8. ZONING - PART OF 5500 KANATA AVENUE
ZONAGE - PARTIE DU 5500, AVENUE KANATA
(This application is subject to Bill 51)
That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of Part of 5500 Kanata Avenue from Residential Third Density Subzone V V, urban exception 1037 (R3V V) to Residential Fourth Density Subzone M (R4M), and to amend urban exception 744 as detailed in Document 2 and as shown in Document 1.
Recommandation DU Comité
(Cette demande est assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de zonage no 2008-250 afin de changer le zonage d’une partie de la propriété située au 5500, avenue Kanata, de Zone résidentielle de densité 3, Sous-zone V V, exception urbaine 1037 (R3V V) à Zone résidentielle de densité 4, Sous-zone M (R4M), et de modifier l’exception urbaine 744 comme l’explique le document 2 et l'illustre le document 1.
1. Deputy City Manager’s report, Infrastructure Services and Community Sustainability dated 4 August 2009 (ACS2009-ICS-PGM-00146).
That the recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of Part of 5500 Kanata Avenue from Residential Third Density Subzone V V, urban exception 1037 (R3V V) to Residential Fourth Density Subzone M (R4M), and to amend urban exception 744 as detailed in Document 2 and 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 no 2008-250 afin de changer le zonage d’une partie de la propriété située au 5500, avenue Kanata, de Zone résidentielle de densité 3, Sous-zone V V, exception urbaine 1037 (R3V V) à Zone résidentielle de densité 4, Sous-zone M (R4M), et de modifier l’exception urbaine 744 comme l’explique le document 2 et l'illustre le document 1.
The subject site is located at 5500 Kanata Avenue, which is bounded by Kanata Avenue, the proposed Terry Fox Drive extension, and Richardson Side Road. The subject site is an irregular parcel within a larger plan of subdivision that is 17.2 hectares in area. The site is undeveloped and is characterized by steep, rocky topography and extensive vegetation. Surrounding land uses includes the Heritage Hills subdivision to the east, future urban development lands to the north and west, and a stormwater management facility to the south. Part of the site (Area A as shown on Document 1) is subject to the proposed rezoning and is 1.93 ha in area. Area B as shown on Document 2 is subject to a text change to urban exception 744.
Draft approval of a Plan of Subdivision for the site occurred in March 2006 and was extended in March 2009, consisting of a mix of residential dwelling types, a park, an open space corridor, and a commercial block. Zoning By-law amendments for the site were enacted by Council in October 2005 and March 2008, which reflected the subdivision configuration.
The proposed zoning amendment is intended to permit the development of 120 stacked townhomes in Block 153 of the subdivision, located along the future Terry Fox Drive between Richardson Side Road and Tillsonburg Street. It is also required to clarify the rear yard setbacks for lots that have both residential and open space zoning.
The affected area is designated as General Urban Area in the Official Plan and is currently zoned for low to medium density residential (R3V V, R1X H(12.2) and open space (O1 and O1).
The current R3V V zoning permits a variety of housing types including multiple attached dwellings (townhomes). The proposed R4M zoning will permit low rise apartment buildings, stacked townhomes, and a variety of other dwelling types. The intention of the applicant is to build a planned unit development consisting of stacked townhomes.
The rear yard setback measurement for all lots in the R1X  H(12.2) zone will also be clarified, which will specifically affect lots that back onto the O1  zone. This will ensure that rear yard setbacks will be measured from the boundary of the residential zone rather than the rear lot line, in order to protect the subject open space lands.
The site is designated as General Urban Area on Schedule “B” of the Official Plan. This designation permits all types and densities of residential development along with a range of other uses that are compatible with the surrounding community. The addition of a greater range of housing types for varying lifestyles is encouraged.
According to Section 2.2.3 of the Official Plan, the City supports intensification and infill throughout the urban area. The Official Plan requires that developments providing infill and intensification be compatible with their surroundings. This means that the new development must fit well with, and respect the pre-established character of the existing community. This can include building form, setbacks, height, proportions, distance between buildings, and building location.
