5.             ZONING - 127 CATHERINE STREET

 

ZONAGE - 127, RUE CATHERINE

 

 

 

Committee recommendationS

 

(This application is subject to Bill 51)

 

1.         That Council approve an amendment to the former City of Ottawa Zoning By-law 93 -98 to change the zoning of 127 Catherine Street from CG8 [650] F(3.0) H(18.3) to CG8 [***] F(3.0) H(18.3), to provide for a parking lot as a temporary permitted use for three years, as detailed in Document 2.

2.         That the By-law to implement Recommendation 1 not be enacted until such time as an updated site plan to provide for improving the landscaping treatment is submitted and approved with an agreement entered into or a letter of undertaking provided.

3.         That approval of the temporary zoning set out in Recommendation 1 be null and void if the requirements of Recommendation 2 have not been satisfied within six months of approval.

 

 

RecommandationS du Comité

 

(Cette demande est assujettie au Règlement 51)

 

1.         Que le Conseil approuve une modification au Règlement de zonage 93-98 de l’ancienne Ville d’Ottawa visant à changer le zonage du 127, rue Catherine, de CG8 [650] F(3.0) H(18.3) à CG8 [***] F(3.0) H(18.3), pour prévoir un parc de stationnement pour une période temporaire de trois ans comme le montre le document 2.

2.         Que le Règlement pour mettre en pratique la recommandation 1 ne soit pas sanctionné avant que l’on soumette un plan d’implantation actualisé prévoyant l’amélioration de l’aménagement paysager et qu’on l’approuve avec une entente intervenue ou une lettre d’engagement présentée.

3.         Que l’approbation du zonage temporaire exposé à la recommandation 1 soit nulle et invalide si les exigences spécifiées à la recommandation 2 ne sont pas respectées dans les six mois suivant l’approbation.

 

 

Documentation

 

1.      Deputy City Manager's report Planning, Transit and the Environment dated 9 April 2008 (ACS2008-PTE-PLA-0089).

 

2.   Extract of Draft Minutes, 22 April 2008.


Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

9 April 2008 / le 9 avril 2008

 

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°: ACS2008-PTE-PLA-0089

 

 

SUBJECT:

ZONING - 127 Catherine Street (FILE NO. D02-02-08-0010)

 

 

OBJET :

ZONAGE - 127, rue catherine

 

 

REPORT RECOMMENDATIONS

 

1.                  That the  recommend Council approve an amendment to the former City of Ottawa Zoning By-law 93 -98 to change the zoning of 127 Catherine Street from CG8 [650] F(3.0) H(18.3) to CG8 [***] F(3.0) H(18.3), to provide for a parking lot as a temporary permitted use for three years, as detailed in Document 2.

 

2.                  That the By-law to implement Recommendation 1 not be enacted until such time as an updated site plan to provide for improving the landscaping treatment is submitted and approved with an agreement entered into or a letter of undertaking provided.

 

3.                  That approval of the temporary zoning set out in Recommendation 1 be null and void if the requirements of Recommendation 2 have not been satisfied within six months of approval.


 

RECOMMANDATIONS DU RAPPORT

 

1.                  Que le Comité de  recommande au Conseil d’approuver une modification au Règlement de zonage 93-98 de l’ancienne Ville d’Ottawa visant à changer le zonage du 127, rue Catherine, de CG8 [650] F(3.0) H(18.3) à CG8 [***] F(3.0) H(18.3), pour prévoir un parc de stationnement pour une période temporaire de trois ans comme le montre le document 2.

 

2.                  Que le Règlement pour mettre en pratique la recommandation 1 ne soit pas sanctionné avant que l’on soumette un plan d’implantation actualisé prévoyant l’amélioration de l’aménagement paysager et qu’on l’approuve avec une entente intervenue ou une lettre d’engagement présentée.

 

3.                  Que l’approbation du zonage temporaire exposé à la recommandation 1 soit nulle et invalide si les exigences spécifiées à la recommandation 2 ne sont pas respectées dans les six mois suivant l’approbation.

 

 

BACKGROUND

 

The subject lands, 127 Catherine Street, are located in the Centretown area.  The Centretown area is a diverse neighbourhood containing a mix of residential, commercial, office and retail uses.  The property has a frontage of 37.5 metres on the north side of Catherine Street and 24.4 metres on the west side of O’Connor Street.  The lot area is approximately 913.5 square metres.  The front yard is O’Connor Street for Zoning By-law purposes.  The property is occupied by a surface parking lot having 36 permanent spaces.  The parking lot is screened along its Catherine and O’Connor Street frontages with shrubs in raised wooden planters.

