1. OFFICIAL
PLAN, ZONING AND SUBDIVISION - 988 TERON ROAD
PLAN OFFICIEL, ZONAGE ET LOTISSEMENT : 988, CHEMIN
TERON
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COMMITTEE
RECOMMENDATIONS
That Council approve and adopt an amendment to:
1. the
Official Plan of the former City of Kanata to redesignate 988 Teron Road from
"Highway Commercial" to "Residential High Density", as
detailed in Document No. 2.
2. Zoning
By-law of the former City of Kanata to rezone 988 Teron Road from "Highway
Commercial-Exception" to "Residential Type 4B-Exception", as
detailed in Document No. 3.
RECOMMANDATIONS DU
COMITÉ
Que le
Conseil municipal approuve et d'adopter une modification au :
1. Plan officiel de l'ancienne Ville
de Kanata en vue de changer la désignation de la propriété située au 988,
chemin Teron de " zone de commerce routier " à " zone
résidentielle à haute densité " , comme le précise le document 2;
2. règlement municipal de zonage de
l'ancienne Ville de Kanata en vue de modifier le zonage de la propriété située
au 988, chemin Teron de " zone de commerce routier à exception " à
" zone résidentielle de type 4B à exception ", comme le précise le
document 3.
Documentation
1. Development
Services Department General Manager’s report dated 14 October 2003
(ACS2003-DEV-APR-0208).
2. Extract of Draft Minutes, 23 October
2003.
Report to/Rapport
au :
Planning
and Development Committee
Comité de l'urbanisme et de l'aménagement
and Council / et au Conseil
14 October 2003 / le 14 octobre
2003
Submitted by/Soumis par : Ned Lathrop, General
Manager/Directeur général,
Development Services/Services d'aménagement
Contact Person/Personne ressource : Grant Lindsay,
Manager / Gestionnaire
Development Approvals / Approbation des demandes d'aménagement
(613) 580-2424 x13242, Grant.Lindsay@ottawa.ca
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Ref N°: ACS2003-DEV-APR-0208
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SUBJECT:
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OFFICIAL PLAN, ZONING AND SUBDIVISION - 988 TERON
ROAD (FILE NO. D01-01-03-0017;
D02-02-03-0109; D07-16-03-0028)
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OBJET
:
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PLAN
OFFICIEL, ZONAGE ET LOTISSEMENT : 988, CHEMIN TERON (NO DE DOSSIER :
D01-01-03-0017, D02-02-03-0109, D07-16-03-0028
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REPORT RECOMMENDATIONS
That the Planning and
Development Committee recommend that Council approve and adopt an amendment to:
1. the Official Plan of the former City of Kanata to
redesignate 988 Teron Road from "Highway Commercial" to
"Residential High Density", as detailed in Document No. 2.
2. Zoning By-law of the former City of Kanata to rezone 988
Teron Road from "Highway Commercial-Exception" to "Residential
Type 4B-Exception", as detailed in Document No. 3.
RECOMMANDATIONS DU RAPPORT
Que le Comité de
l'urbanisme et de l'aménagement recommande au Conseil municipal d'approuver et
d'adopter une modification au :
1. Plan officiel de l'ancienne Ville de
Kanata en vue de changer la désignation de la propriété située au 988, chemin
Teron de " zone de commerce routier " à " zone résidentielle à
haute densité " , comme le précise le document 2;
2. règlement municipal de zonage de
l'ancienne Ville de Kanata en vue de modifier le zonage de la propriété située
au 988, chemin Teron de " zone de commerce routier à exception " à
" zone résidentielle de type 4B à exception ", comme le précise le
document 3.
BACKGROUND
The subject property is
located at the northwest intersection of Teron Road and The Parkway. It has an area of 0.32 hectares and is
currently vacant, but was previously developed with a gasoline service station
that has been removed. The site is
bound by a church to the north and a small passive forested park, Casgrain Park
to the west. On the south side of The
Parkway is a Post Office, and residential townhouse development is located to
the east on the opposite side of Teron Road.
The applications propose the
development of 18 freehold townhouse units on a private street/courtyard. There will be one vehicular access to the
site from The Parkway. All units will
be three storeys in height, have single-car garages and will contain second
storey decks as the primary outdoor amenity area.
The former Regional Official
Plan (ROP) Designation is "General Urban Area". No change is proposed to this designation as
both the currently permitted commercial use and proposed resdential use are
permitted within the "General Urban Area" designation.
The proposed amendment to
the Kanata Official Plan would re-designate the land from a "Highway
Commercial" Designation to a "High Density Residential"
designation. The proposed Official Plan
Amendment would also increase the maximum density for a "High Density"
residential use from 49.5 to 56 dwelling units per gross hectare.
The proposed Zoning By-law
Amendment would rezone the land from an "Automotive
Commercial-Exception" zone to a "Residential Type 4B-Exception"
zone to permit a residential townhouse development on a private street.
The previous gasoline
service station was developed with private services. The proposed residential develoment will connect to full
municipal services located within reasonable proximity along The Parkway.
Traffic estimates for
vehicles leaving the site during the a.m. peak period are anticipated to be
approximately 9 vehicles. The traffic
impacts resulting from the specific proposal are neglible. A noise study has been prepared in
conjunction with the application for Site Plan Control Approval.
The subdivision application
is considered to be a technical requirement to create a block on a registered
plan of subdivision. The owner has also
submitted an application for lifting of Part Lot Control to allow the townhouse
units to be sold as freehold.
