1. ZONING - 8154 Jeanne D'Arc
BoulevarD |
Committee recommendation
That Council approve an amendment to the
former Cumberland Urban Zoning By-Law to change the zoning of 8154 Jeanne
D'Arc Boulevard from CCN - Commercial Convenience Neighbourhood to CCN (XX) and
R3D (XX) as shown in Document 1 and as detailed in Document 2.
Recommandation du Comité
Que le Conseil approuve une modification au Règlement de zonage urbain de
l’ancienne Ville de Cumberland afin de faire passer la désignation de zonage de
la propriété située au 8154, boulevard Jeanne‑D’Arc de CCN (carrefour
commercial) à CCN (XX) et R3D (XX), comme l’illustre le document 1 et le précise le document 2.
Documentation
1. Deputy City Manager's report (Planning
and Growth Management) dated
1 March 2006 (ACS2006-PGM-APR-0031).
2. Extract of Draft Minute, 25 April 2006.
Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
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
SUBJECT: |
ZONING - 8154 Jeanne D'Arc Boulevard (FILE
NO. D02-02-05-0072) |
|
|
OBJET : |
REPORT RECOMMENDATION
That the Planning and Environment
Committee recommend Council approve an amendment to the former Cumberland Urban
Zoning By-Law to change the zoning of 8154 Jeanne D'Arc Boulevard from CCN
- Commercial Convenience Neighbourhood to CCN (XX) and R3D (XX) 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
urbain de l’ancienne Ville de Cumberland afin de faire passer la désignation de
zonage de la propriété située au 8154, boulevard Jeanne‑D’Arc de CCN
(carrefour commercial) à CCN (XX) et R3D (XX), comme l’illustre le document 1
et le précise le document 2.
BACKGROUND
The
site is located at 8154 Jeanne d'Arc Boulevard and is situated on the south
side of the road between Kinglet Way and Lawnsberry Drive. The site lies within
a residential neighbourhood which consists of singles, semi-detached and
townhouse developments. The Divine Infant Catholic Elementary School is located
200 metres west of the site.
This
parcel has 110 metres frontage on Jeanne d'Arc Boulevard and is 42 metres deep.
A small commercial plaza currently exists on the westerly half of the property
while the east half of the site is vacant. The existing plaza parking lot has
access to both Jeanne d'Arc Boulevard and Lawnsberry Drive.
The
proposal is to change the zoning to permit a seven-unit freehold townhouse
development on the eastern half of the site while continuing to maintain the
existing commercial plaza on the western half. The freehold units will extend
the entire depth of the site and therefore, the commercial driveway access from
Lawnsberry Drive will be removed. A common rear lane will provide vehicular
access to the townhouses from Lawnsberry Drive.
The site is currently zoned Commercial Convenience Neighbourhood (CCN) and is intended to provide the neighbourhood commercial needs for the surrounding residential area.
DISCUSSION
City Council Approved Official Plan
The proposed Zoning By-law amendment complies
with the policies of the former Cumberland Official Plan which designates the
land Residential as well as the City Council Approved Official Plan which
designates the property General Urban Area.
Both of these designations encourage residential intensification and
infill developments. This proposal is compatible with the development
surrounding the site which includes single, semi-detached and townhouse
dwellings.
An existing commercial plaza is located on the
west portion of the land. The remainder
of the property has been vacant since its construction in the late 1970's. A commercial expansion was originally
envisioned for the east portion of the parcel, however the market has rendered
this option not viable today. As a
result, the landowners have opted to request a Zoning By-law amendment on the
property to permit the development of a seven unit townhome block.
Details of Proposed Zoning
The property is currently zoned CCN - Commercial Convenience Neighbourhood which permits the development of a shopping plaza. The east half of the site is proposed to be rezoned R3D (XX) to permit the construction of seven townhome units fronting onto Jeanne D'Arc Boulevard. These townhomes are expected to have two storeys and will not have driveways on Jeanne D'Arc Boulevard. The exception will recognize that the front yard would be reduced to 3.0 metres which will have the effect of creating a strong street presence and encourage a well designed streetscape along Jeanne D'Arc Boulevard. All other provisions of the R3D-X5 zone would apply. This exception will also allow for a reduction in the setback from the daylight triangle from the required 4.5 metres to 3.0 metres. The existing entrance on Lawnsberry Drive onto the site will remain to give access to these units but not to the commercial development. Driveways and garages would be provided for each unit off the access lane. The garages located in the rear yards will be permitted to be attached to provide more greenspace and useable yard and therefore the setback for an accessory building in this zone will be reduced from 1.2 metres to 0.0 metres. The private rear lane access will be limited to the residents of the new units only which will cut down on the amount of vehicular traffic. The details of the proposed amendments are provided in Document 2.
