Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
11 January 2006 / le 11 janvier 2006
Submitted by/Soumis par : Ned
Lathrop, Deputy City Manager /
Directeur municipal adjoint
Planning and Growth Management / Urbanisme et Gestion de la croissance
Contact Person/Personne ressource : Karen Currie,
Manager / Gestionnaire
Development Approvals / Approbation des
demandes d'aménagement
(613) 580-2424 x28310,
Karen.Currie@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the Planning and Environment Committee recommend
that Council refuse an amendment to the former City of Cumberland Urban Zoning
By-law, to change the zoning of 100 Rossignol Crescent to permit residential
high-density apartment uses and row dwellings.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et de l’environnement
recommande au Conseil de refuser la modification du Règlement de zonage urbain
de l’ancienne Ville de Cumberland, pour modifier le zonage du 100, croissant
Rossignol afin de permettre les utilisations d’appartements résidentiels à
forte densité et les maisons en rangée.
BACKGROUND
The subject property is situated immediately north of Highway 174 and east of Tenth Line Road, and fronts onto North Service Road and Rossignol Crescent, which define the property’s north and east limits, respectively (see Document 1). This densely wooded site is approximately 7.8 hectares in area and is currently vacant in terms of development.
The subject site is on the extreme west edge of the largely undeveloped Cumberland North Business Sector. Farther west of Tenth Line Road is the established low-density residential community of Chatelaine Village. North of the site, across North Service Road, is a densely forested urban natural area that descends to the Ottawa River. The ravine of Brisebois Creek defines the site’s eastern limit. This relatively narrow, crescent-shaped site, so shaped by the future right-of-way of Rossignol Crescent, also partly surrounds the only established residential development east of Tenth Line Road known locally as Riverwalk. It is this enclave of townhouses that is most impacted by the proposed amendment, as is discussed below.
The subject site is currently zoned “Commercial Employment Park” (CEP), which permits a range of commercial office, industrial and institutional uses arranged in clusters or a park-like setting that incorporates open space amenity areas throughout. Several other commercial and residential uses are permitted provided they are ancillary to the main uses. For instance, a home for the aged and a senior citizens’ apartment are only permitted as an integral and subordinate part of an ambulatory health care centre. The current height limitations range from 14.0 metres adjacent to Tenth Line Road to 30.0 metres at the extreme east end of the site.
The application proposes to change the current zoning in effect over a portion of the site, identified as Area “A” on Document 1, to permit a retirement home and an apartment building as main uses. An increase to the current height limitation is also sought on this portion of the site. Also, the application proposes to add row and apartment dwellings to the current list of primary uses permitted on the balance of the site, identified as Area “B” on Document 1. No further changes to the existing zone provisions, including building height, are proposed to Area “B”.
DISCUSSION
City Council Approved Official Plan
The City Council Approved Official Plan, as recently amended by OPA 28, designates the subject property as “General Urban Area”, the intent of which is to permit the development of a full range of residential, employment, retail, service, cultural, leisure, entertainment and institutional uses that, together, define complete and sustainable communities. Prior to the adoption of Amendment 28, the subject property was designated as “Enterprise Area”, which provided for a concentration of office and industrial uses that accommodated over 2,000 jobs. However, as just one of the numerous changes to the Plan that Amendment 28 made in response to appeals following the adoption of the Plan in 2003, the land use designation of the property changed to General Urban Area in recognition of the fact that the property is no longer contiguous with the larger concentration of employment lands farther east, and is not of sufficient area to accommodate the minimum jobs target expected of an Enterprise Area. Nonetheless, the Plan still allows for the potential for employment of up to 2,000 jobs to occur on lands in the General Urban Area designation.
In addition, the General Urban Area designation contains a design-related policy that requires new development to be compatible in both form and function with the surrounding built environment. This specific policy is consistent with the Plan’s growth management strategy of building liveable communities.
