Report
to/Rapport au:
Planning
and Development Committee/
Comité de l’urbanisme et de l’aménagement
and Council/et au Conseil
05 June 2002 / le 05 juin 2002
Submitted by/Soumis par: Ned Lathrop, General
Manager/Directeur général
Development Services Department
/ Services d’aménagement
Contact/Personne-ressource: Grant Lindsay, Manager, Development
Approvals / Gestionnaire, Approbation des demandes d’aménagement
580-2424 ext
13242, Grant.Lindsay@ottawa.ca
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Ref N°:
ACS2002-DEV-APR-0120 |
SUBJECT: ZONING – 4120A-L RIVERSIDE DRIVE
OBJET: ZONAGE – 4120A-L, PROMENADE RIVERSIDE
REPORT RECOMMENDATION
That the
Planning and Development Committee recommend Council approve an amendment to
the former City of Ottawa Zoning By-law, 1998, to change the zoning of the
properties at 4120A-L Riverside Drive from
Environmentally Sensitive Area, ES Zone to Environmentally Sensitive Area ES
[EXCEPTION] Zone, with provisions to re-establish residential uses as
permitted uses, as set out in Document 2.
RECOMMANDATION
DU RAPPORT
Que le Comité de
l’urbanisme et de l’aménagement recommande au Conseil municipal d’approuver une
modification au Règlement municipal sur le zonage de 1998 de l’ancienne Ville
d’Ottawa en vue de remplacer la désignation de « zone écologiquement
sensible - ES » des propriétés situées
aux 4120A-L, promenade Riverside par la désignation
« zone écologiquement sensible - ES [EXCEPTION] », assortie de
dispositions visant à rétablir les utilisations résidentielles au nombre des
utilisations permises, comme il est indiqué dans le document 2.
BACKGROUND
The subject properties are located on the east side of the Rideau River, just south of the Hunt Club Bridge (see Document 1) and are within the Airport Operating Influence Zone (AOIZ)of the Ottawa Airport. There are a total of 13 lots of record and 10 existing dwelling units. Seven lots have dwellings occupied on a year-round basis, and three lots have dwellings that are occupied on a seasonal basis. The former Region of Ottawa-Carleton purchased two vacant lots (4120D1 and 4120D2) in October 2000. Lot 4120L was previously occupied by a cottage, but by mid-1997 this cottage had been legally demolished; it is currently the only vacant lot not owned by the City of Ottawa.
Under the Ottawa Zoning By-law, 1998, the
lands are currently zoned Environmentally Sensitive
Area ES Zone. This zoning does not
recognize residential dwellings as a permitted use.
Proposed
Amendment
The owners of 4120A-C and 4120E-L have requested that the legal conforming rights they previously enjoyed under the former City of Ottawa’s Zoning By-law Z-2K, as amended by By-law 293-93, be reinstated through the establishment of an ES [EXCEPTION] Zone. The previous zoning applying to these lands permitted a maximum of 14 single family dwelling units in the P-x[86] Zone. The proposed Environmentally Sensitive Area ES [Exception] Zone would permit dwellings on lots of record, and would allow the re-establishment of a residential use on Lot 4120L, which under the existing zoning is not entitled to a building permit. The proposed zoning would also permit additions and renovations to existing homes and cottages.
DISCUSSION
Zoning
History
Under the previous Zoning By-law Z-2K, as amended by By-law 293-93, the zoning applying to 4120 Riverside Drive was P-x [86], which recognized the existing residences in this area as legal conforming. This zoning would have permitted the construction of a new residence on Lot 4120L (the only privately owned vacant lot in the area), as well as the replacement and expansion of the existing residences on Lots 4120A-K.
Under Ottawa’s
new Zoning By-law, 1998 the lands were zoned ES, Environmentally Sensitive Area
Zone, which does not permit any residential uses. Although proper notice of the zoning change
was undertaken, specific notice was not provided to the landowners of this
change. This has been an issue with the
landowners and the local community association, and precipitated this
application. The former City of
Ottawa's Planning and Development Committee in April of 2000 discussed this
issue and had requested staff to review the zoning with a view to allowing
residential development on the vacant lot.
