1. ZONING – 74 EQUESTRIAN DRIVE
ZONAGE – 74, PROMENADE EQUESTRIAN
That Council approve an amendment to Zoning By‑law 2008-250 to change the zoning of 74 Equestrian Drive from Residential First Density Subzone T (R1T) to Residential Third Density Subzone B exception [XXXX] (R3B[XXXX]) as shown in Document 1 and as detailed in Document 2.
Recommandation DU Comité
Que le Conseil approuve une modification au Règlement de zonage no 2008-250 en vue de changer le zonage de la propriété située au 74, promenade Equestrian, de Zone résidentielle de densité 1, Sous-zone T (R1T) à Zone résidentielle de densité 3, Sous-zone B avec exception [XXXX] (R3B[XXXX]) afin de permettre l’aménagement d’un complexe immobilier, comme le montre le document 1 et l’explique le document 2.
Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 13 December 2011 (ACS2012-ICS-PGM-0003).
That the Planning Committee recommend Council approve an amendment to Zoning By‑law 2008-250 to change the zoning of 74 Equestrian Drive from Residential First Density Subzone T (R1T) to Residential Third Density Subzone B exception [XXXX] (R3B[XXXX]) as shown in Document 1 and as detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme recommande au Conseil d’approuver une modification au Règlement de zonage no 2008-250 en vue de changer le zonage de la propriété située au 74, promenade Equestrian, de Zone résidentielle de densité 1, Sous-zone T (R1T) à Zone résidentielle de densité 3, Sous-zone B avec exception [XXXX] (R3B[XXXX]) afin de permettre l’aménagement d’un complexe immobilier, comme le montre le document 1 et l’explique le document 2.
The subject property, 74 Equestrian Drive, is located on the east side of Equestrian Drive, between Spur Avenue and Bridgestone Drive in the Bridlewood Community.
The subject property is currently a farmstead that has been at this location for many years and is one of the last remnant parcels of undeveloped land in the community. There is a detached dwelling, large barn and five associated outbuildings on the property. The subject site is irregular in shape, with 38.4 metres of frontage on Equestrian Drive and an area of approximately 0.83 hectares. The surrounding lands have been developed as a residential subdivison. To the north and west of the property are detached homes fronting onto Equestrian Drive and Spur Avenue. The easterly and southeasterly sides of the property abut freehold townhouses located on Waymark Crescent.
Purpose of Zoning Amendment
The purpose of the requested Zoning By-law Amendment is to rezone the property to accommodate its redevelopment as a planned unit development comprised of 22 dwelling units on a private street.
The subject property is currently zoned Residential First Density Subzone T (R1T). This zone permits primarily detached dwellings, together with other uses such as a secondary dwelling unit, retirement home, bed and breakfast and group home. A maximum building height of 11 metres is permitted.
The proposed amendment is to rezone the subject property from the R1T Zone to a site-specific R3B Zone, to allow a planned unit development, defined as two or more residential use buildings on the same lot.
Longwood Building Corporation proposes to develop the site with 18 single storey townhouses and four single storey semi-detached homes. The homes will each have approximately 9 metres of frontage on a 6.5-metre wide dead-end private street. Fifteen of the 22 units will each have a double garage, with the remaining seven units having a single garage. All garages will be set back a minimum of 5.2 metres from the private street, to accommodate an additional parking space in the driveway. An exception to the proposed R3B zone provisions would specify a 5.5-metre rear yard depth and a 3.5-metre interior side yard depth for the proposed units.
Provincial Policy Statement
Under Section 3 of the Planning Act, all decisions affecting planning matters shall be consistent with the Provincial Policy Statement (PPS). The PPS states that healthy, liveable and safe communities are created by promoting efficient development and land use patterns, and that planning authorities shall promote opportunities for intensification and redevelopment where it can be accommodated, taking into account the availability of existing infrastructure and public service facilities.
An appropriate range of housing types and densities is to be provided to meet the requirements of current and future residents, by promoting densities for new housing which efficiently use land, resources, infrastructure and public facilities.
The proposed Zoning By-law amendment conforms to the PPS by making efficient use of undeveloped land for intensification within a built up area where existing infrastructure can support development. The proposal takes full advantage of an available opportunity to redevelop lands within an established neighbourhood with available services.
