PLANNING RATIONALE REPORT Zoning By-law Amendment Application Street Prepared for: The Shafali Group by: 6393 Roslyn Street Ottawa (Orleans), Ontario K1C 2Z9 January 30, 2013
Page 2 TABLE OF CONTENTS 1 INTRODUCTION... 3 1.1 Background... 3 1.2 The Shafali Group... 3 2 SITE CONTEXT... 4 2.1 Site Location... 4 2.2 Site Characteristics... 6 2.3 Existing Land Use Designation... 8 2.3.1 City of Ottawa Official Plan... 8 2.3.2 Central Area Secondary Plan... 8 2.3.3 Zoning By-law 2008-250... 8 3. DEVELOPMENT PROPOSAL... 10 3.1 Land Use Proposal... 10 3.2 Proposed Zoning By-law Amendment... 10 4 PLANNING RATIONALE... 11 4.1 Provincial Policy Statement... 11 4.2 City of Ottawa Official Plan... 11 4.3 Centretown Secondary Plan... 13 4.4 The Proposed Zoning By-law Amendment... 15 5 CONSULTATIONS... 16 6 SUMMARY AND CONCLUSION... 17 APPENDIX 1... 19 R4 - Residential Fourth Density Zone (Sec. 161-162)... 19 Exceptions 901-1000... 24 Figure 1 Location Map... 5 Figure 2 Aerial Photo... 5 Figure 3 Street Photo... 6 Figure 4 Survey Plan... 7 Figure 5 Exisiting Area Zoning... 9 Figure 6 Surrounding Commercial and Institutional Uses... 13
Page 3 1 INTRODUCTION 1.1 Background The Shafali Group is the owner of a two-storey brick building located at Street. The property is situated at the south-west corner of Clarence and Cumberland Streets. The building contains two residential units which occupy part of the first floor and the entire second floor. A hair salon occupies the balance of the first floor and is oriented towards Cumberland Street. At this time, the owners wish to convert the residential component of the building into a wine bar. A rezoning is required because wine bars are not a permitted use and because the current by-law provisions restrict any commercial uses to the ground floor and to buildings containing one or more residential units. This Planning Rationale will demonstrate that the establishment of the wine bar in this location is in conformity with provincial and municipal policies, that it is a desirable use for the property and that it represents good planning. 1.2 The Shafali Group The Shafali Group is an established Ottawa-based restauranteur. Opening their first restaurant in 1996, this family operated business now includes three restaurants and a café. They have a demonstrated knowledge of the food and beverage industry and are committed to the area. In fact, three of their facilities are located nearby on Dalhousie Street, Cumberland Street and in the By Ward Market. They have seen the area evolve positively over the past two decades and have contributed to its evolution.
Page 4 2 SITE CONTEXT 2.1 Site Location The site is located in Lowertown at the south-west corner of Clarence and Cumberland Streets, as depicted in Figure 1: Location Map. In this area, Clarence Street is characterized predominantly by a mix of residential uses, comprising of converted singles, semi-detached dwellings, low-rise apartments and mid-rise apartments. A scattering of nonresidential uses such as a mixed-use office building, a place of worship, a community health clinic and an inn can also be found within this immediate block of Clarence. Cumberland Street contains an even more varied mix of uses encompassing mid-rise apartments, retail stores, restaurants, offices and personal service uses. High-rise apartments can also be found along Cumberland Street, south of York Street. In fact, the area has seen the addition of over 1300 condominium units over the past decade as a result of developments such as Claridge Plaza 1 and 2, Galleria, Galleria 2, 360 Lofts, East Market Phases 1, 2 and 3 and York Plaza. An additional 750 units are proposed. The properties in the immediate vicinity of Street consist of a place of worship with an ancillary dwelling unit to the west (186 Clarence St.) and a hair salon to the south (332 Cumberland St.). Two apartment buildings, seven and eight storeys in height, are located north of the site on the opposite side of Clarence Street. To the east, across Cumberland Street, a two storey multiple attached dwelling with a Clarence Street orientation can be found along with a two- storey commercial building containing offices, a fitness studio, a vacant retail outlet and a Domino s Pizza Outlet. Figure 2 shows the surrounding area in an Aerial Photo. The site benefits from local bus service along Dalhousie Street, Murray Street as well as Rideau Street. The site is within 600 metres of the future Rideau Centre LRT Station.