Rationale
New City of Ottawa Official
Plan:
The City Council Approved
Official Plan encourages infill and redevelopment and contains specific
policies to guide infill development and ensure some compatibility between new
and existing development. Specifically,
the policies direct that certain design elements of a proposed development can
help mitigate any potential negative impacts that could otherwise be caused by
variations between the appearances of the infill development and the
surrounding area, particularly with respect to height, building mass,
proportion, street setback and distance between buildings. These policies can be implemented with
respect to this proposal through both the site specific zoning by-law
amendment, attached as Document No. 3 and through the Site Plan Control
approval application. The proposed Site
Plan is included as Document No. 4.
The proposed Zoning By-law
Amendment would permit the infill development to differ from the surrounding
area with respect to setbacks from the street.
However, as suggested within Official Plan policies, the materials,
textures and colours used in wall treatments, the form of the roof, and the
landscape treatment to be provided through the Site Plan will assist in
compensating for the variation in setback from the street to be set by the
proposed Zoning By-law Amendment.
The design of the project is
sympathetic to the character of the surrounding established neighbourhood of
Beaverbrook. Thirteen of the 18 units abut heavily treed areas in Casgrain Park
to the west and the Pentecostal Church property to the north. The five units
abutting Teron Road will be screened from the street with new landscape
planting. The architecture of the units incorporates many design features which
establish the context of this development within the Beaverbrook
Community. Details include low-sloped
roofs, wide overhangs, and earth-toned brick and stucco exterior materials, all
of which are common to the Beaverbrook Community.
Like most of the surrounding area, the proposed townhouses present
a low profile roofscape. The
landscaping design includes ample tree and shrub planting to establish a natural
environment appearance, preserving existing trees where possible, and adding a
granite boulder entrance feature which is intended to reflect the existing
natural rock outcrops in the area.
Official Plan of the Former
City of Kanata:
The proposed amendment to
the former City of Kanata Official Plan would redesignate the subject site from
a "Highway Commercial" designation to a "Residential High
Density" designation. The
re-designation of this site is in conformity with the relevant
"Residential" policies of the Official Plan of the former City of
Kanata. High Density uses are
encouraged to locate within the community core at the intersection of Teron
Road and Beaverbrook Road, wherever possible.
Such uses are also encouraged to locate adjacent to Major and Minor
Arterial Roads. The subject site is not
within the Community Core, but is located approximately 500 metres to the south
along Teron Road, which is a minor arterial road. Official Plan policies also require access for High Density
Residential sites to be provided by Neighbourhood Collectors or Minor
Arterials. The site will take access
from The Parkway, which is a Neighbourhood Collector.
Former Regional Official
Plan:
The proposed amendment would
facilitate redevelopment and infill of this former gas station site to permit
high-density residential development.
This is in keeping with "Infill and Redevelopment" policies of
the former Regional Official Plan. In
particular, Policy 3.2.7 a) requires that infill and redevelopment be
permitted, where appropriate, along roads with all-day, frequent transit
service. Teron Road, being a minor
arterial road, provides this level of transit service.
Proposed Zoning By-law
Amendment:
All parking is provided
on-site, with no garage doors or driveways directly accessing the public
streets. The proposed zoning by-law
amendment employs the parking standard used in all Kanata zoning by-laws for
multiple-attached residential development, at a total of 1.75 spaces per
unit. No change is proposed to the
typcial parking standard in an R4B zone.
However, the size of a parking space will be reduced from the usual 6.0
metre length to 5.5 metres. The shorter
parking space is already permitted in all single-detached residential zones in
Kanata. The proposed site plan
indicates the shorter parking space dimension will be adequate.
Eighteen townhomes are
proposed to be developed on the site.
The density of the proposed development is therefore 56 dwellings per
hectare. The maximum density permitted
within the City of Kanata Official Plan is 49.5 units for High Density
residential development in the Beaverbrook Community. The proposed Official Plan Amendment would therefore increase
this number to 56 to permit the 18 units.
The proposed Zoning By-law Amendment creates a new R4B-Exception
zone, being R4B-2. The zone implements
a maximum density of 56 dwelling units per hecatare or a total of 18 dwelling
units. Setbacks from the public street
are reduced from the standard R4B zone from 6.0 metres to 3.0 metres in the
front and exterior side yards.
Similarly, interior side yards and rear yards are reduced from 6.0
metres each to 1.2 metres. The
reduction to the yard will also accommodate the second storey deck projections
into these yards. The maximum permitted
height of buildings is increased by 0.2 metres, from 10.5 metres to 10.7
metres. In addition, the standard R4B
zone requires that landscaped buffers be provided between a paved parking area
and the street or abutting yard. The
proposed amendment will reduce the buffer to 0.0 metres. However, through the site plan control
approval process, fencing or landscaping within the right of way will be
provided as a screening measure. The
owner will be required to enter into an agreement regarding the encroachment
and maintenance of the landscape feature.
The proposed zone provisions are listed in Document No. 3.
There are several existing
medium and high density residential developments in Beaverbrook located along
Teron Road. However, unlike the
proposed development, these existing developments are generally surrounded with
a substantial amount of greenspace. Their
densities range from 25 to 39 units per gross hecatare for similar townhouse developments. An apartment building with a permitted
density of 65 units per hectare is located nearby to the south of the subject
site, also fronting on Teron Road.
The proposed R4B-Exception
zone permits a maximum building height of 10.5 metres, which is 0.2 metres
higher than what is permitted by the standard R4B zone. The site is bound on two sides by mature
forest which will provide substantial screening of the homes from residential
properties to the west on Casgrain Court.
The Atriums apartment building to the south is zoned with a height limit
of 35.0 metres.