This proposed rezoning will serve to reinstate the rights that had
previously been enjoyed by the owners of 4120 Riverside Drive. The proposed exception provisions reflected
the same exception provisions of the P-x[86] Zone, and are carried over into
this proposed Zoning By-law amendment.
Ottawa Official Plan
Volume III, Site Specific Policies, Chapter 3.0 Uplands/Riverside South, policy 3.1.2 states that “Notwithstanding the Environmentally Sensitive Area designations on Schedule A – …The single detached residential uses of those properties fronting onto the Rideau River as described on Document 4 of this chapter shall be deemed to be permitted uses."
As such, a rezoning from Environmentally Sensitive Area Zone ES to a zoning category that permits single unit residential uses would conform to the policies of the former City of Ottawa Official Plan.
Regional
Official Plan
The properties are designated “Business Park” on Schedule B to the Regional Official Plan. This designation does not have to be amended to permit the adoption and approval of a site specific Zoning By-law amendment for Lots 4120A-L Riverside Drive, in light of the provisions contained in Section 1.6 Policy 8, Existing Uses.
Given the proximity of the site to the Ottawa Airport and its noise concerns, provisions of the Region of Ottawa-Carleton Official Plan relating to development in the vicinity of the airport also apply. The former Regional Official Plan policies contained in Section 11.6.1 Airport Noise, Policy 5, generally does not permit new residential development, unless one of three conditions (i.e. Section 11.6.1 criteria a), or b) or c)) are met.
City staff have reviewed the zoning application in relation to these three criteria, and have concluded that the rezoning conforms in all respects to Section 11.6.1 criteria c), when the provisions of Section 1.6 Policy 8 of the Regional Plan are taken into account.
In the context of the Regional Official Plan, the only effect of rezoning these lots to permit residential uses as “legal conforming” uses would be to reaffirm the previously enjoyed right of being a “conforming” use. This is precisely what Section 1.6 Policy 8 of the Regional Official Plan envisaged when it made provision for the passing of “a zoning by-law….to render the existing use a legal conforming use.”
The enactment of a Zoning By-law Amendment to permit residential uses on Lots 4120A-L as legal conforming uses would be in conformity with the Regional Official Plan.
Provincial Policy Statement
The effect of the proposed rezoning is to allow for the development of one new infill dwelling in an area of existing dwellings. While the Provincial Policy Statement does not support residential development adjacent to airports, infilling is a permitted exception to this prohibition on development near airports, subject to MOEE Guidelines.
In this regard, Ministry of Environment and Energy
Publication LU-131 states in part: “….development of noise sensitive land uses
in the range between NEF/NEP values of 30 and 35 is at the discretion of the
municipality. In accordance with
Reference [15], the municipality is empowered to issue the approval and has
authority to deny the development application." The subject lands, with the exception of four existing permanent
dwellings (which do not constitute new development) are between the 30-35
NEF/NEP contours. It is within the discretion of the municipality to allow
infill residential development.
Federal Government Policies
Transport Canada’s publication entitled LAND USE IN THE VICINITY OF AIRPORTS, states that "residential construction or development between NEF 30 and 35 should not be permitted to proceed until the responsible authority is satisfied that appropriate acoustic insulation features have been considered in the building design (see CMHC’s New Housing and Airport Noise Handbook, NHA 5185 81/05) and a noise impact assessment study has been completed and shows that this construction or development is not incompatible with aircraft noise. Notwithstanding the noise impact assessment study, the developer should still be required to inform all prospective tenants or purchasers of residential units that speech interference and annoyance caused by aircraft noise are, on average, established and growing at NEF 30 and are very significant by NEF 35.”
There is only one new residence that is being proposed for the subject area, and City staff has advised the owner of the need for appropriate acoustic insulation features. The owner is agreeable to entering into an agreement to be registered on Title advising future prospective purchasers that "speech interference and annoyance caused by aircraft noise are, on average, established and growing at NEF 30 and are very significant by NEF 35."
