6.       ZONING - 8465 NORTH SERVICE ROAD

 

ZONAGE - 8465, CHEMIN NORTH SERVICE

 

 

 

Committee recommendation

 

That Council approve an amendment to the former Cumberland Urban Zoning By-Law to change the zoning of 8465 North Service Road from D-CR (Development-Commercial /Recreation) to R5B-X (Residential-Apartment-High Density - Exception) and row houses and CON (Conservation Zone) as shown in Document 1 and as detailed in Document 3.

 

 

Recommandation du Comité

 

Que le Conseil approuve une modification au Règlement de zonage urbain de l’ancienne Ville de Cumberland afin de changer la désignation de zonage du 8465, chemin North Service de D-CR (Zone d’aménagement – commercial et récreation) à R5B-X (Zone d’immeubles d’habitation à forte densité assortie d’une exception) et à CON ( Zone de conservation), tel qu’il est indiqué dans le document 1 et expliqué en détail dans le document 3.

 

 

 

 

 

Documentation

 

1.         A/Deputy City Manager's report (Planning and Growth Management) dated
12 October 2006 (ACS2006-PGM-APR-0012).

 

 

 

 


Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

12 October 20065 / le 12 octobre 20056

 

Submitted by/Soumis par :  John L. MoserNed Lathrop, Acting Deputy City Manager /

Directeur municipal adjoint par intérim

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

 

Orléans (1)

Ref N°: ACS2006-PGM-APR-0012

 

 

SUBJECT:

ZONING - 8465 North Service Road (FILE NO. D02-02-05-0109)

 

 

OBJET :

ZONAGE - 8465, chemin north service

 

 

REPORT RECOMMENDATION

 

That the Planning and Environment Committee recommend Council approve an amendment to the former Cumberland Urban Zoning By-Law to change the zoning of 8465 North Service Road from D-CR (Development-Commercial /Recreation) to R5B-X (Residential-Apartment-High Density - Exception) and row houses and CON (Conservation Zone) as shown in Document 1 and as detailed in Document 3.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver une modification au Règlement de zonage urbain de l’ancienne Ville de Cumberland afin de changer la désignation de zonage du 8465, chemin North Service de D-CR (Zone d’aménagement – commercial et récreation) à R5B-X (Zone d’immeubles d’habitation à forte densité assortie d’une exception) et à CON ( Zone de conservation), tel qu’il est indiqué dans le document 1 et expliqué en détail dans le document 3.

 

 

BACKGROUND

 

The subject property is an irregular shaped lot bordered on the south by Highway 174, on the north by North Service Road and on the east and west by Bellevue Creek and Brisebois Creek respectively.  The site is generally flat with ravines on each side.  There is one large cluster of trees in the center of the property covering approximately 4,000 square metres and the remainder is open field.  The total area of the property is 6.7 hectares.

 

To the west of the site is an established residential enclave of Riverwalk, which consists of approximately 225 row house units.  To the east, the City has recently received applications to permit another 1135 row house units.  North of the North Service Road the land is designated Urban Natural Feature and is protected from development.

 

The applicant intends to constructbuild row houses and apartments, a senior citizen's residence and townhouses on the site.  The existing zoning needs to be amended to permit this. 

 

 

DISCUSSION

 

Official Plan

 

The site is designated General Urban Area in the Official Plan as a result of Amendment 28 which was approved by City Council in July 2005.  This amendment makes changes to various sections of the Plan and to Schedule ‘B’, Urban Policy Plan, in response to appeals that were submitted to the Ontario Municipal Board.  The changes to Schedule ‘B’ include a change of the designation of the subject lands from Enterprise Area to General Urban Area.  This amendment also has been appealed, however, none of the appeals specifically relate to this property. 

 

This application conforms to the General Urban Area policies of the City’s Official Plan, which permits a variety of residential unit types and densities.

 

Details of the Amendment

 

The subject property is zoned D-CR Development – Commercial/Recreation in the former City of Cumberland Urban Zoning By-Law.  A Development Zone is intended to signify Council’s approval in principle to future development of the land for the purposes indicated.  Only existing uses are permitted on this property until the Development Zone is amended. 

 

The applicant is requesting the zone to be changed to R5B-XX Residential-Apartments – Exception Zone.  This zone permits apartment dwellings, senior citizen’s residences and accessory uses, which closely matched the proposed concept plan submitted in support of the application.  Through this amendment, townhouse uses will be added to the zone.