Conclusions
The proposed 18 unit
townhouse development is an appropriate redevelopment of a previous gasoline
service station site. The currently
permitted uses are commercial-automotive in nature and include a service
station, a car wash, and a car and truck leasing/rental establishment. Other uses in the immediate area include
parks, a school, a post office and residential development of various
densities. While the building setbacks
proposed by this development are less than those employed by other nearby
developments, the architectural design and landscaping contained in the
proposal helps to provide compatibility with the surrounding area. The proposed Official Plan Amendment and
Zoning By-law Amendment, attached as Documents 2 and 3 are in conformity with
"Infill and Redevelopment" policies of both the former Regional
Official Plan and the new City of Ottawa Official Plan.
ENVIRONMENTAL IMPLICATIONS
The site was previously
developed and occupied by a gasoline service station which has been
removed. A Phase II Environmental
Assessment has been submitted as part of the application package. The report indicates that a small amount of
clean-up will be required and amounts to approximately fifty cubic feet of
soil. In accordance with the current
Regional Official Plan policies, the requirement to complete the site-cleanup
will be a condition of Site Plan Approval wherein the cleanup must be completed
prior to the issuance of a building permit.
CONSULTATION
The Planning and Development
Committee meeting is also serving as the required public meeting (Section 51 of
the Planning Act) for the Draft Plan of Subdivision at 988 Teron Road. The required public notice was sent by mail
and posted on the on-site notice signs.
Notice of this application
was carried out in accordance with the City's Public Notification and
Consultation Policy. Information signs were posted on-site indicating the
nature of the application. The Ward
Councillor is aware of this application and the staff recommendation.
The issues can be summarized
as follows:
Residents have expressed
concern over the density of the development at 18 units, and have suggested the
number be reduced to allow for more greenspace and additional on-site parking. They are also concerned about the
three-storey height of the buildings.
Residents suggest the proposal employ the standard R4B zone provisions,
rather than creating an exception R4B zone that reduces yard setbacks and
increases the height of buildings.
Staff find the proposed
development to be appropriate for the site at this location. It is well screened and setback from the
surrounding residential properties. The
architecture of the buildings and landscaping to be provided through the Site
Plan Control approval process will further address the compatibility of the
proposal with the surrounding area.
Detailed responses to the
notification and circulation are provided in Document 5.
FINANCIAL IMPLICATIONS
N/A
APPLICATION PROCESS TIMELINE
STATUS
This application was
processed within the timeframe established for the processing of Official Plan
Amendments and Zoning By-law Amendments.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Proposed Official
Plan Amendment
Document 3 Proposed Zoning
By-law Amendment
Document 4 Proposed Site Plan
Document 5 Consultation
Details
DISPOSITION
Department of Corporate
Services, Secretariat Services to notify the owner (1202412 Ontario Ltd.,
Attention: John McDougall, 117
Centrepointe Drive, Nepean, ON K2G
5X3), applicant (Kathleen Willis Consulting Ltd., 6393 Roslyn Street, Orleans,
ON K1G 2Z9), All Signs, 8692 Russell
Road, Navan, ON K4B 1J1, and the
Program Manager, Assessment, Department of Corporate Services of City Council's
decision.
Department of Development
Services to prepare the implementing by-law and forward to Legal Services Branch,
and undertake the statutory notification amendment to the Official Plan of of
the former City of Kanata, and to Zoning By-Law 55-95 of the former City of
Kanata.
Department of Corporate
Services, Legal Services Branch to forward the implementing by-law to City
Council.
LOCATION MAP Document
1
PROPOSED OFFICIAL PLAN
AMENDMENT Document
2
DRAFT
AMENDMENT
NO. 74
OFFICIAL
PLAN
OF
THE CITY OF KANATA
COMPONENTS
Part A - The Preamble does not
constitute part of this Amendment.
Part B - The Amendment, consisting of
the following text and map (designated Schedule “A”), constitutes Amendment No.
74 to the Official Plan of the former City of Kanata.
PART A - THE PREAMBLE
1. Purpose
The purpose of this
Amendment is to change the land use designation of lands shown on Schedule “A”,
being a part of Schedule “B” to the Official Plan of the former City of Kanata,
from “Highway Commercial” (CHY) to “Residential High Density” (RH).
2. Location
The lands affected by this
Amendment are located at the northwest corner of Teron Road and The Parkway in
the Beaverbrook Community. The parcel
of land covers an area of 0.34 hectares and is municipally known as 988 Teron
Road.
The lands affected by the
Amendment are highlighted on Schedule “A” to this Amendment, which is a portion
of Schedule “B”, Urban Area - Land Use,
to the Official Plan of the former City of Kanata. The change in land use designation from “Highway Commercial” to
“Residential High Density”, is described in the Purpose section of the
Amendment, and reflected on Schedule “A” to this Amendment.
3. Basis
This amendment
re-designates the subject site from a “Highway Commercial” designation to a
“Residential High Density” designation.
The
re-designation of this site to a “Residential High Density” designation is in
conformity with the relevant “Residential” policies of the Official Plan. High Density uses are encouraged to locate
within the community core at the intersection of Teron Road and Beaverbrook
Road, wherever possible. Such uses are
also encouraged to locate adjacent to Major and Minor Arterial Roads. The subject site is not within the Community
Core, but is located approximately 500 metres to the south along Teron
Road. The site will take access from
The Parkway, which is a Neighbourhood Collector.
The Official Plan
Amendment would facilitate redevelopment and infill of this former gas station
site to permit high density residential development. This is in keeping with “Infill and Redevelopment” policies of
the former Regional Official Plan. In
particular, Policy 3.2.7 a) requires that infill and redevelopment be
permitted, where appropriate, along roads with all-day, frequent transit service. Teron Road provides this level of transit
service.