Former Regional Official Plan
The former Regional Official Plan designates the subject site as “General Urban Area”, which, in this context, is the designation intended primarily for residential purposes and the shopping, service and community facilities required to meet day-to-day needs. Also, the Regional Official Plan specifically encourages the creation of employment in the General Urban Area so as to achieve balanced communities and a mix of uses. In this regard, the Plan permits clusters of contiguous non-residential uses having a development potential of up to 2,000 jobs anywhere in the designation.
Former Cumberland Official Plan
The former Cumberland Official Plan designates the subject site as “Business Sector – North”, the primary intent for which is the development of employment uses. The designation also allows for limited residential uses in park-like settings. In this regard, the Plan specifically identifies the subject site as being suitable for limited medium- to high-density residential uses because of its proximity to the Cumberland Town Centre and the future Transitway station proposed in the area of the Tenth Line Road/Highway 174 interchange. However, such residential uses are to be balanced by the primary employment uses.
Details of Proposed Zoning
The subject Zoning By-law amendment consists of two parts. The first part proposes to change the current zoning in effect over a 1.45-hectare parcel of the subject property, identified as Area “A” on Document 1, from “Commercial Employment Park” (PEC) to “Residential – High Density Apartment” (R5B), to permit a retirement home and an apartment building as main uses. An increase to the maximum building height limitation, from 14.0 metres to 21.0 metres, is also requested to permit these buildings of five and six storeys, respectively. The site plan of the proposed development and a typical building elevation are illustrated in Documents 2 and 3. The two rectangular-shaped buildings are sited perpendicular to each other and back onto the adjacent major roads. The apartment building, which parallels Tenth Line Road, is to contain 99 dwelling units, while the retirement home accommodates 103 units. Access to the site and the central shared surface parking area is gained via Rossignol Crescent.
The second part of the application proposes to amend the current zoning in effect over the remaining 6.35 hectares of the site, identified as Area “B” on Document 1, to add “Row Dwellings” and “Apartment Dwellings” to the current list of permitted uses in the “Commercial Employment Park” (CEP) zone. The maximum height limitations in effect on this portion of the site range from 14.0 metres adjacent to Tenth Line Road to 30.0 metres to the east. No development or demonstration plan was filed in support of this part of the proposal.
Loss of Employment Potential
It is staff’s opinion that the proposed amendment will undermine Council’s attainment of its objective to achieve a balance of jobs and housing for Orléans, and will contribute to the further erosion of employment opportunities in the community.
In addition to the land use policies described above, the City Council Approved Official Plan contains several policies relating to its long-term development strategy. In particular, Policy 2.2.3.5 requires that sufficient land be protected to provide a balance of employment and housing opportunities. In this regard, the Plan requires that employment opportunities be provided at a rate of at least 1.3 jobs per household in each of the three major urban communities outside the Greenbelt. Orléans, as of 2001, had a ratio of jobs to households of only 0.5:1. To address this deficit, the Plan assumes that new jobs in Orléans would be created at about 1.4 jobs per household after 2001, which is a slightly higher rate than the stated objective, but still not sufficient to erase the deficit by 2021. The Plan forecasts that, by 2021, the ratio of jobs to households will have increased to 0.9, which is a substantial improvement, but only half way to achieving the objective of 1.3 jobs per household. Nonetheless the Plan requires that the stated objective be met. Changing the zoning of the subject land to permit residential uses as primary uses, as is proposed, would further skew the balance in favour of housing opportunities by reducing employment opportunities and increasing housing potential.