 

The concept plan presented to staff proposes a public street be constructed from North Service Road to the cluster of trees.  From there a ring road will encircle the trees and a residential block.  Around the ring would be mix of housing types including townhouses, 3½-storey stacked condos, one ten-storey condo building and a six-storey senior citizen’s residence.  There will be a total of 411 units including 160 senior’s apartments.  Parking for the condominiums would consist of underground parking for the tenants and visitor parking above ground.  The applicant is planning to maintain the cluster of trees and natural vegetation along the ravines.   

 

The Zoning By-law amendment will rezone the ravines and a 15-metre swath along the ravine crest to the east as Conservation Lands (CON).  This is required by the Official Plan to protect surface water and the natural function of the Bellevue Creek.  To the west, Brisebois Creek has been modified with a stormwater pond and does not need the additional buffer and only the ravine will be rezoned to Conservation. 

 

The Zoning By-law amendment will make changes to some of the zone provisions to facilitate some elements of the concept plan.  This includes a front yard setback of 10 metres, a rear yard setback of 7.5 metres.  The amendment will impose a maximum height of 10 stories over the entire site.

 

In addition to the 15 metre band of conservation lands at the top of east ravine, the applicant has agreed to a setback of 7.5 metres for apartment buildings less than seven storeys.  Buildings with seven to 10 stories will need to be set back 10 metres from the 15-metre band.  If townhouses are constructed on this site, the back wall of each unit will need to be setback 7.5 metres.  A two‑metre setback will apply to end unit abutting the eastern zone boundary.

 

On the western side of the site the setbacks were influenced by the need for erosion control and access to the slope.  An armour stone retaining wall with a service road at its base has been constructed adjacent to the stormwater pond.  Along this section all buildings need to be setback  a minimum of six metres.  The remaining side yard south of the pond to Highway 174 requires an eight metre setback.

 

A new exception zone will be created to address these issues.  Staff is able to support these requests as they are in keeping with the desired density and scale expected within this area while providing additional conservation lands.

 

Rationale

 

This application conforms to the General Urban Area policies as amended by Amendment 28 to provide a higher density residential enclave.  The proposal will take advantage of easy access to major arteries because of its location adjacent to the Highway 174 corridor and the availability of existing infrastructure.

 

To support the Zoning By-law amendment, the applicant has provided the City with a Wetland Impact Study, Preliminary Traffic Study and Servicing Overview.  All the reports indicate that the proposed zoning amendment would not negatively affect the wetlands, traffic conditions or the existing infrastructure.

 

Staff is able to support the requested amendments, as they are in keeping with the desired density and scale while providing additional conservation lands. Staff supports the rezoning with the information provided and the City will continue to work with the applicant on remaining applications through the Site Plan and Draft Plan of Subdivision process to provide a high quality development.

 

 

The Council Approved Official Plan designates the property as Enterprise Area, which permits residential uses provided the following criteria are met:

§That the applicable policies in Section 4 have been satisfied.  These include traffic, servicing, erosion control, environmental and tree preservation policies;

§All housing is in the form of townhouses, stacked townhouses or apartments in building which are at least five stories in height;

§That residential development should be a logical extension of adjacent residential uses and be linked by road or pedestrian paths;

§That at least 50 percent of the developable land in the Enterprise Area will be devoted to employment; and

§That the City may require concept plans to demonstrate how the whole site will evolve over time. 

 

The City Council Approved Official Plan was modified by Amendment 28 in July 2005.  This amendment makes changes to various sections of the Plan and to Schedule ‘B’, Urban Policy Plan, in response to appeals that were submitted to the Ontario Municipal Board.  The changes to Schedule ‘B’ include a change of the designation of the subject lands from Enterprise Area to General Urban Area.  This amendment has also been appealed, however, none of the appeals specifically relate to this property.  Through this amendment the designation has now been changed to General Urban Area.

 

The Former Cumberland Official Plan was amended in 2004 to change the designation from Business Sector North to Residential - High Density.   Amendment No. 38 was approved and has been in full force and effect since November of 2004

 

The subject property is zoned D-CR Development – Commercial Residential in the former City of Cumberland Zoning By-Law 1-84.  A Development Zone is intended to signify Council’s approval in principle to future development of the land for the purposes indicated.  Only existing uses are permitted on this property until the Development Zone is amended. 

