PBD October 24, 2017

Transcription

1 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of Municipal Council Planning, Building & Development AM , Official Plan and Zoning By-law Amendment Application Robinson Street Proposal: 3, 35 to 56 Storey Hotels Applicant: Canadian Niagara Hotels (Dino DiCienzo) Agent: Michael Kirkland, The Kirkland Partnership RECOMMENDATIONS 1. That Council approve the Official Plan and Zoning By-law amendment application to exceed the 30 storey limit for two, 35 storey hotels and one, 56 storey hotel on the subject lands, subject to the development being redesigned to provide 25 metre separation distances between the hotel towers above the podium level to meet Design Guidelines; 2. That site specific zoning by-laws be subject to regulations recommended in this report and Holding (H) provisions to address the servicing, traffic and archaeological matters discussed in this report; 3. That the passage of the amending zoning by-laws be conditional on the execution of Section 37 agreements for each hotel to secure: contributions to streetscape improvements on the abutting Robinson Street and former railway line; the design of the project; a capital facilities contribution based on 5% of the construction value of the net floor areas above 30 storeys; and 4. That passage of the amending by-laws be held in abeyance until a geotechnical slope stability study, cultural heritage impact assessment and revised environmental impact and stormwater studies have been submitted to the satisfaction of the City and Niagara Parks Commission and any necessary revisions to the proposal have been made. EXECUTIVE SUMMARY Canadian Niagara Hotels Inc. has requested Official Plan and Zoning By-law amendments to permit the development of two, 35 storey hotels and one, 56 storey hotel, providing a total of 1811 hotel rooms, on the lands known as Robinson Street. The amendments are recommended subject to a redesign and Holding (H) provisions for the following reasons: - The proposal complies with Provincial and Regional policies that encourage the efficient use of land and infrastructure and a diverse mix of land uses. A cultural

2 2 heritage report is needed to address PPS interests regarding the interface of development with Queen Victoria Park; - The subject lands are located in the Fallsview Subdistrict of the Central Tourist District which the City s Official Plan intends to be the primary location for high-rise hotels; - The developer is willing to enter into Section 37 agreements and modify the existing agreement to secure: the design of the project; capital facilities contributions; and streetscape improvements; - provided that a minimum 25 metre separation is provided between the tower portions of the hotels, the project is in general conformity with the City s tourist area design guidelines; and - Further study is necessary to ensure the necessary servicing and transportation infrastructure is available and archaeological, heritage, environmental impact and stormwater issues are addressed to the satisfaction of affected agencies. Due to concerns from the Niagara Parks Commission (NPC) with respect to impacts on the forested escarpment and Queen Victoria Park, a geotechnical study, cultural heritage impact assessment and updated environmental study should be submitted to the satisfaction of the NPC prior to passage of the amending by-laws. BACKGROUND Proposal Canadian Niagara Hotels has requested an Official Plan and Zoning By-law amendment for a 4.7 hectare (11.7 acre) parcel of land known as Robinson Street. Refer to Schedule 1 to locate the land. The applicant is seeking an Official Plan Amendment to exceed the 30 storey height limit of the Official Plan and a Zoning By-law Amendment to permit 3 hotel towers to be built in 3 phases: two 35 storey, 121 metre tall hotels and one 56 storey, 186 metre tall hotel. The proposed development will also include meeting rooms, retail stores and restaurants, and on-site surface parking and parking garages. Schedule 2 shows details of the proposed development. Schedule 3 is a perspective drawing of the development. The lands are designated in the Official Plan as Tourist Commercial, in part, and Environmental Conservation Area, in part. The applicant is requesting site specific policies to be added to the Official Plan which will permit 3 hotels ranging in height between 35 and 56 storeys in exchange for the contribution of capital facilities to the City as well as streetscaping. The lands are zoned Tourist Commercial (TC-717) with provisions which permits a 28 storey, 110 metre tall hotel. The applicant is requesting that the current zoning be replaced with three new site specific TC zones, one for each of the proposed hotels.

