3.       ZONING - 2116 MONTREAL ROAD

ZONAGE - 2116, CHEMIN MONTREAL


 

 

Committee recommendation as amended

 

That Council approve an amendment to the former Gloucester Zoning-Law to change the zoning of 2116 Montreal Road from Co(0.7/9) Commercial Office to Ra2(E'X') Residential Medium Density Apartment Exception as shown in Document 1 and as detailed in Document 2 and as amended by the following:

 

1)   That Document 2 (Details of Recommended Zoning) be amended to read “2) An interior lot line setback abutting residential zones of 11 metres”;

 

2)   That the applicant endeavour to increase the landscaping and tree buffering within the amended interior lot line setback in order to address privacy concerns; and,

 

3)   That the implementing By-law not be forwarded to City Council for enactment until such time as the related Site Plan Control Application has been approved.

 

 

 

Recommandation modifiÉe du Comité

 

Que le Conseil approuve une modification au Règlement de zonage de l’ancienne Ville de Gloucester en vue de changer le zonage du 2116, chemin Montréal de Co(0.7/9) zone de bureaux commerciaux à Ra2(E’X’) zone résidentielle d’immeubles d’habitation à densité moyenne assortie d’une exception, tel qu’il est indiqué dans le document 1 et expliqué en détail dans le document 2,  et modifié comme suit :

 

1)   que le Document 2 (Détails du zonage recommandé) soit modifié comme suit : « 2) Une marge de reculement interne de 11 mètres pour la ligne de lot  adjacente aux zones résidentielles »;

 

2)   que le requérant prenne des mesures pour protéger la vie privée en créant une zone tampon plus efficace au moyen d’aménagements paysagers et d’arbres à l’intérieur de la nouvelle marge de reculement interne pour la ligne de lot;

 

3)   que le règlement d’exécution soit transmis au Conseil municipal pour promulgation après l’approbation du plan d’implantation.

 

 

 

 

 

 

Documentation

 

1.         Deputy City Manager's report (Planning and Growth Management) dated
13 December 2005 (ACS2006-PGM-APR-0015).

 

2.         Extract of Draft Minute, 10 January 2006.

 



Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

13 December 2005 / le 13 décembre 2005

 

Submitted by/Soumis par :  Ned Lathrop, Deputy City Manager /

Directeur municipal adjoint

Planning and Growth Management / Urbanisme et Gestion de la croissance  

 

Contact Person/Personne ressource : Karen Currie, Manager / Gestionnaire

Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424 x28310, Karen.Currie@ottawa.ca

 

Beacon Hill-Cyrville (11)

Ref N°: ACS2006-PGM-APR-0015

 

 

SUBJECT:

ZONING - 2116 Montreal Road (FILE NO. D02-02-05-0101)

 

 

OBJET :

ZONAGE - 2116, CHEMIN MONTREAL (dossier NO. D02-02-05-0101)

 

 

REPORT RECOMMENDATION

[U1] 

That the Planning and Environment Committee recommend Council approve an amendment to the former Gloucester Zoning-Law to change the zoning of 2116 Montreal Road from Co(0.7/9) Commercial Office to Ra2(E'X') Residential Medium Density Apartment Exception as shown in Document 1 and as detailed in Document 2.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver une modification au Règlement de zonage de l’ancienne Ville de Gloucester en vue de changer le zonage du 2116, chemin Montréal de Co(0.7/9) zone de bureaux commerciaux à Ra2(E’X’) zone résidentielle d’immeubles d’habitation à densité moyenne assortie d’une exception, tel qu’il est indiqué dans le document 1 et expliqué en détail dans le document 2.

 

 

BACKGROUND

 

The property is at 2116 Montreal Road, on the east side of Miss Ottawa Street, with frontage on Lerner Way.  The former commercial nursery and grocery has been demolished and the site is currently vacant. There are single-family homes abutting the site on Lerner Way as well as to the south along Miss Ottawa Street (see Document 1).  Existing stacked townhouses are to the east and commercial uses fronting on Montreal Road are to the west of the site. Opposite the site on Montreal Road, there are townhouses.  The south side of Montreal Road between Ogilvie Road and Regional Road 174 has been subject to redevelopment for the past number of years.  At Ogilvie Road and Montreal Road, Council recently approved a zoning to allow a maximum residential density of 120 units per hectare with an Ra3 exception zone.  To the immediate east of the subject property is a stacked townhouse development that is just being completed.  Further east is a Tim Horton’s and then an orthodontic clinic.  Both the Miss Ottawa Street and Sinclair Street intersections with Montreal Road are signalized.

