Report to / Rapport au:

Planning and Development Committee /

Comité de l’urbanisme et de l’aménagement

and Council / et au Conseil

23 July 2002 / le 23 juillet 2002

Submitted by / Soumis par: Ned Lathrop, General Manager / Directeur général

Development Services Department / Services d’aménagement

Contact / Personne-ressource: Grant Lindsay, Manager Development Approvals / Gestionnaire, Approbation des demandes d’aménagement

580-2424, Ext. 13242, grant.lindsay@ottawa.ca

Ref N°: ACS2002-DEV-APR-0104

SUBJECT: OFFICIAL PLAN AMENDMENT / ZONING AMENDMENT – 296 BANK STREET AND 380 SOMERSET STREET WEST

OBJET: MODIFICATION AU PLAN DIRECTEUR / MODIFICATION AU ZONAGE – 296, RUE BANK ET 380, RUE SOMERSET OUEST

REPORT RECOMMENDATIONS

That the Planning and Development Committee recommend Council:

1. Approve and adopt an amendment, as set out in Document 1 to the former City of Ottawa Official Plan, to change the land use designation for the property at 246 Bank Street and 380 Somerset Street West.

2. Approve an amendment to the former City of Ottawa Zoning By-law, 1998 to permit commercial and residential development at 296 Bank Street and 380 Somerset Street, be APPROVED, as detailed in Document 2.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’urbanisme et de l’aménagement recommande au Conseil municipal:

1. d’approuver et d’adopter une modification, comme il est indiqué dans le document 1, au Plan directeur de l’ancienne Ville d’Ottawa, visant à changer la désignation d’utilisation du sol à l’égard de la propriété sise au 246, rue Bank et au 380, rue Somerset Ouest;

2. d’approuver qu’une modification au Règlement municipal sur le zonage de 1998 de l’ancienne Ville d’Ottawa en vue de permettre un aménagement commercial et résidentiel au 296, rue Bank et au 380, rue Somerset, soit APPROUVÉE, comme il est précisé dans le document 2.

BACKGROUND

Site Location:

The site is an almost square parcel of land bounded by Bank, Somerset and MacLaren Streets and known municipally as 296 Bank Street and 380 Somerset Street West. The site is 67.03 metres by 69.75 metres in size and is 4 675 square metres in area.

Description of Site/Area and Surroundings:

The site presently contains the Hartman’s Your Independent Grocer (1 848 square metres gross floor area) with apartments above fronting Bank Street and extending between Somerset Street West and MacLaren Street. The site also includes an open-air parking lot and loading area associated with the grocery store fronting MacLaren Street, the 22-unit McCord apartment building and the former Somerset Theatre fronting Somerset Street West. A municipal lane is located at the rear of the grocery store and runs parallel to Bank Street separating the grocery store from the other uses on the site.

The abutting use to the west is the Ottawa Housing Corporation apartment building at 415 MacLaren Street and an associated parking garage fronting Somerset Street West.

Purpose of Official Plan and Zoning Amendment Proposals:

The purpose is to permit a one-storey grocery store expansion of 2 049 square metres with one level of underground parking for 62 spaces, and a new 60-unit, six-storey apartment building to be constructed by City Living and containing 16 two-bedroom, 32 one-bedroom and 12 bachelor units.

Companion Proposals/Applications:

An application to close the municipal lane has been submitted and is being processed for approval. Approval of this application is delegated to staff. A Site Plan Control application is anticipated to be submitted shortly. In addition, an application for new construction in a Heritage Conservation District has been received and is being processed concurrently with these applications.

DISCUSSION

Recommendation 1

CURRENT OFFICIAL PLAN DESIGNATIONS

Official Plan - The current Official Plan designation is a District Linear Commercial Area designation for the lands fronting Bank Street, Medium Profile Residential and Transitional Parking Area for the lands fronting MacLaren Street and High Profile Residential and Transitional Parking Area for the lands fronting Somerset Street West, as per Schedule H, Centretown Land Use Plan.