3 3 Site Conditions and Surrounding Land Uses The subject lands were severed from abutting lands to the north in The majority of the subject lands are flat and currently used as a grassed commercial parking lot. A steep forested moraine extends down to Queen Victoria Park along the easterly limit of the subject lands. This portion of the lands is designated Environmental Conservation Area in the City s Official Plan. Queen Victoria Park is located to the east of the lands. Robinson Street and the Jolley Cut lie to the south. Lands owned by HOCO Limited, which include attractions along Clifton Hill and parking areas, lie to the north. The former City owned rail corridor lies to the west. Circulation Comments Information about the requested Zoning By-law amendments was circulated to City divisions, the Region, agencies, and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara No objections. The proposal is consistent with Provincial and Regional policies. The archaeological assessment submitted noted further study is necessary. The requested Holding (H) Provision should secure the submission of the necessary archaeological assessment. The Transportation Impact Study should be updated in accordance with Regional standards and resubmitted at the site plan stage. Niagara Parks Commission (NPC) In accordance with NPC s moraine management policy a 6 metre setback for paths, landscaping and retaining walls to the top of the moraine slope is required in absence of a geotechnical study, while a 15 metre setback from the top of bank is required for all buildings. A portion of the proposed buildings and walkways are within these setbacks. The NPC requests the Official Plan amendment require updated environmental studies, an updated stormwater management report and a cultural impact study to address concerns about sensitive species on the moraine and impacts on Queen Victoria Park, and a geotechnical slope stability study. Consideration of the zoning bylaw amendment should be deferred until the above noted studies are completed to the satisfaction of the NPC.

4 4 Niagara Peninsula Conservation Authority (NPCA) Comments pending. Transportation Services No objections to the applications. Transportation Services notes that certain improvements are needed to accommodate the first phase of development, including the addition of traffic signals at the intersections of Robinson Street and Clark Street and Robinson Street and Fallsview Boulevard. Transportation Services supports the request to have holding (H) provisions applied to the land for the future phases of development until the necessary supporting traffic studies are complete. Municipal Works No objections. A further servicing study is to be done at the site plan stage to identify servicing constraints and required resolutions as it pertains to the lifting of Holding (H) provisions for future phases. It is anticipated that approval of these amendments will serve to initiate the Robinson Street Municipal Class Environmental Assessment (EA) which will provide an opportunity to review alternatives to improve this corridor over to Stanley Avenue. Funding for this EA may be considered during the 2018 Capital Budget deliberations. Parks Design No objections to the amendments. The Tourism Policy Review Implementation Guidelines for high rise hotels should continue to be applied at the site plan stage. The escarpment trail system proposed should also be further detailed at this stage. 2% cash-in-lieu of parkland dedication will be payable at Building Permit issuance. Building Services, Fire Services No objections. A review of fire safety and Ontario Building Code matters will be applicable at the site plan and Building Permit stages. Legal Services No objections. Neighbourhood Open House A neighbourhood open house was held on September 20, 2017 and was attended by 2 representatives of nearby land owners. The attendees did not offer any objections or concerns and noted they were obtaining further information on the proposal to report back to

5 5 their clients. Questions were asked about the project s compliance with the applicable Official Plan policies and the Tourism Policy Review Implementation Guidelines. The applicant s architect answered questions about the project s design and the attendees were provided digital copies of the applicable design, planning and microclimate reports. ANALYSIS 1. Provincial Policy Statement and Growth Plan The Planning Act requires City planning decisions to comply with Provincial policies. These policies encourage the efficient use of land and infrastructure and a diverse mix of land uses. The Provincial Policy Statements require that planning authorities not permit development adjacent to cultural heritage properties unless an evaluation has been conducted to demonstrate the heritage attributes of the protected property will be conserved. Queen Victoria Park is a cultural heritage landscape. The NPC has requested a study be conducted to evaluate impact, if any. 2. Official Plan Most of the subject lands are designated Tourist Commercial in the City s Official Plan and located in the Fallsview Subdistrict of the Central Tourist District. This Subdistrict is intended to be the primary location for high-rise hotels. Building heights of up to 30 storeys are permitted to be considered in this area. The portion of the lands abutting Queen Victoria Park consist of tree-covered gullies along the moraine edge which is designated Environmental Conservation Area in the Official Plan. Use of this portion is limited to conservation and may include small scale passive recreational uses, such as trails, and ancillary uses. The Tourist Commercial designation of the Official Plan contains policies to guide tourist development which would enhance Niagara Falls as a world class tourism destination. These are summarized as follows: - High standards of building design are promoted along with buildings of variable heights that do not form a continuous wall of development; - Reduction of building heights toward the periphery of the tourist core and minimization of shadowing on residential areas; - Development of design criteria to ensure new buildings add distinct and interesting features to an internationally recognizable skyline and are reduced in mass above the podium. Building heights greater than 30 storeys can be considered through an Official Plan Amendment provided it is demonstrated that no significant adverse impacts are created. Matters such as shadowing on residential areas, streets and green spaces; encroachments on the views of the Falls of other landowners; and creation of wind impacts at the street level are to be addressed in considering such a development.