In staff’s opinion, the subject vacant employment zoned site can contribute toward reducing this employment shortfall. The fact that the Official Plan no longer designates the site for employment purposes should not be taken to mean that it is not suitable for such purposes. As also noted, the General Urban Area permits employment opportunities of up to 2,000 jobs to occur on sites within the designation. For instance, the Carling Office Park (Carling Avenue at Highway 417), which comprises several mid-rise office buildings, including the world headquarters of Corel Corporation, is designated General Urban Area, as is the Youville Industrial Park in Orléans, which comprises several automobile dealerships and light industrial office buildings. With respect to the subject site, staff estimate that the entire 7.8-hectare site (6.7 net hectares), as currently zoned, has the potential to accommodate 1,200 to 1,300 jobs. This equates to a rate of employment of 194 jobs per net hectare, which is above the average but not uncommon for other areas of the city. By way of comparison, the applicant’s own estimate of employment potential for the retirement home and associated apartment building on 1.45 net hectares is about 100 employees, which represents an employment rate of about 70 jobs per net hectare. No similar estimates of employment potential were provided for the balance of the site on which residential uses are proposed. Clearly, the subject site, as currently zoned, still has the potential to accommodate a significant supply of jobs.
Situated adjacent to the interchange of Tenth Line Road and Highway 174 and close to a future Transitway station, the subject site is well suited for the type of employment uses contemplated by the Cumberland Official Plan and permitted in the Zoning By-law. In staff’s opinion, to allow the proposed retirement home and apartment building, or even the retirement home by itself, would represent the thin edge of the residential wedge that would spell the end to any future potential of significant employment on the balance of the subject site.
Appropriateness and Compatibility of Proposed Uses
Staff also conducted a thorough evaluation of the proposal both in terms of the site’s appropriateness for the requested uses and the compatibility of the requested uses with the surrounding uses and environment.
With respect to the matter of the site’s appropriateness, staff assessed the adequacy of the existing municipal infrastructure, including the road and parks networks and piped services, to handle the expected impacts. The review of the Traffic Impact Study submitted in support of the proposal was part of this assessment. While staff conclude that the site technically could support the proposed retirement home and apartment uses, such would not be the case for any additional residential apartment and row dwelling uses that may be proposed in Area “B” on Document 1. The existing municipal infrastructure, in particular the existing parkland network, is potentially not sufficient to support such additional uses.
In terms of the compatibility of the proposed uses with the surrounding built environment, staff considered the impact that the uses would have on the local traffic, as well as the visual impact that the proposed built form would have on the local residents’ enjoyment of their properties. In the latter instance, such aspects as building height and mass, interruption of direct sunlight to adjacent properties, and loss of privacy were assessed. Staff ‘s evaluation of the proposal concluded that the uses and built form intended for Area “A” on Document 1 could be compatible with the immediate surrounding residential development. However, in the absence of a demonstration plan for Area “B” of the proposal, it is difficult for staff to assess the potential impacts against the Official Plan’s policies of design compatibility.
In conclusion, while the requested zoning amendment may have some planning merit as it applies to Area “A” only, it is staff’s opinion that, more importantly, it would contribute to the further erosion of employment opportunities in Orléans and would put an end to any potential for significant employment opportunities to be generated on the subject lands. Therefore, the Department recommends that the proposed amendment to change the zoning of the subject property be refused.
Concurrent Application
An application for site plan control approval
(D07-12-05-0154) for the development of the retirement home and apartment
building on Area “A” on Document 1 was submitted in July 2005. It was deemed incomplete on submission and
placed on hold. The application
subsequently was deemed complete in late December 2005 and has since been
reactivated. It is currently on
circulation for comment.
ENVIRONMENTAL IMPLICATIONS
As part of the supporting documentation, the applicant submitted a Wetland Impact Statement to identify whether the proposed development would have any impacts on the designated Natural Urban Area immediately opposite the subject site to the north of North Service Road. The report concludes that the proposed development will not have a detectable impact on the significant natural environment and simply recommends that normal storm water management and sediment and erosion control measures are undertaken as part of any future development on the subject site.
CONSULTATION
Notice of this application was carried out in
accordance with the City’s Public Notification and Consultation Policy. The Mayor, acting on behalf of the interests
of Ward 1, is aware of this application and the staff recommendation.
A significant number of comments, including a 211-signature petition, were received from members of the public and the community organization, all of who oppose the proposed Zoning By-law amendment. Detailed responses to the notification/circulation are provided in Document 4.
