Our Review

Provided below are:  

  • Review of the OCP where relevant to this proposal
  • Initial comments on the current proposal

OCP Review

The property is designated as “Urban Residential”, one of several “Urban Place” designations described in the OCP. Relevent extracts from the OCP (section 6) follow:  

1) From Page 41

Caution Against Land Speculation
A property may require a zoning bylaw amendment (rezoning) or other City approval to realize the density, height, or use envisioned by the Urban Place Designation. Such approvals are subject to formal processes, and potentially also a Council decision. The City is not obligated to approve any such application, even if it aligns with the Urban Place Designation.

2) From Page 43, 6.3:

While the Urban Place Designations described in this plan establish a general pattern of land use, zoning bylaws regulate the specific uses and density of development that are permitted to occur on the land.

3) Zoning Bylaws applicable to 50 Government St. – Part 3.3 – R3-1 and R3-2 Zone, Multiple Dwelling District, Page 4, Section 9.

No multiple dwelling shall be erected, used or maintained on a lot having an area of less than 920m2, nor shall any multiple dwelling or other building or structure be erected, used or maintained on more than one lot.

The area of the 50 Government St. lot is 585.3m2

4) From Page 45, 6.17 Urban Residential

C. Density Guidance
Low to medium residential (base of approximately 1.2:1 FSR). Additional density may be considered in locations that support the growth management concept in this plan, such as in proximity to Urban Villages, Town Centres and Transit Priority Corridors, where public benefit is provided consistent with the objectives of this plan and other City policies, including local area plans (max of approximately 2:1 FSR).

Page 5 of the James Bay Local Area Plan includes the following:

5. Encourage a visual harmony of form and scale between the new buildings and adjacent residential buildings.
9. New development should respect existing streetscape charachter.

Our view is that, unless specifically overruled by the current OCP the James Bay Local Area Plan should be the ruling document until the new OCP is issued later this year. This OCP, after considering public input, will define where increased density will occur.

Initial Review

An initial review of the plans indicate that they:

  • Do not provide affordable family housing which the neighbours, community and City have identified as a priority need.
  • Do not consider the majority of design recommendations by City planning staff.
  • Do not provide design transitions from maximum height to scale of neighbouring homes.
  • Are out of compliance with the Official Community Plan, the proposed revisions to the Official Community Plan, City zoning by-laws and housing legislation.
  • Appear to have images manipulated to remove existing skylight(s) from neighbouring home.
  • Undermine climate objectives of the city.
  • Undermine tourism values and small and medium sized businesses that showcase this street for its beautiful heritage homes and gardens.
  • Have minimal character and a barren frontage that undermines a neighbourhood feel.
  • Infringe on multiple neighbours’ rights to light, privacy and quiet enjoyment of their own property due to the buildings’ over-height and large block-shaped massing. The 5-level building proposed for the rear of the property has large windows with close overlook into homes on at least five properties on South Turner.
  • Risk negative impacts on biodiversity due to shadowing of neighbouring gardens and lack of open site space on the 50 Government property.
  • Will cause light, noise and air pollution from external staircases in close proximity to neighbours.  External stairways would likely be lighted 24 hours a day for safety reasons, and possibly used as gathering places, smoking areas and/or for storage.
  • Reflect no attempts at individual consultation with neighbours to develop a design that is mutually acceptable.