1. ZONING - 1420 AND 1424 CARLING AVENUE
ZONAGE - 1420 ET 1424, AVENUE CARLING
(This application is subject to Bill 51)
That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 1420 and 1424 Carling Avenue from Arterial Mainstreet (AM H(20)) and Residential Fourth Density Subzone N (R4N) to a new Arterial Mainstreet (AM H(34)) zone to change the interior side yard setback and to permit a mixed-use development as shown in Document 1 and detailed in Document 2.
Recommandation du Comité
(Cette demande est assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 1420 et du 1424 de l’avenue Carling de Zone d’artère principale (AMH(20)) et Zone résidentielle de densité quatre, sous-zone N (R4N) à une nouvelle Zone d’artère principale (AMH(34)) en vue de modifier le retrait de la cour latérale intérieure et de permettre un aménagement à utilisations polyvalentes, comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.
1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 6 February 2009 (ACS2009-ICS-PLA-0030).
That the recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 1420 and 1424 Carling Avenue from Arterial Mainstreet (AM H(20)) and Residential Fourth Density Subzone N (R4N) to a new Arterial Mainstreet (AM H(34)) zone to change the interior side yard setback and to permit a mixed-use development as shown in Document 1 and detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 1420 et du 1424 de l’avenue Carling de Zone d’artère principale (AMH(20)) et Zone résidentielle de densité quatre, sous-zone N (R4N) à une nouvelle Zone d’artère principale (AMH(34)) en vue de modifier le retrait de la cour latérale intérieure et de permettre un aménagement à utilisations polyvalentes, comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.
The subject property is located on the southeast corner of Kirkwood and Carling Avenues and consists of two lots. The most northerly lot is vacant and is used for parking while the southerly lot consists of a two and a half storey walk-up apartment building. The vacant portion of the property is zoned Arterial Mainstreet (AM H(20)) while the lands with the apartment building are zoned Residential Fourth Density Zone (R4N). The entire subject lands have an area of approximately 1400 square metres and are proposed to be rezoned as Arterial Mainstreet AM H(34), to help facilitate the construction of a 12-storey mixed-use long-term residential care facility, with commercial uses on the ground floor and residential uses above. The proposed building will be part of the adjacent Embassy West Retirement complex, which is to consist of the existing five-storey building on the property and two new 10-storey towers, one at each end of that site.
The Official Plan designates the subject property as Arterial Mainstreet. Lands with a Mainstreet designation are to offer some of the most significant opportunities for intensification through more compact forms of development, a lively mix of uses and a pedestrian-friendly environment. Along Arterial Mainstreets, over time, there is to be a transition to more intense forms of development that are compact, pedestrian oriented and transit friendly. The proposed rezoning will provide for a development that satisfies these policies of the Official Plan as the proposal changes the use of the site from vacant land use and low rise residential to an apartment style building with commercial uses on the ground floor, to serve not only the people living in the building but also the surrounding community. As well, since the building will be located at the intersection of two Arterial Roads and is to be occupied by residents who are more likely not to have use of a private motor vehicle, the proposed rezoning is expected to increase support to the City's public transportation system.
The southern lot of this rezoning application is currently zoned residential and might be thought of as having a General Urban Area Designation. However, the policies in the Official Plan indicate that boundaries of Mainstreets are flexible, depending upon site circumstances and lot configuration. As the properties are under the same ownership and are to be developed as one site, with a new mixed-use building located along the street edge that has the characteristics of developments on Mainstreets, the entire site is deemed to have an Arterial Mainstreet designation under the Official Plan.
On Arterial Mainstreets, buildings are expected to reach heights of eight storeys but can go higher when considering specific circumstances mentioned in the Official Plan. One of these circumstances indicates that greater building height can be considered where a proposed building height conforms with a prevailing building height or provides a transition between existing buildings. The proposed development satisfies this policy as the height of 12 stories will be located next to a 10-storey building forming part of the retirement complex, which conforms to the Zoning By-law. Taller buildings, such as the one proposed, can be considered on the corner of two arterial roadways.
In addition to the Arterial Mainstreets policies, the Official Plan also contains policies to evaluate the compatibility of a proposal. These policies can be found in Sections 2.5.1 and 4.11. Section 2.5.1. relates more to the design of developments and indicates that a new compatible development is not necessarily the same as or similar to existing buildings in the vicinity. New development, however, should enhance and coexist with existing development.
Abutting the subject site to the south is a two and a half storey walk-up apartment building, similar to the one currently on the subject property. Further to the south and the east are single detached dwellings, which are located along Thames Avenue. As stated for this proposal, the new building will be located along the street edge of Carling and Kirkwood Avenues, to help strengthen the character and function of the Arterial Mainstreet. It will be approximately 55 metres from the closest single detached dwelling on Thames Avenue which provides an adequate separation to minimize a negative impact on the single detached dwellings.
Section 4.11, recognizes that when evaluating the relationship between existing and new development and the appropriateness of new development, prominent considerations include such things as noise, light spill over, parking, vehicular access, shadowing, height, bulk or mass, the relationship of a building's scale to the street, the distance between buildings and micro-climate conditions. The Official Plan indicates that often, to address these issues and arrive at a compatibility of scale and use, a careful design response will be required. While all of these issues are important considerations in reviewing a Site Plan Control application, issues related to vehicular parking, sun shadowing, height, bulk, building proximity, building scale and micro climate also need to be addressed at the Zoning By-law amendment stage to achieve that design response.