Former ROC Property Acquisition
On June 3, 1999 the former Region acquired the property at 4160 Riverside Drive, located immediately to the south of 4120 Riverside Drive. The acquisition of this property was undertaken to compensate the previous owner for the removal of development rights resulting from the policies in the Region’s Official Plan, as set out in Section 11.6.1, which prevents new residential development between the boundaries of the Airport Operating Influence Zone and the 35 NEF/NEP. These policies prevented the previous owners from exercising their rights to develop this land for residential uses, as per rezoning and subdivision applications submitted following the approval of the former Region of Official Plan Amendments (to both the former City and former Region Official Plans) to allow residential development of this property.
Subsequent to the acquisition of the property at 4160 Riverside, the former Region, in October 2000 acquired two additional privately owned vacant lots (4120D1 and 4120D2 Riverside) which had been placed for sale on the open market by the previous owner. The lot at 4120L is the only remaining privately owned vacant lot in this community. It was acquired by the current owner for development of a single home to replace a previous home demolished by the previous owner. The current owner is unwilling to sell the land to the City.
Approval of the rezoning requested to recognize the current residential use of the remaining privately owned lots at 4120 Riverside, and to allow a single new home as a replacement to the dwelling which was demolished to be constructed on the only privately owned vacant lot at 4120L Riverside, as noted in preceding discussions, does not undermine the policy direction established by the Region’s Official Plan. Nor will it in staff’s view establish a precedent to allow new residential development for other lands that may be located within areas where policies of Section 11.6.1 of the Regional Official Plan apply. Rather, the zoning change will recognize and re-establish a right that the owners’ of the lots at 4120 Riverside have enjoyed for years and that were removed as a result of the new comprehensive zoning by-law enacted by the former City of Ottawa in 1998.
SUMMARY
The proposed Zoning By-law amendment:
- Will reinstate the property rights that the owners of the existing lots of record enjoyed prior to the approval of the former City of Ottawa's new Zoning By-law, 1998.
- Will not permit the creation of new residential lots.
- Will be preceded by the owner of Lot 4120L entering into a Development Agreement, to be registered on Title, requiring the owner to:
a. prior to the issuance of a Building Permit, the builder's drawings with respect to noise control measures shall be certified by an Acoustical Consultant or Professional Engineer as being in conformity with the criteria of LU-131 for Indoor Aircraft Noise, to the satisfaction of the City of Ottawa;
b. prior to occupancy, provide certification by an Acoustical Consultant or Professional Engineer that the required noise control measures have been installed, to the satisfaction of the City of Ottawa;
c. provide a warning clause to prospective purchasers that noise from aircraft utilizing the facilities of the Ottawa Macdonald-Cartier International Airport may result in annoyance to occupants, interfere with speech and sleep;
d. provide that neither the City of Ottawa nor the operators of the Ottawa Macdonald-Cartier International Airport guarantee that noise from aircraft will not interfere with the quiet enjoyment of their property, including speech and sleeping activities. Neither the City of Ottawa nor the operators of the Ottawa Macdonald-Cartier International Airport bear any responsibility, financial or otherwise, to provide solutions to problems resulting from aircraft noise, such solutions being the sole responsibility of the homeowner.
4. Does not pose any more of a threat to the Airport than already exists (Note: There has never been a complaint to the Airport about aircraft noise from any resident living in this community).
5. Puts no new obligations on this area from a servicing perspective (i.e. the access road remains privately owned and maintained, each lot owner will maintain their private water and sewer services).
CONSULTATION
The application was subject to Early Notification and Public Consultation, and it was circulated to a number of technical agencies. No comments were received from the general public. The Community Association, who is the applicant, indicated support for the zoning change. The only agency with concerns and expressed opposition to the rezoning was the Ottawa Macdonald-Cartier International Airport Authority. The Ward Councillor is in favour of the approval of the rezoning application. (See Document 4 for Consultation Details)
FINANCIAL IMPLICATIONS
The recommendation contained in this report will have no financial impact.
APPLICATION PROCESS TIMELINE
STATUS
The process timelines were not met due to the complexity of the issues involved with the zoning history, and the need to consult Airport Authority staff on the appropriateness of the application.