The new City of
Ottawa Official Plan similarly encourages infill and redevelopment and contains
specific policies to guide infill development and ensure some compatibility
between new and existing development.
The policies can be implemented through the site specific zoning by-law
amendment and the Site Plan Control approval application. Development standards will be set in the
implementing zoning by-law to permit development of only the specific residential
use proposed by the associated Site Plan Application.
PART B - THE AMENDMENT
1. Introduction
All of this part of this
document entitled Part B - The Amendment, consisting of the following text and
the attached map designated Schedule “A” to Amendment No. 74 (Urban Area- Land
Use), constitutes Amendment No. 74 to the Official Plan of the former City of
Kanata.
2. Details
The following changes are
hereby made to the Official Plan of the former City of Kanata:
1. That Schedule “B”
- Urban Area - Land Use is hereby amended by deleting the designation “CHY” on
said Schedule “B” insofar as it applies to the lands identified on Schedule “A”
to this Amendment, and substituting therefore the designation “RH” as shown on
Schedule “A” to this Amendment.
2. That Table “2” – Residential Densities is hereby amended
by changing the upper limit of #3. “High Density” from “49.5” to “56” for
Katimavik and Beaverbrook.
3. Implementation
The implementation of this
Amendment to the Official Plan shall be in accordance with the respective
policies of the Official Plan of the City of Kanata, and with the provisions of
By-law 55-95, as amended, being the Zoning By-law for the Beaverbrook
Community.
PROPOSED ZONING BY-LAW AMENDMENT Document
3
Proposed Zoning Details:
R4B-2
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DEVELOPMENT STANDARD
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R4B
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R4B-2
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Permitted Uses
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Multiple-attached dwelling
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Same
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Lot Area
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4,000 square metres
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3177 square metres
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Lot Frontage
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30.0 metres
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Same
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Front Yard Depth
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6.0 metres
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3.0 metres
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Exterior Side Yard Width
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6.0 metres
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3.0 metres
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Rear Yard Depth
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6.0 metres
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1.2 metres
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Interior Side Yard Width
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6.0 metres
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1.2 metres
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Coverage
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40%
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Same
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Net Floor Area
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75.0 square metres per dwelling unit
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Same
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Building Height
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10.5 metres
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10.7 metres
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Building Separation
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3.0 metres
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Same
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Density
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“no greater than the existing density”
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56 units per gross hectare
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Amenity Area
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37 square metres (minimum)
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Minimum not applicable - To be provided by decks only
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GENERAL PROVISIONS
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Buffering and Landscaped Open Space
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Requires 4.5 metres buffer between off street parking and the street
Requires 4.5 metre buffer between R3A zone (church)
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0.0 metres between
off-street parking and the street (landscaping to be provided in the ROW
through Site Plan Control Approval process)
0.0
metres between off-street parking and church; minimum 1.2 metre yard
buffer between main building and church (R3A zone)
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Fences
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1.2 metre high hedge required along exterior of chain link fencing
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Hedge screening not required (existing trees provide adequate
screening)
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Parking Area Regulations
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A parking space must be 6.0 metres long for multiple-attached
dwellings
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Parking space dimension reduced to 5.5 metres long
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Yard Encroachments
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Uncovered deck 1.0 metre or more above finished grade can project 1.5
metres into front or exterior side yard, but no closer to a rear lot line
than the horizontal distance equal to its height above finished grade
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No deck may encroach into any minimum yard
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PROPOSED SITE PLAN Document
4
CONSULTATION
DETAILS Document
5
NOTIFICATION AND
CONSULTATION PROCESS
Notification and
public consultation was undertaken in accordance with the Public Notification
and Public Consultation Policy approved by City Council for Official Plan
Amendments. The proposal was presented
to the Beaverbrook Community Assocation prior to submission of the applications
to the City. A second meeting was held
by the applicant with concerned residents.
This community meeting, hosted by the applicant was held on the evening
of September 10th, 2003.
PUBLIC COMMENTS
1. The density of development is too high.
Response: A diversity of residential densities and a mix of uses exists in
the surrounding area, including a post office, church, school and apartment
building.
2. The increase in height from 10.5 metres
to 10.7 metres (proposed 3-storeys) is too high.
Response: The site is well screened from the single-detached residential
properties to the east on Casgrain Court.
Screening is provided by the mature trees within Casgrain Park, creating
a forest buffer approximately 60 metres deep.
In addition, other nearby condominium townhouse developments contain
three-storey units.
3. The density, height, and design is
totally out of character with the neighbourhood.
Response: The architecture of the buildings has been designed to make the
units compatible with surrounding architecutre, employing neutral colours,
low-sloped roofs, wide overhangs, and brick and stucco cladding.
4. Insufficient parking is provided
on-site.
Response: The parking to be provided on-site is consistent with the
requriement for the standard R4B zone.
No change is proposed through the Zoning By-law Amendment to reduce the
required parking for this use.
5. Setbacks from the property line should
be a minimum of 6.0 metres.
Response: The proposal incorporates landscape planting and buffers, as well
as architectural design elements that should assist in minimizing impacts of
the reduced yards. The public concern
with respect to reduced yards seems to be related to the potential loss of
privacy resulting from the second-storey decks. However, the decks are either internal to the courtyard or are
situated a significant distance (60 metres) from nearby residential properties.
6. The black vinyl-coated peripheral
fencing along two sides of the site should be screened cedar hedge.
Response: This is the general standard in Beaverbrook. However, it is inappropriate in this case as
the fence will be well screened by existing forest along Casgrain Park and the
church site. The forest will allow the
fence to be camouflaged, while a planted hedge will cause it to become more
noticeable.
