207 BELL STREET NORTH

Transcription

1 207 BELL STREET NORTH November 17, 2017 Planning Rationale Zoning By-law Amendment

2 Prepared for: CLV Group 485 Bank Street, Suite 200 Ottawa, ON K2P 1Z2 clvgroup.com Prepared by: Fotenn Planning + Design 223 McLeod Street Ottawa, ON K2P 0Z8 fotenn.com November 17, 2017

3 CONTENTS 1.0 Introduction Supporting material Surrounding area and site context Subject Property Site Development History Roads and Transit Area Context Community Amenities Proposal Policy and Regulatory Framework Provincial Policy Statement (2014) City of Ottawa Official Plan (2003, As Amended) Urban Design and Compatibility (Section 2.5.1) Urban Design Compatibility (Section 4.11) Official Plan Amendment No Outdoor Patio Design Guidelines City of Ottawa Zoning By-law ( ) Requested Amendments to the Zoning By-law Conclusion... 22

4 1.0 INTRODUCTION 2 Fotenn Consultants Inc., acting as agents for CLV Group, is pleased to submit the enclosed Planning Rationale in support of a Zoning By-law Amendment (ZBLA) application for the lands municipally known as 207 Bell Street North in the City of Ottawa. The intent of this Planning Rationale is to assess the proposal against the applicable policy and regulatory framework, and determine if the development is appropriate for the site and compatible with adjacent development and the surrounding community. 1.1 Supporting material Included in this application is the following material in support of the Zoning By-law Amendment application: / Three (3) copies of this planning rationale in support of the application; / Fifteen (15) copies of the Patio Context Plan (L1-1), prepared by Fotenn Consultants Inc., dated November 14, 2017; / Fiftenn (15) copies of the Ground Floor Plan with the location of the proposed commercial land uses, prepared by KWC Architects Inc., dated November 14, 2017; / Three (3) copies of the Patio Plan and Elevation Drawings (L1-2), prepared by Fotenn Consultants Inc., dated November 14, 2017; / Two (2) copies of a Survey Plan, prepared by Annis, O Sullivan, Vollebekk Ltd., dated May 1, 2013; / Three (3) copies of a Noise Vibration Study, prepared by Gradient Wind Engineering Inc., dated August 4, 2017; and / One (1) CD containing electronic copies of the above files. 2.0 SURROUNDING AREA AND SITE CONTEXT 2.1 Subject Property The subject property known municipally as 207 Bell Street North is located in the Somerset Ward in Ottawa. Specifically, the property is located on the east side of Bell Street North and is in between Gladstone Avenue and Highway 417 (Figure 1). The property has an area of approximately 6596 square metres and a lot frontage of 230 metres. The legal description of the subject property is PLAN 33 LOTS 3 TO 14; RESERVE. Unique to this property is the fact that the east half of Bell Street, including the sidewalk, actually forms part of the subject lands The subject property is occupied by a twelve (12) storey, 441 unit apartment building. A surface parking lot is located to the rear of the property and contains 96 spaces.

5 3 Figure 1: Aerial view of the subject property and its surroundings 2.2 Site Development History The apartment building on the subject property has now existed for several decades. Over time, a variety of commercial businesses operated along the ground floor of the building, namely personal service business and restaurant uses. These uses were originally established legally under the regulations that existed at the time, however the present zoning of the subject lands does not permit non-residential uses, thus they were considered legal non-conforming uses. In 2013, InterRent acquired the subject property and performed extensive renovations to the existing building to transform it into a more upscale apartment building; work included refreshing the suites, new energy saving measures, upgraded common areas, and new resident amenities. As part of the renovations, many of the preexisting uses, legally non-conforming uses at grade were modified or removed. One of the modified uses was a restaurant that was redesigned and relocated near the main building entrance facing onto Bell Street. As part of this work a small patio was installed outside the restaurant along Bell Street. The construction of the patio was based on the expectation that it would be permitted to operate as part of the restaurant as an outdoor commercial patio.