 

The applicant has requested that the site be rezoned from Co(0.7/9) Commercial Office zone to Ra2, Medium Density Apartment zone with an exception to reduce the easterly side yard setback  to 4.7 metres. This would enable a proposal consisting of approximately 42 stacked townhouse dwelling units and two entrances off of Miss Ottawa Street. This requested amendment would allow apartments as a main permitted use and amend the interior side yard.

 

 

DISCUSSION

 

Official Plan

 

The City Council Approved Official Plan identifies properties fronting onto this section of Montreal Road as Mainstreet, which has been further refined through OPA 28 as an Arterial Mainstreet.  The Mainstreet designation encourages intensification, with the Arterial Mainstreet encouraging the gradual transformation of the former automobile based uses and building forms to transition to more urban and intensive land uses and forms. Suggested height limits are in the order of eight storeys.

 

The former Regional Official Plan General Urban designation for this site contemplates a range of urban uses including commercial and residential uses and densities.

 

The former Gloucester Official Plan Activity Node designation looks to have a medium to high density mix of uses to form a community focal point and offer 2000 to 5000 jobs.  This Node includes lands on the south side of Montreal Road from Miss Ottawa Street east to Regional Road 174, extending south into the existing residential neighbourhood and including part of the Canotek Business Park that abuts Shefford Road at Montreal Road.

 

All designations encourage pedestrian, cycling and transit friendly development and design as well as contemplating a range of uses.  Infill and intensification on arterial roads, such as Montreal Road are encouraged.

 

The proposed use is in conformity with the Council Adopted Official Plan and Amendment 28 as it is supportive of an increase in residential density. The proposal also is consistent with the principles of the former Regional and Gloucester Official Plans.  The degree to which it matches some of the design components of the Official Plan will need to be addressed through the site plan control approval process.

 


Zoning

 

The existing zoning is a commercial office zone under the Gloucester Zoning By-law. The zone permits a possibility of over 3700 square metres of commercial office types of uses, plus conditional commercial uses of about 1200 square metres and an additional 1200 square metres of conditional residential uses.  Current height limits are up to 48 metres on the Montreal Road side of the property and 10.7 metres on the Lerner Way side of the property.  The setbacks from the interior lot line for residential buildings are 5.0 metres from the residential zone on Lerner Way and just over 7.0 metres for a commercial building 13.0 metres in height.

 

The requested Ra2 exception zone would allow residential uses as a main permitted use to permit 42 stacked townhouses.  That represents approximately 79 units per hectare which is within the density range of 60 to 120 units per hectare of the Ra2 zone.  The applicant also has requested that the side yard be reduced from one-half the building height (or about 6.5 metres) as required to 4.7 metres to allow for a utility and garbage enclosure room off the east end of the buildings that front on Lerner Way and Montreal Road. 

 

Issues

 

In reviewing the requested Zoning By-law amendment and the layout on the proposed site plan (see Document 5) staff are of the opinion that the change of use and the building form is generally appropriate for the site but that the zoning needs to be refined to ensure that the buildings' impact on the adjacent residential uses is minimized. 

 

At the request of staff, a sun-shade study was submitted in order to identify impacts on the abutting residential properties to the east.  Adjacent to the closest residence on Lerner Way, the current zone requires a setback of 7.0 metres and a maximum building height of 10.7 metres. The proposed building height is 12.4 metres and the setback requested would result in the main building being 6.25 metres from the residential lot. Staff recommend that the side yard setback,  where it abuts residential zones, be increased to 9.5 metres.  This setback might result in the loss of units in the development but would better respect the sun exposure of the adjacent homes.

 

The standard front yard setback for both the requested zone - Ra2 - as well as the single family zone on Lerner Way is 5.0 metres. 

 

Staff have reviewed the potential impacts of the proposed change of use from a commercial residential zone to a residential zone and determined that the existing traffic, sewer and water systems are of adequate capacity.  As a requirement of the site plan application a traffic assessment and  water and sewer servicing studies have been submitted.  These detailed reports and plans were under review at the time of writing this report, but on a preliminary basis staff  have confirmed that the existing systems are of adequate capacity.  The noise study submitted as a requirement of the site plan application was submitted to ensure the design of the buildings, and site can meet the Ministry of Environment Noise Guideline or will identify any necessary remediation.

 

Concurrent Applications for site plan approval and for condominium approval were submitted and were on circulation at the time of this report.

 

Staff are recommending that the zoning be amended to an Ra2 exception zone as detailed in Document 2. 

 

 

CONSULTATION

[U2] 

Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. The Ward Councillor is aware of this application and the staff recommendation. A Community Information Session was held on November 7, 2005 with approximately 37 people in attendance.