The District Linear Commercial Area designation, as defined in the Centretown Plan, shall include retail shops and other commercial operations that will appeal to both the local and regional markets. It is intended that pedestrian-oriented commercial activity will present a continuous façade along street frontages. Office-type commercial operations and residential uses shall be permitted above the ground level. District Commercial Areas are linear in form and restricted to both sides of Bank and Elgin Street. These designations recognize existing land uses and the importance of the major transportation routes. Maximum building heights may be limited.

The Medium Profile Residential Area designation includes a variety of dwelling types suitable for occupancy by one person, small and medium size family and non-family households. Buildings or uses accessory to or compatible with these residential types will be considered. Maximum building heights will be limited. Adjacent to the Bank Street major commercial area transitional parking is permitted and encouraged. For example, incentives may be given to develop more floor space than would normally be permitted where public parking is provided in excess of the normal requirements under the Zoning By-law.

The High Profile Residential Area designation permits a variety of dwelling types and shall provide accommodation suitable from one person and small family and non-family households. Buildings and uses accessory to or compatible with these residential types will be considered. Maximum building heights will be limited. Transitional Parking, as described above, is also permitted and encouraged adjacent to the Bank Street commercial corridor.

PROPOSED DESIGNATIONS

The applicant is requesting to extend the existing District Linear Commercial Area designation across the entire landholding in order to accommodate the new grocery store expansion and a residential building.

The Department is recommending approval of the amendment to the Centretown Secondary Policy Plan as the proposed expansion of the grocery store and the development of an apartment building would meet the goals and objectives of the Centretown Plan that speak to; maintaining and enhancing the residential character of Centretown while allowing for a moderate increase in population; improving and revitalizing the major commercial areas such as Bank Street; and providing neighbourhood commercial facilities and services for Centretown residents. Although the proposal will require the demolition of the existing 22‑unit McCord Apartment, a 60-unit

apartment building will replace the McCord Apartment thereby providing additional units to Centretown. These units will be built by City Living whose mandate is to provide affordable housing. The proposed expansion of the existing grocery store will meet the objectives of revitalizing Bank Street. This grocery store operation is unique to Centretown and provides a well utilized and needed facility that has served residents of Centretown for a long time. The proposed expansion will ensure the continued existence of this service in the neighbourhood and in combination with the City Living apartment building should regenerate the commercial activity along Bank Street, at the same time providing much needed affordable housing within a mixed-use development that is compatible in scale with this part of Centretown.

Recommendation 2

CURRENT ZONING

The site is multi-zoned containing two neighbourhood linear commercial subzones, with exceptions along Bank Street, CN6[518] F(3.0) H(18.3) & CN6[519] F(4.0) H(18.3); a low-rise apartment subzone with exceptions along MacLaren Street, R5D–p[82] H(13.5); and a high-rise apartment subzone with exceptions, R6A-p[172] H(36.6), along Somerset Street West. The CN, Neighbourhood Linear Commercial Zone, encourages a mix of commercial uses and fosters and promotes a pedestrian-oriented retail environment. The CN6 subzone permits a hotel in addition to the uses permitted in the general CN zone, and permits the full floor space index to be used for commercial uses. The CN zone contains a 18.0 metre building height limit. The “F” suffix attached to the CN zone represents the floor space index that permits the gross floor area of development on the site to equal up to three and four times the lot area. The “H” suffix represents the building height in metres. The [ ] represents an exception number and, in the case of the current CN zones, permit the existing grocery store parking to occur at its present location. The R5 and R6 zones are low-rise to high-rise apartment zones, respectively, with exceptions. The [172] exception permits limited commercial uses on the ground floor or basement of residential buildings, while the [82] permits a dwelling unit and restricts a rooming house to 50 percent of the gross floor area of a building. The “p” suffix permits transitional parking. The applicant is requesting one zone designation across the entire site

PROPOSED ZONING

The proposed zoning would be a Neighbourhood Linear Commercial (CN) zone, with exceptions, containing a (3.0) floor space index. The exceptions to the new zoning would permit relief from the CN yard provisions to permit 0.0 metre setbacks on all sides, require a minimum of 74 residential dwelling units on the upper floors, permit a height increase along Somerset Street West, permit relief from the heritage overlay that requires where buildings are removed that the replacement building be of the same height, bulk, floor area etc., and would allow the entire site to be considered as one lot for Zoning By-law interpretation purposes.