The subject property is designated as General Urban Area in the Official Plan. This designation permits a full range of housing types to meet the needs of all ages, incomes and life circumstances, in combination with employment, retail and institutional uses to contribute to complete communities. The Official Plan supports infill development where it complements existing areas and contributes to their long-term vitality, and directs growth to established areas to maximize use of land that is already serviced, accessible and close to existing amenities. New development proposed within the interior of established neighbourhoods will be designed to complement the area's pattern of built form and open spaces.
The proposed planned unit development is consistent with the intent of the Official Plan in that it will maintain the low-rise residential character of the community. The development increases the mix of housing options in an area currently consisting of two-storey detached and freehold townhomes, while the proposed low profile bungalows with attached garages reduce any potential negative impact on the surrounding area.
The Official Plan emphasizes the importance of compatibility of new development to its surroundings in order to reduce the possibility of negative impacts. Compatible development refers to development that coexists with an established community without causing undue adverse impacts on surrounding properties. The proposed planned unit development is designed to reduce any negative impacts on the surrounding area and to be compatible with the Bridlewood community. The low profile bungalow dwellings will have negligible impact in terms of shading and privacy. This will also be aided by the fact that for the most part, the rear yards of the proposed homes will abut the rear yards of the adjacent existing homes. The proposed development will maintain the low-rise character of the neighbourhood and expands the range of choice of housing types offered.
Section 4.11 of the Official Plan sets out criteria that are used to evaluate compatibility of proposed developments. The Official Plan acknowledges that in some situations, compatibility of infill development may be more difficult to achieve than in other situations. Criteria that can be used to evaluate compatibility include: traffic, vehicular access, parking, height and massing, pattern of surrounding community, outdoor amenity area, lighting, noise and air quality, sunlight, and supporting neighbourhood services. The proposed development meets the criteria for compatibility as follows:
• Traffic: Equestrian Drive is classified as a collector road, meant to carry a higher volume of traffic. Based on the minimal number of units proposed, this development did not necessitate a Transportation Impact Study as per the City’s guidelines. There would be no significant impact on traffic as a result of this development, and no road modifications would be required. Although Equestrian Drive and Spur Avenue may currently experience occasional congestion at peak times, the capacity of the street and nearby intersections are sufficient to safely accommodate the additional traffic into the local road network. The configuration and alignment of the proposed site access is considered to be safe and appropriate.
• Vehicular Access: Location of vehicular access should address nuisance on adjacent properties and should be oriented to non-local streets. The site will be served by one shared access from Equestrian Drive in order to ensure improved vehicular flow and a safer pedestrian environment. The proposed entrance has been aligned as far as possible from the intersection of Equestrian Drive and Spur Avenue, to provide exiting traffic with an unobstructed view and allow safe merging into traffic.
• Parking Requirements: Infill developments should have sufficient parking to minimize potential for spill-over parking on adjacent streets. Zoning By-law requirements specify that in the case of a planned unit development, the minimum setback from a garage to a private street is 5.2 metres, to provide sufficient space for additional parking in the driveway. The by-law requires one parking space per unit, and in the case of a planned unit development, where a dwelling unit has a driveway accessing its own garage, no visitor parking is required for that dwelling unit. The proposed development satisfies and exceeds by-law requirements: seven units have a single garage and 15 units have a double garage, each with additional parking spaces in the driveway. Although not required, four visitor parking spaces will be provided in a small parking lot. The development therefore has ample parking to serve the residents’ needs, and is unlikely to generate any spillover parking off-site.
• Building Height and Massing: New buildings should have regard for the existing context of the area to enhance compatibility. The proposed single storey dwellings fall within the allowable building height limit of 11.0 metres currently in effect and are in fact lower in profile than the surrounding two-storey homes. The development includes two pairs of semi-detached units, and five blocks of townhouses arranged in groups of only three or four units, further reducing the visual impact on surrounding properties.