Further, when the City's new Fence
By-law was approved, there was no provision for hedging to be required. A future Zoning By-law Amendment will likely
propose the deletion of this requirement.
September 10, 2003 - PUBLIC
MEETING COMMENTS
A meeting was held by the
developer at their office at 5:00 p.m. on September 10, 2003. Those who had contacted the City with
concerns about the proposal were invited to the meeting by hand delivered mail. Residents voiced the same concerns as were
expressed in their letters and e-mails, identified above.
COUNCILLOR’S COMMENTS
The Councillor requested
that the applicant meet with concerned residents to review the concerns raised.
COMMUNITY ORGANIZATION
COMMENTS
The Beaverbrook Community
Association submitted written comments on the proposal, dated July 31,
2003. The concerns expressed within
their letter pertain to the density of the development and a shortage of
visitor parking. The BCA proposes the
reduction by 2 units to reduce the density to one which they feel could be more
compatible with the surrounding area, and would also provide additional space
on site for more visitor parking.
Concern was also raised with
respect to the colour of proposed stucco on the buildings, the desired colour
being "creamy brown" in order to blend with the surrounding area; and
the use of black vinyl-coated fencing.
It is requested that the fencing be screened by cedar hedge.
1. OFFICIAL PLAN, ZONING AND SUBDIVISION -
988 TERON ROAD
PLAN OFFICIEL, ZONAGE ET LOTISSEMENT : 988, CHEMIN TERON
Chair Hunter
began by reading a statement required under the Planning Act, which advised that anyone who intended to appeal the
proposed Official Plan and Zoning By-law Amendment to the Ontario Municipal
Board (OMB), must either voice their objections at the public meeting, or
submit their comments in writing prior to the amendment being adopted by City
Council. Failure to do so could result in refusal/dismissal of the appeal by
the OMB.
Councillor Munter
advised he had spoken with representatives from the residents group, community
association, developer and planner on the file as well as the Chair in the hope
of resolving the issue to everyone’s satisfaction. In this regard, Councillor Munter and those present would retire
to the Keefer Room. The Committee would
be advised of any resolution accordingly.
If that was not possible, then due process would be followed and
everyone could make their representations.
The Committee agreed to return to the item at such time as the
discussion concluded and immediately upon the conclusion of the item under
discussion.
Moved by
Councillor A. Munter:
That the item be deferred to allow further
discussion in the Keefer Room.
CARRIED
Upon the
conclusion of Item 2, Councillor Munter advised that consensus could not be
reached.
Grant Lindsay,
Manager, Development Approvals, advised that Lauren Reeves, Planner, would
provide a brief overview on the issues and was available to respond to any
questions. In essence, the use of the
property is not in question, but it is the extent, size and scope of the
development that is of significant concern.
Ms. Reeves advised that over and above the Official Plan (OP) and Zoning
Amendment, staff received and is currently dealing with the Draft Plan of
Subdivision and Site Plan Control Approval.
Councillor Cullen
was informed by Mr. Lindsay that the exception to the zoning to permit a higher
height limit is solely to accommodate the design of a roof structure to be more
sympathetic with the Beaverbrook community.
On the matter of
possible traffic generated and given the parcel is at an intersection,
Councillor Stavinga noted one access and recognized the analysis suggested nine
vehicles will not create an impact, but questioned the possibility of stacking,
given the proximity to the intersection.
Ms. Reeves reported the entrance met the required setback of 30m and has
been reviewed with nine vehicles entering or exiting at peak period and
stacking was not a concern. Councillor
Stavinga inquired if traffic generation is greater with a commercial
establishment such as a service station as opposed to residential. Ms. Reeves advised that the service station
had two accesses and as a commercial use generated a higher volume.
The Committee
heard from the following delegations:
Chair Hunter drew
the Committee’s attention to the number of written presentations received from
individuals who could not be in attendance. as noted below:
·
E-mail from Gerry Holt dated 21 October 2003 in opposition
·
E-mail from Brent Marshall dated 21 October 2003 in opposition
·
E-mail from Ruth Kadolph dated 22 October 2003 in opposition
·
Letter dated 22 October 2003 from Barbara Anne Bellomo in opposition
·
Letter dated 22 October 2003 from Susan and Robert Love in opposition
Joe Bedford, on
behalf of concerned citizens, provided a comprehensive PowerPoint presentation in
opposition, a copy of which was circulated to the Committee and is held on file
with the City Clerk. Mr. Bedford also
presented a petition with 400 signatures in opposition to the proposal, and
thanked the Committee and Councillor Munter for his efforts in trying to reach
a compromise on the matter. The
community does support the principle of infill on this particular lot, but not
the magnitude proposed.
The petition
stated:
“We, the
concerned residents of Ottawa, oppose the rezoning from CA1 (Commercial
Automotive) to R4B-2 (high density, non-apartment zoning) and the current
development plans for an 18-unit 3-story townhouse development at 988 Teron
Road, Kanata, Ontario. We urge the City
of Ottawa Planning and Development Committee to DENY approval of the proposed
rezoning and development plan. We would
consider supporting a less dense rezoning of the property on the condition that
the development plan fits into the existing character of the immediate
neighbourhood in Beaverbrook.”
Some key points:
·
Regional OP (ROP) (Para. 3.2.8) and the new OP (Para. 2.5) encourage
infill, but state it must be compatible; R4B-2 is not compatible; adjacent
residences are all R1A, with adjacent commercial and institutional low
buildings
·
Salter contains 3-storey homes in a medium density environment, 200m
away with two-storey buildings adjacent to Teron and 15m from property line;
three-storey building nearest to Teron is 30m from line
·
Parking inadequate; density 56 / hectare vs. current highest 35-45
·
This infill works in Oaks of Island Park, with dead end street; room
for overflow parking on street; surrounded by apartment buildings, parking
lots, institutional and other high-density developments; no single-family homes
nearby
·
Environmental Assessment; diesel contamination; 50 cubic metres must be
removed (not 50 cubic feet); ground water contamination testing not completed
·
Medium density R3B would fit (Plan “B”) with fewer homes, lower,
height, etc.