6 6 In addition, the Official Plan contains policies for that portion of the site designated Environmental Conservation. This designation requires an approved Environmental Impact Study to demonstrate that the proposed development will not have an adverse impact on the natural heritage features. The OP also requires a geotechnical investigation for development to evaluate the impact of development on slope stability of the site. The Official Plan also requires that Council have regard for the NPC s Moraine Management Plan. The proposed development was assessed relative to these policies of the Official Plan. Staff found: - The site is located in the middle of the Fallsview Tourist District, where the tall hotels are expected; - The proposed hotels are distant from residential areas and streets and have no shadowing impacts on them. In addition, the wooded escarpment and Queen Victoria Park would not impacted by shadow until late in the day; - The applicant s environmental study recommended a natural buffer along the top of bank for the moraine. The Parks Commission requests a 6 m (19.6 ft.) natural buffer and that buildings be setback 15 m (49.2 ft.) from the edge unless revisions to the environmental study demonstrates the proposed development will not impact on that portion of the property designated Environmental Conservation Area. The proposal, as submitted, is closer than these setbacks. - The 3 hotels represent the front row of development north of Robinson Street. The Official Plan requires that the height and mass of buildings shall be variable so as to not to form a continuous wall over Queen Victoria Park. The buildings are slab in form and do not provide the recommended separation distances between towers. As front row development, requesting excess heights, this project should be held to this standard. Improvements can be made by implementing a separation distance of 25 metres between the three towers which lessens the wall effect and affords better opportunities for views for future development to the west. - The submission of a microclimate study concluded the project is too far removed to have an impact on the mist from the Horseshoe Falls. The impacts of the wind between the 3 towers has been mitigated at ground level through the interconnection of the podiums. Thus there will be no unmitigated adverse impacts. - The two hotels closest to Robinson Street are twin towers with the most northerly tower creating architectural interest due to its taller more slender form. While the 35 th floor of each building will have an outdoor pool, it results in a weak architectural roof feature in the skyline. The proposal, nonetheless, proposes interconnecting walkways which in itself will be unique.

7 7 - The zed shaped form of the buildings provide some articulation, but the repetition of materials is somewhat lackluster. Further detailing of the towers at the site plan stage will be sought to enhance the development to the benefit of the skyline. A draft Official Plan Amendment has been submitted by the applicant. This amendment makes provision for community benefits through Section 37 Agreement requirements, discussed later. The OPA requires the implementation of a holding (H) provision for the future phases (second and third hotels) until further transportation and servicing studies are completed to address capacity. The Amendment should also include policies to require further archaeological study, a cultural heritage evaluation, updated environmental impact study and stormwater management studies. A geotechnical report is needed, before the by-law(s) can be passed to determine the appropriate setbacks from the edge of the moraine. 3. Architectural Design Review All building proposals in the Tourist Commercial area greater than 10 storeys are subject to an Architectural Design Review process. The applicant s architect submitted an Architectural Design Brief, as required by the City s revised process. The Brief evaluates the project s conformity to the 7 principles contained in the City s Tourism Policy Review Implementation Handbook. Staff have reviewed the Brief; findings are as follows: Principle 1 Positive Building Base The first phase of the project proposes a landscaped strip between the sidewalk and the surface parking lot along the Robinson Street frontage. This would meet minimum requirements. In future phases of development, a parking garage with ground floor commercial uses along Robinson Street is proposed to engage pedestrians along the street frontage in accordance with this principle. Details such as architectural cladding on the parking levels and canopies at the pedestrian level are recommended to be refined during the Site Plan stage. Landscaping and walkways on the escarpment side should be revised to reflect findings of the applicant s environmental study. Principle 2 Public Realm at Grade The site is currently subject to a Section 37 Agreement for streetscape improvements abutting the former rail corridor to the west and Robinson Street which includes tree planting, sidewalks and benches. Revisions to the Section 37 Agreement will be necessary to reflect this proposal. Details are discussed later in this report. Principle 3 Skyview This principle seeks to ensure light and transparency is provided between building towers above the podium level through a set of built-form regulations. The setback of the southerly tower has an appropriate setback from the Robinson Street ROW of 13 metres. However the project departs from the following built-form regulations:

8 8 - Separation between hotel towers above the podium is only 14 metres (45.9 ft.) whereas 25 metres (82 ft.) is required, - Setback of the northerly tower from the north property line is only 0.85 metres (2.7 ft.) whereas 12.5 metres (39.3 ft.) is required, - Whereas, a maximum 1 to 1.5 width to length ratio is permitted, a 1 to 4 width to length ratio is provided; and - Maximum floor plate size is exceeded, whereas a maximum of 1115 sq. m. is permitted, 1500 sq. m. is proposed for the southerly two towers and 730 to 1260 sq. m. is proposed for the northerly tower. The applicant s architect noted that the reductions in separation distances between towers are needed to reduce the length of the skywalk at the 35 th level. He is of the opinion that the angled profile of the two southerly hotels assist in mitigating the greater mass of these two buildings. However the combination of the reduced separation between the buildings, the increased length to width ratio and increased floor plate size all contribute to creating a wall of development when viewed from Queen Victoria Park or the City. This is a large scale development that needs adequate spacing between the buildings to mitigate their massing. Planning staff recommend that a minimum separation of 25 metres be required to be provided between the hotel towers. This could be achieved by reducing the floor plate sizes on the central and northerly hotel towers between the 3 rd and 35 th levels by about 2-3 rooms each floor, a modest reduction give there are in excess of 1800 rooms proposed. This separation distance would be similar to the separation distance provided between the two taller towers of the Hilton Hotel. This would also reduce the massing of the complex and would improve the amount of sky between the towers. The resulting spacing could also afford some view opportunities for future hotels in the second tier. Principle 4 Skyline Height This principle states that the taller the building, the greater the emphasis should be on slenderness and visible skyview between towers. A diversity of building heights can be considered in the tourist core, but heights should be stepped down along Queen Victoria Park to minimize shadowing and view corridors towards the Skylon Tower should be established for new buildings within 300 metres of the Tower. The proposal meets this principle as follows: - The three hotels would provide additional height to the skyline; - Provided the separation distance between the hotel towers is increased as recommended above, acceptable skyview will be provided between the buildings; - Although there is no step-down to the escarpment rim, due to the orientation of the buildings to the north-northwest of Queen Victoria Park, the architectural

9 9 submission demonstrates there are no shadowing impacts on the Park until the late afternoon; and - Although located about 200 metres from the Skylon, the southerly hotel tower does not appear to substantially affect the iconic status of the Skylon Tower, primarily because a hotel of a similar height is approved on the Skylon Tower property. The two 35 storey hotels in particular have large walls that have mainly glass facades facing the falls. Extensive use of glass facades is discouraged under the City s guidelines. At the site plan stage architectural treatments to break up the massing of the building and avoid a purely glass façade should be explored. Principle 5 - Views and Vistas This principle seeks a scale of development designed to maintain views and exposure to nature. Much has already been said on the wall effect. The development proposes a number of facilities at the 35 th level, including a skywalk, infinity pools, and restaurants and terraces to provide new alternative views of the Falls. In addition, the proposal includes landscaped areas and a walkway along the moraine to expose pedestrians to the adjacent natural area. Improvements to the Jolley Cut would extend landscape features on the site into the Park. Principle 6 Microclimate A Microclimate Study was completed by Theakson Environmental for the development. This study concluded that with the addition of wind mitigation measures (including a continuous podium joining the 3 buildings) there were no adverse impacts created by the development. In addition, Theakson Environmental opines that the project will not impact on the mist dispersion due to its distance from the Falls. There are no concerns with compliance with this principle. Principle 7 Parking and Circulation This principle seeks to reduce the visual impact of parking lots and traffic impacts caused by remote parking lots by containing parking on-site in garages. The first phase of development will include a parking lot buffered and divided by landscaped strips to screen abutting lands and provide for a more pleasing environment. Parking for future phases will be contained in parking garages animated by ground floor level commercial uses. There are no concerns with compliance with this principle. 4. Moraine Management Plan The Niagara Parks Commission s (NPC) Moraine Management Plan contains policies that require a geotechnical study for any buildings proposed within 100 metres of the escarpment, and states such buildings are required to be 15 metres from the top of the escarpment. The Official Plan states regard should be had for the Moraine Management Plan when considering applications along the escarpment. In addition the City s Tourist Area Development Strategy, which is the basis for the City s