• Pattern of Surrounding Community: The built form of the surrounding residential subdivision is primarily detached and townhouse dwellings, all two storeys in height. The low profile of the proposed residential development provides an appropriate transition from the abutting detached residential community on Spur Avenue to the higher density townhouse development that has been built on Waymark Crescent. The General Urban Area designation supports ground‑oriented housing forms such as triplex and low-rise stacked units as an appropriate housing form for infill development in established low-rise residential communities. The proposed residential development is on a smaller scale and is kept low profile to ensure there are no adverse impacts on adjacent properties. A 1.8-metre wood screen fence was installed along the easterly and southerly lot lines of the subject site as part of the developer obligations associated with the Waymark Crescent townhouse development.
A new 1.8-metre wood screen fence will be constructed along the westerly lot line abutting the Spur Avenue properties, which will provide consistency and further mitigate any impact.
• Outdoor Amenity Area: New developments are to respect privacy of outdoor amenity areas of adjacent units. Siting of the proposed residential buildings close to the internal private laneway provides separation from the shared lot lines, ensuring that windows are not directly overlooking the yards of neighbouring properties. There will be a setback of 5.5 metres from the rear wall of the units to the rear lot line, providing adequate separation.
A yard setback of 3.5 metres from the side wall of two end units to the lot line is proposed, and this configuration is comparable to homes on corner lots backing onto the side yard of an abutting property. Privacy of adjacent neighbours will be enhanced through a 1.8‑metre wood screen privacy fence proposed around the perimeter of the development.
• Lighting, Noise, Air Quality, and Sunlight: New developments should minimize potential nuisance related to lighting, noise or odour, and minimize shadowing on adjacent properties. No impacts have been identified, since the proposed use will generate negligible amounts of light or noise. There will be no shadowing effect on nearby residential properties due to the low profile of the proposed development.
• Supporting Neighbourhood Services: The proposed development is adequately served by all services and amenities. It is located in proximity to a number of parks, a community centre, and neighbourhood commercial uses. The slight increase in density helps to support existing neighbourhood services and bring new residents into the area.
Design Guidelines for Low-Medium Density Infill Housing
Well-designed residential infill projects can integrate harmoniously into and enrich a neighbourhood. Good design is essential for increasing densities appropriately, and being compatible with the scale of the neighbourhood. The Design Guidelines for Low-Medium Density Infill Housing are applicable to this site, and provide further details about compatibility and design. According to the guidelines, new development should reflect the existing or planned pattern of development in terms of height, front, rear and side yard setbacks, animate the public streets and provide a streetscape that is inviting, safe and accessible. The single storey units, wide lots and small blocks of townhouses minimize the visual impact on abutting detached homes. By orienting the end unit adjacent to Equestrian Drive so that its front door faces the street, with the garage accessed from the private road, the design enhances the streetscape, making it more inviting for pedestrians. Although details such as building orientation and site layout will be evaluated and finalized through the ensuing Site Plan Control approval process, the conceptual site plan submitted in support of the rezoning application satisfies the guidelines for infill housing.
An application for Site Plan Control Approval will be submitted should the Zoning By-law amendment be adopted. The proposed development, as illustrated on Document 4, will conform to the requested Zoning By-law at such time as the amendments recommended through this report are in full force and effect.
Detailed plans identifying building layout, setbacks, landscaping, fencing, servicing, grading and stormwater management will be prepared and evaluated through that process. In addition to the preliminary site plan submitted, conceptual servicing and stormwater management aspects of the development were reviewed as part of the subject application, and capacity exists to serve the proposed development.
The proposed zoning for the site is described in Document 2. The requested by-law amendment would rezone the site from R1T to a site-specific R3B Zone, with the following provisions: rear yard, where it abuts a rear yard on an abutting lot, to be 5.5 metres; interior side yard, where it abuts a rear yard on an abutting lot, to be 3.5 metres, and minimum width of driveway providing access to a parking lot to be 6.5 metres.
The proposed development balances the need for intensification and infill as supported in the Official Plan with appropriate consideration given to compatibility. The proposed Zoning By-law amendment conforms to the general intent of the Official Plan and staff recommend approval of the proposed zoning.
Councillor Allan Hubley is aware of the application and the staff recommendation.
There are no legal implications associated with this report. Should the report be carried by City Council, and the by-law is appealed to the Ontario Municipal Board, it is estimated that a hearing would take approximately three days and utilize City resources. Should Council not carry the report, and the refusal is appealed to the Ontario Municipal Board, it is estimated that a hearing would take three days, would require an external planner and an external infrastructure engineer and the approximate cost would be $35,000 - $50,000.