6 4 Figure 2: Photo of the newly constructed outdoor commercial patio along the western edge of the subject building After the completion of the patio, the property owners discovered that an outdoor commercial patio was not permitted under the current wording of the City s Zoning By-law; Section 85 of the Zoning By-law stipulates that an outdoor commercial patio is permitted if it is operated as part of a restaurant, bar, place of assembly of nightclub where those uses are listed permitted uses. As the restaurant is a legal non-conforming use but not a listed permitted use, the patio may not legally be operated at this present time. 2.3 Roads and Transit The subject property is well serviced with respect to the existing road network. As per Schedule F: Central Area/Inner City Road Network in the City of Ottawa Official Plan (Figure 3), the subject property is located within close proximity to two arterial roads (Catherine Street and Bronson Avenue), three major collector roads (Rochester Street, Booth Street, and Gladstone Avenue), and Highway 417.

7 5 Figure 3: Excerpt from Schedule F: Central Area/Inner City Road Network of the City of Ottawa s Official Plan As per Schedule D: Rapid Transit Network in the City of Ottawa Official Plan (Figure 4), the site is within close proximity to a few regular bus routes. Route 14, which runs along Gladstone Avenue, and Routes 101 and 103, which run along Raymond Street, are easily accessible from the proposed development. Further, the site is located approximately 720 metres away from the future Gladstone LRT Station, and approximately one kilometre away from the Lebreton Transitway Station, the future Pimisi LRT Station, and the current Carling LRT Station.

8 6 Figure 4: Excerpt from Schedule D: Rapid Transit Network of the City of Ottawa s Official Plan With respect to cycling, the subject property is located in close proximity to several cycling routes, as per Schedule C: Primary Urban Cycling Network of the City of Ottawa s Official Plan (Figure 5). Both Gladstone Avenue and Booth Street offer on-road cycling routes, while Arthur Street, just to the east of the subject property, is also expected to provide an on-road cycling route as part of a future extension of the cycling network.

9 7 Figure 5: Excerpt from Schedule C: Primary Urban Cycling Network from the City of Ottawa s Official Plan 2.4 Area Context The subject property is within close proximity to a range of retail and office uses in addition to residential neighbourhoods. Surrounding land uses include the following: / NORTH Immediately to the north of the subject property is Gladstone Avenue, which consists of a range of uses including retail, auto body shops, restaurants, service uses, and offices. North of Gladstone Avenue is a predominantly residential community comprising of low-rise apartment dwellings, detached dwellings, semi-detached dwellings, and townhouse dwellings. McNabb Park and McNabb Community Centre, and Cambridge Street Public School are located to the northeast of the subject property. / SOUTH Immediately to the south of the subject property are two low-rise residential buildings. Land uses beyond Arlington Avenue to the south include the Ottawa Korean Community Church, which is zoned Minor Institutional (I1A), and a predominantly low-rise residential neighbourhood with some commercial uses such as restaurants, offices and an embassy. Further to the south is Highway 417, a controlled-access freeway owned by the Province of Ontario.

10 8 / EAST- To the east of the subject property lies a public lane that provides access to the rear parking area. Beyond this is a series of properties zoned Residential Fourth Density Zone and Traditional Mainstreet Zone. / WEST- On the west side of Bell Street North, across from the subject property, are a series of residential dwellings zoned Residential Fourth Density Zone (R4T), and the Gladstone Sports and Health Centre, which houses office space, personal service businesses, ballet and fitness studios, and recreational and athletic space for the Ottawa Table Tennis Club. Further west from the subject property, there are a predominantly residential neighbourhood zoned Residential Fourth Density Zone (R4) and institutional uses including two churches. 720 metres further west lies the future location of the Gladstone Light Rail Transit station. 2.5 Community Amenities The site s location in the Somerset Ward, near the Centretown neighbourhood, corresponds to its proximity to a wide range of amenities located near the site, including: Regular OC Transpo bus routes: 14, 101, 103 and the future Gladstone LRT station; Several places of worship, including St. Hyacinth Roman Catholic Polish Church, St. Anthony s Catholic Church, and Ottawa Korean Community Church; Several schools, including St. Nicholas Adult High School, Cambridge Street Public School, Gladstone Sports and Health Centre; A wide range of commercial uses, especially along Bronson Avenue; McNabb Park; and McNabb Community Centre. The area context and location of some nearby amenities is shown in Figure 6 below.

