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4.
ZONING - 1777 MONTREAL ROAD ZONAGE - 1777,
CHEMIN MONTREAL |
Committee recommendation
Recommandation du Comité
Documentation
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated 28 March 2008 (ACS2008-PTE-PLA-0077).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
20 March 2008/ le 20 mars 2008
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager
Directrice municipale adjointe,
Planning, Transit and the Environment
Urbanisme, Transport en commun et Environnement
Contact Person/Personne ressource : Karen Currie,
Manager / Gestionnaire, Development Approvals / Approbation des demandes
d'aménagement
(613) 580-2424, 28310 Karen.Currie@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATIONS
That the Planning and
Environment Committee recommend Council approve an
amendment to the former City of Gloucester Zoning By-law to change the zoning
of 1777 Montreal Road from Residential, Single Dwelling (Rs5) to
Residential, Single Dwelling, exception (Rs5 (E70)) 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 de la propriété
située au 1777, chemin Montréal, de Zone résidentielle, habitations
unifamiliales (Rs5), à Zone résidentielle, habitations unifamiliales, assortie
d'une exception (Rs5 (E70)), comme il est expliqué dans le document 2.
BACKGROUND
The subject site is located on the north side of Montreal Road, east of Beckenham Lane. The site currently contains a 724 square metre single detached dwelling, located on a 0.41-hectare lot with 70 metres of frontage along Montreal Road.
A building permit was issued in 2004 to construct a ‘diplomatic residence’. There are no external changes to the building as a result of the proposed change in use.
Surrounding land uses include a vacant residential lot to the east and residential uses immediately abutting the site to the north, south and west. Commercial uses are located in the west and southwest directions.
The site is currently serviced by municipal
water and on-site septic services.
Purpose of
Zoning Amendment
The applicant has submitted the subject application to change the current residential zoning to a modified residential zone in order to permit an ‘embassy’ and a modified ‘commercial school’.
A ‘commercial school’, as defined in the Zoning By-law, permits a variety of instructional services in the field of academics, arts, business, and technology for profit or gain and does not include a private school. The applicant has indicated that the ‘commercial school’ at this site would be modified to exclude a driving school and be limited to 15 students.
The site is currently zoned Residential, Single Dwelling (Rs5). This zone permits a single dwelling, diplomatic residence, and residentially related uses such as a home based business or a day nursery.
The proposed zoning would change the existing zoning from Rs5, Residential, Single Dwelling to Rs5 (E70) – Residential, Single Dwelling, Exception (70) to permit an ‘embassy’ as a permitted use.
DISCUSSION
Official Plan
The site is designated “General Urban Area”.
This designation permits the development of a full range and choice of housing
types to meet the needs of residents as well as employment, retail, service,
cultural, leisure, entertainment and institutional uses. The Official Plan
indicates that development applications are to be reviewed in accordance with
Sections 2.5.1 and 4.11. The principles outlined in Section 2.5.1 relate to
design objectives when introducing new development into a developed area.
Section 4.11 outlines considerations when evaluating the compatibility of a
development.
In addition, the Official Plan designates this
portion of Montreal Road is an Arterial Mainstreet. This designation presents
an opportunity for a gradual transition to a more urban pattern of land use and
supports, where appropriate, higher density employment and residential uses.
The Urban Design Guidelines for Development
along Arterial Mainstreets, May 2006 also recognizes locations that present
opportunities to intensify and enhance development in a manner that creates
attractive pedestrian environments; contribute to vibrant new neighbourhoods
and create transit-friendly places.
Embassy Use
The current Rs5 Zone permits a ‘diplomatic residence’. An ‘embassy’ may or may not contain a residential unit therefore, it may be similar in nature to a ‘diplomatic residence’ with the addition of business activity and social functions or it may contain only office uses. For either scenario, parking would be required at a rate of two spaces per dwelling unit (if provided) and one space per 20 square metres of gross floor area of office space. If a residential unit was not provided and the entire existing building was used as an embassy, 36 parking spaces would be required.
Although the site is considered part of the
Rothwell Heights community, an ‘embassy’ at this location on Montreal Road will
have less impact on the neighbourhood than at a location within the community
that is accessed by a local street. As there are no changes proposed to the
building, the residential characteristic of this portion of Montreal Road will
be maintained. It introduces a use
which may generate more activity than a single family residential use, but
given the large lot size and resulting separation between buildings and the
existing access to Montreal Road, the increase in activity is expected to be
able to be accommodated.
The existing building contains four bedrooms, seven bathrooms, two powder rooms, a reception hall, a recreation area with separate kitchen facilities, main kitchen facilities and a 12-square metre office. The building appears to be suitable for the contemplated use. The existing carport is able to accommodate six parking spaces.