·
Residents would accept developer’s plan with the following
modifications (Plan “C”):
·
Reduce height of block backing onto Teron to two-storeys
·
Remove one unit from block siding Teron
·
Remove one unit from block siding The Parkway
Mr. Bedford
provided photographs of the subject site and superimposed the proposal for the
Committee’s benefit. He provided a
table with a comparison between R4B and R4B-2 and exceptions. His Mr. Bedford asked the Committee to
reject the existing proposal.
Beaverbrook is not the City core, but a bedroom community. He also asked that Site Plan Approval be
withheld until the new Council is in place.
Vice-Chair
Stavinga Chaired the next portion of this item.
Tzong T. Chen provided a
written presentation, dated 21 October 2003, in opposition that was circulated
and is held on file with the City Clerk.
In summary, Mr. Chen pointed out he was against the new zone to satisfy
the builder’s demands, which sets a precedent for possible future
developments. Secondly, if one compares
the R4B-2 to R4B, which is the highest density in the
Beaverbrook-Katimavik-Kanata area, the requirements in many cases are reduced
significantly and in some instances to zero.
This is an infill project that should harmonize with the existing
neighbourhood structure. The proposed
development is 200 feet from the Earl of March High School. There is a problem with sewer backup since
the current sewer system is insufficient with some existing residents having
experienced sewer backup problems.
Another problem is site clean up since the proposed site is a former
ESSO gas station. The residents of
Casgrain Court did not object to the rezoning, but did object to the high
density, building height and lack of parking space proposed by Uniform
Developments. Mr. Chen also provided a
copy of a letter he submitted to Ms. Reeves dated 11 August 2003, which was
circulated and is also held on file with the City Clerk.
Sue Baker Luckock provided a
comprehensive written submission in opposition to the proposed development that
was circulated to the Committee and is held on file with the City Clerk. Ms. Luckock lives directly across the street
from the proposed development and fully agreed with Mr. Bedford’s points. Ms. Luckock pointed out some errors
contained in the report before Committee.
Some of her comments are summarized as follows:
·
Contrary to information contained in the report the nearest townhouses
are nearly one block from the subject site
·
Residents on the west side of Banting Crescent, directly affected, were
not consulted
·
Increasing the density to 56 units/ha. is a 43-124% increase
·
Negative impact on property values
·
Comparable developments are located up to 200 metres away from the
subject property
·
Reject the proposed application
Councillor Munter
clarified a comment attributed to him in the previous presentation related to a
remark that “someone has a right to make money”, which is not the case. For the record, he clarified that the
economic realities of the sight, which he was not familiar with, mean that in
the context of trying to find a compromise that would avoid the matter rising
to the OMB, which was his priority, the developer would not likely accept a
compromise that would result in a loss or inadequate return on their investment. He did not believe any developer has a
constitutional right to make money.
Ron Tolmie and
Fred Boyd, Immediate Past President, Kanata Beaverbrook Community Association, provided a
detailed written submission, in opposition, that was circulated and is held on
file with the City Clerk. Mr. Boyd
noted there are considerable rental units in Kanata, which provide affordable
accommodation for residents. There is a
fear that if the zoning is changed it opens the door for developers to the
possibility of converting these rental units and re-building at a higher
density, thereby removing affordable housing.
He reiterated their concern with the OPA, the proposed variation of a
zoning that might otherwise be acceptable is in their mind incompatible with the
character of the distinctive Beaverbrook community; and, on that basis, the
Association adds their voices to the local residents to refuse this
application. Mr. Tolmie emphasized that
the community would like to see infill that conforms to the established
standards. R4B is the closest standard
that allows the highest possible density, although the lot is smaller than the
R4B requirements at 3,200 vs. 4,000, which is not a problem. But, it would be extremely dangerous to
create a new zoning definition that allows a very high density with exceptions
almost across the board. 13 of the 18
parameters in the definition of the zone are amended. This creates a serious situation for Beaverbrook as a whole
because, as mentioned by Mr. Boyd, there are a substantial number of affordable
housing areas in Beaverbrook. If a
developer knows he can put in 56 upscale dwellings/ha., he will be changing
Beaverbrook in a major way, which is a concern for the entire community.
On the issue of
affordable and social housing, Councillor Munter advised that the City had just
won a major victory at the Ontario Court of Appeal, with the Cities of Toronto
and Hamilton, that protects the City’s OP policies to prevent the demolition
and conversion of rental housing when the vacancy rate falls below 3.
Grant W. Johnston advised that
Kanata residents were facing an extremely difficult problem trying to replace
Councillor Munter, who in the eyes of its residents is 40 feet tall and wears
size 16 shoes. As a result, community
associations, residents and candidates came together unanimously to ask the
Committee to reject the proposed rezoning.
Basically, the developer has ignored zoning requirements, compatibility,
etc. with a development that maximizes profit, regardless of the community. Unfortunately, rather than review those
against zoning standards, by-laws, etc. the department has recommended approval
of the application.
Carole Quirk (Mrs. Joe
Bedford) circulated the petition presented by Mr. Bedford. She communicated the situation to the
neighbourhood. In doing so she met many
residents who were overwhelmingly puzzled by and against the proposal. As she canvassed the community she received
a number of comments that she shared with the Committee since not everyone
could attend today’s meeting, as follows:
·
R4B-2 is radically different from R4B; e.g. higher density, closer to
lot lines, etc.