FINANCIAL IMPLICATIONS
N/A
APPLICATION PROCESS
TIMELINE STATUS
The application was not processed by the "On
Time Decision Date" established for the processing of Zoning By-Law
amendments due in large part to the time required by the applicant to prepare
and submit the requested supporting documents, and to the delay caused by the
scheduling of a Public Information Session at the request of the former Ward
Councillor.
Also,
on 12 October
2005, following Councillor Kreling’s resignation, Council adopted a resolution
authorizing the Mayor to exercise any of the authority under the Delegation of
Authority By-law that would ordinarily reside with the Councillor for Ward
1. The Mayor subsequently requested
that the subject application not proceed to Planning and Environment Committee
until after the election and swearing in of the new Councillor.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Site
Plan of Proposed Development
Document 3 Proposed
Building Elevations
Document 4 Consultation
Details
Document 5 Petition in Support of the Report Recommendation (issued separately and held on file with the City Clerk)
DISPOSITION
Corporate Services Department, City
Clerk's Branch to notify the owner (Tenth Line Development Inc., c/o Ashcroft
Homes, 18 Antares Drive, Ottawa, ON K2E 1A9), applicant (Ms. Erin Topping,
Ashcroft Homes, same as owner's address), Signs.ca, 866 Campbell
Avenue, Ottawa, ON, K2A 2C5 and Ghislain Lamarche, Program Manager, Assessment,
Financial Services Branch (Mail Code:
26-76) of City Council’s decision.
Document 1
LOCATION MAP
Document 2
PROPOSED DEVELOPMENT PLAN
Document 3
PROPOSED BUILDING ELEVATIONS
Document 4
CONSULTATION DETAILS
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. A public information session was also held
in the community on 3 October 2005.
PUBLIC COMMENTS
Several comments were received from members of the public and community organizations, including the Orléans Chamber of Commerce and Team Ottawa-Orléans, following the initial posting of the on-site notice, and many more were submitted following the Public Information Session. The comments were numerous and unanimous in their opposition to the proposed Zoning By-law amendment, focusing mainly on the several concerns outlined below.
In addition, the Orléans Riverwalk Community Association submitted a petition bearing the signatures of more than 200 residents, all of who are opposed to the proposal. The specific reasons for adopting this position are not stated in the text of the petition.
SUMMARY OF PUBLIC INPUT
Issue
The residents expressed concern about the
anticipated negative impact that the proposed buildings would have on traffic
circulation and the ability of the local road network to handle the increased
volume. Related to this issue were
concerns about reduced pedestrian and child safety. Also, due to the perceived insufficient supply of on-site parking
spaces, residents anticipate that there will be an associated increase in the
frequency of on-street parking on the already congested narrow local streets.
Response
The traffic impact study submitted in support of the
amendment reasonably demonstrates that the adjacent highway, arterial and
collector roads have sufficient capacity to handle the anticipated increased volume
generated by either the proposed residential uses or any currently permitted
commercial uses (The report does not address the potential impacts of
residential development in Area “B” on Document 1). With respect to pedestrian safety, any future development of the
subject lands, whether it be residential or commercial in nature, will require
that sidewalks be provided along the south side of North Service Road, between
Rossignol Crescent and Tenth Line Road, and along the south side of the future
Rossignol Crescent extension. The
matter of off-site parking on the adjacent residential streets would be
appropriately addressed during the site plan control approval process.
Issue
With the expected removal of the existing trees that provide an effective visual buffer from Highway 174 and Tenth Line Road for residents, the loss of green space and the associated loss of privacy were of concern.
Response
Whether the subject site is developed for residential or commercial office purposes, the majority of the existing woodlot will likely need to be removed. However, staff would make every reasonable effort during the site plan control approval process to ensure that as many trees as possible are preserved.