ATTACHMENTS
Document 1 Location Map
Document 2 Explanatory Note
Document 3 Details of
Proposed Zoning
Document 4 Existing Lot Dimensions
Document 5 Consultation Details
DISPOSITION
Development
Services Department to write
and circulate implementing by-law, and to undertake required Planning Act
notification
Legal Services to review and forward implementing By-law to
Council
Corporate Services Department, Secretariat Services, to notify the representative for the owners, Mrs. Donna Allen,
President, Uplands on the Rideau Community Association, 4120C Riverside Drive,
Ottawa, ON K1V 1C4, of City Council’s
decision.
Location Map Document 1
EXPLANATORY NOTE Document 2
THE FOLLOWING IS AN EXPLANATORY NOTE TO BY-LAW NUMBER ______
By-law Number .......... amends By-law Number 93-98, the former City of Ottawa’s Comprehensive Zoning By-law. The amendment affects those lands known municipally as 4120A-L Riverside Drive, which are located on the west side of Riverside Drive, south of the Hunt Club Bridge, and fronting on the Rideau River. The applicants, all members of the Uplands on the Rideau Association, have requested that their property be rezoned to recognize their existing homes as permitted uses, and to allow the construction of one new residence on 4120L. The lands are shown as the shaded area on the attached Location Map.
Current Zoning
The current zoning is Environmentally Sensitive ES Area, a zone that does not permit residential uses.
Proposed Zoning
The proposed amendment will establish an exception to the Environmentally Sensitive ES [EXCEPTION] Zone that permits the use of the 13 existing lots of record for residential uses, but would not allow the creation of additional lots.
Should you require further information
regarding the amendment, please call Roger Hunter at 580-2424 ext. 21582.
DETAILS OF PROPOSED ZONING Document 3
The
following will apply to 4120A-L Riverside Drive
The Zoning classification will be changed from
Environmentally Sensitive Area Zone ES to Environmentally Sensitive ES [EXCEPTION] Zone, with the following regulations:
Environmentally
Sensitive ES [EXCEPTION] Zone
Permitted
Use(s) Public Uses
1. Park
Residential
Uses
detached house
Lot Subsection
13(1) does not apply to the lands
affected by this Amendment.
Lot
Area As per Document 4 attached
Notwithstanding
the above, the Lot Area may be
reduced through the transfer of lands to the City of Ottawa for public
purposes.
Rear
Lot Line (roadway) As per Document 4 attached.
Notwithstanding the above, the Rear Lot Line may
be reduced through the transfer of lands to the City of Ottawa for
public purposes.
Notwithstanding the definition of a front lot line, where a lot abuts
the Rideau River, the front lot line is deemed to be the lot line abutting the
Rideau River, and all other provisions of the By-law, including those relating
to lot, lot lines and yards, apply with all necessary modifications.
Lot
Coverage 20% Maximum
Height 10.7m
Maximum
Yards
-Front 10m, but in no case shall any new
building, structure or sewage disposal system be located within 30m of the high
water mark of the Rideau River.
-Rear 4.0
m between the face of any garage and the rear
lot line, and a minimum rear yard of 10.0 m is required for the rest of
the building, except any existing garage within the required rear yard as of
the date of passage of this By-law shall be deemed to be permitted.
-Side 1.6
m
Landscaping In
addition to the minimum landscaping required in
Part IV – RESIDENTIAL REGULATIONS of Zoning By-law, 1998, clause 123,
those portions of each lot within 10m of the high water mark of the Rideau
River shall be maintained as landscaped area.
Further
Lot Splitting No lot in the Environmentally
Sensitive ES
[EXCEPTION] Zone shall
be separated or subdivided so as to decrease the lot area and/or rear lot line
(frontage on private roadway) from that existing on 9 July 1997, save and
except for reductions approved by the City for public purposes.
Maximum Gross Floor Area No building must
exceed a maximum gross floor area of 279 square metres, except that located on
lot 20 (4120L Riverside Drive), which is 372 square metres.
Number of Dwellings per Lot One,
save and except for Lot 4120A which can have a maximum of 2.