The Department is recommending approval of the zoning amendment for the following reasons:

· Compatibility with Surrounding Area - The proposed mixed used development will be compatible in scale and character with the surrounding area. The expansion of the grocery store operation along Somerset will provide food retail use at grade which will be located opposite other at-grade commercial operations within a CG - General Commercial zone

· containing an existing apartment building. The siting of a six-storey residential building with ground floor food retail use, therefore, will mirror the commercial activity on the north side of Somerset Street. The proposed apartment building will have a lower height limit than many existing and new buildings under construction in this area. City Living has indicated that they do not intend to increase the profile of their building as they envision their 60-unit building as viable and a manageable operation.

· Parking and Traffic - Presently the MacLaren Street side of this property provides 39 parking spaces for the grocery store. The proposed amendment will increase this amount to 62 spaces. This parking will be underground as opposed to the present surface arrangement. It is not anticipated that the additional vehicular traffic generated by potentially 23 additional parking spaces on site would impact the existing traffic volumes on MacLaren Street. The applicant has also advised that the number of truck deliveries to the store will not increase after the expansion for, instead the trucks, which presently arrive half full of products, now will arrive full. Consequently, the current truck volume along MacLaren Street is anticipated to remain the same after the redevelopment of this property.

· Requirement for Upper Floor Residential - The proposed zoning will require a minimum of 74 (14 existing and 60 proposed units) dwelling units above the ground floor in this zone. At the present time, residential dwelling units are not mandatory but, if provided, must be located above the ground floor. The requirement in the new zoning for upper floor residential will ensure that the City achieves a mixed use development at this location that will provide a net increase in dwelling units in this part of Centretown. In this project, the new units will be affordable units.

· Gross Floor Area – Presently the Bank Street side of the property contains floor space indices of (3.0) and (4.0). The gross floor area after completion of the expansion of the grocery and the construction of the apartment building will be approximately (2.0). The Department can support a floor space index of (3.0) in order to allow further opportunity for redevelopment of the site that would continue to meet the intent of the existing zoning allowing floor space indices exceeding (3.0), as well as meet the objectives of the Centretown Plan for commercial development along Bank Street. In the future it is possible that the MacLaren Street side of the site could accommodate additional housing units that conform to the recommended zoning, provided the moratorium on the provision of no parking for residential units is still in place.

· Yard Setbacks – The existing buildings currently have 0 yard setbacks on all sides of the property. The amendment would permit no yards for the new development, including the grocery store expansion and garage entrance along MacLaren Street where presently surface parking exists.

· Height - The proposed zoning has imposed a 23.0 metre height restriction on the northern half of the site abutting Somerset Street West. Again, this height limitation will ensure that the commercial and residential components of this development will proceed as planned. This height will permit a six-storey residential building. For the southern half of the property abutting MacLaren Street, the standard 18.0 metre height limit set out in the CN zone would apply and would permit the additional gross floor area proposed under the zoning to be achieved.

· Exemption from the Heritage Overlay – The subject site is within the Centretown Heritage Conservation District and contains a heritage overlay. The applicant is requesting relief from the heritage overlay provisions of the Zoning By-law that require where buildings are removed or demolished the replacement buildings must be built to the same height, bulk, floor area etc. The Department supports the request and will be processing an Application to Demolish and Construct in a Heritage Conservation District. A separate report on this matter will be brought forward to Planning and Development Committee and City Council recommending approval of the demolition of the McCord Apartments and the Somerset Theatre and approval of the new replacement structure.

· One Lot Development - The zoning details contain an exception whereby the entire site will continue to be considered as one lot for zoning purposes. It is the intention of City Living to sever their apartment building from the Hartman property and hold these lands under their ownership. This condition will ensure that any yard adjustments/ amendments that may be required resulting from the approval of a severance application to the Committee of Adjustment for these lands would not be necessary.

ENVIRONMENTAL IMPLICATIONS

An Municipal Environmental Evaluation Process (MEEP) checklist was completed for this project which showed no adverse environmental impacts identified.

CONSULTATION

This application was subject to Public Consultation and Notification. Three written comments were received in favour of the proposal and one written comment in opposition. In addition, several telephone calls were received from individuals who were concerned about the demolition of the Somerset Theatre.

