(This matter is not Subject to Bill 51)
That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 940 Old Montréal Road from Development Reserve (DR) to Residential Third Density, Subzone VV (R3VV), Residential Fifth Density, Subzone A (R5A), Residential Fifth Density, Subzone A, Maximum Height 16 metres, (R5A H(16)), Environmental Protection (EP), Environmental Protection 1 (EP1), and Parks and Open Space O1 as shown in Document 1 and as detailed in Document 2.
RECOMMANDATION DU COMITÉ
(Cette question n’est pas assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 940, chemin Old Montréal de Zone d’aménagement futur (DR) à Zone résidentielle de densité 3, sous-zone VV (R3VV), Zone résidentielle de densité 5, sous-zone A (R5A), Zone résidentielle de densité 5, sous-zone A, assortie d’une hauteur maximale de 16 mètres (R5A H(16)), Zone de protection de l’environnement (EP), Zone de protection de l’environnement 1 (EP1) et à Zone de parc et d’espace vert (O1), comme il est indiqué dans le Document 1 et décrit en détail dans le Document 2.
1. Deputy City Manager's report Infrastructure Services and Community Sustainability dated 1 September 2010 (ACS2010-ICS-PGM-0171).
2. Extract of Draft Minutes of 14 September 2010.
That Planning and Environment Committee recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 940 Old Montreal Road from Development Reserve (DR) to Residential Third Density, Subzone VV (R3VV), Residential Fifth Density, Subzone A (R5A), Residential Fifth Density, Subzone A, Maximum Height 16 metres, (R5A H(16)), Environmental Protection (EP), Environmental Protection 1 (EP1), and Parks and Open Space O1 as shown in Document 1 and 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 2008-250 afin de changer la désignation de zonage du 940, chemin Old Montréal de Zone d’aménagement futur (DR) à Zone résidentielle de densité 3, sous-zone VV (R3VV), Zone résidentielle de densité 5, sous-zone A (R5A), Zone résidentielle de densité 5, sous-zone A, assortie d’une hauteur maximale de 16 mètres (R5A H(16)), Zone de protection de l’environnement (EP), Zone de protection de l’environnement 1 (EP1) et à Zone de parc et d’espace vert (O1), comme il est indiqué dans le Document 1 et décrit en détail dans le Document 2.
The subject property is bounded to the north by Old Montreal Road, to the east by low density residential development fronting along Gerald Street, to the south by Watters Road and to the west by Trim Road.
The subject land is characterized as an open meadow, gently rising from Old Montreal Road to Watters Road. Two significant woodlots are located adjacent to Old Montreal Road and Watters Road. The site contains an area of 11.4 hectares with approximately 172 metres of frontage along Old Montreal Road, 455 metres along Trim Road and 95.5 metres along Watters Road. Primary access to the site will be provided from Old Montreal Road with a right-in/right-out access on Trim Road. No access will be provided to Watters Road. A number of local roads are to be created to provide access to individual lots.
The applicants are proposing to amend the Zoning By-law to implement residential zones which will permit detached, multiple attached dwellings and mid-high rise apartment dwellings. The new zoning would conform to the lot and road pattern outlined in the Draft Plan of Subdivision approved by the City on December 23, 2008.
The proposal consists of 39 lots for detached dwellings and seven blocks for 73 multiple attached dwellings. The plan also proposes two blocks for residential buildings up to a mid-high rise apartment dwelling. The subdivision also includes lands to be dedicated to the City for the open space, environmental protection lands, a walkway and streets.
The Zoning By-law zones the lands DR (Development Reserve), which recognizes lands intended for future urban development in areas designated as General Urban Area.
The purpose of the Zoning By-law amendment is to permit the construction of detached dwellings, multiple attached dwellings and mid-high rise apartment dwellings in accordance with the Draft Plan of Subdivision.
The Official Plan designates the site as General Urban Area with a portion located in the south east corner as Urban Natural Feature. The General Urban Area designation permits a full range of types and densities of housing to meet the needs of all ages, incomes and life circumstances, including low, medium and high density housing and seniors’ apartments, in combination with well located employment, shopping, service, cultural, leisure, park, natural areas and institutional uses to facilitate the development of complete and sustainable communities. The Urban Natural Feature designation is to preserve natural features that are currently managed for conservation or passive leisure uses.
