3. ZONING – 312 LISGAR STREET

ZONAGE – 312, RUE LISGAR

Committee recommendation

That Council approve an amendment to Zoning By‑law 2008-250 to change the zoning of 312 Lisgar Street from Minor Institutional Subzone A (I1A) to Minor Institutional Subzone A Exception [xxxx] (I1A[xxxx]), as shown in Document 1 and detailed in Document 2.

Recommandation DU Comité

Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer le zonage du 312, rue Lisgar de Zone de petites institutions, sous-zone A (I1A) à Zone de petites institutions, sous-zone A assortie d’une exception [xxxx] (I1A[xxxx]), comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.

Documentation

1. Deputy City Manager's report, Planning and Infrastructure, dated 30 January 2012 (ACS2012-ICS-PGM-0057).

2. Extract of Draft Minutes, Planning Committee meeting of 28 February 2012.

Report to/Rapport au :

Planning Committee

Comité de l'urbanisme

and Council / et au Conseil

30 January 2012 / le 30 janvier 2012

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: John Smit, Manager/Gestionnaire, Development Review - Urban Services/Examen des projets d'aménagement-Services urbains

Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 13866 John.Smit@ottawa.ca

Somerset Ward (Ward 14)

Ref N°: ACS2012-ICS-PGM-0057

SUBJECT:	ZONING – 312 Lisgar STreet

OBJET :	ZONAGE – 312, rue lisgar

REPORT RECOMMENDATION

That the Planning Committee recommend Council approve an amendment to Zoning By‑law 2008-250 to change the zoning of 312 Lisgar Street from Minor Institutional Subzone A (I1A) to Minor Institutional Subzone A Exception [xxxx] (I1A[xxxx]), as shown in Document 1 and detailed in Document 2.

RECOMMANDATION DU RAPPORT

Que le Comité de l’urbanisme recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer le zonage du 312, rue Lisgar de Zone de petites institutions, sous-zone A (I1A) à Zone de petites institutions, sous-zone A assortie d’une exception [xxxx] (I1A[xxxx]), comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.

BACKGROUND

The site is located on the south side of Lisgar Street between Bank Street to the west and O’Connor Street to the east (Document 1), and has a total area of 344 m² with 10.06 metres of frontage along Lisgar Street and a lot depth of 34.25 metres. The lot width and area of the site do not meet the provisions of the Zoning By-law for the Minor Institutional Zone.

The site is currently occupied by a two-and-a-half-storey building, which was originally built as a detached dwelling approximately 100 years ago, but is now used as a place of worship. The property directly east of the site at 300 Lisgar Street is currently under construction for the development of a 16-storey apartment building, and, across the street on the same block, 287 Lisgar Street was approved in 2010 for an 18-storey apartment building, which has not yet begun construction. To the south and west of the site, and located within the Centretown Heritage Conservation District, are converted dwellings and a range of mixed use buildings fronting onto Bank Street. Uses to the north of the site include a surface parking lot, a low-rise apartment building, and a two-storey mixed use building with ground floor retail.

Proposed Development

The proposed development on the site involves the demolition of the existing place of worship and development of a new place of worship and community health and resource centre. The new building is to be four-storeys with the basement, first and second storeys used for the place of worship, and the third and fourth storeys used for the community health and resource centre. Additionally, a green roof is proposed as a component of this development.

Purpose of Zoning Amendment

The purpose of the proposed Zoning By-law Amendment is to facilitate the development of the new place of worship and community health and resource centre within the size constraints of the existing site.

Existing Zoning

The existing zoning of the property is Minor Institutional, Subzone A, which permits place of worship and community health and resource centre uses, as well as a range of other community uses, institutional accommodation and service uses that are of a scale and intensity that is compatible with the surrounding residential neighbourhood character.

Details of Proposed Zoning

Place of worship and community health and resource centre are permitted uses under the current zoning for the site. However, the existing lot width and area, as well as the proposed development, do not meet a number of the I1A zone requirements. An amendment to the Zoning By-law therefore has been requested to introduce the following site-specific performance standards for the current I1A zone:

no parking required for a place of worship or community health and resource centre
minimum lot width of 10.06 metres
minimum lot size of 344 square metres
zero rear yard setback for the first storey
minimum front yard setback of 1.7 metres
zero interior side yard setback
permit 38% of the gross floor area to be used for a community health and resource centre

DISCUSSION

Planning Act and Provincial Policy Statement

Within Section 2 of the Ontario Planning Act, the provision of orderly and safe communities and the appropriate location of growth and development, among others, are identified as matters of provincial interest. Furthermore, the Planning Act requires that all planning decisions made by a municipality are consistent with the Provincial Policy Statement (PPS). As the guiding policy document for land use within the province, policies for the development of liveable communities and efficient use of land and resources are identified within the PPS.