Page 5 Figure 1: Location Map Figure 2: Aerial Photo
Page 6 2.2 Site Characteristics The site is a corner lot with approximately 10 metres (34 ft.) of frontage on Clarence Street, 15 metres (50 ft.) of frontage on Cumberland Street and a resulting area of 158 square metres (1700 ft2). Within the building, two residential units occupy a floor area of approximately 185 square metres (2,000 ft2) encompassing most of the first floor and the entire second floor. Approximately 33 square metres (350 ft2) of the ground floor is devoted to a hair salon. The retail occupancy presents a storefront onto Cumberland Street in what appears to be a storefront addition to the original two-storey building, however, this floor space was originally constructed as a carriage house. Figure 3 shows the two street facades of 199 Clarence Street (looking south-west). Figure 3: Street Sidewalks are located along both street flankages of the property. Full urban services are available to the property. A recent as-built survey plan of the property is shown in Figure 4, on the following page.
Page 7 Figure 4: Survey Plan
Page 8 2.3 Existing Land Use Designation 2.3.1 City of Ottawa Official Plan The property is within the Central Area designation of the City of Ottawa Official Plan. The Central Area is intended to serve as the economic and cultural heart of the City through its unique combination of employment, government, retail, housing, entertainment and cultural activities. The Plan promotes the diversity and attractiveness of the Central Area by encouraging a broad range of land uses and day/night activity, year round. The policies also emphasize the need to protect residential neighbourhoods in and around the Central Area. 2.3.2 Central Area Secondary Plan The Central Area Secondary Plan provides a more detailed area-based policy direction for a number of sub-areas within the Central Area, referred to as Character Areas. The subject lands are situated within the Lowertown Character Area and are guided by the policies of Section 1.8.1. These policies envision that Lowertown will evolve into an attractive pedestrian oriented predominantly residential, urban village neighbourhood exhibiting a significant heritage component. The Plan also acknowledges that neighbourhood commercial uses will exist along Cumberland Street and that community focused commercial uses, such as grocery stores, will be more appropriate south of York Street. 2.3.3 Zoning By-law 2008-250 The subject property is zoned R4T [952] S74 Residential Fourth Density Zone, pursuant to Zoning By-Law 2008-250. The R4T zone is prevalent along Clarence Street and throughout the broader neighbourhood. This zone permits a wide range of residential uses from single detached dwellings to low-rise apartment dwellings. Exception 952 specifically applies to the properties on the west side of Cumberland Street, between Clarence and York Streets. This exception permits additional uses such as an artist studio, community health and resource centre, instructional
Page 9 facility, personal service business, book store, pharmacy, florist and novelty shop. The accompanying provisions stipulate that the commercial uses must be located on the ground floor or basement and within a building containing one or more residential units. A wine bar is not currently permitted within the existing zone. The list of permitted uses and performance standards of the R4T [952] S74 zone are included in Appendix 1. The Zoning By-law also subjects the property to a heritage overlay. This overlay restricts the extent of external modifications that may be made to the building. No parking is required for a retail store, personal service use, instructional facility, restaurant or bar situated in the Central Area. Figure 5: Existing Area Zoning Excerpt from the City of Ottawa emaps (December 2012)
Page 10 3. DEVELOPMENT PROPOSAL 3.1 Land Use Proposal The owners are proposing to transform the residential portion of the building into a wine bar. It is their intention to operate the facility on the ground floor of the building with the second floor to be used for special events such as private bookings and wine tasting events. The venue will feature a small plate menu with an emphasis on food and wine pairings. No external modifications to the building or the site are contemplated other than some embellishments to the entrance and upgrading of the masonry and windows. The proposed wine bar is intended to cater to the needs of the immediate neighbourhood which has experienced significant growth through intensification in recent years. The modest size of the facility, its relatively narrow product line and its location outside of the By Ward Market are expected to reinforce its local orientation. It is expected that a large proportion of clients will be walk-in traffic. 3.2 Proposed Zoning By-law Amendment It is proposed that the property be zoned R4T [XXXX] S74, which will retain all the existing permitted uses and will add a full service restaurant as a permitted use. The current Exception [952] provisions require that any artist studio, instructional facility, personal service business or retail store be located on the ground floor, basement or cellar and that the building contain one or more residential units. Although, a wine bar or restaurant are not identified as being subject to these provisions, they appear to have been intended to apply to any permitted commercial uses. Accordingly, the rezoning seeks to recognize that the proposed restaurant may occupy both floors and that the requirement for residential not be applicable.
