1. ZONING - 1601 SIEVERIGHT AVENUE
ZONAGE - 1601, AVENUE SIEVERIGHT
(This application is subject to Bill 51)
Recommandation du Comité
(Cette demande est assujettie au Règlement 51)
1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 15 December 2008 (ACS2009-ICS-PLA-0001).
That the recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1601 Sieveright Avenue from Light Industrial - IL2 H(14) to Residential First Density - R1W as shown in Document 1.
RECOMMANDATION DU RAPPORT
Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 1601, avenue Sieveright de Zone d’industrie légère - IL2 H(14) à Zone résidentielle de densité un - R1W, comme il est indiqué dans le Document 1.
The irregularly shaped vacant land that is the subject of this Zoning By-law amendment is about 0.22 hectares in size, with a frontage of 130 metres along Sieveright Avenue. The site is surrounded by residential uses to the north, east and south and commercial and light industrial uses to the west. The Committee of Adjustment recently granted Consents to allow severance of the property into three separate parcels, shown as Parts 1, 2 and 3 in Document 2.
The applicant is seeking to rezone the land from Light Industrial - IL2 H(14) to Residential First Density - R1W in order to allow the development of three single detached dwellings.
The current IL2 - Light Industrial zone permits a wide range of low impact light industrial uses, as well as office and office-type uses.
The proposed R1W – Residential First Density zone restricts the building type to detached dwellings. It further permits ancillary uses and regulates development in a manner that is compatible with existing neighbourhood character.
The Official Plan designates the property General Urban Area. This designation permits the development of a full range and choice of housing types to meet the needs of all ages, incomes and life circumstances. The policies governing General Urban Area also encourage residential intensification developments that enhance and build upon desirable established community patterns.
The neighbourhoods to the north, east, and south are mainly low-density residential. The proposed Residential First Density zone is consistent with those lands, which are zoned Residential First Density, Residential Third Density and Open Space.
All commercial and light industrial properties to the west have direct access from either Hunt Club Road or Sieveright Avenue. Rezoning the subject site will have insignificant impacts to those properties. The property located to the immediate west (1470 Hunt Club Road) has a shared property line with the subject site. In order to minimize potential conflicts between the two uses, staff have recommended to the Committee of Adjustment that a 1.8-metre high cedar screening fence to be erected along the common property line, as a condition for approving the associated Consent applications.
Currently there is no sanitary sewer along this section of Sieveright Avenue. An existing 250‑millimetre diameter sanitary sewer that flows north on Apple Hill Drive to a manhole on Sieveright Avenue could be extended approximately 45 metres to service the three single units, subject to appropriate approvals. The applicant is aware of this issue and agrees to be responsible for all servicing, and utility relocation and reinstatement costs.
The proposed land use conforms to the applicable policies as outlined within the Official Plan and is consistent with established residential built form. The impact of the proposal on the adjacent light industrial use is insignificant. Further, the subject land is currently vacant and poorly maintained. Allowing residential development on the land presents an opportunity to clean up the site and improve the neighbourhood presence. The Department supports this application.
The property contains significant quantities of fill material and this generates some environmental concerns because metals have been detected in some of the soil samples. Those concerns were addressed with the Consent application approvals. Staff recommended and the Committee of Adjustment approved a condition requiring that any soils, fill and/or debris to be removed from the site be disposed, treated, or recycled at a waste disposal site or landfill licensed.
Rideau Valley Conservation Authority commented that the stormwater management plan should be consistent with the design assumptions for the receiving storm sewer. This concern is as well addressed through the approval of associated Consent applications.
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. Details of the consultation are shown in Document 3.
Document 1 Location Map
Document 2 Draft plan of Survey
Document 3 Consultation Details
City Clerk and Solicitor, Legislative Services to notify the owner, Minto Communities Inc. 427 Laurier Avenue West, Suite 300, Ottawa, ON K1R 7Y2, 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.
Infrastructure Services and Community Sustainability Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.
Legal Services to forward the implementing by-law to City Council.
Draft Plan of Survey DOCUMENT 2
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.
“The City should ensure that the size and finishing of the proposed houses are consistent with the houses in the area, i.e. Issam, Monet, etc”.
The approval of this application will regulate that the land is developed for three single detached dwellings. The City has no authority to apply requirements for building design, such as the size and finishing, to the approval of this application.
“Our land at 1531 Sieveright Avenue is immediately to the west of the property. We have owned it since 1980. We carry on a construction and self-storage business there. We feel that if residential houses are erected on that site, activity resulting from our business may disturb the residents of said property proposed. Therefore we feel that the constructor of those residence must be obliged to erect a sound barrier between their development and our property as part of the agreement.”
The business in question is actually located at 1525 Sieveright Avenue, which is 50 meters west of the proposed dwellings (refer to Document 1). A 1.8 m high cedar screen fence is required to be erected between the proposed development and the western commercial and light industrial properties as a condition of Consent. A sound barrier is not required because the current businesses are not regarded as noise-generating uses.
Councillor Deans agrees with the Upper Hunt Club Community Association's position that the houses that are to be constructed on Sieveright should be of the same size and style of those in the Upper Hunt Club neighbourhood.
COMMUNITY ORGANIZATION COMMENTS
“The Upper Hunt Club Community Association supports this application with the following condition:
“As was the case for the houses built on Monet Court and Issam Private. Development conditions were such that homes needed to be similar in size and style to the surrounding homes in Upper Hunt Club. We suggest the same type of development conditions be imposed on these three homes in order to maintain the integrity of the neighbourhood. This means a minimum of 2400 square feet, with a full masonry front elevation (brick, stone or stucco) and a minimum of a half masonry wall for each of the remaining three elevations as well as a minimum of a double garage.”
Staff Response Summary
The City has very limited ability to enforce the request. The City has no authority to apply conditions to rezoning. The City was not party to the covenants placed for Monet Court and Issam Private - the covenants are between the community and the developer - and the City has no authority to impose the registration of such covenants. Staff have advised the applicant of this matter.