Official Plan Section 4.7.7 indicates that the City will encourage the protection of landform features in addition to those identified specifically in the Official Plan, such as escarpments or rock outcrops. The Official Plan policies encourage owners and developers to use selective grading to minimize topographic change, as well as employ flexible setbacks to allow for creative building siting. The related Zoning By-law amendments will allow for the protection of the landform features of the site by allowing flexibility in height and setback, and protection of the steep slope.
In light of the above, the proposed Zoning By-law amendment conforms to the applicable Official Plan policies.
The Council approved “translate the broad framework into detailed principles for development. These guidelines play an integral role in achieving high quality design throughout the city, and are A “greenfield neighbourhood” refers to a large area of land within the Urban Area that has not been developed previously, or that has the potential to be extensively redeveloped. These design guidelines are focused on providing guidance for neighbourhood design during the subdivision review and zoning processes. Among the principles of the design guidelines are the following:
· Mix various types of housing on each street while considering the relationship (height, size, bulk) between each other, and to existing houses.
· Locate residential buildings close to the property line with their primary face addressing the street, and provide visual interest along the streetscape with a variety in setbacks and projections.
The proposed rezoning satisfies these criteria by offering a range of unit types and orienting buildings close to the street. The site will be subject to Site Plan Control Approval, at which time details of building layout, landscaping and grading will be addressed.
The applicant intends to retain as much of the unique natural topography of the site as possible. A steep slope exists along the southwest edge of the site. The proposed zoning of the open space lands will restrict the use of the sloped lands to private open space and conservation uses. In order to ensure that appropriate setbacks are provided from the open space lands, the minimum rear yard setback will be taken from the boundary of the lands zoned R1X  H(12.2).
Details of Changes to Zoning By-law 2008-250
The applicant is proposing to rezone Area A as shown on Document 1 from R3V V to R4M. The proposed R4M zoning will permit low-rise apartment buildings, stacked townhomes, and a variety of other dwelling types.
The applicant is also proposing to amend urban special exception 744 as detailed in Document 2, to ensure that lands zoned O1  are protected from development. The R1X  H(12.2) zone currently requires a minimum rear yard setback of 6 metres. Due to the fact that many of the properties zoned R1X  H(12.2) are dually zoned O1 , it is important to clarify in urban special exception 744 that the rear yard setbacks will be taken from the boundary of the residential zone rather than the rear property line.
The proposed permitted use is considered appropriate for the site, and will achieve the goal of providing a full range and choice of housing types. Further, the location on a collector road is considered an appropriate location for a higher density infill development, while respecting the existing character of the community. The proposal makes use of existing services, and is supportive of transit and pedestrian use. The Department supports this Zoning By-law amendment because the proposed use is compatible with the surrounding area and conforms to the applicable policies outlined within the Official Plan.
The Department also supports the minor revision proposed to the R1X  H(12.2) zone, as it meets the intent of both the official plan and Zoning By-law 2008-250, as it will ensure the protection of the abutting open space lands.
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. The City did not receive any negative comments or opposition to this application.
There are no legal/risk management implications associated with this report.
There are no direct financial implications associated with this report.
Document 1 Location Map
Document 2 Details of Recommended Zoning
City Clerk and Legal Services Branch, Legislative Services to notify the owner, Kanata Road Inc., c/o The Regional Group, 1737 Woodward Drive, Ottawa, ON. K2C 0P9 applicant, The Regional Group, attn: Josh Kardish, 1737 Woodward Drive, Ottawa, ON. K2C 0P9, 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 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. The lands shown as Area A on Document 1 zoned R3V V in Zoning By-law 2008-250 are rezoned R4M.
2. The land shown as Area B (Section 239, urban exception 744) will be subject to a text, Column V will be amended to include the following provision:
(a) The minimum rear yard setback to building main shall be measured from the R1X  H(12.2) zoning boundary when abutting lands zoned O1 .
(b) Notwithstanding Table 55, the setbacks required for an accessory structure or building shall be measured from the R1X  H(12.2) zoning boundary when abutting lands zoned O1 .