[U3] 

Detailed responses to the notification/circulation are provided in Document 3.

 

 

FINANCIAL IMPLICATIONS

 

N/A

 

 

APPLICATION PROCESS TIMELINE STATUS

 

This application was processed by the "On Time Decision Date" established for the processing of Zoning By-Law Amendment applications.

 

 

SUPPORTING DOCUMENTATION

[U4] 

Document 1      Location Map

Document 2      Details of Recommended Zoning

Document 3      Consultation Details

Document 4      Neighbourhood Aerial Photo

Document 5      Proposed Site Plan

 

 

DISPOSITION

 

Corporate Services Department, City Clerk's Branch to notify the owner (Lisa Dalla Rosa, Richcraft Homes, 2280 St. Laurent Blvd. Ottawa ON K1G 4K1):  Signs.ca, 866 Campbell Avenue, Ottawa, ON, K2A 2C5 and Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code:  26-76) of City Council’s decision.

 

Planning and Growth Management Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

 

Corporate Services Department, Legal Services Branch to forward the implementing by-law to City Council.


Document 1

 

LOCATION MAP                                                                                                                           

 


Document 2

 

DETAILS OF RECOMMENDED ZONING                                                         

 

The lands shown in Document 1 are to be rezoned from Co(0.7/9) Commercial Office to Ra2(E'X') Residential Medium Density Apartment Exception. The following are the exceptions:

 

1) Building Height 13 metres maximum;

2) An interior lot line setback abutting residential zones of 9.5 metres; 

3) An interior lot line setback abutting commercial zones of 4.7 metres; and,

4) A 1.5 metres permitted projection for a one storey utility/garbage enclosure into an interior yard.

 


Document 3

 

CONSULTATION DETAILS                                                                                                        

 

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 Zoning By-law Amendments.  A public meeting was held in the community on November 7, 2005.  Notice of the meeting was published in the local paper as well as notice being sent out to property owners within 120 metres of the site and property owners on Lerner Way and Miss Ottawa Street. Approximately 37 people attended the meeting with 27 signing in and a total of 13 people submitting written comments.

SUMMARY OF PUBLIC INPUT

[U5] 

Members of the community expressed concerns with the proposed rezoning and that the zoning should be for singles or remain it as it is - Commercial Office zone. Specific concerns were expressed with:

1)            Increased traffic generated from the site, would aggravate the problem with cut through traffic and speeding. The intersection of Miss Ottawa and Montreal Road does not function properly now;

2)            The storm and sanitary sewer capacity at the junction of the Miss Ottawa Street and East Acres Drive;

3)            Property nearby would be devalued as a result of this form of housing;

4)            The development does not add value to the community;

5)            There will be additional demands on the limited size and dilapidated condition of the parkland (East Acres Park)  with no improvements pending;

6)            Cash-in-lieu of parkland dedication has not being directed to this community;

7)            There is concern with the cumulative impact of the 'piecemeal ' developments on the community as a whole - with respect to aesthetics and infrastructure;

8)            The location of garbage enclosures in proximity to existing residences is problematic;

9)            There are inadequate bus routes and connections;

10)        There are concerns with sun-shade issues and privacy for the houses on Lerner;

11)        There are concerns with pedestrian safety in the neighbourhood given the lack of sidewalks and increased traffic.

[U6] 

RESPONSE TO COMMENTS

 

1), 2) The proposed change in use was determined to have a minimal impact on existing sewers, water and traffic.  Studies have been required as part of the site plan control approval process and those studies are currently under review.

 

3) The value of properties has a variety of determining factors and the impact of a change of use has in the past not been demonstrated to have resulted in property devaluation.

 

4) The addition of a new housing form as well as new residents can improve the vitality of a neighbourhood.

 

5), 6)The cash-in-lieu of parkland dedication requirement at the time of site plan will be the value of land based on 1 hectare of parkland for every 300 residential units.  Between Jasmine Park and East Acres Park there is about 6 hectares of parkland and open space in the neighbourhood. If it is determined that improvements to those parks are required, staff will request funding through the regular budget process.

 

7) Regarding the comments about piecemeal development, the City considers cumulative impacts when looking at incremental redevelopment.  The technical studies for each application are typically required to look at the implications of adding pressure to transportation, sewers and water. 

 

There are two current applications for development within this part of Beacon Hill South. The property at the corner of Ogilvie Road and Montreal Road has recently been approved by Council for 30 units, but is subject to an Ontario Municipal Board appeal.  The second property is at the south end of Shefford Road and could result in a new semi-detached unit.  Staff are aware of additional vacant lands, specifically on Montreal Road and the south east end of Shefford Road that could be developed - for which no applications have been filed.

