1.             ZONING – 280 HERZBERG ROAD






Committee recommendation


(This matter is Subject to Bill 51)


That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 280 Herzberg Road from General Industrial Zone Exception 1525 (IG[1525]) to Residential Fifth Density Subzone C Exception 1866 (R5C[1866]), as shown in Document 1 and detailed in Document 4.



Recommandation DU Comité


(Cette question est assujettie au Règlement 51)


Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de faire passer le zonage du 280, chemin Herzberg de IG[1525] (Zone d’industrie générale, dotée d’une exception 1525) à R5C[1866] (Zone résidentielle de densité 5, Sous-zone C, dotée d’une exception 1866), comme le montre le document 1 et l’explique en détail le document 4.









1.      Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 29 August 2011 (ACS2011-ICS-PGM-0170).



Report to/Rapport au:


Planning Committee

Comité de l'urbanisme


and Council / et au Conseil


29 August 2011 / le 29 août 2011


Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/

Directrice municipale adjointe, Infrastructure Services and Community Sustainability/Services d’infrastructure et Viabilité des collectivités


Contact Person/Personne-ressource : Derrick Moodie, Acting Manager/

Gestionnaire intérimaire, Development Review-Suburban Services/

Examen des projets d'aménagement-Services suburbains,

Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 15134  Derrick.Moodie@ottawa.ca



Kanata North (Ward 4)

Ref N°: ACS2011-ICS-PGM-0170




ZONING – 280 Herzberg Road (FILE NO. D02-02-08-0047)




ZONAGE – 280, chemin Herzberg





That the Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 280 Herzberg Road from General Industrial Zone Exception 1525 (IG[1525]) to Residential Fifth Density Subzone C Exception 1866 (R5C[1866]), as shown in Document 1 and detailed in Document 4.




Que le Comité de l'urbanisme recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de faire passer le zonage du 280, chemin Herzberg de IG[1525] (Zone d’industrie générale, dotée d’une exception 1525) à R5C[1866] (Zone résidentielle de densité 5, Sous-zone C, dotée d’une exception 1866), comme le montre le document 1 et l’explique en détail le document 4.





The subject property, 280 Herzberg Road, is located on the northwest corner of Herzberg Road and Terry Fox Drive within the Kanata North Business Park (as shown on Document 1).  The site has an area approximately 0.15 hectares in size and it currently contains a one-storey dwelling, detached garage and small storage shed.  Herzberg Road forms both eastern and southern property lines for the subject site. The majority of the lot has been cleared but there are mature trees along its perimeter.  Two gravel driveways have been established along Herzberg Road. The site has approximately 32 metres of frontage on Herzberg Road. The lot is presently on private water and sanitary facilities.  The applicant proposes to connect to full municipal services for any future on-site development.


The Marshes Golf Course is located immediately to the east and south of the road on the opposite side of Herzberg Road.   There is a vacant parcel of land west of Terry Fox Drive.  The adjacent property to the north has been recently developed as stacked office units.


The applicant proposes to demolish the single detached dwelling unit at 280 Herzberg Road and replace it with a seven-storey residential apartment building with 36 condominium units and 44 indoor parking spaces. The building will have frontage on Herzberg Road and Terry Fox Drive with a footprint of approximately 720 square metres (as shown on Document 3).


The building is proposed to be set back three metres from both Herzberg Road and Terry Fox Drive. The ground floor will contain an amenity area. The proposed unit breakdown will be a mix of one bedroom, one bedroom plus den, two bedroom and two bedroom plus den units.


The vehicle entry to the underground parking is proposed to be from the eastern side along Herzberg Road with a passenger drop-off located along the southern Herzberg Road frontage. The drop-off will be restricted to a one-way operation in the counter clockwise direction (as shown in Document 2).


The applicant is proposing a total of 44 parking spaces (1.0 space per dwelling unit with 0.2 provided for visitor parking) on site located in two underground parking levels. This includes visitor accessible parking space. Bicycle stalls will be provided outside at the required rate of 0.5 per unit.


Purpose of Zoning Amendment


The current residential use of the property is not permitted but exists as a legal non-conforming use.  The zoning by-law amendment proposes to rezone the subject lands to establish a residential zone that permits a variety of residential uses including multiple-attached dwelling, stacked townhouse dwelling, low-rise apartment, and planned unit development.


Existing Zoning


The subject property is currently zoned General Industrial Zone Exception 1525 (IG [1525]). The purpose of this zone is to permit a wide range of low-to-moderate impact light industrial uses in accordance with the Enterprise Area designation of the Official Plan.  The current residential use is legal non-conforming.