 

Through this application, the applicant is requesting the zone be changed to R5B-X Residential – Apartments – High Density with some exceptions.  This zone was originally drafted to implement the policies of the Orléans Town Centre Secondary Plan.  The objective was to encourage high density residential development with a minimum density of 50 units per hectare and a maximum of 150 units per hectare.  The policies encourage a high standard of design and also limit the building height so that no building protrudes above the height of the escarpment or 85.8 metres above sea level which translates to 10 floors on this site.  The R5B Zone deliberately leaves out any minimum yard requirements (setbacks from property lines) to allow for greater design flexibility during the Site Plan Control Approval process.  The Orléans Town Centre Design Guidelines and the Secondary Plan set out a design framework to promote an urban environment with buildings situated close to the street.  The City would have the discretion to approve the yard requirements through the Site Plan Approval without an amendment to the By-law.  For this site there are no approved design guidelines in place and the Secondary Plan provides no design framework.  In contrast the site is located within a more natural setting surrounded by ravines and woodlands flanking the Ottawa River.

 

The applicant has requested that the minimum yard requirement be determined before an approved Site Plan.  They are suggesting that buildings be setback 4 metres from the North Service Road and 7.5 metres from Highway 174.  On each of the side yards they have asked that buildings be allowed to abut the property line.   Within the site, they are requesting that spacing between buildings be a minimum of 3 metres and that row dwellings be permitted as a permitted use.  Finally, the applicant has requested that the maximum building height be increased to allow for 15 floors.

 

Constraints

 

Due to the nature of the ravines on each side of the property, there are some constraints to where development may occur.  The Council Approved Official Plan requires buffers from water courses to protect the quality of the surface water and prevent erosion.  These policies require that no development or site alteration occur within a minimum of 30 metres from the normal high water mark or 15 metres from the top of a defined bank, whichever is greater.  The alignment of the existing boundary between the D-CR Zone and CON (Conservation Zone) with be amended to include the buffers in the CON Zone.  It has been the policy for the lands below the setback line to be conveyed to the City in order to further protect the integrity of the buffer.  The conveyance of these lands would be made as a condition of a future Site Plan approval.

 

An exception to the 15 metre setback from top of bank can be made on the west side of this property as the ravine has been significantly modified with a stormwater retention pond which was built as part of the Riverwalk community.  A reduced setback can be supported as the pond is designed to improve surface water quality. The applicant had a geotechnical and slope stability study prepared, which recommends only an 8 metre setback (2 metres for erosion control and 6 metres for an access allowance) from the edge of the western ravine. 

 

Rational

 

The existing policies relating to this site envision a higher density residential use.  The Cumberland Official Plan Amendment No. 38 changed the designation from employment to high density residential.  There is existing medium density development to the west and a similar proposal for the property to the east.  The zoning requested by the applicant would permit a density above that seen in neighbouring developments.

 

The applicant provided the City with some supporting material to justify the application. A servicing brief was submitted indicating that there are sufficient municipal services to the site.  A geotechnical and slope stability study recommends that the soils can support the load with appropriate setbacks from the top of the bank. 

 

While staff agrees with the intent of the application, some of the requested amendments can not be supported at this time.  The applicant has requested that a 15 storey height limit be approved and a density of 150 units per hectare.  The intent of the original R5B Zone restricts building heights to match the elevation of the escarpment.  This would limit the height to approximately 10 stories on this property.  The reduction in height would also reduce the mass of the apartment buildings to be more compatible with the existing nearby two-storey row houses.  The density requested conforms to the original R5B Zone, however, only a preliminary traffic study was submitted with the zoning application.  This study contemplates a total of 543 units on both the subject land and the property to the east.  The proposed development to the east is now 115 leaving 428 units or 76 units per hectare on the subject property.  The report does not address the needs of the potential 900 units on this site and accordingly, staff will only support a maximum density of 76 unit per hectare. 

 

The applicant has also requested an exception zone to establish required yards as part of this Zoning By-law Amendment. The original R5B Zone leaves the establishment of the yard to the discretion of the Municipality at a time the applicant submits a site plan.  At this time the applicant has not provided staff with a concept plan  but has requested the front and rear yard setback be 4 metres and 7.5 metres respectively.  Staff recommends that the front yard setback be 10 metres which is consistent with the setback along North Service Road and Riverwalk development.  The lands to the north are a nature woodland identified as an urban natural feature and a Provincially Significant wetland is located immediately north of this feature.  This enlarged setback would also protect the existing streetscape.  The applicant has also requested that the building be setback from the top of bank by 15 metres on the east and 8 metres on the west side of the property.  This corresponds to the buffer requirements along each of the ravines.  The City, however, intends that these buffers will be conveyed to the City as constraint lands and this would result in a zero side yard.  Staff are of the opinion that a zero side yard along an environmental buffer is not appropriate and recommends that 6 metre side yards be established. 

 

ENVIRONMENTAL IMPLICATIONS

 

The material provided by the applicant to this point does not indicate that there is any impact onf the natural areas around the site.  However, due to the environmental features and characteristics of the site, the applicant will need to address such issues in greater detail during the subdivision and site plan processes.  These matters include wetland impact, tree preservation and archaeological features.