 

8) The details of the garbage enclosures will be a consideration of site plan review.

 

9) OC Transpo is circulated these applications for consideration.  With additional passengers there may be opportunities to improve bus service.

 

10) Staff have addressed the concerns with shading in the recommended zoning.

 

11) Staff are reviewing the requirements for sidewalks as part of the site plan.

 


Document 4

 

NEIGHBOURHOOD AERIAL PHOTO    

                                                           


Document 5

 

PROPOSED SITE PLAN                                                                                                                 



ZONING - 2116 MONTREAL ROAD

ZONAGE - 2116, CHEMIN MONTREAL

ACS2006-PGM-APR-0015                                               BEACON HILL-CYRVILLE (11)

 

Cheryl McWilliams, Planner, Planning and Infrastructure Approvals Branch, Planning and Growth Management Department, spoke to a PowerPoint presentation (held on file with the City Clerk) giving an overview of the staff report.

 

PUBLIC DELEGATIONS

 

Mr. Alex D'All said he disagreed with the staff comment that the proposed changes would have minimal impact on the existing infrastructure and on traffic.  On the latter, it is already difficult to get onto Montreal Road because traffic is backed-up both ways during morning and evening peak hours.  Another concern relates to the fact that snow is now ploughed onto people's lawns and how it will be removed from this area.  With the addition of this subdivision, traffic will worsen, and this will impact negatively on cyclists.  A third concern relates to the inadequacy of sewers in the area and the lack of information on this.

 

Councillor Michel Bellemare, citing the paucity of detail in the report, asked for additional information on the detailed studies evaluated by staff.  Mr. Larry Morrison, Manager, Infrastructure Approvals, stated that sewers and watermain could accommodate the proposed development.  About traffic concerns, Mr. Morrison said Miss Ottawa Street now functions at “A” service level and would continue to do so, although there could be peak queuing problems.  He advised that the current proposal represented a "down zoning", since the former Gloucester Official Plan zoning for this site would have permitted up to 370,000 square feet of commercial space or 120,000 square feet of residential space.  Mr. Morrison said this meant that, during peak hours, the current proposal would add one additional vehicle every 2-3 minutes whereas the Gloucester zoning would have added 4-5 times more in the p.m. peak.

 

Sylvie Beauchemin, of Thorin Court, submitted written comments in opposition to the proposed development, and these are kept on file with the City Clerk.  In addition to echoing the first speaker's comments about increased traffic, Mme Beauchemin listed the following concerns:

·        The timing of the P&EC meeting does not suit most people who work during the day and cannot attend the meeting;

·        Building additional townhouses on Miss Ottawa Street will be overwhelming in terms of noise, pollution and will not result in value added to the existing properties;

·        The incidence of vandalism will increase: already there have been acts of violence in the area;

·        The garbage enclosures to be built will cause problems if they are right at the corner;

·        Real estate agents estimate that single detached family homes would have higher value than the stacked housing proposed for the site;

·        The developer, Richcraft, is looking for a return on its investment in purchasing this property.  Area residents are property owners, not builders, and they want to be able to enjoy their properties in peace and quiet.

 

Mr. Iqbal Butt, of Miss Ottawa Street, posited that staff's comment on traffic numbers are incorrect, because they relate to a time before Wendy's/Tim Horton's were built: cars are now overflowing onto residential streets.  Because there are massive back-ups at Montreal Road and Ogilvie Road during rush hours, vehicles are now cutting through residential areas.  Mr. Butt said these problems will only worsen with the new development.

 

Mr. Bob Rainboth, of Famlit Court, suggested that traffic counts be held at a.m. and p.m. peak hours, when children are being transported to and from school; cut-through traffic and the speed of vehicles should also be monitored.  He stated that there have already been problems with sewer back-ups this past summer.  Mr. Rainboth also expressed concerns about residents of Lerner Street having people looking into their back yards.  Councillor Bellemare asked the speaker to comment on what he though was an acceptable development for this location, given that a more intense commercial development could have gone in based on the former Gloucester zoning.  Mr. Rainboth said his preference was for single-family homes, although he did not believe this would represent a maximum return to the developer.

 

Mr. Louis Poulin, of Thorin Court, said his main concern was traffic, and the impact the additional forty units will have on his travel time to work.  He also made reference to the impact on pedestrian traffic, especially for elderly residents.