Urban Exception 1525, allows for the additional use of a Place of Assembly but prohibits: animal care establishment; automobile dealership; automobile rental establishment; automobile service station; car wash; convenience store; gas bar; instructional facility; personal service business; and/or restaurant.


Proposed Zoning


The applicant is proposing to amend the current zoning to a Residential Fifth Density Subzone C Exception 1866 (R5C[1866]) with a site specific exception to permit a reduction in the minimum required parking from 1.2 spaces per unit to 1.0 spaces per unit.





Planning Act and Provincial Policy Statement


Section 2 of the Planning Act outlines those land use matters that are of provincial interest, to which all City planning decisions shall have regard.  The provincial interests that apply to this site include the appropriate location of growth and development and the promotion of development that is designed to be sustainable to support public transit and to be oriented to pedestrians.  In addition, the Planning Act requires that all City planning decisions be consistent with the Provincial Policy Statement (PPS), a document that provides further policies on matters of provincial interest related to land use development. PPS policies indicate that there should be an appropriate mix of uses and range of housing types and densities which efficiently use land, resources, infrastructure and public service facilities, and support the use of alternative transportation modes and public transit.


The proposed zoning allows for a mix of residential uses, which will efficiently use land and contribute to a balanced community. The site is conveniently located nearby residential and commercial areas to allow for access by pedestrians.  The density of the proposal makes good use of existing urban lands, services, and infrastructure.  Staff conclude that the proposal is consistent with the matters of provincial interest as outlined in the Planning Act and PPS.


Official Plan


Strategic Direction


Section 2 of the Official Plan sets broad strategic directions to meet the challenge of managing growth, providing infrastructure, maintaining environmental integrity and creating liveable communities within Ottawa.

To meet these challenges, polices are set out to pursue a mix of land uses, housing types and compact forms of development which in turn will enable the City to support a high-quality transit system and make better use of existing infrastructure and roads.  The proposed development provides a density that will support this overall goal.


Land Use Designation


The site is designated as “Enterprise Area” on Schedule B of the Official Plan with Agricultural Resource Area and Greenbelt Rural Designations located on the opposite side of Herzberg Road.  Enterprise Areas are areas of employment that may accommodate the integration of housing without detracting from its ability to accommodate jobs. The designation must still provide opportunity for a concentration of employment but, by increasing the employment densities, may also be able to support medium and high-density housing.  Under Section 3.6.5 of the Official Plan, Enterprise Areas have the following characteristics:


·         The potential to provide for at least 2,000 jobs;

·         At least 50 percent of the land is or will be devoted to employment;

·         The employment uses existing or planned for the area will not negatively impact on residential uses through noise, odour, health concerns or other conflicts;

·         Generally, the employment uses have less stringent location requirements than those associated with Employment Areas, except that the area should be well served by public transit and may require access to truck routes;

·         Contain business park type employment such as offices, but have the potential to achieve employment densities higher than achieved in traditional park-like settings; and

·         Are easily accessible from the surrounding community so that residential uses can be well integrated, both within the Enterprise Area itself and with the adjoining residential area, and can easily access residential amenities and services.


Policy 4 of Section 3.6.5 states that residential uses are permitted in Enterprise Areas by amendment to the zoning by-law. Applications to provide for residential uses within an Enterprise Area will be considered provided the following criteria are met:


a)      The applicable site development policies in the Official Plan have been satisfied;

b)      A mix of housing is provided, but all housing is in the form of townhouses, stacked townhouses or apartments;

c)      The Enterprise Area and particularly the residential uses within it, is linked to adjacent areas by roads and pathways;

d)     The residential uses are functionally integrated with employment uses through such means as sharing sites or buildings occupied by employment uses, occupying sites adjacent to employment uses, provision of common linkages (roads, pathways), strategic location of parks so as to be mutually beneficial, central location of employment uses, opportunities to share parking, convenient transit routing, mutual accessibility to convenience uses, amenities and services, and any other means that may be appropriate; and

e)      Any demand that residential uses will create for additional amenities and services has been assessed and the means of addressing such demands has been identified.

After a thorough review of the policies listed above, staff conclude that the subject site meets all of the criteria to permit a residential use in the Enterprise Area.  Furthermore, the type of development that is proposed meets the densities and design criteria promoted in the City’s design guidelines.


Compatibility and Urban Design


Section 2.5.1 of the Official Plan establishes design objectives which describe the vision for the form of the City’s built environment.  These objectives are broadly stated and are applicable to all land use designations either at the city-wide level or on a site-specific basis.  Design principles are further set out to describe how the City intends to achieve the design objectives, with acknowledgment that all the design objectives may not be achieved or be achievable in all cases. 