10 10 Tourism Policy Review Implementation Handbook, has a similar setback. The NPC has requested that the Official Plan amendment require the completion of a geotechnical slope stability study and to defer the passing of a zoning by-law until this study has been completed. To ensure the escarpment is not adversely impacted this geotechnical study should be completed prior to the passage of the amending by-law. Planning staff note that portions of the two northerly buildings fall within the above noted setback and, depending on the findings of the geotechnical investigation, these two buildings may have to be redesigned to move the building edge away from the escarpment. 5. Zoning By-law The zoning requested would remove the existing approvals for one 28 storey hotel. The applicant has requested site specific Tourist Commercial (TC) zones for each of the three hotel towers. The departures requested from the standard TC regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION Minimum lot area n/a All of the subject lands Minimum front yard depth 0 m Minimum rear yard depth 3 m Minimum side yard width Maximum building height Maximum floor area of all retail stores Loading requirements All subject lands to be treated as one for purpose of by-law regulations 0 m to west lot line, 3 m to east lot line 12 m 3530 sq. m. per property 3 spaces plus 1 space for each 4600 sq. m. of floor area over 9300 sq. m. of floor area n/a 13 m for hotel, 0 m for parking structure 0 m Setbacks to building components established in a detailed schedule 121 m (southerly two towers) 186 m (northerly tower) 7060 sq. m. for all the subject lands 3 spaces for south tower 3 spaces total for northerly two towers yes

11 11 The following requested amendments can be supported for the following reasons: The request to apply zoning regulations, including lot area, to the entire site is a technical measure as the site will function as a whole despite different branded hotel towers. This provision will also allow required parking for each hotel tower to be provided within future parking garages on the west side of the property; The requested front yard depth provides an adequate setback for the hotel tower while allowing the ground floor of the parking structure, containing commercial uses to animate the Robinson Street frontage; The requested rear yard would permit a hotel tower to be erected almost at the north property line. Although the design guidelines discourage this, a ravine immediately to the north east of the property places some limitation on constructing buildings immediately to the north of this hotel tower. However, a geotechnical study is required to address the slope stability and an appropriate distance setback; Typical of other high rise hotels, the side yard setbacks will be controlled through a by-law schedule that will define building components and their heights. The proposed schedule identifies no-build setbacks of between 24 and 48 metres from the easterly side lot line to protect the forested escarpment. To permit the parking garages, this schedule should maintain existing building height provisions (12 metres) between the hotel towers and the east property line; The requested building height reflect the proposed tower heights, including roof top mechanical rooms and terraces; and The reduction in loading spaces does not create any traffic issues. A common loading area for the two northerly towers will be created adjacent to the central hotel with service corridors to serve both these hotels. As discussed earlier, the amending by-law should secure a minimum setback of 25 metres between the hotel towers, above the 2 storey podium level. 6. Holding (H) Provisions The applicant has requested that the site specific zone provisions for the Phase 2 and Phase 3 hotels (central and northerly towers) be subject to hold (H) provisions pending completion of any necessary sanitary sewer and transportation studies demonstrating that there is sufficient capacity to support the these phases of development. The applicant s transportation consultant has identified intersection improvements, including left turn lanes at the Robinson Street/Clark Street and Robinson Street//Stanley Avenue intersections, are required with the future phases. Sanitary sewer models should be updated which each phase. In addition the H provisions should address submission of necessary archaeological reports as requested by the Region.