11 9 Figure 6: Area Context

12 3.0 PROPOSAL 10 CLV Group, which operates the subject property on behalf of InterRent, is seeking permission to operate a seasonal commercial patio with an area of 85 m 2 on the property; a plan for the patio is shown in Figure 7 below. The patio is expected to accommodate 24 to 27 seats and a serving station. The patio will not play music during its hours of operation, which are proposed to be limited between 7:00am and 11:00pm. A 1.2 metre high glass screen runs along the northern, western, and southern boundaries of the patio, which abuts the apartment building to the east, between the building and the sidewalk. An elevation drawing of the screen is shown in Figure 8 below. Figure 7: Excerpt from the Concept Plan for the outdoor commercial patio at 207 Bell Street North; the footprint of the patio has been outlined in red. Figure 8: West Elevation drawing of the outdoor commercial patio

13 11 The owner has engaged the services of a noise consultant and has submitted a noise assessment as part of the application for additional background information. Based on the recommendations of the assessment, the patio, as currently proposed, is not expected to have any negative impacts on surrounding neighbourhood uses. This conclusion is based on an analysis of the existing background noise that is experienced at this location based on the close proximity to Highway 417, which is located approximately 165 metres to the south. The study confirms that any noise generated by such a relatively small patio, with the aforementioned restrictions on music and hours of operation, would not exceed the background noise that currently exists. In consideration of the Zoning By-Amendment and the recommendations in the noise assessment, it is important to identify the distances from the proposed outdoor commercial patio to the closest residential buildings. These include: / The nearest residential building to the west, which lies approximately 15 metres from the patio area. / A radius of 75 metres from the patio area, within which are located several residential buildings to the west. Separation distances are shown in Figure 9. Figure 9: Separation distances between patio and adjacent uses. The displayed uses are to the best of Fotenn s knowledge. Given the existing and historic range of non-conforming uses, this application also seeks to amend the zoning to officially add the following uses on the ground floor of the subject property: restaurant; convenience store; recreational and athletic facility; and personal service business. The recreational and athletic facility and personal

14 12 service business uses would relate to the subject property s Wellness Centre, which presently offers personal training services with limited gym equipment, massage therapy, and esthetics services such as manicures, pedicures, and facials. An approximate ground floor plan of the building on the subject property displaying the proposed uses is shown in Figure 10. All of these uses are currently offered as services to the building s residents, and the property owner wishes to entertain the future possibility of opening these uses up to the public as they previously operated. The size and nature of the uses are intended to function as neighbourhood serving uses that will not require separate parking, and are not anticipated to generate noticeable amounts of self generated traffic but instead will promote the concept of a smart, self-reliant, mixed-use community. Figure 10 displays an approximate ground floor plan of the building on the subject property displaying the proposed uses; these uses are placed in context of the building and neighbourhood in Figure 11. Figure 10: Ground floor plan of the building on the subject property, showing the proposed uses with the uses proposed with this application labelled in red.

15 13 Figure 11: Ground floor uses in the context of the full building and surrounding properties. The uses of the surrounding properties are to the best of Fotenn s knowledge. Finally, in addition to the above permissions, the owners wish to also officially establish the existing on-site bike parking supply in the Zoning By-law. As noted in the following section, the existing development has legal noncomplying rights to 112 bike parking spaces on the property despite the By-law requirement of 226. Given the proximity to amenities and transit along Gladstone, this supply has proven to over time to sufficiently service building residents and guests.