 

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. The Ward Councilor is aware of this application and the staff recommendation.  The City has received comments and opposition to this application.  Detailed responses to the notification/circulation are provided in Document 44.

 

 

FINANCIAL IMPLICATIONS

 

N/A

 

 

APPLICATION PROCESS TIMELINE STATUS

 

The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-Law amendments owing to a By-election to elect a new Ward Councillor.to allow this application to be heard with a simular application after a new Ward Councillor was elected  The application was further delayed at the request of the proponent in order to enable them to prepare a concept plan, which illustrates how the proposed Zoning By-law would be applied to the site.

 

 

SUPPORTING DOCUMENTATION

 

Document 1      Location Map

Document 2      Concept Plan

Document 32      Details of Recommended Zoning

Document 43      Consultation Details

 

 

DISPOSITION

 

Corporate Services Department, City Clerk's Branch to notify the owner 3475140 Canada, 200‑500 boul. Greber, Gatineau, QC, J8T 7W3, applicant Paquette Planning Associates Ltd, 56 Hutchison Avenue, Ottawa, ON, K1Y 4A3, 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.


LOCATION MAP                                                                                                    DOCUMENT 1

 


 

CONCEPT PLAN                                                                                                   DOCUMENT 2

 


DETAILS OF RECOMMENDED ZONING                                                       DOCUMENT 23

 

The following changes will be made to the property shown on Document 1:

 

1.         Part of the property known municipally as 8465 North Service Road as shown on Document 1 will be rezoned from D-CR to R5B-X# and CON as shown in Document 1.

 

2.         Section 6.21 of By-law 1-84 will be amended to add a new R5B-X zone including the following requirements:

 

            - further permitted use of Row Dwelling

           

-         no building is permitted within 10.0 metres of the lot line adjacent to North Service Road    

-          

- new yard requirements:

                        minimum front yard for the end wall of row dwelling       104.0 m

                        minimum front yard where garages face the public street            6.0 m

                        minimum front yard for all other buildings                                   6.0 m

                        minimum side yard            6.0 m

      minimum rear yard             7.5 m

- minimum building spacing             3.0 m

            - maximum building height              10 stories

            - minimum density                          75 units per hectare

            - maximum density                         100 units per hectare

 

-   minimum requirements from Conservation Zone (CON)

rear wall of a row dwelling must be 7.5 m from any CON Zone

                        end wall of a row dwelling must be 2.0 m from any CON Zone

            apartment dwellings under 7 stories in height must be at least 7.5 m from any CON Zone

apartment dwellings 7 to 10 stories in height must be at least 10.0 m from any CON Zone

-   minimum western side yard (abutting retaining wall)

all buildings                        6.0 m

-   minimum western side yard (south of retaining wall)

all buildings                        8.0 m

            - minimum building spacing            3.0 m

  - minimum density    50 units per hectare

  - maximum density    70 units per hectare

 

3.         The new R5B-X zone will include the following provision:

 

            "the dwelling units and land in a row dwelling development may be divided or severed into separate, legally conveyable parts without each part meeting all of the requirements of this by-law as long as each overall development complies with the requirements of this by-law."

 

 


CONSULTATION DETAILS                                                                                DOCUMENT 44

 

 

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.  No public meetings were requested to be held in the community.

 

PUBLIC COMMENTS

 

Comment: The Riverwalk community has submitted over 70 letters of opposition to this amendment.  The main concern was the loss of employment lands to residential uses and the City’s commitment to future economic development in Orléans.  Other comments were added by individuals and included: trees will be lost which provide natural filters for pollution; more pollution;  loss of natural environmental areas; tall buildings will cause health problems; traffic will increase locally and more traffic tie-ups on Highway 174 into Ottawa; and more residences will place a burden on transit.

 

Response: The removal of employment lands has already been approved through the amendments to the Cumberland and City Council Approved Official Plans. The designation is now Residential – High Density and General Urban and this Zoning By-law amendment is only implementing those changes to the policy.  With regards to the individual comments, the rezoning will protect the ravine corridors and the natural areas along the water courses.  In fact, staff is proposing that the  areas zoned 'Conservation' be expanded to encompass additional lands along the ravines.  These buffers will continue to act as filters to protect the quality of  surface water and preserve the natural areas north of North Service Road.  The layout of larger buildings is still to be determined through the site plan process.  At that time issues concerning wind and shadows can be addressed.   A preliminary traffic study has been submitted which indicates that the local road network and transit service can handle the densities supported by staff.  If the applicant wishes to increase those density they will need to provide evidence through a full traffic study.