The Ward Councillor is aware of the applications. Details on the consultation undertaken can be found in Document 6.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

The application was processed within the timeframe established for the processing of Zoning and Official Plan Amendment applications.

ATTACHMENTS

Document 1. Proposed Amendment to the City of Ottawa Official Plan

Document 2. Details of Recommended Zoning

Document 3. Explanatory Note

Document 4. Location Map

Document 5. Municipal Environmental Evaluation Report (on file with the City Clerk)

Document 6. Consultation Details

DISPOSITION

Department of Corporate Services, Secretariat Services Branch to notify the owner (Hartman Foodliner Limited and 927836 Ontario Limited, 296 Bank Street, Ottawa, Ontario K2P 1X8) the agent (Barry Padolsky Associates Inc. Architects, 377 Dalhousie Street, Ottawa, Ontario, K1N 9N8); the Corporate Services Branch, Revenue Section, Assessment Control Supervisor; of City Council=s decision.

Office of the City Solicitor to forward the implementing by-laws to City Council.

Department of Urban Planning and Public Works to:

i) prepare the implementing Zoning By-law; and

ii) circulate the notice of the Official Plan adoption to those persons and public bodies who requested notification.

Document 1

Official Plan Amendment · Modification du Plan directeur

Land use

Utilisation du sol

Index

Page

The Statement of Components........................................................................................... 1

PART A - THE PREAMBLE

Purpose................................................................................................................................ 2

Location....................................................................................................................…....... 2

Basis...............................................................................................................................…. 2

PART B - THE AMENDMENT

Introductory Statement....................................................................................................... 4

Details of the Amendment.................................................................................................. 4

Implementation and Interpretation..................................................................................... 4

Schedules

Schedule "A" Location Map of Subject Lands

PART C - THE APPENDIX

THE STATEMENT OF COMPONENTS

Part A - THE PREAMBLE, introduces the actual Amendment but does not constitute part of Amendment No. XXX to the City of Ottawa Official Plan.

Part B - THE AMENDMENT, consisting of the following text and maps, constitutes Amendment No. XXX to the City of Ottawa Official Plan.

Part C - The Appendix, does not form part of the Amendment but is provided to clarify the intent and to supply background information related to the amendment.

PART A - THE PREAMBLE

1.0 Purpose

The purpose of this Amendment is to change the Land Use designation of the affected property at 296 Bank Street and 380 Somerset Street West to facilitate the construction of a one-storey grocery store expansion of 2 049 square metres with one level of underground parking for 62 spaces, and a new 60-unit, six-storey apartment building to be constructed by City Living containing 16 two-bedroom, 32 one-bedroom and 12 bachelor units.

2.0 Location

The lands affected by the subject Amendment is an almost square parcel of land bounded by Bank, Somerset West and MacLaren Streets and known municipally as 296 Bank Street and 380 Somerset Street West. The site is 67.03 metres by 69.75 metres in size and is 4 675 square metres in area.

3.0 Basis

3.1 Background

The subject property presently contains three land use designations, as shown on Schedule "H" – Centretown Land Use Plan of the Centretown Secondary Policy Plan of the former City of Ottawa Official Plan. The lands fronting Bank Street are designated District Commercial Areas, while the balance of the site has a Medium Profile Residential and Transitional Parking Area designation for the lands fronting MacLaren Street and High Profile Residential and Transitional Parking Area designation for the lands fronting Somerset Street West. The Residential Area designations are described within the Centretown Plan as permitting a variety of dwelling types suitable for occupancy by one person, small and medium size family and non-family households. Buildings or uses accessory to or compatible with these residential types will be considered. Maximum building heights will be limited. In the Plan, Medium profile means a five to nine-storey building, while high profile means any building ten storeys or more.

In order to accommodate the proposed mixed use development, consisting of an expansion to the Hartman’s Your Independent Grocer and a City Living apartment building, the District Commercial designation will be extended across the entire property. A rezoning application has also been submitted to facilitate the approval of the development. Exceptions to the zoning will be imposed to reflect the intended proposal.

The proposed amendment constitutes a map change only to Schedule H – Centretown Land Use Plan.