16 4.0 POLICY AND REGULATORY FRAMEWORK Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) came into effect April 30, The PPS provides policy direction on matters of provincial interest related to land use planning and development. While local land use planning authorities are permitted and encouraged to compliment these provincial policies within their local Official Plans, local planning decisions shall be consistent with the policies of the PPS. The PPS directs development to locate within built-up areas to efficiently use land with existing infrastructure and where services and infrastructure are readily available in order to avoid the need for unjustified and uneconomical expansions. In order to meet this policy objective, planning authorities must identify and promote opportunities for intensification and redevelopment [Policy ]. The proposal meets the following policies, among others: Promotes efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term [Policy a]; Accommodates an appropriate range and mix of residential, employment, commercial and open space uses to meet long-term needs [Policy b]; Promotes cost-effective development standards to minimize land consumption and servicing costs [Policy a]; Promotes a land use pattern, density and mix of uses that minimize the length and number of vehicle trips and support current and future use of transit and active transportation [Policy ]; and Supports energy efficiency and improves air quality through land use and development patterns which promote the use of active transportation and transit in and between residential, employment (including commercial and industrial) and institutional uses and other areas [Policy b]. The proposed application is consistent with the Provincial Policy Statement in that: The proposal capitalizes on an opportunity for increased utilization of an underutilized site within the City s built-up area where services are readily available. The proposal will intensify a site situated in proximity to employment, rapid transit and other amenities contributing to the creation of complete communities and development patterns that are more sustainable over the long term. The proposal promotes a mix of uses that contribute to more sustainable land use patterns and minimize the length and number of vehicle trips. The proposal promotes the use of active transportation and transit. 4.2 City of Ottawa Official Plan (2003, As Amended) The subject property is designated General Urban on Schedule B Urban Policy Plan of the City of Ottawa Official Plan (OP). This designation permits a wide variety of land uses including all types and densities of housing and conveniently located employment, retail, service, industrial, cultural, greenspace, entertainment and institutional uses. The development of complete and sustainable communities is the main focus of this designation. Section General Urban notes that within neighbourhoods, the Zoning By-law will allow those uses that provide for the local, everyday needs of the residents, including retail, shopping, leisure, recreation, and services. The proposed outdoor commercial patio and ground-floor commercial uses are in keeping with the General Urban designation by promoting a variety of small, locally oriented convenience and service uses consistent with the needs of nearby residential areas Urban Design and Compatibility (Section 2.5.1) While the Official Plan policies support a variety of land uses, they also provide guidance on measures to promote compatibility to help mitigate differences and help achieve compatible form and function. Section of the

17 15 Official Plan presents a variety of design principles to guide development. The most applicable principles for this application include: Encourage a continuity of street frontages. Where continuous building facades are not a dominant feature of the streetscape, the gradual infilling of empty spaces between buildings and between the building and the street edge is promoted to occur over time. Depending on the stage of evolution of the street, it may be appropriate to achieve this principle in a number of ways e.g., building form, landscape treatment, architectural ornamentation. Address the relationship between buildings and between buildings and the street. Meet the needs of pedestrians as a priority. Contribute to attractive public spaces and important vistas. Create places and spaces that are visible and safe and can be confidently used at all hours of the day and at night where it is appropriate to do so. Integrate new development to complement and enliven the surroundings. The proposed application meets the intent of Section of the Official Plan and supports the City s Urban Design goals. The proposed patio and ground floor commercial uses will help improve the relationship between the building and the street, contribute to creating an attractive space that is visible and safe, and enliven the surrounding neighbourhood Urban Design Compatibility (Section 4.11) The criteria in Section 4.11 provide a means to objectively evaluate the compatibility of infill development. The following is an evaluation of the criteria in relation to the proposed development. Table 1: Conformity of the proposed development to the Official Plan s Urban Design and Compatibility Criteria COMPATIBILITY CRITERIA Traffic Vehicular Access Parking Requirements Outdoor Amenity Areas PROPOSED DEVELOPMENT The proposed outdoor commercial patio and proposed uses are is not anticipated to have a significant traffic impact on the surrounding neighbourhood as they do not require additional parking and many of the commercial uses are a pre-existing condition. The proposed outdoor commercial patio will not impact vehicular access. The proposal does not require any parking. There is limited if any outdoor amenity space on abutting lands in proximity to the patio. Notwithstanding this, the patio location at grade with its 1.2 metre high glass screen and prohibition of amplified sound is not anticipated to negatively impact any nearby outdoor amenity spaces that might exist on abutting lands. The proposed outdoor patio will, however, provide additional outdoor amenity space for local residents while also improving streetscape conditions on Bell Street North.