The Department is of the opinion that the proposed Zoning By-law amendment is consistent with the matters of provincial interest as outlined in the Planning Act and the 2005 Provincial Policy Statement, which promotes efficient land use and development patterns to support strong, liveable and healthy communities. The proposal is an appropriate use of land that makes use of existing infrastructure and serves to support a liveable community.

Official Plan

The site is designated as General Urban Area within the Official Plan. This land use designation permits the development of a range and choice of housing types in combination with conveniently located service, cultural and institutional uses to facilitate the development of complete and sustainable communities.

The proposed Zoning By-law amendment responds to the policies for the General Urban Area by allowing for the redevelopment of an existing cultural and institutional use within a high-density residential neighbourhood. The site is located within walking distance of transit routes and transit stations, as well as downtown residential neighbourhoods.

The General Urban Area designation requires that development have regard for the compatibility criteria found in Section 2.5.1 of the Official Plan and that development applications be reviewed and evaluated in the context of Section 4.11. Policies within these sections include those regarding the applicability of existing design guidelines, secondary plans and community design plans for the site, as well as design objectives. Further policies address traffic, vehicular access, parking, amenity area, lighting, noise and neighbourhood services.

The proposed development is in keeping with these policies by providing a built form and use that is compatible with the surrounding neighbourhood. Landscaping within the front yard is to be provided and the design of the building is to be complementary to the approved development on adjacent 300 Lisgar Street.

Centretown Secondary Plan

The site is located within a Medium Profile Residential Area as designated by the Centretown Secondary Plan. This area permits a variety of dwelling types and buildings or uses that area accessory to or compatible with these residential uses.

The redevelopment of the site with the new place of worship and community health and resource centre meets the policies of the Plan by providing a use that is compatible to the surrounding residential uses and a compatible built form. The proposed four-storey building will maintain a consistent front yard setback and ground floor height with development to the east, and will provide a transition from high-profile development to the east to the low-profile traditional mainstreet along Bank Street to the west.

Traffic Issues

The requested amendment includes eliminating the requirement to provide parking for place of worship and community health and resource centre uses. To support this request, a parking brief was submitted with the application. This brief identified that eight new vehicle trips would be generated by the increased size of the place of worship during Friday worship services, which is the facility’s busiest period. The brief concluded that these eight vehicles could be accommodated via on-street parking or surrounding public surface parking lots. Staff are satisfied that, in consideration of the proposed uses and that the site does not currently provide 26 of the required 28 parking spaces, the difference between the current and proposed parking requirements can be accommodated via on-street parking or other nearby parking facilities and will not negatively impact the surrounding neighbourhood.

Conclusion

Staff are satisfied that the proposed change of 312 Lisgar Street is consistent with the policies of the Planning Act, Provincial Policy Statement and the Official Plan. Therefore, the requested Zoning By-law amendment is recommended for approval.

Concurrent Application

A Site Plan Control application (file number D07-12-11-0102) is being reviewed concurrently for the development as described herein.

RURAL IMPLICATIONS

There are no implications.

CONSULTATION

Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. Three responses were received in support of the proposed Zoning By-law amendment as the new development will serve to enhance the neighbourhood, and two responses were received in opposition due to parking and safety concerns.

Further details are available in Document 3.

COMMENTS BY THE WARD COUNCILLOR(S)

Councillor Holmes has indicated the following:

“I support the reconstruction of the Islam Care Centre facility in this location As well as a place of worship, this establishment has been providing on-going social services, counselling, outreach and public education to the wider community. They have outgrown their current building, and with the major construction planned for the new building to the east, it is timely that they can co-ordinate the new Centre.”

LEGAL IMPLICATIONS

There are no legal implications associated with this report.

RISK MANAGEMENT IMPLICATIONS

There are no direct risk management implications associated with this report.

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

ACCESSIBILITY IMPACT

There are no direct accessibility implications associated with this report.

ENVIRONMENTAL IMPLICATIONS

There are no environmental implications associated with this report.

TECHNOLOGY IMPLICATIONS

There are no direct technical implications associated with this report.