Page 11 4 PLANNING RATIONALE 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) 2005 broadly outlines the provincial government s vision and policies for land use planning and development in Ontario. The Planning Act, 1990, s. 3(a) requires that municipal land use and urban/rural planning decisions be consistent with the policy statement as issued under the Act. Part V, Section 1.0, Building Strong Communities, encourages healthy and sustainable communities through a number of strategies. Those strategies include promoting efficient land use patterns to sustain financial well-being (Policy 1.1.1(a)), accommodating an appropriate mix of residential and employment land uses to meet long term needs (Policy 1.1.1 (b)) and avoiding land use patterns that which may cause environmental or public health concerns.(policy 1.1.1 (c)). The proposed rezoning furthers these objectives by enhancing the mix of uses within this vibrant part of the City. It makes efficient use of existing infrastructure and does not adversely impact the surrounding uses. 4.2 City of Ottawa Official Plan The proposed use complies fully with the Central Area Policies and requirements. The addition of this use adds to the diversity and attractiveness of the area without detracting from the surrounding community. Since the exterior of the building will not be altered, the compatibility guidelines and objectives of the Official Plan are fully met. This approach respects the community s established characteristics and context. The introduction of a restaurant use at this location is consistent with the compatibility criteria set out in Section 4.11 of the Official Plan. In this regard, traffic is not expected to be a concern as the use is small in scale and will draw clientele from the immediate neighbourhood. Its central location along Cumberland Street and absence of on-site
Page 12 parking will reinforce walking as the preferred means of travel to the site. While noise, lighting and infringement of privacy can sometimes be a concern when placing restaurant uses within a residential context, this site is adjacent to a place of worship and a hair salon. Accordingly, abutting residences are not adversely impacted by these concerns. The closest residential use is an ancillary residential unit contained within the adjacent place of worship. The proposal is entirely consistent with the commercial and residential mix of uses found throughout this area and, in particular, along Cumberland Street. In fact, two fast food restaurants currently exist along this block of Cumberland. The proposed full service restaurant provides a more upscale alternative for this locale. Figure 6 illustrates the commercial and institutional uses found in the immediate area.
Page 13 Figure 6: Surrounding Commercial and Institutional Uses Commercial Uses Institutional Uses 4.3 Centretown Secondary Plan The Centretown Secondary Plan envisions that Lowertown will evolve into an attractive pedestrian oriented predominantly residential, urban village neighbourhood exhibiting a significant heritage component. The Plan specifically recognizes and promotes a residential-only enclave along Clarence Street. Along Cumberland Street, the Plan speaks to a different orientation and encourages a limited number of neighbourhood commercial uses at grade, especially in heritage buildings which serve primarily local needs and do not attract large volumes of traffic, such as confectionaries, personal and business services and small stores.