18 16 Loading Areas, Service Areas, and Outdoor Storage There are no loading and services areas or outdoor storage spaces associated with the proposal. Lighting Noise and Air Quality Sunlight Microclimate Supporting Neighbourhood Services Lighting will be designed and installed to provide a safe and secure environment while meeting the City s requirements and ensuring no significant impacts on adjacent properties. A noise study determined that the commercial patio is not anticipated to generate significant noise impacts. The study advises that noise levels at nearby points of reception are expected to fall below generally acceptable noise levels as well at the background noise levels presently experienced at local receptor points. To address any concerns of noise from the patio, no amplified music will be used and the hours of operation of the patio will only be between 7:00am and 11:00pm. The proposal will not have significant shadow impact on surrounding properties. No significant microclimate impacts are anticipated as a result of the proposal. The proposed development is located in close proximity to several neighbourhood amenities including schools, parks, and a community centre. Gladstone Avenue and Bank Street have a wide variety of commercial services available. Bus stops are in close proximity to the site, providing easy access to the Transitway and downtown. 4.3 Official Plan Amendment No. 150 In 2013, the City of Ottawa reviewed its Official Plan which resulted in several changes to policy references and to land use designations. Ottawa City Council adopted Official Plan Amendment (OPA) 150 to implement the changes in December 2013 and it was subsequently approved by the Ministry of Municipal Affairs and Housing (MMAH) in April OPA 150 was appealed to the Ontario Municipal Board and the appeals are ongoing. For the purposes of this Planning Rationale, the current policies of the City of Ottawa Official Plan 2003, Consolidated May 2013 remain in full force and effect and have been reviewed and analysed for the proposal. Though OPA 150 is not yet in full force and effect, the new policies relevant to the application have been taken into consideration as the intended direction of City Council. The proposed changes to the City s Official Plan as part of OPA 150 do not appear to directly affect the provisions related to this application. As such, the application meets the intent of the new policies contained in OPA Outdoor Patio Design Guidelines The City of Ottawa s Outdoor Patio Design Guidelines outline some basic principles for the planning and design of outdoor patios associated with restaurants, bars and nightclubs throughout the city. They address the range

19 17 of local and site-specific situations that may be encountered when locating an outdoor patio, whether in a rural, urban, or suburban setting. The outdoor commercial patio on the subject property is largely in keeping with the City s Outdoor Patio Design Guidelines, including the following provisions: / A large, clear path to the door of the restaurant is maintained; / A fence is used to delineate the perimeter of the patio area where alcohol is being served; / The fence is of an appropriate height, and is not entirely opaque; / The design, materials and colours used in the development of the patio are of high quality finish and compatible with the streetscape; / Perimeter fences do not obstruct the line of sight for pedestrians and drivers; / Exterior lightning does not spill into abutting private property or interfere with the public thoroughfare; / Distinctive paving is used to demarcate the property boundary; / Maintains barrier-free access for persons with disabilities; / Maintains a safe, secure and comfortable environment for pedestrians; and / Maintains primacy of the public right of way (albeit on private property) for pedestrian and vehicular movement. 4.5 City of Ottawa Zoning By-law ( ) The City s comprehensive Zoning By-law designates the subject property as Residential Fifth Density Zone (R5B H(39)), as shown in Figure 12. The R5 Zone permits a wide mix of residential building forms ranging from detached to mid-high rise apartment dwellings in areas designated as General Urban in the Official Plan. The Zone allows a number of other residential uses to provide additional choices, including: mid-high rise apartment dwelling, detached dwelling, duplex dwelling, group home, home-based business, planned unit development, residential care facility, retirement home, semi-detached dwelling, three-unit dwelling, and townhouse dwelling. Figure 12: Zoning of the subject property and surrounding area

