4. ZONING - 3041 RICHMOND ROAD
ZONAGE - 3041, CHEMIN RICHMOND
(This application is subject to Bill 51)
That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3041 Richmond Road from Residential First Density Zone (R1GG) to Residential Third Density Zone (R3N [xxxx]) as 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 visant à faire passer la désignation de zonage de la propriété située au 3041, chemin Richmond de « zone résidentielle de densité 1 » (R1GG) à « zone résidentielle de densité 3 » (R3N [xxxx]), comme le précise le document 2.
1. Deputy City Manager’s report, Infrastructure Services and Community Sustainability dated 7 August 2009 (ACS2009-ICS-PGM-0082).
That the Planning and Environment Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3041 Richmond Road from Residential First Density Zone (R1GG) to Residential Third Density Zone (R3N [xxxx]) as detailed in Document 2.
Que le Comité de recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 visant à faire passer la désignation de zonage de la propriété située au 3041, chemin Richmond de « zone résidentielle de densité 1 » (R1GG) à « zone résidentielle de densité 3 » (R3N [xxxx]), comme le précise le document 2.
The subject property is located at 3041 Richmond Road. It is on the northwest side of Richmond Road between Bayshore Drive and the intersection of Richmond Road and Dumaurier Avenue. The subject property has a frontage of 30.5 meters and a depth of 36.6 meters with an area of 1116 square meters. There is currently a single detached dwelling on the property, built in 1952. Adjacent to the property are single detached houses and a duplex on similar sized lots. To the southeast, across Richmond Road are a series of single-detached homes on smaller lots (approximately 300 square meters). The property is less than 500 meters from the Bayshore Mall and a transitway station and is located along a transit priority corridor (Richmond Road).
Five severance applications have also been filed with the Committee of Adjustment on February 18, 2009. The applications were adjourned Sine Die pending a decision by Council on this application.
The purpose of the requested zoning amendment is to permit the development of five townhouses where currently only single detached dwellings are permitted.
The original application requested to amend the zoning from Residential First Density (R1GG) to a Residential Fourth Density (R4L). However, it was determined that this zoning would allow much more than the five townhouses that the applicant intends to develop. For example, R4L would permit a stacked dwelling with eight units or two four-unit, low-rise apartment buildings. As the applicant does not intend to build the more intense development of apartment or stacked dwellings, a Residential Third Density (R3) Zone is considered more appropriate.
In this regard, there are several Residential Third Density (R3) Zoning categories, which would allow the proposed development of five townhouses.
The Provincial Policy Statement provides policy direction on matters of Provincial Interest related to land-use planning and development. Section 1.) Building Strong Communities, states that:
“Ontario’s long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth.”
Policy 126.96.36.199 states specifically:
“Planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account …. availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs.
In regards to this proposal, an opportunity exists to redevelop a vacant single detached residential property to a development with five residential units, which can be accommodated on existing services. This project represents the type of intensification as anticipated by the Province.
The majority of growth in housing is to be accommodated within areas designated within the Urban Boundary of Ottawa.
2.2.3 Policy 1. states that “All intensification of land uses will occur in accordance with the criteria set out in Section 2.5.1 … Where a zoning by-law amendment is required, the appropriateness of the scale of development will be evaluated along with the design and its compatibility.”
Introducing new development in existing areas that have developed over a long period of time requires a sensitive approach to differences between the new development and the established area. The policies provide guidance on measures that will mitigate these differences and help achieve compatibility of form and function. Allowing for some flexibility and variation that complements the character of existing communities is central to successful intensification.
In general terms, compatible development means development that, although it is not necessarily the same as or similar to existing buildings in the vicinity, nonetheless enhances an established community and co-exists with existing development without causing undue adverse impact on surrounding properties.
In terms of this proposal, the property is located along a transit corridor and is close to a Rapid Transit Station located at the Bayshore Mall. The massing of the building, although slightly higher than the existing zoning (from 8.0 to 11.0 meters) is considered appropriate. Permitted front yard setbacks will be the same as the current zoning, and minimum side yard setbacks differences are minimal. In addition, there is a demand in the area for more affordable housing, which this project will provide.
The General Urban Area designation permits the development of a full range and choice of housing types to meet the needs of all ages, incomes and life circumstances, in combination with conveniently located, employment, retail, service, cultural, leisure, entertainment and institutional uses.
In terms of this proposal, the addition of townhomes adds more choices for housing types, other than single detached housing. Similar rezoning in the area has been approved, allowing similar intensification as this proposed project.
It is recognized that because land use designations such as General Urban Area contain broad use permissions, that it will be necessary for the Zoning By-law to establish more specific permitted use lists and development regulations within areas and on individual sites in a manner that achieves compatibility among proximate uses and built forms.
At the scale of neighbourhoods or individual properties, issues such as noise, spillover of light, accommodation of parking and access, shadowing, and micro-climatic conditions are prominent considerations when assessing the relationships between new and existing development. Often, to arrive at compatibility of scale and use will demand a careful design response that appropriately addresses the impact generated by infill or intensification.