The proposed development is consistent with and implements the design objectives which speak to enhancing the sense of community, defining public and private spaces through development, and having new development respect the character of existing areas.  An enhanced sense of community is being achieved by infilling an underdeveloped site and strengthening the urban fabric of the street physically and practically.  Public and private spaces are being defined through the establishment of a strong street edge and pedestrian environment. The proposed new development respects the character of the existing area by complementing the massing pattern, height, and character of the surrounding context. 


The subject site is well suited to supporting higher density residential development. The surrounding area contains a predominance of employment uses and the Enterprise Area designation supports apartments. The close proximity of employment areas offers ideal integration opportunities based on common linkages (roads and pathways). Additionally, the road network can easily accommodate a minor increase in traffic with public transit servicing the site along Terry Fox Drive for peak hour service to and from the downtown core (Routes 169 and 182).


Details of Proposed Zoning


The Zoning By-law Amendment proposes to amend the existing General Industrial Zone Exception 1525 (IG [1525]) to Residential Fifth Density Subzone C Exception 1866 (R5C [1866]) zone, which would permit the proposed residential use and a reduction in the required parking. The details of the zoning amendment are contained in Document 2.


Parking Requirements


A total of 44 parking spaces including visitor spaces will be provided on two underground parking levels based on the proposed rate of 1.0 space per dwelling unit with 0.2 spaces provided for visitor parking. The Zoning By-law requires 1.2 parking spaces per dwelling unit for an apartment building, mid–high rise and low rise, with a complementary 0.2 spaces per dwelling unit, for visitor parking in suburban areas, in this case for a total of 50 spaces.  However, Section 101.6 of the by-law permits a reduction of 10 percent in the minimum parking requirement, where all spaces are provided underground. 

The proposed development would qualify for a reduction of 5.0 spaces, bringing the total required to 45 spaces.  Therefore, a reduction of 1.0 space is being requested.


Staff recommend the reduction in parking (1 space) on the following basis:


·         The existence of alternative modal transportation choices such as cycling, walking and transit service from OC Transpo routes 169 and 182 directly adjacent to the proposed development site;

·         The majority of the anticipated building residents are likely to be individuals employed within the Kanata North Business Park, which is easily within walking distance to the north and south;

·         The potential for short term parking to be provided in the proposed lay-by area, which will be explored during Site Plan approval.


In summary, 44 spaces are proposed where 45 spaces are currently required, for a difference of one space.


Heritage Considerations


The proposed development is not beside nor does it face any heritage properties and therefore does not impact or overwhelm adjacent heritage character. Its proximity to the completely altered landscapes of the recently constructed golf course and office developments also mean that there is little impact to the heritage landscape of the greenbelt.


Infrastructure Considerations


The proponent of the Zoning Amendment Bylaw application has demonstrated to staff, through a Site Service Briefing letter/report and Assessment of Sanitary Flow letter/report, that public infrastructure is available and has sufficient available capacity to service the proposed development.


·         Sanitary service: the proponent shall be required to extend the existing 250mm diameter PVC sanitary sewer (approximately 40m) at their expense along Terry Fox Drive in order to connect to proposed sanitary sewer service.

·         Storm service: the proponent is proposing to connect to existing 450mm diameter PVC storm sewer located along Herzberg Road via a proposed storm sewer service.

·         Water service: the proponent is proposing to connect to existing 406mm diameter PVC watermain along Terry Fox Drive via proposed water service.

·         Site grading and stormwater management: the site is to be designed such that, flows to the storm sewer in excess of the 5-year storm release rate, must be detained on site.




The proposed development supports the direction of the Planning Act and Provincial Policy Statement by creating new development at densities and locations that efficiently uses land, existing infrastructure and supports alternative transportation.  It represents an appropriate form of intensification, and is in conformity with the policies in the Official Plan.  Staff are satisfied that suitability, compatibility, design, transportation, and heritage aspects of the proposed use and site have been adequately considered in light of the relevant Official Plan policies, heritage and design guidelines.  The proposed Zoning By-law Amendment conforms with the general intent of the Official Plan and is compatible with the surrounding existing residential and employment uses, and as such, staff recommend its approval. 




The Communications Research Centre (CRC), located within the Greenbelt, at 3701 Carling Avenue, is the Federal Government's leading centre of expertise in satellite communications.  The CRC site contains a large satellite antenna field that emits radiofrequency electromagnetic fields.  Exposure to radiofrequency electromagnetic fields represents a possible hazard to human health. 


Radiation Protection Bureau of Health Canada has produced Safety Code 6 – “Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3kHz to 300 GHz” to specify maximum levels and durations of exposure to radiofrequency fields of frequencies between 3 kHz and 300 GHz to prevent human health effects.  