The site was not subject to a Site Plan Control
agreement and the conversion to an embassy will not require site plan control
approval unless the conversion generates the need for 10 additional parking
spaces. It has been indicated that the parking lot is able to
accommodate 50 vehicles however, in reviewing the plans submitted with the building permit, a 50-car
parking lot was not indicated. While significant portions of the site have
since been paved, a site plan indicating the location and configuration
has not been provided to enable staff
to ascertain the exact number of spaces. Nonetheless, staff are confident that
sufficient space exists on site to accommodate the required parking for an
embassy. Elements such as lighting and buffering are regulated in specific
parts of the Zoning By-law. Lighting is to be directed away from any adjacent
residential use, public highway or vehicular entrance and a 1.8-metre high
sight obscuring buffer is required to screen the parking spaces from an
abutting residential lot or zone.
Given the large parking facility adjacent to
residential uses, a landscaping strip is recommended in addition to the required
screening to ensure a minimum separation distance and to reduce the noise
impact. The Commercial Neighbourhood zone, applicable to the commercial
properties to the west of the subject site, requires a minimum landscaped
buffer of 3.0 square metres per metre of street lot line of which eighty
percent is to abut the street lot line and 5.0 square metres per metre of
residential zone boundary along the residential zone.
This requirement appears to be appropriate,
given the potential for large amounts of people and the resulting vehicles on
site at one time.
Commercial School Use
The second component of the application is to
permit a ‘commercial school’. The applicant has indicated that the school will
be used for professional training sessions, such as physiotherapy or
occupational therapy, with a maximum of 15 students. No modifications to the
site are proposed and all instructional activity will take place within the
existing building. The applicant has suggested that with a limited number of
students, the impacts on the abutting residential properties are not expected
to be significant. These details were provided as a result of the public’s
concern of the unspecified nature of a ‘commercial school’ in the original
request.
With the exception of a driving school,
commercial schools do not require a license from the City. Therefore, although
a commercial school with 15 students may not cause specific concerns,
limitations of the school, such as the number of students on-site at a given
time or total enrollment, would be difficult to monitor and enforce. Further,
given the size of the existing building, 15 students appear to be an
underutilization of the building. However, increasing the number of students
raises the potential impacts on the abutting properties. An accessory
residential use may be compatible with the commercial school, however, its
appropriateness would be dependent on the hours of operation and the nature of
the school and resulting enrollment and number of staff.
The vehicular traffic generated by the school
can be accommodated on Montreal Road.
Montreal Road is an existing arterial and is also identified as a
component of the existing and future Transit Priority Corridor. A traffic
analysis is not required as it does not meet the triggers outlined in the
Council approved Traffic Impact Assessment Guidelines to require a
Transportation Brief. Access to the site is currently restricted to
right-in/right out movement due to an existing median.
A ‘commercial school’ at this location is not
in keeping with the development pattern of this portion of the Montreal Road.
The site is within a residential context and although commercial development is
located close to the west, this site is not contiguous to these commercial
uses. The structure may continue to appear as a residential building, however,
a commercial use may result in more frequent vehicle and pedestrian activity on
the site beyond that which would be expected for a residential property. A
school may also require service areas for loading and garbage, generating
regular truck traffic. It may be difficult to locate these areas away from the
abutting residential uses, given the space and maneuvering requirements of
trucks.
Servicing
The site is currently serviced by municipal water
and an on-site sewage system. The Official Plan recognizes that some pockets of
development exist on private services within the Public Service Area.
Development may be permitted provided that it can be demonstrated that the
development:
a)
is
proposed in a circumstance where public services are not currently technically
or reasonably available;
b)
can be
adequately serviced by private individual services in accordance with
Section 4.4 of the Official Plan;
c)
will
not compromise the longer-term development of the area on public services.
The sewage system permit indicates that the
system was designed to accommodate a four‑bedroom residential use and
diplomatic receptions.
While the Zoning By-law amendment to allow for
the ‘embassy’ use does not raise servicing concerns, the ‘commercial school’
will increase the demand for servicing on a regular basis and it has not been
demonstrated that the current private sewage system is adequate or that it
could be upgraded to adequately service any increase in use. Information has
not been provided which would indicate that further uses could be accommodated
by the existing private sewage system.
Conclusion
The requested rezoning for an ‘embassy’ is an appropriate
use of the existing site, however, a ‘commercial school’ is not appropriate as it has not been
demonstrated that the private services are sufficient to accommodate the
proposal, the 15‑student limitation would be difficult to enforce and the
operating characteristics of a commercial school is not compatible with the
context of the residential development in this area.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The City received 13 written submissions regarding this application. One letter was received in support of the amendments and two expressed no comment or concerns. The remainder of the letters expressed concern with a commercial school and its incompatibility with residential uses due to the nature of the use and resulting traffic and noise. Four of these also raised the same concerns regarding the embassy use. A summary and discussion of the concerns is provided in Document 3.