 

The property is zoned CG8 [650] F(3.0) H(18.3).  The CG zone is a General Commercial Zone, which permits a range of commercial and residential uses.  Exception 650 adds, “Temporary use parking lot, effective January 23, 2002, expiration January 23, 2005,” as an additional permitted use.  The proposed zoning for the property in the Comprehensive Zoning By-law is GM3 F (3.0) H (18.5), a General Mixed-Use Zone.  The purpose of the General Mixed-Use Zone is to allow residential, commercial and institutional uses, or mixed-use development in the General Urban Area.

 

Purpose of Zoning Amendment

 

The purpose of this Zoning By-law Amendment is to re-establish a “parking lot” as a temporary permitted use for the site.  The current zoning of the property permits a parking garage but not a parking lot.  The property has been used as a parking lot since 1993. The parking lot use was originally established through minor variance applications during the period 1993 to 1998, and recently by temporary zoning amendments.  The first temporary zoning amendment was granted in 1998 and the most recent was granted in 2002, expiring in January of 2005. 

 

DISCUSSION

 

Official Plan

 

The subject lands are designated “General Urban Area” in the Official Plan and “Queensway Commercial Area” in the Centretown Secondary Plan.  The policies of the Official Plan support a wide variety of uses in the General Urban Area.  The Plan states, “The General Urban Area permits uses that may generate traffic, noise or other impacts that have the potential to create conflicts with the surrounding residential community…  Such uses will be directed to: Suitable locations on the perimeter of, or isolated from, established residential neighbourhoods.”

In keeping with this policy, the parking lot is located directly adjacent to the Queensway on the perimeter of the Centretown neighbourhood, an edge context that is less sensitive to impacts associated with parking lots than the residential areas to the north.

 

The strategic directions of the Official Plan recognize that although priority is to be given to reducing car dependency, all modes of transportation, including car travel need to be provided for.  The strategic directions related to parking are:

 

1)      To provide short-term parking that supports the vital interests of local businesses, institutions and tourism destinations.

2)      To limit the supply of long-term parking to levels that balance the needs of automobile users with the City’s transit ridership objectives, while minimizing spill-over parking in residential areas.

 

The subject property is located within walking distance of the Museum of Nature, the YMCA/YWCA and the Ottawa Curling Club in the Queensway Commercial Area.  It provides a modest amount of parking that supports the interests of local businesses while helping to reduce spill-over parking in adjacent residential areas.

 

The Centretown Secondary Plan contains policies regarding areas designated Queensway Commercial Area. Policy 3.4.2 states, “This area shall include offices, hotels, apartment hotels, parking areas, bulk good outlets, wholesale operations and several other commercial operations which serve the special needs of travellers and commuters as well as the special needs of the residents of the City. Residential uses are not considered to be compatible. Development will be encouraged to create a buffer between the Queensway to the south and the residential areas to the north.”  While the Plan includes policies regarding parking areas that state, “In general, the development of new public parking will not be permitted,” the continued use of the land as a parking lot, rather than creating a new parking lot, is justified and is consistent with the prescribed use for the Queensway Commercial Area. 

 

Further, the landscaping of the parking lot is consistent with policies in the Centretown Secondary Plan which state, “All parking and loading areas shall be appropriately landscaped and screened from adjacent properties and roadways,” as the parking lot is landscaped along its street frontage on Catherine and O’Connor Streets.  Finally, the design of the parking lot is in keeping with the design policies of the Centretown Secondary Plan which state, “Public parking and loading areas shall be designed to minimize conflict with adjacent land use.

Vehicular entrances and exits to parking areas shall be designed to minimize the disruption of traffic flow on access roads.” No problems with traffic flow on Catherine Street associated with the parking lot have been identified.

 

Regarding Recommendations 2 and 3, the Official Plan states that where a rezoning permits temporary surface parking the City will require that the visual appearance of such parking areas be enhanced and that screening be provided through the use of substantial vegetation, while ensuring adequate public safety.  As a significant period of time has passed since Site Plan Control approval was granted for this site in 1994, the Department is recommending that the applicant apply for a revision to the previous site plan control approval to provide for the enhancement of the existing landscape screening. 

 

This requirement will ensure that the objectives of the Official Plan are fulfilled regarding the enhancement of the visual appearance of parking areas.

 

Summary

 

The proposed zoning is consistent with the intent of the policies of the Official Plan and the Centretown Secondary Plan and merits approval.

 

Details of Proposed Zoning

 

The proposed zoning will provide for a site-specific exception to include a “parking lot” as a temporary permitted use for a period of three years.  Details of the recommended zoning are included as Document 2.