CITY STRATEGIC PLAN

The proposed Zoning By-law amendment is consistent with the City Strategic Plan in that it serves to improve the quality of life for residents and makes uses of existing infrastructure.

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 resolving issues identified during the circulation period.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Details of Recommended Zoning

Document 3 Consultation Details

Document 4 Concept Plan

Document 5 Proposed Site Plan

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

Amend Section 239 – Urban Exceptions to add a new exception with provisions similar in effect to the following:

· no parking required for a place of worship or community health and resource centre;

· minimum lot width of 10.06 metres;

· minimum lot size of 344 square metres;

· zero rear yard setback for the first storey;

· minimum front yard setback of 1.7 metres;

· zero interior side yard setback; and

· permit 38% of the gross floor area to be used for a community health and resource centre.

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

1. A small, four-storey structure, such as the one being proposed for 312 Lisgar Street should be able to proceed without parking on the site without too much difficulty. A worship/community health and resource centre would enhance the community life of the neighbourhood. However, two condominium towers are to be built on Lisgar Street between Bank Street and O'Connor Street and will have about four hundred units between them. Further down Lisgar Street at Metcalfe Street there are two twenty‑six‑storey condominium towers currently under construction. Surface parking lots are fast disappearing, and with such a large number of new residents in the neighbourhood, competition for street parking spots will only increase, and this will be difficult for worshipers and visitors at 312 Lisgar Street and small businesses on Bank Street. Where will the members of the community at 312 Lisgar Street park?

2. A major issue is the parking relaxation. For a place of worship like this they should have on-site parking. Also, this development should have sufficient setbacks and what they are proposing should not be approved for the purpose of safety and noise concerns.

3. We have serious concerns with the zoning by-law amendment proposal given that there will be diminished number of parking spaces, especially since the parking lot adjacent to 312 Lisgar Street will be redeveloped as part of an apartment building and the development at 312 Lisgar Street will double in size, with no parking spaces proposed.

4. While I am broadly in favour of the application, I am slightly concerned about the impact on parking and the essential halving of the front setback. The rationale for the reduction of the side and rear setbacks seems to me to be sufficient, however, the rationale for the reduction of the front setback appears to be "The SOHO Development did it...". As I consider the reduction of setback in that development to be in error, I am not swayed by this argument. I consider that this space should be maintained and used for 'soft' features that will retain a more pedestrian-friendly aspect to the street. Other than that, I think that this is an excellent proposal, in keeping with the increased diversity of our City.

5. Additions or changes to the Centretown Heritage Conservation District ‘look and feel’ should not be permitted. I support this request with the caveat expressed herein.

Response to Parking Concerns:

Under the parking provisions of the Zoning By-law the existing place of worship is required to have 28 parking spaces. The site currently enjoys the right to front yard parking, which provides two parking spaces, and a non-conforming right to not provide the remaining required 26 parking spaces.

In consideration of the current parking requirements and availability for the site, the availability of on-street parking and other nearby parking facilities, and the Parking Brief’s conclusion that only eight new vehicle trips will be generated by the new development, staff are satisfied that not providing the required 35 parking spaces for the development will not present parking issues. Parking provisions and requirements for other new developments within the neighbourhood have been reviewed accordingly.

Response to General Setback Concerns:

The site is currently undersized in both lot width and lot area. Implementation of the current zoning provisions for interior side yard setbacks would render the lot undevelopable. In consideration of the small size of the lot within the surrounding context, staff are satisfied that the requested amendment to the required setbacks will not negatively impact the adjacent properties or neighbourhood. Safety concerns (i.e., fire safety requirements) will be reviewed and addressed by the City during the building permit stage.

Response to Front Yard Setback Concerns:

The City has reviewed the proposed amendment of the required three metre front yard setback to be reduced to 1.7 metres. In consideration of the undersized area of the site and the 10 metre lot width, staff are satisfied that this reduced front yard setback will not have any negative impacts on the streetfront. The new development on the site will include a first floor elevation that is equal to the adjacent high-rise development at 300 Lisgar Street. Together with the reduced front yard setback and proposed landscaping, this will maintain a consistent streetfront as Lisgar Street transitions west to the Bank Street mainstreet.

Response to Heritage District Concerns:

The site is not located within a heritage conservation district and is not a designated site. The proposed development will be compatible with the new residential development to the east of the site and will provide a transition to the traditional mainstreet along Bank Street to the west.

CONCEPT PLAN DOCUMENT 4

PROPOSED SITE PLAN DOCUMENT 5