The Development Reserve Zone of the Zoning By-law recognizes that the subject lands are intended for future development. The proposed subdivision is one of the few remaining undeveloped areas within this vicinity, with the Urban Boundary located approximately 550 metres to the east.
The street layout services the proposed development and a proposed walkway block has been reserved to provide a pedestrian connection between the proposed development and the established subdivision to the east.
The proposed zoning for this subdivision is consistent with the approved draft plan of subdivision. The zoning makes use of the existing Residential Third Density and Residential Fifth Density zones within the Zoning By-law, indicating that the general form of development has been previously contemplated and is considered appropriate.
The lands to be conveyed from the Owner to the City through the subdivision agreement for parks purposes will be zoned Parks and Open Space, (O1). The Urban Natural Feature lands to be conveyed to the City will be zoned Environmental Protection (EP).
The two significant woodlots which are presently on the site will be under the ownership of the City. The northern portion, abutting Old Montreal Road will be dedicated as parkland and the southern portion, part of Urban Natural Feature No. 94, abutting Watters Road, will be acquired by the City.
A condition has been included in the draft conditions requiring that new plant materials are to consist only of species native to Eastern Ontario and reflect the natural landscape.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The City received public comments related to the concurrent draft plan of subdivision and zone amendment applications. A summary of comments is presented in Document 3.
Councillor Bob Monette - Orléans indicated during a meeting with staff that he was concerned with the potential impact that the increased traffic would have on the existing road network and traffic circulation, and identified the issue as the community’s primary concern.
Councillor Monette also indicated concern with the potential impact that the construction activity could have on the foundations and wells of the nearby Gerald Street residential properties and, as such, requested that measures to mitigate such impact be implemented. Also, he expressed that only large lots intended for single detached dwellings should abut the Gerald Street properties along the eastern boundary of the subdivision as a means to respect the privacy of existing residents as much as possible.
Councillor Monette supports the preservation and protection of the existing forested areas at the north and south extremes of the site through either parkland dedication or acquisition by the City, or both. He also indicated that sidewalks should be provided throughout the subdivision and along Trim Road to allow for the efficient and safe movement of pedestrians, and expressed support in principle for the future pedestrian pathway connection between the proposed development and Gerald Street. Finally, the Councillor indicated that he did not support the proposed retirement residence within the subdivision, as, in his opinion, there are already more than enough similar proposed or approved residences in Orléans.
Document 3 contains the staff response to the Councillor’s comments.
There are no legal/risk management implications associated with this report.
In accordance with the City Strategic Plan, this development respects the existing urban fabric and the infrastructure required for the growth is available or will be available to serve the development.
There are no direct financial implications associated with this report.
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Consultation Details
City Clerk and Solicitor Department, Legislative Services to notify the owner/applicant, 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 Branch and undertake the statutory notification.
Legal Services Branch to forward the implementing by-laws to City Council.
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
A. Zoning By-law 2008-250
The zoning map of the Comprehensive City of Ottawa Zoning By-law will be amended by changing the zoning for the subject properties from Development Reserve (DR) to R3VV, R5A, R5A H(16), EP, EP1 and O1as shown on Document 1.
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. Three public meetings were also held in the community in association with both the draft plan of subdivision and the Zoning By-law amendment.
Enhanced notification was carried out and included the holding of three public meetings in the community – the first held on 18 April 2006 to consider the initial application submission, the second held on 6 September 2007 to consider the substantially revised resubmission, and the third held on 30 September 2008 to present the final plan to the public. Public notices of the first two meetings were sent by mail to all property owners within 120 metres of the proposed development site, and also were provided in the local English and French language community newspapers. On-site notices of both meetings were also provided. Councillor Monette presided over both meetings, each of which was attended by approximately 40 members of the public. Public notice of the final meeting was mailed to surrounding residents by the Councillor’s office. Approximately 20 members of the public attended this meeting.
The most common concern expressed was the expected further increase in traffic congestion in the vicinity of the development and particularly along Trim Road. Also, many concerns were expressed about the blind and potentially dangerous intersection at Old Montreal Road and the local street of the proposed subdivision. An equal number of concerns were expressed over the perceived high density of development, at 180 dwelling units not including the retirement home. Residents were concerned that such a density would change the character of the area.
Specific to Gerald Street residents, a common concern was expressed about the potential impact that the proposed development and ensuing construction activity could have on the integrity of their wells and foundation walls. The residents requested that appropriate measures and safeguards be implemented to prevent damage to such structures. Also, with such a high-density development proposed next to their properties, the residents anticipate a significant loss of privacy and enjoyment of their respective properties. It was urged that appropriate forms of screening be required to mitigate such losses as much as possible.
