By Liz McKenzie
Clarence Street property owner, Ted Lawrence appealed to the Ontario Municipal Board (OMB) to stop the rezoning of 364 St. Patrick Street that would allow a 9-storey hotel on the newly rezoned King Edward Avenue.
The newly minted Traditional Main Street zoning allows buildings of 6 storeys. This type of spot rezoning for a 9-storey hotel would open the door for spot rezoning all along King Edward. Once again, residents are offered the promise of predictable building heights, albeit increased from the previous 4-storeys to the new 6-storeys, only to immediately see how easily a developer can get increased height at will.
The concern is that our community could be faced with walls of high buildings along both sides of the King Edward, further dividing the community. This is not a promising planning direction for a thoroughfare that already faces an unfair number of challenges.
At the dismissal hearing, Lawrence argued that this rezoning would undermine heritage values in the area, along with other aspects of the streetscape. The rezoning diminishes both the predictability of development that the community desires, and the prospect of a harmonious streetscape.
Besides building height issues, Lawrence argued that there is little community benefit in the hotel use: the rezoning is purely to the benefit of the developer. He made further arguments relating to traffic concerns on the busy corner of Murray and King Edward.
As with other hearings, it became clear that the OMB has very little authority to hear matters related to heritage protection. The OMB member noted that while “the ratepayer spoke eloquently and lucidly about important problems, the Board is compelled to agree with the developer”. This leaves residents at the mercy of City Council on all heritage matters. Appeals to the Ontario Heritage Board are possible, but their decisions are not binding.
The Lowertown Community Association will continue efforts to persuade Planning Committee and Council members that our Lowertown heritage is worth preserving. However, with continuing loss of buildings in the Lowertown and Byward Market Heritage Conservation Districts, it is clear the present Council does not share this concern.
A copy of the complete decision can be read at www.omb.gov.on.ca/ecs/CaseDetail. aspx?n=PL140212 .
The balance of Lawrence’s Appeal relating to concerns about lifting the heritage overlay on 269, 277, 285, and 291 on King Edward Avenue, protecting the Heritage Conservation District within the new zoning, and the lack of public consultation during the planning stages, will be heard on September 8th. The city did not respond positively to his request for mediation.
Anyone wishing to work with him on this appeal is welcome. Ted Lawrence can be contacted at 613-789-1081 or ted@storm.ca