RISK MANAGEMENT IMPLICATIONS
Potential costs are outlined in the Legal Implications section above. Should the services of an external planner and an external infrastructure engineer be required, funds ($35,000 to $50,000) are not available within existing budget, and the expense may impact Planning and Growth Management’s operating budget status.
The Rideau Valley Conservation Authority has indicated that there are no environmental issues associated with the proposed Zoning By-law Amendment.
The proposed development aligns with the City Strategic Plan in that it respects the existing urban fabric, neighbourhood form, and the limits of existing hard services, so that new growth is integrated seamlessly within an established community.
The application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments.
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Consultation Details
Document 4 Conceptual Site Plan
City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5, 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 on Document 1 zoned R1T under By-law 2008-250 will be rezoned to R3B[xxxx].
2. Section 239 of By-law 2008-250 will be amended to add a new exception including the following provisions similar in effect to the following:
· Minimum interior side yard setback:
i) 3.5 metres for a distance of 30 metres measured from the rear lot line;
ii) 3.5 metres for that portion of the lot line which abuts 225 Waymark Crescent;
iii) 5.5 metres from all other lot lines; and
· Minimum rear yard setback: 5.5 metres.
· A driveway providing access to a parking lot must have a minimum width of 6.5 metres.
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 INPUT
There were numerous comments received from adjacent residents regarding this application. They are summarized below:
Compatibility: The density of the proposed development is out of character with the surrounding neighbourhood, and will have a negative impact on the immediate area.
Response: The proposed bungalow townhouses and semi-detached units are low profile, offer wide lots, provide sufficient parking and fit well within the neighbourhood. The proposed development serves as an appropriate transition between the detached homes on Spur Avenue and the townhouses on Waymark Crescent.
Setbacks from Existing Yards: There is concern that the 5.5-metre rear yard setback and the side yard setback of the new houses to rear yards of homes on Spur Avenue are insufficient, and will result in reduced privacy.
Response: The 5.5-metre rear yard setback, combined with the one-storey height of the dwelling, provides sufficient privacy for adjacent homes. The final configuration of the dwelling on the lot must strike an appropriate balance between various factors: floor area of dwelling, building height, yard setback from abutting lots and front yard setback to accommodate parking in the driveway. The required floor area could alternatively be accommodated in a two-storey dwelling, with a smaller footprint and increased rear yard setback, but this would result in an associated increased height. The proposed setback reflects the optimum combination of these factors, with the slightly reduced rear yard offset by the one-storey height. The side yard setback of the two end units has been increased from the 2.0 metres initially proposed to 3.5 metres, and is comparable to situations found on corner lots, where a rear yard abuts a neighbour’s side yard.
Access: The only access to the proposed development provides a difficult access for emergency and service vehicles. Measures should be taken to ensure that there is proper road maintenance so that there are no problems with snow removal, garbage collection and emergency vehicle access. There could also be issues with moving and delivery truck access.
Response: The 6.5-metre width proposed for the private street exceeds the by-law requirements, which specify a minimum 6.0-metre width. The preliminary street design incorporates elements such as a wide turning radius and a hammerhead for turn-around movements, which satisfy the requirements of Emergency Services vehicles. A more detailed review of the street’s engineering will be undertaken through the Site Plan Control process. In addition, a common elements agreement will be required as a condition of Site Plan Control Approval to address the owners’ joint responsibility for maintenance of the private street and associated services.
Lack of Visitor Parking: The private street does not provide any parking space for visitors or service vehicles, which would result in spill-over onto Equestrian Drive.
Response: Private streets of the width proposed are not intended to accommodate visitor parking, and the proposed development provides parking that is considerably in excess of what is required by the by-law. The by-law requires one parking space per unit and a 5.2-metre setback from the garage to the private street, to allow an additional parking space in the driveway. The majority of the units will have double garages, thereby providing four parking spaces per dwelling unit. Separate visitor parking is not required for planned unit developments where a private garage and driveway are provided for each unit, since visitor parking can be accommodated in the driveways. Nonetheless, the proponent is proposing to provide a parking lot with four visitor parking spaces to further improve the parking situation.