 

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.  Comments from the public and the Councillor are addressed in Document 3.

 

FINANCIAL IMPLICATIONS

 

N/A

 

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      Consultation Details

 

DISPOSITION

 

City Clerk’s Branch, Council and Committee Services to notify the owner, T.K.S. Holdings Inc., 400 Slater Street, #2102, Ottawa, ON  K1R 7S7, applicant, FoTenn Consultants Ltd., 223 McLeod Street, Ottawa, ON  K2P 0Z8, 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

 

By-law 93-98 be amended as follows:

 

  1. Column II, Exception No. 650 of Table XV be amended by deleting the effective and expiration dates of the temporary zone and replacing them with “effective May 14th, 2008, expiration May 14th, 2011”;

 

  1. Column IV, Exception No. 650 of Table XV be amended by deleting the words, “-parking lot”.

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. 

 

 

PUBLIC COMMENTS

 

 

Response to Comment: The owner of the property was notified, through his agent, and asked to ensure that cars are not parked within the right-of-way.

 

COUNCILLOR’S COMMENTS

Councillor Diane Holmes submitted the following comment: 

 

“This property was established as a parking lot in 1993, and obtained Committee of Adjustment approval for public parking, as a 'temporary minor variance' to the end of 1996. In 1998 it was given a further 'tp' temporary parking zone, to 2001, with a companion Site Plan Control Agreement for planters along O'Connor and Catherine Streets. In 2001 the owner attempted to have the zoning changed permanently to public parking, which was rejected - however in 2002 another three-year temporary zoning was approved, which expired in January 2005. Therefore the property has enjoyed the use of a public for the past three years (2005-2008) without the benefit of a further extension.

 

If the most recent request for a 'tp' exception (from 2008-2011) is approved, this parking will have had 18 years of 'temporary' use, through four successive applications.

 

While I recognize that this parking lot has existed for some time, with several extensions to its 'temporary parking' use, it was my understanding that the City of Ottawa was developing a city-wide policy for reviewing these temporary parking lot applications and extensions - with a view to capping them, or setting an upper limit on the number of three-year extensions granted.

 

In this instance, I do not have any particular concerns regarding the requested extension, but I would like to see requests for temporary parking lot time extensions subject to a 'parking lot greening' programme, where the City mandates perimeter landscaped buffers, interior plantings, and surface permeability as a condition of the temporary use.”


 

Response to Comments:

 

This parking lot has been landscaped with planters containing shrubs along the Catherine and O’Connor Street frontages, in keeping with the policies of the Centretown Secondary Plan.  Submission of an updated site plan has been recommended as a condition of approval of this application in order to provide for an improvement of the existing landscaping in the parking lot.

 

COMMUNITY ASSOCIATION COMMENTS

 

No comments were received.


ZONING - 127 CATHERINE STREET

ZONAGE - 127, RUE CATHERINE

ACS2008-PTE-PLA-0089                                                                    Somerset (14)

 

(This application is subject to Bill 51)

 

In response to questions from Councillor Doucet, Grant Lindsay, Manager of Development Approvals Central/West, confirmed the site has operated as a temporary parking lot for 18 years and the applicant has applied to continue the temporary use every three years.  He undertook to determine if a Temporary Parking Policy was developed as directed by the former City of Ottawa in 1999.  With regard to the planters, Mr. Lindsay indicated financial securities could be required as a condition of site plan and porous pavement could be looked at through that process.

 

Tim Marc, Senior Legal Counsel, advised that the temporary zoning does not confer legal non-conforming rights to the property and allows the City to end the temporary use when the permission expires after three years.

 

John Moser, Director of Planning, confirmed the zoning by-law would not come forward until such time as an updated site plan is submitted and approved, noting the Ward Councilllor’s concurrence is required.

 

Nadia De Santi, FoTenn Consultants Inc., was present in support of the application, confirming her client is willing to pursue discussion on the planters, but has not committed to surface permeability.

 

1.      That the Planning and Environment Committee recommend Council approve an amendment to the former City of Ottawa Zoning By-law 93 -98 to change the zoning of 127 Catherine Street from CG8 [650] F(3.0) H(18.3) to CG8 [***] F(3.0) H(18.3), to provide for a parking lot as a temporary permitted use for three years, as detailed in Document 2.

 

2.      That the By-law to implement Recommendation 1 not be enacted until such time as an updated site plan to provide for improving the landscaping treatment is submitted and approved with an agreement entered into or a letter of undertaking provided.

 

3.      That approval of the temporary zoning set out in Recommendation 1 be null and void if the requirements of Recommendation 2 have not been satisfied within six months of approval.

 

                                                                                                CARRIED