To achieve the Plan’s strategic directions for managing growth, the zoning in many areas of the City may allow for more intensive development than has occurred in the past. In addition an amendment to the Zoning By-law may be needed to increase the density permitted. In these circumstances, the compatibility of the proposed development must be considered. Objective criteria that can be used to evaluate compatibility include; height, bulk or mass, scale relationship, and building/lot relationships, such as setbacks and building separation. An assessment of the compatibility of new development will involve not only consideration of built form, but also of operational characteristics, such as traffic, access, and parking.
In regards to this proposal, considerations of traffic, vehicular access, parking, building height and massing, the pattern of surrounding community, outdoor amenity areas, lighting, noise and air quality, sunlight, micro climate and supporting neighbourhood services have been made and it has been determined that this proposal is compatible.
In summary, staff are satisified that the proposed development, that would be accommodated through the rezoning, responds well to the intensification policies of the Provincial Policy Statement and the Official Plan and more specifically to the relevant compatibility critieria set out in Section 4.11.
Zoning By-law Details
The zoning for this property, as per the Zoning By-law is Residential First Density (R1GG). The original application requested a zoning amendment to a R4L (Residential Fourth Density).
However, as noted above, it was determined that this zoning would allow much more than the five townhouses that the applicant intends to develop. There are several Residential Third Density (R3) Zoning categories, which would allow the proposed development of five townhouses.
R3N is the most suitable residential third density sub-zone as it allows the proposed development, while having similar allowable setbacks for front, rear and side yards as the R1GG subzone that currently applies to the site.
It was determined that improvements along this portion of Richmond Road are necessary to improve the pedestrian, cycling and vehicular environment. In fact, at the time of Site Plan, the City will require a Road Widening dedication from the property owner. However, this reconstruction may not happen for some time. Therefore it is recommended that to ensure compatibility for this area in transition, that no more than two access points exist from the subject lands.
The proposed recommended modifications are considered reasonable and appropriate for the development proposed and will result in the proposed development advancing and achieving the objectives and policies of the Official Plan for this site. The development will be compatible with development along Richmond Road and will be compatible with the adjacent residential communities.
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 public consultation can be seen in Document 3.
There are no legal/risk management impediments to the implementation of this Report's recommendation
The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the Planning and Environment Committee not meeting since June 23, 2009.
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Consultation Details
City Clerk’s Branch, Council and Committee Services to notify the owner, Pegasus Developments, c/o Peter Foustanellas, 1914 Merivale Road, Ottawa, ON, K2G 4E8, applicant, David Pratt, Olympia Homes / Pegasus Developments, 1914 Merivale Road, Ottawa, ON, K2G 4E8, 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 and Growth Management 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
The lands known municipally as 3041 Richmond Road be rezoned from R1GG to R3N [exception].
Exception added, including the following:
- R3N [exception]
- despite clause 100(1)(c) the maximum number of driveways permitted for a multiple attached dwelling is 2,
- a severed multiple attached dwelling that does not include a driveway for each dwelling unit will be considered to comply with provisions for driveways
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 COMMENTS
The following is a summary and compilation of public comments received.
The height permitted for the existing R1GG zoning is 8 meters. The proposed R3N zoning would permit a building that is 11 meters. Although many of the houses in the area are one or two stories, this area is considered an area in transition, with examples of intensification occurring in proximity where single detached units once existed. Where variation in building height or massing is appropriate, a transition in building heights is desirable. The neighbourhood to the west has a maximum building height of 9.5 meters and the neighbourhood across Richmond Road has a maximum building height of 11 meters. A three-storey building adjacent to a one or two-storey building is considered an appropriate transition in building height. In addition, due to the grade of the area, the dwelling units actually appear as two storeys in the front where they face Richmond Road. In conclusion, the height and size of the units are considered appropriate and desirable for this area.
City By-laws exist that protect adjacent property owners from adverse impacts resulting in the improper storage / removal of snow. In addition, a joint use agreement to explicitly mention snow removal can be a condition at the time of Site Plan Control.
Response: The subject property is zoned for development and does not represent the loss of open space. As well, while the proposed zoning will allow a 5-unit townhouse, the current zoning will allow a single detached house that could cover almost as much of the lot as the townhomes. The front yard and rear yard setbacks are identical and there is only a minimal increase of permitted side yard on one side of 1.2 meters.
As noted previously, this property is located in an area that is considered an area in transition, with examples of intensification occurring in proximity that have occurred where single detached units once existed. Nevertheless, each application for a rezoning will be evaluated on it’s own merits.
Privacy issues can be mitigated at the time of site plan, such as with the construction of a fence or with landscaping. However, it is noted that the rear yard setback for the townhomes is equal to that required for a single (i.e 7.5 meters).
Staff have received no information to support this claim.
This property is not designated as a heritage building. It is understood and appreciated that residents have affection for their community and the buildings that are part of it. However, as noted previously, this property is located in an area that is considered an area in transition, with examples of intensification occurring in proximity where single detached units once existed.
This concern has been forwarded to the Traffic, Engineering & Technical Services Unit of the Public Works Department for their review and consideration.
The Councillor is aware of the application and concurs with the restriction on roadway accesses.