Finally, similar concerns as those outlined by the Ward Councillor were expressed generally about pedestrian connectivity and the provision of sidewalks, the preservation of both wooded areas, and the preference for low-density single detached dwellings abutting the Gerald Street properties.
Generally, the majority of public that provided comment understood that development of the subject site was inevitable, but they clearly expressed that such development should be compatible with the surrounding residential character and simply be of a high quality.
Response to Comments
With respect to the concerns expressed over increased traffic and circulation, the main public street through the subdivision is now proposed to intersect Old Montreal Road and Trim Road, which should somewhat reduce the volume of traffic that was projected to enter or exit the subdivision solely through the intersection at Old Montreal Road. However, the construction of the intersection at Trim Road will be restricted to right-in/right-out movements only. The revised traffic study submitted in support of the application and reviewed by City staff confirms that the existing road network in the vicinity of the proposed subdivision is adequate to handle the projected increase in traffic.
The proposed number of dwelling units has decreased from 180 to 166 units, not including the retirement residence. This represents a development density of about 44 dwelling units per net hectare. Planning staff are satisfied that such density is consistent with the relevant policies of the Official Plan, and that it should not adversely affect the low-density residential character of the surrounding neighbourhoods.
It should be noted that several of the recommended conditions of draft plan of subdivision approval address matters of urban design in an effort to ensure that the proposed development is of the highest quality. While the site’s topography presents a considerable constraint to development, it also affords opportunities to create dramatic streetscapes with a varied mix of dwelling types.
Response to Councillor Comments
As noted above, following the second public meeting, the proposed draft plan of subdivision was further revised to respond to the Councillor’s and public concerns. The most notable change was to the road pattern. The main north-south local street through the subdivision now connects to Trim Road as well as to Old Montreal Road. This modification to the street layout will redistribute traffic circulation in the vicinity of the subject development. However, it is noted that such connection to Trim Road will be restricted to right-in/right-out turning movements.
The revised draft plan also delimits the urban natural forest at the south limit of the site as a block on the draft plan. Staff’s conditions of approval recommend that the City commence the acquisition of the block for protection and Council has already approved the acquisition and budgeted for it accordingly. Measures to acquire the block have already been initiated. Similarly, the forested area at the north limit of the subject lands is to be conveyed to the City as parkland dedication largely in an effort to preserve the existing forest cover. With respect to the protection of privacy for the existing Gerald Street residents, the draft plan proposes only large single detached lots (11.4 metres in width) along the entire east limit of the subdivision.
While the draft plan continues to reserve a block for a retirement home use, it should be noted that the same block is sufficiently sized to accommodate apartment dwellings should the retirement home proposal not be realized. The proposed zoning of this block will permit either use.
The remaining concerns of the Councillor respecting the integrity of Gerald Street residential foundations and wells, and the provision of sidewalks, are adequately addressed in the conditions of draft plan of subdivision. Sidewalks are to be located on the west/north side of Antigonish Avenue, the road connecting Old Montreal Road to Trim Road. Further, the widening of Trim Road is currently in the design stage and will include sidewalks on both sides of the road. There is a requirement for a preconstruction survey for the residential properties on Gerald Street and the single dwelling on Trim Road immediately adjacent to the subdivision. This has been provided to the City. A well interference report was also required through the draft conditions and has been completed, indicating no concerns.
(This matter is not Subject to Bill 51)
A letter dated 12 September 2010 was received from François and Michelle Sylvain with respect to this matter, which was circulated and is held on file with the City Clerk.
Jim Burghout, Claridge Homes, was present as the applicant in support of the application.
Enrique Roman also registered to speak to the item. John Moser, General Manager of Planning and Growth Management advised that staff had spoken with Mr. Roman and provided him with additional information, and he was not expected to attend.
Committee approved the report recommendation, as presented:
That recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 940 Old Montréal Road from Development Reserve (DR) to Residential Third Density, Subzone VV (R3VV), Residential Fifth Density, Subzone A (R5A), Residential Fifth Density, Subzone A, Maximum Height 16 metres, (R5A H(16)), Environmental Protection (EP), Environmental Protection 1 (EP1), and Parks and Open Space O1 as shown in Document 1 and as detailed in Document 2.