Page 14 The site s location at the corner of Cumberland and Clarence Streets brings both of these contrasting components into play. The proposal successfully addresses both. The owners are proposing to retain the existing two storey brick building without introducing any significant alterations to the exterior. This supports the heritage characteristics of the area and complements the massing, rhythm and context of the residential street. While the proposal entails a change in the use of the building, it will appear relatively unchanged from the Clarence streetscape. The conversion of the building into a wine bar helps the property take advantage of its more extensive exposure on Cumberland Street. This property shares more frontage with Cumberland Street than Clarence Street and is central to the Lowertown Character Area. These attributes make it ideally suited for neighbourhood commercial uses. The proposed wine bar is expected to operate as a neighbourhood venue due to its limited size and limited product offering. While bars frequently have a broad catchment area, the proposed wine bar will operate on the main level with a floor area of less than 95 square metres. A further 95 square metres will be available on the second level, however, that area is intended for special events, such as private bookings or wine tasting events. It is expected that the wine bar will draw clientele from the surrounding residential neighbourhood which has seen significant growth due to intensification over the past few years. It is estimated that over 1300 new condominium units have been constructed in the surrounding area over the past decade and there are an additional 750 units proposed. The intended use provides a venue for neighbours to congregate in an informal setting. As new dwelling units diminish in size to achieve affordability objectives, informal meeting spaces in the public realm take on a more important role. The small scale of this facility reinforces its local orientation and encourages pedestrian access from the immediate area. In view of the foregoing, the proposed wine bar is consistent with the type of neighbouhood oriented uses envisioned in the Central Area Secondary Plan.
Page 15 4.4 The Proposed Zoning By-law Amendment It is proposed that the property be zoned R4T [XXXX] S74. This exception will retain all of the existing permitted uses and add a full service restaurant as a permitted use. The exception will also be structured to allow the wine bar/restaurant to operate on the first and second floors of the building without a requirement for residential units in the same building. The introduction of a wine bar is considered to be appropriate at this location for a number of reasons. As noted in Section 4.3, the facility will function as a neighbourhood venue due to its small size and limited product offerings. The site is particularly appealing for this type of use as the area has seen the introduction of many new small apartment units in the past decade. The wine bar will provide an opportunity for neighbours to convene. The site s central location within this community will encourage patrons to access the facility as pedestrians. This helps to minimize potential traffic and parking impacts. The placement of a neighbourhood-oriented use at this corner location enhances Cumberland streetscape and adds desirable activity during day and evening hours. The proposal is considered to be compatible and appropriate for its context. While residential uses prevail throughout this general area, Cumberland Street is characterized by many commercial uses. This particular property abuts a commercial use and a place of worship. The fact that the existing building will be retained without any significant exterior alterations ensures that the historic character of the area and built form are respected. This is an important consideration given the site s prominent location on a corner lot. The proposal seeks to enable the wine bar to replace the residential tenancy on the second floor of the building. This relief has been sought in order to allow for special events to take place as part of the wine bar. The placement of commercial uses on the second floor is not unprecedented in this area. For example, the building at 333 Cumberland Street contains second floor offices and a fitness studio. It does not contain any residential units and is located less than 25 metres from the subject site.
Page 16 5 CONSULTATIONS Pre-consultation Meetings were held with City staff on November 7, 2012 and the Ward Councillor s office on November 13, 2012. In addition, the owners have advised the community association of their plans.
Page 17 6 SUMMARY AND CONCLUSION The proposed rezoning complies with the policies of the Provincial Policy Statement, 2005; the City of Ottawa Official Plan and the Centretown Secondary Plan. The proposal is compatible with its context and appropriate for the site. To summarize: The addition of this use adds to the diversity and attractiveness of the area without detracting from the surrounding community. The proposal will leave the existing building intact so that its heritage value will be maintained. This also helps to ensure that the proposal is well integrated into the surrounding residential fabric. The proposed wine bar will cater to the needs of the immediate neighbourhood which has experienced significant growth through intensification in recent years. This growth is expected to continue. The modest size of the proposed wine bar, its relatively narrow product line and its location outside of the Market reinforce its positioning as a neighbourhood-oriented use. The site s central location within this residential enclave will encourage patrons to access the facility as pedestrians. This helps to minimize potential traffic and parking impacts. The introduction of this neighbourhood-oriented use adds prominence to this corner location and desirable activity to the Cumberland streetscape during day and evening hours. The abutting properties consist of a hair salon and a place of worship thereby diminishing potential impacts.
Page 18 The placement of a commercial use on the second floor is logical given the intended use. Above-grade commercial uses can also be found opposite the site at 333 Cumberland Street. In conclusion, the proposal to change the zoning of Street to an R4T [xxxx] S74 zone complies fully with all relevant policy documents, represents good planning and supports the public s best interests.