 

Vice-Chair Peggy Feltmate asked about the ability to install sidewalks in the main street of the area.  Karen Currie, Manager, Development Approvals East/South, said this would need to be considered as part of a program for sidewalks in established area and dealt with through the budget process.  Councillor Feltmate wanted to know whether, as part of developing and intensification, there was a requirement to make communities safe.  Mr. Morrison responded by saying that, as part of the site plan review, staff have asked the developer to move an existing sidewalk on Miss Ottawa onto the road allowance fronting his property but the developer can not be asked to extend sidewalks throughout the rest of the existing community.

 

Lisa de la Rosa, representing Richcraft Homes responded to many of the concerns expressed by the previous delegations, as follows:

·        The City has accepted the traffic report submitted by the proponent;

·        The proposal is a down-zoning and nothing like what Richcraft could have built under the current zoning;

·        Snow will be removed by trucks and will not overflow onto existing roadways;

·        Richcraft's engineers are working with City staff to ensure no negative impacts on the current sewer system;

·        Gatestone Private is currently sold out, with the majority of purchasers being single and or retirees, a demographic not known for increasing crime;

·        Garbage enclosures are larger; and will be dealt with by a private collector, with pick-up once a week: if these are well maintained, there should be no problems;

·        In place of the original 4.7 metre setback, there will be a 9.5 metre setback to negate shadow impact.

 

In reply to questions from Chair Peter Hume, Ms. de la Rosa confirmed that all buildings front onto the public street and that all parking is in the rear of the units.

 

The following individuals provided written submissions in opposition to the zoning change, and their submissions are held on file with the City Clerk:

·        Mr. Paul Brisson, Thorin Court

·        Sandra and Paul Bednareck

·        Manon Lortie Brisson, Thorin Court

·        Denis and Lucie Matte, Famlit Court

·        Sylvie Beauchemin, Thorin Court

·        Céline Poulin

·        Martine Conserve

 

Committee Discussion

 

Councillor Bellemare asked why Richcraft had not retained ability for commercial uses at ground floor level, as it had for the adjacent project.  Ms. de la Rosa indicated there were issues with selling or leasing these types of units along Montreal Road and it was determined that it was better to go with residential as opposed to commercial.  The Planner, Cheryl McWilliams, added there are a number of commercial uses in the vicinity, including at Gatestone Private.  The proposed development was seen as an entrance to the residential community and the applicant did not necessarily want similar occupancy as at Gatestone.   Councillor Bellemare expressed the view that, in light of the cyclical nature of demand for commercial space in this area, attempts should be made to encourage mixed used developments.

 

With regard to the shadowing of adjacent properties by the development, Councillor Bellemare asked whether increasing the setback to 9.5 metres resolved the problems.  Ms. McWilliams replied that this would further reduce the impact of shading.  Ms. de la Rosa responded to another question from the Councillor about increasing the setback to 11 metres by saying that this could be accommodated.

 

Councillor Bellemare thanked the residents for appearing before the Committee.  He provided a brief history of the subject site, noting that was ripe for development.  The Councillor continued by saying there is clear community opposition to the zoning application, as most want single detached homes or commercial development.  He summarized residents' complaints as relating to the cumulative impact of developments in the area over time, and to the pace of change over a relatively short period.  The loss of commercial developments and possible jobs is also an issue.  Councillor Bellemare put forward a Motion, calling for the lot line setback to be increased to 11 metres along the Lerner Street frontage at the easternmost end of the property.  This will mean the loss of two units and Richcraft Homes has agreed to this.

 

Moved by M. Bellemare

 

BE IT RESOLVED That Document 2 (Details of Recommended Zoning) be amended to read “2) An interior lot line setback abutting residential zones of 11 metres";

 

AND THAT the applicant endeavour to increase the landscaping and tree buffering within the amended interior lot line setback in order to address privacy concerns;

 

AND FURTHER THAT the implementing By-law not be forwarded to City Council for enactment until such time as the related Site Plan Control Application has been approved.

                                                                                                CARRIED

 

The Committee then approved the report recommendation:

 

That the Planning and Environment Committee recommend Council approve an amendment to the former Gloucester Zoning-Law to change the zoning of 2116 Montreal Rd from Co(0.7/9) Commercial Office to Ra2(E'X') Residential Medium Density Apartment Exception as shown in Document 1 and as detailed in Document 2 .

 

CARRIED as amended with Councillor M. Bellemare dissenting


 [U1]For applications that do not require a map

 [U2]If there are no objections…

 [U3]The issues can be summarized as follows:

 [U4]Include the documents that are applicable to this report

 

 [U5]If there are a number of comments/concerns, please list each comment separately along with the corresponding response. 

If there are a small number of related comments, please summarize them and provide one response.

 [U6]If a petition was received, please summarize the issue(s) raised, and the number of people who signed the petition