Issue
Several residents also expressed concerns with the proposal over what they believe to be excessive building height. At a potential height of up to ten stories, buildings would tower over the existing two-storey townhouses and would be incompatible with the existing development.
Response
The currently permitted CEP zone already permits buildings of up to ten stories in height on the lands identified as Area “B” on Document 1. However, once a detailed development proposal is submitted for these lands, staff will assess how any potential impacts of the proposal on the adjacent residential community can be effectively mitigated.
Issue
The proposed apartment buildings along at the rear of the existing townhouses would block access to direct sunlight and negatively impact the residents’ enjoyment of their properties.
Response
At staff’s request, the applicant submitted a sun/shadow study to address this concern. Staff conclude that the study satisfactorily demonstrates that the proposed five- and six-storey buildings would have minimal impact on the residents’ access to direct sunlight during all times of the year. The study does not address any development proposed in Area “B” on Document 1.
Issue
Several residents expressed
concern that the existing municipal park system in the immediate area might not
be sufficient to meet the recreational needs of additional residents to the
community.
Response
The nearest active municipal park within reasonable walking distance from the subject site is approximately 400 metres west of Tenth Line Road along Jeanne d’Arc Boulevard, in Chatelaine Village. The Ottawa River pathway system is also nearby. As noted in the Discussion, staff share this concern, in that these recreational facilities are potentially not sufficient to support the additional residential apartment uses proposed in Area “B” on Document 1.
Issue
The proposed zoning change would permit residential buildings that are both incompatible with the surrounding development and out of character with the neighbourhood.
Response
Staff’s response to this issue is addressed in the Discussion under the subheading of Appropriateness and Compatibility of Proposed Uses.
Issue
The Orléans Chamber of Commerce, Mr. Marc Godbout, Member of Parliament for Ottawa-Orléans and active member of “Team Ottawa-Orléans” (TOO), and several members of the general public all expressed that the proposed development would amount to no more than an irreversible loss of vacant employment land in the Orléans area. The amendment, if allowed, would undermine the Chamber’s and TOO’s mutual objective to promote economic prosperity in Orléans and the east end of the City in general.
Response
Staff agree with the above position of the Chamber, TOO, and many residents, as is outlined in the Discussion.
COMMENTS OF PUBLIC INFORMATION SESSION HELD 3 OCTOBER 2005
A Public Information Session was held in the community on 3 October 2005 at the request of the former Ward Councillor. Approximately 110 residents attended the meeting and signed the register. Following the session, staff requested that residents submit written comments. More than 80 written comments were received. The comments focused overwhelmingly on the same concerns noted above.
RESPONSE TO PUBLIC INFORMATION SESSION COMMENTS
The concerns expressed during and after the Information Session are addressed under Summary of Public Input, above.
COUNCILLOR’S COMMENTS
Prior to his resignation, Councillor Kreling requested that staff organize and hold a Community Information Session to provide an opportunity for area residents to be informed about the proposal and to provide comment. A summary of the meeting is provided above.
COMMUNITY ORGANIZATION COMMENTS
The recently established Orléans Riverwalk Community Association (ORCA) submitted the following resolution, dated 29 September 2005, concerning the proposed zoning amendment:
“WHEREAS citizens of Ottawa who reside in Orleans Riverwalk (Wincanton, Lawler, Falconcrest enclave) have expressed their concerns and opposition regarding the application for rezoning (File: D02-02-05-0092);
THEREFORE BE IT RESOLVED that the ORCA oppose the proposed rezoning in the above noted application;
AND BE IT RESOLVED that City Staff, all elected City Councillors, and members of the Planning and Environment Committee be requested to deny the application for rezoning.”
ORCA submitted additional comments in opposition to the proposed amendment. It is mainly concerned that the subject lands remain zoned for commercial purposes, suggesting that the lands are ideally located close to highway access and residential areas to offer excellent future economic development and employment opportunities for Orléans.
Response
Staff agree with ORCA in this regard, as is outlined in the Discussion.