Page 19 APPENDIX 1 R4 - Residential Fourth Density Zone (Sec. 161-162) 161. In the R4 Zone: Permitted Uses (1) The following uses are permitted uses subject to: (a) the provisions of subsection 161 (2) to (15); (b) a maximum of three guest bedrooms in a bed and breakfast; and (c) a maximum of ten residents permitted in a group home. apartment dwelling, low rise bed and breakfast, see Part 5, Section 121 community garden, see Part 3, Section 82 converted dwelling, see Part 5, Section 122 detached dwelling diplomatic mission, see Part 3, Section 88 duplex dwelling, see Part 5, Section 138 (By-law 2010-307) group home, see Part 5, Section 125 home-based business, see Part 5, Section 127 home-based daycare, see Part 5, Section 129 linked-detached dwelling, see Part 5, Section 138 (By-law 2010-307) multiple attached dwelling, see Part 5, Section 138 (Subject to By-law 2012-334) (By-law 2010-307) park planned unit development, see Part 5, Section 131 retirement home, converted see Part 5, Section 122 retirement home rooming house, converted see Part 5, Section 122 rooming house, secondary dwelling unit, see Part 5, Section 133 semi-detached dwelling, see Part 5, Section 138 (By-law 2010-307) stacked dwelling, see Part 5, Section 138 (By-law 2010-307) three-unit dwelling
Page 20 Zone Provisions (2) The zone provisions are set out in Table 162A and 162B. (3) Where a planned unit development is permitted on a lot in the subzone, the provisions of Section 131 apply, and the associated subzone provisions identified in Table 162 A affecting permission of uses, minimum lot widths and lot areas, as well as minimum required setbacks apply to the whole of the lot, while the maximum height applies to each permitted dwelling type within the planned unit development. (4) A diplomatic mission and group home that is not a prohibited use listed in Column II of Table 162A, is subject to the subzone provisions for a detached dwelling if included in Column III, otherwise it will be subject to the subzone provisions for an apartment dwelling, low rise. (5) A retirement home and rooming house that is not a prohibited use listed in Column II of Table 162A, is subject to the subzone provisions for an apartment dwelling, low rise. (6) A community garden or park is not subject to the provisions of Table 162A, however any development will be subject to the subzone provisions for an apartment dwelling, low rise. (7) Conversions that alter an existing residential use building to create another listed permitted use in the zone are subject to the provisions of Section 122 Conversions; and in the case of a converted dwelling, Table 162B Endnote 2 applies in those subzones where Endnote 2 is referenced in Column XI of Table 162B. (By-law 2009-184) (8) Thirty percent of the lot area must be provided as landscaped area for a lot containing an apartment dwelling, low rise, stacked dwelling, or retirement home, or a planned unit development that contains any one or more of these dwelling types. (9) The maximum height of any permitted use may not exceed that which is specified in Column VI of Table 162A, and in no case, may be greater than a maximum four storeys. (10) Minimum lot width, lot area and parking requirements for linked-detached dwelling, semidetached dwelling and multiple attached dwelling shall apply to each portion of a lot on which each individual dwelling unit is located, whether or not that parcel is to be severed. (Subject to By-law 2012-334) (11) For other applicable provisions, see Part 2 - General Provisions, Part 3 - Specific Use Provisions, Part 4 - Parking, Queuing and Loading Provisions and Part 5 Residential Provisions.(By-law 2010-307)
Page 21 R4 Subzones 162. In the R4 Zone, the following subzones and provisions apply such that: (1) (a) Column I lists the subzone character; (b) Column II lists the uses from Section 161 (1) that are prohibited uses; (c) Column III identifies the principal permitted dwelling types in order to differentiate in Columns III to XI the required zone provisions applying to the dwelling types; (d) Columns IV through X inclusive, establish required zone provisions applying to development in each subzone; (e) Column XI lists the reference number of additional provisions applying in each subzone. The additional provisions themselves are provided in Table 162B. Where an additional provision applies, the corresponding provision specified in Table 162B takes ultimate precedence over any provision provided in Table 162A; (f) Where a superscript number occurs in Table 162A - eg. varies 1, the superscript number 1 refers to a number in Column I of Table 162B which sets out an additional provision; (g) Where na appears, it means that the associated provision is not applicable; and (h) Where varies appears, the associated provision is referenced and provided as an additional provision.