3.2 Context of Amendment

The former City of Ottawa Official Plan - Volume 1 (Primary Plan), in its Mission Statement, recognizes that change in a municipality is an on-going phenomenon. This change must be evaluated to determine if and how much development is appropriate.

The subject property falls within the Centretown Secondary Policy Plan of the former City of Ottawa Official Plan – Volume 11. The development includes a doubling of size the existing grocery store and a new 60-unit apartment building. The current two Residential Area designations abutting the Bank Street District Commercial designation at this location were intended to support medium and high profile residential and transitional parking for commercial uses along Bank Street. The requested change in Official Plan designation to extend the District Commercial Area designation over the entire site would continue to meet the overall objectives of the Secondary Policy Plan for Centretown. It would satisfy those objectives of that Plan to improve and revitalize the major commercial areas in Centretown such as Bank Street, as well as to provide neighbourhood commercial facilities and services for Centretown residents. The Hartman’s Your Independent Grocer has provided a needed service for Centretown residents for many years. The expansion of this food retail use will continue to provide that service in the future in Centretown and, in combination with a joint venture project with City Living, will introduce new affordable housing in Centretown. Although the McCord Apartment building presently provides affordable housing the demolition of this building and the construction of 60 new units will result in a net increase in affordable housing units in this part of Centretown and generally would maintain the intent of the current high profile designation along the Somerset Street West frontage. In addition, the objective of the Transitional Parking Area designation will be maintained where surface parking will be replaced by an underground parking garage serving the Bank Street food retail use.

3.4 Rezoning

An amendment to the City=s Comprehensive Zoning By-law is being reviewed concurrently with this Amendment. The recommended zoning complements the proposed Official Plan designation.

PART B - THE AMENDMENT

1.0 THE INTRODUCTORY STATEMENT

All of this document, entitled Part B - The Amendment, consisting of the following text and maps constitutes the Amendment to the City of Ottawa Official Plan.

2.0 DETAILS OF THE AMENDMENT

The City of Ottawa Official Plan is hereby amended as follows:

Schedule "H” - Land Use is amended to redesignate that part of the site located west of the Bank Street District Commercial Area designation between Somerset Street West and MacLaren Street from Residential – Parking Medium and Residential – Parking High to a Commercial Area – District.

3.0 IMPLEMENTATION AND INTERPRETATION

Implementation and Interpretation of this Amendment shall be made having regard to applicable policies set out in Volume I - Primary Plan of the City of Ottawa Official Plan.

PART C - THE APPENDIX

Document 2

DETAILS OF RECOMMENDED ZONING

The proposed zoning is CN6 F(3.0) with exceptions. The exceptions indicate:

i) that the maximum height of the northern half of the property fronting Somerset Street West is 23.0 metres;

ii) that the minimum number of residential dwelling units above the ground floor is 74;

iii) that the yards on all sides of the property is 0.0 metres;

iv) relief from the heritage overlay that requires where buildings are removed the replacement building must be built to the same height, bulk, floor area etc; and.

v) that the entire site continue to be considered as one lot for Zoning By-law interpretation purposes.

Document 3

THE FOLLOWING IS AN EXPLANATORY NOTE TO BY-LAW NUMBER .......

By-law Number ........... amends Zoning By-law, 1998, the former City of Ottawa’s Comprehensive Zoning By-law. The purpose of the amendment is to establish a single commercial zone designation for the property at 296 Bank Street and 380 Somerset Street West to accommodate a mixed use development comprising a grocery store expansion, new below-grade parking garage and a 60 unit apartment building.

Current Zoning

Proposed Zoning

The proposed zoning would be a Neighbourhood Linear Commercial (CN) zone, with exceptions, containing a (3.0) floor space index. The exceptions to the new zoning would permit relief from the CN yard provisions to permit 0.0 metre setbacks on all sides, require a minimum number of residential dwelling units on the upper floors, permit an increase in the height limit to 23.0 metres for the northern part of the site fronting Somerset Street West, permit relief from the heritage overlay that requires where buildings are removed the replacement building must be built to the same height, bulk, floor area etc., and would allow the entire site to be considered as one lot for Zoning By-law interpretation purposes.

Should you have any questions regarding the amendments please contact Gordon Harrison at 580-2424 ext. 13868.