The Ward Councillor is aware of this application and the staff recommendation.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS
TIMELINE STATUS
This application was not processed by the "On
Time Decision Date" established for the processing of Zoning By-law
amendment applications as further details of the proposed 'commercial school'
were provided as a result of the public comments.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details
of Recommended Zoning
Document 3 Consultation Details
DISPOSITION
City Clerk’s Branch, Council and Committee
Services to notify the owner/applicant, (Nasrin Rohani, 1777 Montreal Road,
Ottawa, ON K1J 6N1), OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5,
Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail
Code: 26-76) of City Council’s
decision.
Planning, Transit and the Environment
Department to prepare the implementing by-law, forward to Legal Services Branch
and undertake the statutory notification.
Legal Services Branch to forward the
implementing by-law to City Council.
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT
2
1. Map
1C of the Gloucester Zoning By-law will be amended by changing the zoning for
1777 Montreal Road from Residential, Single Dwelling (“Rs5”) to Residential,
Single Dwelling Exception (70) (“Rs5 (E70)”) as shown on Document 1.
2. A new exception, Rs5 (E70), will be added to Section 6.18-Exceptions to Urban Residential Zones to include the following special provisions:
Further
use permitted: embassy
Minimum landscape requirements for
an embassy use:
a)
3.0m2
per metre of street lot line of which 80% shall abut the said street lot line;
b) 5.0m2 per metre of interior lot line and back lot line which shall abut the said lot line.
CONSULTATION
DETAILS DOCUMENT
3
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.
SUMMARY OF PUBLIC INPUT
Concerns related to a ‘commercial school’ use are summarized as follows:
1) Commercial use is inconsistent with the current and historical use of the properties in the area and will impact on the quality of life in the residential neighbourhood. The gradual commercialization and erosion of the residential nature of this portion of Montreal Road was raised.
2) The increase in traffic generation, the impact of cars parking on Beckenham Lane or Cedar Road and effect of traffic flow on Montreal Road. It was felt that these would decrease the visibility on the local streets, decrease the safety for residents and pedestrians, increase the noise and produce congestion on the existing street network.
3) The increase in trespassing, noise and litter on abutting residential properties given the limited fencing between the properties.
4) Concern that snow clearing of large parking lot will not include snow removal and that the snow will be pushed towards the property lines, causing the melting snow in the spring to run off on the adjacent properties which are at a lower elevation.
5) Concern for intrusive lighting on adjacent residential properties.
One letter specifically stated an objection to an ‘embassy’ due to the impact of the potential increase in vehicular traffic and littering on the abutting residential property. Three residents stated support for this use but subject to restrictions such as restricting the use to the existing building and not permitting extensions to the parking lot.
One letter of support for both additional uses was received and two expressed no concerns or comments.
RESPONSE TO PUBLIC INPUT
The City is recommending refusal of the amendment to permit a ‘commercial school’, however, in response to the specific concerns outlined above, the following is provided:
1) The applicant proposed a limit of 15 students and indicated the ‘commercial school’ would be within the existing building. With no changes to the building, the existing streetscape would be preserved. The operating characteristics of a ‘commercial school’ are not in keeping with a residential use and are not supported.
2) Parking is to be provided in accordance with the Zoning By-law at a rate of one space per 25 square metres of gross floor area. Sidewalks are located on both sides of Montreal Road. Traffic will be minimal and does not meet the triggers to warrant a traffic analysis based upon the limited extent of this proposal. The existing road network can accommodate the expected traffic.
3) Specific fencing and buffering recommended for the embassy use.
4) Adequate snow clearing is to be provided and not to impact on abutting properties.
5) Lighting subject to Section 3.22 of the Zoning By-law.
COUNCILLOR’S COMMENTS
Councillor Bellemare noted that driving schools are prohibited from operating on streets in the Beacon Hill North/Rothwell Heights area bounded by Montreal Road to the north, Rockcliffe Parkway to the south, Shefford Road to the west and Blair Road to the east.
COMMUNITY ORGANIZATION COMMENTS
Rothwell Heights Property Owners’ Association
A ‘commercial school’ may risk permitting a use that is beyond what may be appropriate for this property. Specific concerns include an increase level of activity, traffic generated (with the accompanying noise, glare from headlight and parking on the residential streets). The Association does not support the zoning amendment to permit a ‘commercial school’, however, suggest possible provisions that will address their concerns and maintain the intent of the primary residential use. These include restricting the hours of operation, restricting the number of employees and students, reducing the number of on-site parking spaces, prohibiting expansions to the existing buildings, providing for a landscaping buffer and requiring fixed waste storage facilities.