As part of OPA 76, a 500m buffer was added to Schedule K which limits the height of buildings within the area affected by the Safety Code 6 to avoid the possibility of impacts of radiofrequency electromagnetic fields originating from the CRC antenna and to prevent new structures from blocking or adding possible sources of radiofrequency interference at the CRC site. 


The subject site is outside the 500m radius, and therefore, the height restriction does not apply to this proposal.




Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.  A summary of comments received is detailed in Document 5.





The Councillor is aware of the application and has given her concurrence to proceed with the zoning by-law amendment at this time.





There are no legal/risk management implications associated with this report.




The application is consistent with the Planning and Growth Management priority which encourages the infill and intensification of lands designated General Urban Area.




There are no direct financial implications associated with this report.




The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the complexity of the issues associated with residential development in proximity with Communications Research Centres' satellite operations and communications.




Document 1    Location Map

Document 2    Proposed Site Plan

Document 3    3D Rendering

Document 4    Details of Recommended Zoning

Document 5    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 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.



herzberg280_nLOCATION MAP                                                                                                  DOCUMENT 1




PROPOSED SITE PLAN                                                                                    DOCUMENT 2





3D RENDERING                                                                                                  DOCUMENT 3













































DETAILS OF RECOMMENDED ZONING                                                         DOCUMENT 4


1.         The lands known as 280 Herzberg Road will be rezoned from IG [1525] (General Industrial Zone, Exception 1525) to R5C[1866] H25 (Residential Fifth Density Subzone C, Exception 1866, Maximum building height of 25 metres)


2.         A new exception, [1866], will be added to Section 239 and will include the following provisions:


·             Minimum rear yard setback shall be 3.0 metres;

·             Minimum interior side yard setback for any part of a building located further than 21 m from the front lot line: 3.0 metres;

·             Minimum parking spaces required shall be 1.0 spaces per dwelling unit;



CONSULTATION DETAILS                                                                             DOCUMENT 5




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. 



1.      One letter of support was received from a resident of Marshes Village, a condominium community situated within the Kanata North Business Park.  It was their opinion that any attempts to add residents to the business park in a medium density development is a great opportunity for the area.  They are concerned however with possible impacts on the intersection of Carling and Herzberg which may be beyond capacity.


2.      Another resident argued against approval of this proposal.  They state that the proposed development would block their view of the golf course that they paid a premium to see.  Also, they believe there would be parking issues and trees would have to be cut down.


3.      Communications Research Centre (CRC) required that serious investigation be undertaken prior to Council’s decision on this proposal.  This is because of the transmission of microwave radiation emitting from various earth stations on the CRC campus.  An additional consideration would be the line of site to the satellites.  A structure that is too tall would interfere with satellite communication.  CRC recommends:


a)      limiting construction within a 500 metre radius of the CRC building 46 to non-residential buildings only, and limiting the height to 10 metres.


b)      At a 500 metre radius, the maximum height could be increased to 30 metres, and further increased by 5 metres for every 100 metres further away from the compound.


These points would ensure that Safety Code 6 requirements (the Government of Canada’s Radio Frequency exposure limits) can be met and that satellite blockage is acceptable.





·           The City will be modifying the intersection of Carling Avenue and Herzberg Road (scheduled for 2009) by constructing eastbound and westbound left turn lanes on Carling Avenue and lengthening the westbound right turn lane.  These modifications will improve the general operation of this intersection.



·           Three main points were raised: 


                                i.            the impact on their view:

·           At the closest point, the subject lands are approximately 210 metres away from Marshes Village.  Between the condominium and the proposed building are 2 holes of the Marshes Golf Course.  The building will not be blocking the view

                              ii.            parking:

·           A total of 44 parking spaces (1 space per dwelling unit with 0.2 provided for visitor parking) will be provided on site on two underground parking levels; including visitor parking.

                            iii.            tree cutting:

·         As part of the subsequent Site Plan Control application, the Owner will be obliged to submit for the City’s review and approval, a Tree Preservation and Protection Plan.  He will also be required to implement the Plan’s recommendations that will result in appropriate land stewardship.


·                     Subsequent to the submission of their initial comments, CRC undertook a detailed investigation on the potential impact of microwave radiation on this site.  They also assessed the extent of the interruption of satellite communication that will occur as a result of the construction of a tall building.  In addition to these examinations, extensive communication between CRC, the Owner and City staff has taken place to consider this proposal.  Through these efforts, it has been determined that residential development at 280 Herzberg Road may proceed provided that it is situated beyond 500 metres from CRC’s satellite transmission source (identified as Building 46) and the height of the building remains below 25 metres.  The Owner has accepted these restrictions and will design his building accordingly.