Regarding the abutting two and a half storey walk up building, the applicant is requesting a reduction to the interior side yard between the proposed building and the walk-up apartment, from the 7.5 metres required to 4.5 metres. The Department considers this reduction as compatible and is recommending approval of this side yard reduction because of the design of the proposed building. Only the first two floors of the proposed building will be within the 4.5 metre setback from the property line. Above the second floor, the building setback increases by an additional 6.5 metres for an overall setback of 11.0 metres. The height of the first two floors is approximately 9.5 metres, which is similar to both the walk-up currently on the subject property and the adjacent walk-up apartment (approximately 8.5 metres). As well, the setback of the existing walk-up on the subject property, from the property line, is currently approximately 3.3 metres and the proposed distance of 4.5 metres would represent an increase in setback distance. Given the existing and the proposed setback, which includes an increased setback for the building above the third floor, it is the Department's position that the proposed building is appropriate and will not have an adverse impact on the adjacent walk-up apartment building.
With regard to the concerns of building height, massing, scale and proximity, the Official Plan indicates that new buildings should have regard to the area context. This is similar to the policies in the Official Plan relating to Arterial Mainstreets and Section 2.5.1. as mentioned above and as with those policies, the building's location along Arterial Roads, it's height in relation to the adjacent proposed 10 storey retirement buildings, it's increased setback above the third floor and it's distance from the single family dwellings to the south, all reinforce it's compatibility with existing land uses and compliance with the overall policy direction of the Official Plan. As the existing residential dwellings are located to the south of the subject property and the land use to the north of the proposed development is the Queensway, this development will not have a significant shadowing impact on surrounding buildings.
Finally, with respect to traffic, the proposed development is anticipated to generate 51 new vehicle trips during the AM peak, 50 trips during the PM peak and 58 during the Saturday peak. These “New Trips” are expected to be distributed along the adjacent roads, such as Carling and Kirkwood Avenues. The traffic study submitted in support of this zoning application has examined the operation of nearby intersections and has determined that all intersections would continue to operate at an acceptable level of service following the development of the site and this development will not require any improvements to the surrounding streets. Given the foregoing, it is the Department's position that the proposed rezoning will provide for a development which satisfies the relevant policies in the City's Official Plan and is compatible with existing land uses as well as the planned function of the surrounding properties.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Five comments were received. Two people expressed concerns related to traffic, pedestrian safety and the proposed 12-storey height. Two people wanted more information while one person was in favour of the proposal. The Ward Councillor is aware of this application and the staff recommendation.
There are no legal/risk management implications.
The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the need for the applicant to submit a transportation impact analysis.
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Artist’s Rendering
Document 4 Consultation Details
City Clerk and Legal Services Branch, Legislative Services to notify the applicant, Liff Tolot Architects 83 Hinton Avenue North, Ottawa K1Y 0Z7 Attention: Tino Tolot, 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 and undertake the statutory notification.
Legal Services to forward the implementing by-law to City Council.
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
Proposed Changes to the Comprehensive Zoning By-law
1. A new exception is to be added to Section 239 to include the following provisions:
For an interior side yard abutting a residential zone:
a) The minimum setback for the first 9.5 metres of building height is 4.5 metres.
b) The minimum setback for the building above 9.5 metres is 11.0 metres.
2. The properties will be rezoned as shown in Document 1.
ARTIST’S RENDERING DOCUMENT 3
CONSULTATION DETAILS DOCUMENT 4
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. Five comments were received from the public notification process. Two people expressed concerns, one was in favour of the proposal while two people wanted more information. A summary of comments and a response to the concerns are provided below.
SUMMARY OF PUBLIC INPUT
1. This proposed 12-storey building and the proposed 10-storey buildings at the Embassy West will look down into my back yard on Thames Avenue.
The building that is subject to this rezoning would be located at the intersection of Kirkwood and Carling Avenues. As a result, the building would be approximately 50 metres away from the rear yard of the closest home on Thames Avenue. As well, as part of the redevelopment of the Embassy West property, there will be a new 10-storey tower, which will block the view of this proposal from the property on Thames Avenue. The proposed 10-storey buildings at the Embassy West property meet the set back requirements of the Zoning By-law, which were established by City Council to minimize privacy concerns. Given the foregoing, it is the Department's position that the proposed development will not cause any significant privacy impact on the homes along Thames Avenue.
2. The proposed development will result in more traffic to the surrounding area.
A traffic study completed for the proposed rezoning and concurred with by staff, indicates that the traffic from the proposed development can be accommodated on the surrounding streets and no improvements to the surrounding streets are required.
3. The proposed retirement home will increase the volume of pedestrians to the Swiss Chalet Restaurant and mini-mall to the north, which, with the increase in traffic, will result in an increased danger for the slow moving pedestrians that will come from this development.
It is the Department's position that seniors will be able to use the crossing at Kirkwood and Carling Avenues and, as with all other cross walks used by seniors throughout the City, motorists will be expected to follow applicable driving rules giving the right-of-way to pedestrians.
1. We look forward to this new development in our area, especially if it brings new people to the area.
2. We think a new commercial/seniors residence would be good for our area and in particular that corner.