·
What is the point in having zoning by-laws in the first place?
·
It sets a precedent; e.g. what prevents someone from purchasing three
adjoining lots and building a cliff of townhouses?
·
There has been compatible infill in the area, but this development is
not.
·
Screening – proposed trees are deciduous, not evergreens and will lose
their leaves, reducing screening in the fall/winter months.
·
It is presumptuous that the Uniform web site advertises this
development.
·
The Oaks previously referred to are compatible within its environs and
surrounded by pavement and five high-rise buildings; that type of development
does not work well on a small lot at Teron and Parkway.
·
Build something more like the two storeys at Alta Vista.
·
Increased noise and traffic are not an issue since Teron Road is a main
conduit between the 417, the business park and housing divisions to the North.
·
There may be safety issues, with the overflow onto the parkway and the
nearby school
·
Residents moved into Beaverbook because of an established neighbourhood
·
Substantial opposition to the development.
Kathleen Willis and
John MacDougall, Vice-President, Uniform Urban Developments.
Ms. Willis indicated that after careful review Uniform concurred with
the staff recommendations. The City has
made it abundantly clear it is committed to residential infill development,
which is entrenched in the OP to accommodate projected growth within the urban
area. The norm in infill development is
to customize the zone to fit the development and it is imperative throughout
the approval process that the development be first-class. While the illustrated table was necessary to
demonstrate departures from an old zone, a different zone or an entirely new
zone could have been chosen to accommodate the requirements of this
development. While it is acknowledged
there will be some opposition in established neighbourhoods to infill and
intensification, the energy and extent of opposition is unexpected, when this
site is clearly ideal for intensification from a planning perspective. Uniform, an award-winning developer and a
niche infill builder, hired one of the best architects to bring forward a
proposal that matches the community. As
Ms. Reeves explained this is referred to as an eclectic neighbourhood in the
new OP where infill and intensification is supposedly an easier task. Ms. Willis referenced the 11-storey
apartment building to the south, which may be some distance away, the post
office and a wooded area zoned R5A-1, similar to the apartment building
zone. It is puzzling that from a
neighbourhood perspective, a three storey townhouse development would not fit
into the area and provided various plans and views in the neighbourhood. There is a two and three storey townhouse
development in Salter Square, to the southeast, with 8 units in a row whereas
the subject property has five.
In terms of
impact on neighbours, the closest distance from a rear yard on Casgrain Court
to the edge of the property is 150 feet, through a woodlot. She provided a photograph taken one week ago
from the subject site and the homes cannot be seen through the leafless trees
on Casgrain Court. There is a heavy
forested area to the north, immediately abutting the property. The staff report incorrectly identified
townhouses across the street, which does contain single-family homes and
provided photographs that depict the rear of these homes that are heavily
screened with mature trees, shrubs, fences and a berm. The OP addresses the idea of compatibility
of development with the surrounding area and suggests that where there are
departures from the surrounding area these can be mitigated through design
features. One area of potential
conflict or non-compatibility is building height. Uniform is requesting a 10.7m building height maximum from the
existing 10.5m height restriction, which results in a 20cm increase (7-8
inches) that is not discernable from the street, but does accommodate the
design. The 3m minimum distance between
buildings is maintained in this development.
The existing R4B was chosen with set-backs at 6m that would normally
apply for the Parkway and Teron frontage.
A 3m set-back was requested due to the two end units since setback must
be based on the minimum.
·
Cody co-op, referred to as an example of good development, is zoned
R3B, pursuant to the same by-law, with a front yard set back of 3.4m;
therefore, this reduction is not unusual to the community
·
On the Teron Road set-back, again 3m pertains to the minimum, which is
the end unit; the remaining yards are set-back 5m; the design does not
accommodate decks off the back yard, but from the front for the enjoyment of
the courtyard amenity.
·
On the two side yards, the requirement from 6m to 1.2m is deceptive,
since that is for the corner unit; the remainder are 4.26m; decks will be set
back a minimum of 1.2m from the lot line; the existing zone allows a balcony to
be up to .6m from a lot line
An earlier
Uniform proposal had a 10-storey, 70-unit condominium, which would have been
compatible with the objectives of the OP and allowed setbacks similar to that
requested by the community, but changes the form of the development
entirely. It should be recognized that
Uniform discarded that idea on the basis that it would not as acceptable to the
community as a sensitively designed three storey townhome development. The new OP adopted by City Council, but as
yet not approved by the Minister, does not require a density change; the former
Kanata OP has created this situation because of a disconnect between density on
a gross ha. basis and net net ha. basis.
This site is a net net site with the 56 units rather than a gross
calculation, which does not allow for proper comparison to another area in
Beaverbrook that takes into consideration parks, churches, roads, etc. Density is better governed by coverage and
height requirement.
The standard R4B 40% coverage requirement is not exceeded in this
development and the height difference is 20 cm. She asked the Committee to support the staff recommendation.
Chair Hunter
resumed the Chair and closed the Public Meeting with the matter returned to
Committee.
Councillor Munter
indicated that although the compromise was rejected by the residents and the
first part was reluctantly agreed to by the developer, he would move that
Motion regardless. It does mitigate
some, but not all of the residents’ concerns and places conditions on that
zoning that Uniform has already committed to at Site Plan, but make the zoning
contingent upon these conditions. He
asked for Committee support.