20 18 The following table provides an overview of the performance standards for the proposed additional uses on the subject property with conformity of the proposal noted: Table 2: Zoning performance standards evaluation for the proposed uses Zoning Mechanism Zone Provisions Proposed Compliance or Permitted uses -apartment dwelling, lowrise; -apartment dwelling, midhigh rise; -bed and breakfast; -detached dwelling; -diplomatic mission; -duplex dwelling; -dwelling unit; -group home; -home-based business; -home-based daycare; -linked-detached dwelling; -park; -planned unit development; -residential care facility; - retirement home, converted; -retirement home; -rooming house, converted; -rooming house; -secondary dwelling unit; -semi-detached dwelling; -shelter; -stacked dwelling; -three-unit dwelling; -townhouse dwelling; -urban agriculture; -ground floor or basement convenience store (not exceeding 75 m 2 ) -dwelling units -restaurant; -recreational and athletic facility; -personal service business; and -convenience store (62.6 m 2 ) Minimum parking provisions Resident parking (0.5 per dwelling unit, minus the first 12 dwelling units): 215 Visitor parking (0.1 per dwelling unit; no more 96

21 19 than 30 spaces are required): 30 No parking is required to be provided for ground floor non-residential uses with a gross floor area of 200 m 2 or less. Restaurant = m 2 = 0 Convenience store = 62.6 m 2 = 0 Recreational and athletic facility and personal service business = 47 m 2 = 0 Total = 245 Minimum bicycle parking provisions 0.5 per dwelling unit (441 dwelling units) = 221 Indoor = 79 Outdoor: = 33 1 per 250 m 2 of gross floor area for restaurants and convenience stores = 2 Total = 112 Recreational and athletic facility = 1 per 1500 m 2 of gross floor area = 1 Total = 226 Zone performance standards for outdoor commercial patios are establishedin Section 85 of the Zoning By-law ( ). The following provides an overview of the performance standards for outdoor commercial patios under Section 85 of the Zoning By-law in relation to the owner s property and proposal with conformity of the proposal noted: Table 3: Zoning performance standards evaluation for the proposed outdoor commercial patio Zoning Mechanism Zone Provisions Proposed Compliance or Permitted use Must be operated as a part of a restaurant, bar, place of assembly or nightclub where those uses are listed permitted uses Will be operated as a part of a restaurant (to be added as a listed permitted use)

22 20 Separation distance of outdoor commercial patios from lots in residential zones* 75 metres* m Parking for the outdoor commercial patio No additional parking required No additional parking proposed *The Zoning By-law states that if the outdoor commercial patio screened and physically separated from [a lot in a residential zone] by a structure, screen or wall that is two metres or more in height so as to mitigate both light and noise from the outdoor commercial patio, then the minimum separation distance between the patio and that same lot is only 30 metres. Separation distance requirements for outdoor commercial patios As indicated in the Zoning By-law provision noted above, there is a common understanding that separation distance requirements associated with noise generating uses may be reduced with appropriate noise attenuation measures. On this basis, CLV has engaged a noise consultant to undertake a noise assessment of the proposed patio to determine if noise attenuation is needed. The study assessed the amount of noise attenuation required to create a condition equal or better than that which would be achieved with an application the required separation distance of 75 metres, and concluded that the proposed patio, with its 1.2 metre high noise barrier along the western boundary, would create noise levels that are not only expected to fall below generally acceptable noise levels at nearby points of reception, but also below the existing background noise levels that currently exist at and around the subject property. Although not necessary due to these findings, the patio will be enclosed by a 1.2 m glass screen in addition to proposed restrictions against outdoor music and the 7 am to 11 pm hours of operation. It is also important to note that the patio is associated with a restaurant space that is within a large, luxury rental apartment building that is managed by CLV. As such, CLV s interest in the proposed application is to accommodate uses that support their tenants as opposed to uses that may prove to be nuisances due to noise or other factors. Commercial ground floor uses With regard to the proposed non-residential ground floor uses on the subject property, a restaurant use has always been present on the subject property s ground floor; as such, it is a legally non-conforming use. Similarly, other commercial uses have also occupied the ground floor of the building on the subject property in the past. The provision of small ground-floor commercial uses would contribute to achieving the Zoning By-law s stated objective of permitting ancillary uses to the principal residential use, in part to accommodate convenience retail and service uses of limited size, for the R5 zone. There is value in providing these small, community-oriented ground floor services, especially for a large building such as the one that is located on the subject property. In total, the ground floor commercial uses currently occupy a gross floor area of square metres, which represents about 21.8 % of the total gross floor area of the subject property s ground floor of 1472 square metres. This proposal recommends that the gross floor area of ground floor commercial uses on the subject property be limited to a maximum of 30% of the total gross floor area of the ground floor, or approximately square metres. This provision would ensure that the commercial uses on the subject property would remain small enough and community-oriented in nature, while nonetheless allowing for modest expansion in the event that these uses evolve over time. Further, the currently limited parking provided on the subject property should help limit the clientele of these services to a largely local population.