Page 22 I Sub- Zone II Prohibited Uses III Principal Dwelling Types IV Minimum Lot Width (m) V Minimum Lot Area (m 2 ) VI Maximum Building Height (m) VII Minimum Front Yard Setback (m) VIII Minimum Corner Side Yard Setback (m) IX Minimum Rear Yard Setback (m) X Minimum Interior Side Yard Setback (m) XI Endnotes (see Table 162B) T None Planned unit development na 1,400 as per dwelling type 3 3 varies 1 varies 1 1, 17 Apartment dwelling, low rise, Stacked 15 450 14.5, or if in a heritage overlay 11 3 3 varies 3 varies 3 3, 17 Three Unit 9 270 11 3 3 varies 4 varies 8 4,8, 17 Detached, Duplex, Linkeddetached 7.5 195 11 3 3 varies 4 varies 8 4,8, 17 Multiple Attached, Semidetached 4.5 110 11 3 3 varies 4 1.2 4, 17
Page 23 TABLE 162B- ADDITIONAL PROVISIONS I Endnote number II Additional Zoning Provision 1 Despite the definitions of rear yard and interior side yard, buildings in a PUD must be located so that they are set back, (a) an amount equal to the minimum required rear yard setback for the dwelling type proposed, from a lot line where it abuts a rear yard on an abutting lot but need not exceed 7.5 metres, (b) an amount equal to the minimum required interior side yard setback for the dwelling type proposed, from a lot line where it abuts a side yard on an abutting lot for the first 18 metres back from the street and 25 percent of the lot depth for the remainder, to a maximum 7.5 metres, and (c) in the case of an abutting vacant lot, a minimum required interior side yard of 1.8 metres, and a minimum required rear yard setback based on the minimum rear yard setback applicable to the dwelling type proposed to be located within the PUD adjacent to the rear lot line. 3 Interior Side Yard Setback: For any part of a building located within 21 metres of a front lot line the minimum required interior side yard setback is as follows: (a) Where the building wall is equal to or less than 11 m in height: 1.5 m (b) Where the building wall is greater than 11 m in height: 2.5 m (c) Where the building contains an apartment dwelling, low rise or stacked dwelling and the side lot line abuts a residential subzone that does not permit that dwelling type: 3 m and that yard must be landscaped. In all other circumstances the minimum required interior side yard setback is 6m. Rear Yard Setback: The minimum required rear yard setback is equal to 25% of the lot depth but need not exceed 7.5 metres. Notwithstanding the foregoing, where the rear lot line abuts the interior side lot line of an abutting lot, the minimum required rear yard setback must be the same as the required interior side yard setback of the abutting lot along each point of the shared lot line. (By-law 2010-354) 4 Minimum rear yard setback is 25% of the lot depth which must comprise at least 25% of the area of the lot, however it need not exceed 7.5 m. Despite the foregoing, on lots with depths of 15 metres or less, the minimum rear yard setback is 4 m. 8 Minimum total interior side yard setback is 1.8 m, with one minimum yard, no less than 0.6 m wide. Where there is a corner lot on which is located only one interior side yard, the minimum required interior side yard setback equals the
Page 24 minimum required for at least one yard. (By-law 2008-462) 17 Community health and resource centres are permitted: 17 (i) Exceptions 901-1000 I Exception Number II Applicable Zones Exception Provisions III Additional Land Uses Permitted IV Land Uses Prohibited V Provisions 952 R4T[952] S 74, R4T[952] S 77 - artist studio - community centre - community health and resource centre - day care - instructional facility - library - museum - personal service business - recreational and athletic facility - retail store, limited to a book store, pharmacy, florist shop, gift or novelty shop and a stationery store - artist studio, instructional facility, personal service business and the permitted retail stores must be located on the ground floor, basement or cellar and the building must contain one or more dwelling units - a permitted retail store must not exceed 112 m 2 of gross floor area