Councillor
Stavinga asked for clarification on the willingness of the proponent to
consider the compromise. Ms. Willis
noted Councillor Munter’s assessment of the situation was correct in that he
had presented a proposal to reduce the 18 units to 17. Each of the items were addressed as part of
that resolution and reluctantly accepted if it gained the support of the
community to allow the development to proceed without animosity. However, it was not accepted by the
community and if the matter is appealed to the Board, Uniform will return to
the 18-unit proposal. Councillor
Stavinga asked for clarification on the traffic and parking issues, access for
emergency vehicles and the capacity at the intersection of Teron and the
Parkway. Mr. Linsday advised that with
respect to parking, the proposal satisfies the zoning requirements in every
regard save and except the size of the parking space, which in Beaverbrook is
6m. in depth. Staff suggested it be
5.5m., consistent with the remainder of the former City of Kanata and
throughout the City of Ottawa. Access
for emergency vehicles is considered in detail at the site plan stage, which
includes circulation to Emergency Services, Fire, Police and Ambulance, who
will determine if the proposal meets their ability to gain access to the
site. If it does not, the site plan
would have to be modified to reflect the requirements. Regarding the intersection, a traditional
gas station would generate more access and egress traffic than the residential
development. The development does meet
City standards for set back from the intersection at 30m. There will be the appropriate site triangles
that have to be indicated on the formal site plan submission to insure there is
proper visibility and safety for anyone accessing and egressing that
development. Any landscaping would also
have to respect site lines in that regard.
With respect to parking spillage onto the street, visitor parking
satisfies the zoning requirement. He
would not guarantee there would not be any on street parking, which is a
possibility. Some communities welcome
on street parking as a form of traffic calming; however, if it becomes a
significant issue, proper signage and demarcation of appropriate on street
parking would be looked at. Councillor
Stavinga received confirmation from Mr. Morrison there is no problem as far as
sewer capacity is concerned. Past
difficulty with roots in the sewer system was resolved and the project will not
tax the sewer capacity.
Councillor
Stavinga was very familiar with the area, having lived in Kanata. This development is an ideal opportunity to
advance OP policies and she appreciated the community’s concerns, but the area
has collector roads, signalization and wonderful open space opportunities. Having said that, she would be supporting
the amendment. She hoped that between
this meeting and Council, Uniform rethinks its policy and arrives at a
conciliatory approach to the community by conceding to Councillor Munter’s
Motion, as opposed to appealing to the OMB.
The development will be good for the community as it relates to
architectural design and sensitivity to the surrounding area.
Councillor Hume
was not surprised at the intensity of opposition to intensification, having
experienced similar problems in his Ward and pointed out that any OMB appeals
that oppose intensification were lost.
The City has taken deliberate steps not to build in farmers’ fields or
greenfield developments and will intensify existing communities with higher
densities, which includes the entire urban area. Uniform Developments in his opinion has presented the best urban
intensification his Ward has seen, yet his community is fundamentally
opposed. There is the same opposition
in different communities. Once
developments are built, in most instances, the concerns never materialize. Reducing the units from 18 to 17 to add more
landscaping on a Regional Road is not good urban design. Although he empathized with the community,
the proposal before Committee is a solid proposal that meets the urban design
tests and OP intensification. The City
must continue to manage change and he encouraged the Committee to adopt the
subject proposal.
Chair Hunter urged
the Committee not to support the Motion, but to either support or reject the
staff recommendation. The applicant
originally requested a 70-unit condominium, which is now an 18-unit townhouse
development. Did the Committee want to
place itself in the position of not supporting the community or the staff
recommendation and appearing before the OMB with outside planners to defend a
Council position for the sake of one unit?
There is no justification. While
he respected Councillor Munter’s desire to arrive at a compromise, it did not
succeed.
Moved by
Councillor A. Munter:
That the proposed zoning by-law for 988 Teron Road
be amended to eliminate the proposed exemption from the standard R4B building
height limit, thus limiting building heights to 10.5 metres as is the case in
adjacent residential zones; and
Further that approval of the zoning by-law be
contingent on all of the following changes being made to the detailed site
plan:
·
Reduction of the
number of units from 18 to 17 through the deletion of unit #18 (unit closest to
the intersection of Teron Road and The Parkway);
·
Replace the
deleted unit with an extensive landscape screening at the corner of Teron Road
and the Parkway, with a minimum of 30 shrubs and 15 deciduous and coniferous
trees averaging four metres in height at the time of planting;
·
For the remaining 17 units, add an additional six parking spaces:
two additional designated visitor parking spaces and one additional space in
the driveway of each of the four units in Block 3;
·
Require earthtone
brick and stucco exteriors, similar to those commonly found in Beaverbrook;
·
Require hip roofs
and wide overhangs, similar to those commonly found in Beaverbrook;
·
Prohibit decks
facing Teron Road or the Parkway; and,
Further that Traffic and Parking Services of the
Transportation, Utilities and Public Works Department assess on-street parking
six months following the occupancy of the final unit and report to the Ward
Councillor on whether or no parking prohibitions are required on adjacent
streets.
And that no further notice be provided pursuant to
Section 34(17) of the Planning Act.
LOST
YEAS (3): Councillors Munter, Stavinga, Cullen
NAYS (5): Councillors Harder, Arnold, Little, Hume,
Hunter
The Committee
approved the departmental recommendations.
That the
Planning and Development Committee recommend that Council approve and adopt an
amendment to:
1. the Official Plan of the former City of
Kanata to redesignate 988 Teron Road from "Highway Commercial" to
"Residential High Density", as detailed in Document No. 2.
2. Zoning By-law of the former City of
Kanata to rezone 988 Teron Road from "Highway Commercial-Exception"
to "Residential Type 4B-Exception", as detailed in Document No. 3.
CARRIED
Include the documents that are applicable to this report