23 21 Bicycle parking Currently, the provided bicycle parking supply for the subject property is legally non-conforming; falling short of the required minimum provisions outlined in the Zoning By-law. Given the proximity to amenities and transit along Gladstone, this supply has proven over time to sufficiently service building residents and guests. Vehicle parking The subject property currently provides a legally non-complying total of 96 vehicular parking spaces, whereas the Zoning By-law requires a minimum provision of 245 vehicle parking spaces. In addition to its non-complying rights, the subject property is located near many nearby amenities that are accessible by active or public transportation, and is less than an 800 metre walking distance from the future Gladstone Light Rail Transit (LRT) Station. A By-law ( ) to amend certain parking provisions was recently adopted by the City. One of the amendments was to eliminate minimum parking requirements for developments located near certain transit stations. The affected lands are located in Area Z of Schedule 1A Areas for Minimum Parking Space Requirements. Although the subject property is not located within Area Z, a clear intention of this new By-law is to reduce or completely eliminate karing requirements for lands in relative proximity to an LRT station Requested Amendments to the Zoning By-law Based on the evaluation in Tables 2 and 3, the proposed commercial uses must be added as conditional uses within the zoning of the subject lands along with relief from select provisions for the proposed patio. A sitespecific Exception Zone is proposed for the Zoning By-law Amendment, including the following provisions: / Restaurant, convernience store, recreational and athletic facility, and personal service business to be added as permitted uses with the following conditions: o The outdoor commercial patio s hours of operation will be limited from 11am to 7pm; o Amplified sound will be prohibited on the outdoor commercial patio; o The outdoor commercial patio will have a maximum area of 85 m 2 ; o The maximum combined gross floor area of the ground floor commercial uses will be 441.6m 2, or 30% of the total ground floor area of the building on the subject property; / Separation distance between the outdoor commercial patio and a lot in a residential zone to be reduced from 75 metres to metres. / Minimum bicycle parking to be reduced from 226 spaces to 112 spaces. / Minimum vehicle parking to be reduced from 245 spaces to 96 spaces.

24 5.0 CONCLUSION 22 In considering the proposed development, the applicable policy framework and supporting noise study, it is Fotenn s professional opinion that the proposed development represents good planning and is in the public interest for the following reasons: / The proposal is consistent with the Provincial Policy Statement. / The proposal is consistent with the direction of the Official Plan for the General Urban Area designation by adding a variety of small, locally oriented convenience and service uses consistent with the needs of the residential area and meeting the general intent of the Official Plan s Urban Design Compatibility Criteria. / The proposal maintains the general intent and purpose of the Outdoor Patio Design Guidelines. / The proposal meets the general intent and purpose of the Zoning By-law. / The proposal is supported by a noise study submitted as part of this application. Sincerely, Brian Casagrande, MCIP RPP Director of Planning and Development Fotenn Consultants Inc. Nico Church, M. Pl. Planner Fotenn Consultants Inc.