-Oriented Development and High-Rise Housing.

 

In summary, to accommodate the extent of parking required leaves little area and no opportunity to ensure that the edges of the development contribute to creating a well designed, active and animated open space environment that reflects and is consistent with directions set out in the Official Plan.

 

A redistribution of the massing over the site, either with the relocation of infrastructure to reduce current site constraints, or with a less intensive development where less parking would be required could be better accommodated within the current site constraints, and would allow for a better designed development, though not as intense, and would allow for better integration of the site with its future surroundings.

 

Conclusion

 

Staff considers the site an important element of the larger Mixed-Use Centre and considers it critical that the future development opportunity of the site be determined through the CDP process.  The CDP study is examining, through the Master Servicing Study, the potential to relocate some of the major infrastructure which could unencumber the site and allow for a more orderly development program that would fit with the larger development and design objectives that would be determined for the Mixed-Use Centre that surrounds and incorporates this site.  The current development program in staff’s view has not been developed with sufficient attention to how this site would become part of the larger Mixed-Use Centre.  With the significant increase in density proposed on the site, and given the current infrastructure constraints, staff considers the project to be inconsistent with the current polices in place for Mixed-Use Centres.  This was the basis for the initial staff recommendation to refuse the application, and it continues to support the recommendations set out in this follow-up report.

 

RURAL IMPLICATIONS

 

N/A

 

CONSULTATION

 

N/A

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

The Ward Councillor is aware of the report and the staff recommendation.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

The zoning for the subject lands has also been appealed to the Ontario Municipal Board as part of the Comprehensive Zoning appeals (Appeal 49).  This matter has been set down for a two‑week hearing commencing 15 November 2010. 

 

TECHNICAL IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications associated with this report.

 

SUPPORTING DOCUMENTATION

 

Document 1    Location Map

Document 2    Concept Plan

Document 3    Existing Services

 

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.

 


LOCATION MAP                                                                                                DOCUMENT 1

 


CONCEPT PLAN                                                                                                DOCUMENT 2


EXISTING SERVICES                                                                                       DOCUMENT 3