Traffic: The increased traffic generated by the development will contribute to slowing of traffic on Equestrian Drive, especially during the morning rush hour. There will also be increased traffic on Spur Avenue.
Response: The minimal number of units proposed by this development did not trigger the need for a Traffic Impact Study. The traffic generated by this development can be safely accommodated by the existing road network.
Landscaping: There is concern about the lack of greenspace and landscaping in the new development. The trees in existing yards could also be in danger.
Response: The proposed yard sizes are sufficient to provide adequate greenspace for the development, and new landscaping will be required through the Site Plan Control Approval process. A Tree Conservation Plan will also be required in association with that process, ensuring that existing trees will be retained where possible, and that measures are in place to ensure that trees in adjacent yards are unharmed.
Permitted Height: The developer may decide to build a different type of development than that proposed for the rezoning application. This could include increased building height or an increased number of units.
Response: The details of the requested rezoning are specific to the conceptual proposal submitted. Furthermore, the development will be subject to Site Plan Control Approval, which would result in the approval of site-specific plans. Any significant deviation from the approved plan would trigger further staff review.
Grading and Drainage: The site is higher than existing homes on Spur Avenue, and the proposed development will therefore be higher in elevation. The drainage and stormwater must be examined to ensure there is no run-off into rear yards.
Response: The Site Plan Control Application will require the submission of detailed engineering plans, including grading, drainage and stormwater management plans. All plans are reviewed to ensure that there is no run-off onto abutting properties.
It is a requirement that stormwater be managed on-site in an appropriate manner to ensure that run-off from the proposed development does not exceed pre-development flows.
Parkland: There is no plan for a park or greenspace. The developers should contribute money towards a park/greenspace elsewhere in the Bridlewood community.
Response: The developer will be required to contribute cash-in-lieu of parkland in accordance with the Parkland Dedication By-law. The payment is a standard condition of Site Plan Control Approval, with the amount based on a formula relating to the number of units and the appraised value of the property. The Parkland Dedication By-law specifies that a portion of the funds are directed towards parks development in the ward, and a portion towards City-wide facilities.
Servicing: Residents are experiencing problems with water pressure. The addition of the extra units may impact the water supply, sewers and storm water drainage.
Response: A servicing brief was prepared in support of the rezoning application and was reviewed by staff to ensure that there were no adverse impacts. The watermains, sanitary sewers and storm sewers have the available capacity to handle the proposed development.
Proximity of Private Street: The T-shaped private street extends to the property line, which allows the ends of the road to be used for purposes such as parking and snow storage. This could result in safety concerns for existing residents of the properties that back onto the segments.
Response: The conceptual plan does not include detailed design. The ends of the private street will be appropriately landscaped, with several metres of space being provided between the terminus of the asphalt and the property line.
Nuisance: Construction could damage existing homes through excavation and blasting, as well as create nuisance from noise and dust.
Response: Construction activities are regulated by by-laws concerning allowable hours of work, requirements for dust control and permitted noise levels. Blasting is not regulated by the City, but is within the mandate of Provincial controls. Although some nuisance is to be expected when a new development is under construction, activities must fall within the allowable guidelines in place.
Potential Contamination: Demolition and decontamination of the current buildings and soil is a concern.
Response: A Phase 1 Environmental Site Assessment was undertaken for the subject site, to identify any potential contamination resulting from historical land use. The standard conditions of Site Plan Control Approval would require that any necessary soil remediation will be carried out as needed, and that the existing well and septic system be decommissioned in accordance with current regulations.
Wildlife: The safe re-location of wildlife currently occupying the barn must be ensured.
Response: The owner will be responsible for removing the animals with regard for the safety of adjoining property owners.
Impact on Schools: The proposed development might impact schools in the area which are already at capacity or exceeding it.
Response: The proposed development of only 22 units will have negligible impact on the school population. The school boards were provided with notice of the application and no concerns were identified.
COMMUNITY ORGANIZATION COMMENTS
The Bridlewood Community Association raised several concerns regarding the proposed zoning and the proposed development:
Staff responses to these concerns are addressed above and in the body of the report.
CONCEPTUAL SITE PLAN DOCUMENT 4