Location Map Document 4

Consultation Details Document 6

NOTIFICATION AND CONSULATION PROCESS

Notification and consultation procedures were carried out in accordance with the procedures approved by City Council for Zoning Amendments.

PUBLIC COMMENTS

Three written comments were received in favour and on in opposition of the proposal. Several telephone calls were received from individuals who were concerned about the demolition of the Somerset Theatre and believe that it could be saved and converted.

A public meeting occurred in the community on January 30, 2002, which was well attended. The architect gave an overview of the proposal. A number of questions were raised regarding the proposal, including the loss of the existing McCord Apartments and the Somerset Theatre. Residents of the McCord were present at the meeting and expressed concern that they would be asked to leave their premises and wanted some assurances that the owner would assist them in finding equivalent housing space. Other issues included the proximity of the loading to the abutting residential, loss of heritage buildings etc.

Centretown Citizens Community Association

Official Plan – The mixed-use development that is proposed for this site, on balance, meets the overall intent of the Secondary Official Plan for Centretown by providing additional residential units. It also meets the Official Plan’s objectives to improve and revitalize commercial areas such as Bank Street. This should not establish a precedent for further expansion of commercial uses into residentially designated areas, as set out by the Centretown Plan.

Zoning By-law Amendment – The Centretown Citizens’ Community Association recommends the following modifications to the zoning that is being requested for this site:

1) The maximum floor space index should be no greater than 2.0 x site coverage. This reflects that actual size of the proposed development, and is consistent with the maximum floor space index for medium-profile residential areas in Centretown.

2) The maximum height limit should be set at seven stories (the ground floor grocery store and the six-storey apartment above). This is consistent with the height limit already established in the medium-profile residential zones abutting the Bank Street commercial corridor.

3) The impact of the commercial uses (loading, garage storage, access to the grocery store parking) on the adjacent MacLaren Street residential buildings be minimized to the greatest extent possible. The conditions will be established through Site Plan Control Agreement.

4) Relief from the provisions of the Centretown Heritage District’s Heritage Overlay Zone be contingent upon a building design that respects and re-incorporates some elements of the two heritage buildings to be demolished (the McCord Apartment and the Somerset Theatre) to be approved by the City of Ottawa’s Senior Heritage Planner.

The letter objecting to the proposal indicated that it will increase the already high level of noise pollution on MacLaren; elevate motor-vehicle traffic to dysfunctional levels and increase car toxic emissions in a predominantly residential area; will worsen already omnipresent parking problem in the area by increasing traffic and parking demands; will block sunlight to residents on the south side of MacLaren Street; will alter the microclimate for pedestrian and cyclist due to increased wind levels; will be too large and out of proportions with the sound balance between small scale retail and residential uses.

Response:

Those comments pertaining to parking and traffic have been addressed in the Discussion portion of this report. With respect to blockage of sunlight, it is not anticipated that the present proposal will impact current sunlight conditions as the development is located to the north of the MacLaren Street units. In terms of the request by Hartman to increase the size of the existing grocery store, the City’s rationale for approval is discussed within this document.

COUNCILLOR’S COMMENTS

Councillor Elisabeth Arnold provided the following comments:

Official Plan Amendment – I am in support of this application which respects the intent of the Centretown Plan, but is required to permit a mixed use building at the location. I believe that this proposal is in keeping with the scale and character of this part of Centretown.

Zoning Amendment – I am in support of this application to amend the Zoning By-law to permit this mixed use development. The height limit and floor space index for the site should be set to reflect that actual proposal, and should be consistent with the medium-profile zones in Centretown. The relief from the Heritage Overlay Zone should require a demonstrated effort to reflect the heritage character of the two buildings to be demolished and the existing façade of the former Bank building.

Response:

The Department did not place a cap on the floor space to reflect the actual proposal as staff believes that further development opportunity can be accommodated along MacLaren Street under the present project scenario and would still meet the objectives of the Centretown Plan and the intent of the existing zoning allowing floor space indices exceeding (3.0), as well as meet the objectives of the Centretown Plan for commercial development along Bank Street. In the future it is possible that the MacLaren Street side of the site could accommodate additional housing units that conform to the recommended zoning, provided the moratorium on the provision of no parking for residential units is still in placeconform to the recommended zoning for this property.