12 12 7. Passage of the Amending By-laws The Niagara Parks Commission (NPC) has expressed concerns about the compliance of the project with their moraine management policy and the need for a geotechnical study, also required by the City s OP. In addition the NPC has noted that Queen Victoria Park is a Provincially Significant Provincial Heritage Property and has requested a cultural heritage impact assessment be completed, and the environmental impact statement and stormwater study submitted by the applicant does not fully address impacts on the moraine. The NPC has requested the above noted studies be submitted or resubmitted prior to passage of the amending by-laws. As these studies may impact on the design or siting of these buildings, Staff recommend that the amending by-laws not be passed until these studies have been submitted to the satisfaction of the NPC. 8. Section 37 Agreements Section 37 agreements are permitted under the Planning Act to secure streetscape and community facilities, in return for increased height. All projects over 4 storeys in height in the City s tourist area are required to pay for streetscape improvements on abutting streets. A Section 37 Agreement is already registered on the property requiring an $85,500 contribution along the Robinson Street frontage of the property and a $545,850 contribution along the former rail corridor frontage of the property (potentially a pedestrian route) in combination with the property to the north. This Section 37 Agreement should be updated to reflect current costs and reduced to reflect the frontage of the subject site on the former rail corridor. Where it is determined that development over 30 stories has planning merit, a cash contribution based on 5% of the construction cost for the net floor area over 30 storeys is required in return for the height increase. The net floor area excludes elevator and stairwell shafts, mechanical rooms and ventilation shafts. Staff estimates the contribution to be about $750,000 for the first phase and $4,000,000 for the whole development. As per established practice, separate Section 37 agreements should be secured for each phase of development. The applicant has requested that contributions be directed to the following municipal community facilities: - Improvements to the Robinson Street corridor, including streetscaping, removal of the disused rail bridge and construction of a new roundabout - Pedestrian connections to Queen Victoria Park. - Improvements to the former rail corridor Staff note that an Environmental Assessment (EA) should be initiated to study improvements to the Robinson Street corridor and propose to add this to the list of 2018 capital projects for consideration by Council. Staff do not object to the addition of this project to the list of projects to be considered.

13 13 With respect to connections to Queen Victoria Park, Staff note that upgrades to the Jolley Cut are needed to ensure it is safe for public use. The Jolley Cut coincides with the Robinson Street road allowance and extends almost to the table land of the Park. Staff have no concerns with this matter being added to the list, provided the Jolley Cut is included. Basic improvements to the former rail corridor will be secured through the streetscape contributions noted above. A pedestrian trail forms a logical connection between the bridge to the Skylon Tower extending in close proximity to Clark Street connecting with the pedestrian realm along Victoria Avenue. The capital contribution may be used to secure additional improvements, such as public art. As with other projects of this magnitude the general architecture and design of the project would be secured in the Section 37 Agreement. 9. Tree Preservation Planning staff note that a substantial number of trees along the escarpment rim are proposed to be removed to accommodate a trail system. Some of these trees are in good health and contribute to the view of a forested escarpment from Queen Victoria Park. Furthermore the applicant s environmental consultant recommends a natural buffer be provided within 3 metres of the drip-line on the top of the slope. The provision of this buffer will result in modifications to the landscaping scheme shown on Schedule 2, including shifting the walkway away from the escarpment rim. It is recommended that the developer work with staff at the site plan stage to provide this buffer and preserve some of these trees. FINANCIAL IMPLICATIONS The proposed development will provide development charges, cash-in-lieu of parkland dedication and new tax assessment for the City. CITY S STRATEGIC COMMITMENT This proposal does not directly impact on any of the City s strategic commitments. LIST OF ATTACHMENTS Schedule 1 Location Map Schedule 2 Site Plan Schedule 3 Perspective Recommended by: Respectfully submitted: Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer A.Bryce:mb Attach. S:\PDR\2017\, AM , Canadian Niagara Hotels, Robinson Street, Official Plan and Zoning By-law Amendment.docx

14 14 SCHEDULE 1

15 15 SCHEDULE 2

16 16 SCHEDULE 3