The Zoning By-law amendment will result in a
reduction in parking spaces for the commercial plaza. A new CCN (XX) zone will be created to recognize this reduction
in parking as well as the setbacks of the existing building which differ from
the current CCN zone provisions because of its legal non-conforming
status. The parking spaces will remain
as they exist as they function appropriately with the uses in the plaza
currently. A parking assessment was
submitted by the applicant which confirmed that during peak times (end of the
week evenings and weekends) the number of vehicles parked ranged from a low of
four to a high of fourteen during the count periods. The heaviest demands occurred on Friday afternoon when the
take-out establishments were the most active.
The Zoning By-law amendment will therefore recognize that despite the
parking provisions for a shopping centre, 21 parking spaces are to be provided
on this commercial site. It will also
recognize a change in the front yard from the required 10.0 metres to 1.6
metres and in the rear yard from 6.0 metres to 5.6 metres. All other provisions of the CCN zone will
continue to apply.
CONSULTATION
Notice of this application was carried
out in accordance with the City’s Public Notification and Consultation Policy.
The Ward Councillor's office and the Mayor's office have been made aware of
this application and the staff recommendation.
Community Comments
The City received comments from neighbouring residents who are opposed to this application. Among the comments received, some residents objected to townhomes being built in this location and some would prefer the land to remain vacant. Residents backing onto the subject site expected a one storey plaza to be built there in the future. They claim that from that site you can only see single and semi-detached dwellings and they are in opposition to seeing townhomes being introduced in the neighbourhood in fear that this will have a negative impact on the value of their property. They are concerned that there will be more traffic in proximity to their properties if this Zoning By-law amendment goes forward to permit residential units rather than commercial development. The residents immediately abutting the property to the south are concerned that there will be increased traffic and noise resulting from this proposed development as it directly backs onto their backyards. Construction noise is also a concern.
The proposal for townhomes is in keeping with the City's Official Plan policies which encourages residential intensification within existing urban developments. It is considered an appropriate choice of land use since there is no demonstrated need for the second phase of the commercial development and it is consistent and compatible with the two storey homes found in the existing neighbourhood. A residential community, including single family, semi-detached and townhouse units, is viewed as providing an appropriate mix of unit types. Townhouses of this density are compatible with other low density housing forms.
The existing entrance on Lawnsberry onto the site will remain to give access to these units but not to the commercial development. The access will therefore be limited to the residents of the new units only which will cut down on the number of vehicles on this lane as compared to the traffic generated by a commercial development. There is also an existing wood fence between the subject property and the abutting residential dwellings to the south which already serves as a buffer between both developments. The noise generated by the construction will be temporary as there is usually an 18 to 24 month time limit for duration of construction for a site plan once the agreement has been registered.
FINANCIAL IMPLICATIONS
This application was not processed by the "On
Time Decision Date" established for the processing of Zoning By-Law
Amendment applications. In order to
permit the proposed development, a concept plan had to be submitted to
demonstrate how the development would fit into the community. In order to justify the reduction in the
required parking for the commercial site, a parking assessment also had to be
submitted by the applicant.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details
of Recommended Zoning
Document 3 Proposed
Site Plan
Corporate Services Department, City Clerk's
Branch to notify the owner (Denis Marchand, Premiere Construction Ltd., Unit 30
- 1010 Polytek Street, Gloucester, ON
K1J 9J1), applicant (Michael Segreto, 30 Concourse Gate, Unit 47,
Ottawa, ON K2E 7V7),
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.
Planning and Growth Management Department to
prepare the implementing by-law, forward to Legal Services Branch and undertake
the statutory notification.
Corporate Services Department, Legal Services Branch to forward the implementing by-law to City Council.
Document 2
DETAILS OF RECOMMENDED ZONING
Schedule A of the Cumberland By-law 1-84 will be amended by changing the zoning for 8154 Jeanne D’Arc Boulevard from CCN – Commercial Convenience Neighbourhood to CCN (XX) and R3D (XX) as shown on Document 1.
A new exception zone will be created for the R3D zone to reduce the front yard from 6.0 metres to 3.0 metres. This exception will also allow for a reduction in the setback from the daylight triangle from the required 4.5 metres to 3.0 metres which equals the required front yard and external side yard setbacks. It will also recognize that a sight triangle will be deemed not to be a street lot line for the purpose of yard requirements. The setback for an accessory building will be reduced from the required 1.2 metres to 0.0 metres to permit attached garages.
An exception to the CCN – Commercial Convenience Neighbourhood will be created in order to recognize the setbacks to the existing commercial building. The front yard setback will be reduced from 10.0 metres to 1.6 metres, the rear year from 6.0 metres to 5.6 metres and despite the parking provisions, the number of parking spaces required for this site will be 21 spaces.
Document 3
PROPOSED SITE PLAN
ZONING - 8154 Jeanne D'Arc BoulevarD
ZONAGE
- 8154, boulevard jeanne d'arc
ACS2006-PGM-APR-0031 ORLÉANS (1)
Ms. Julie Houle, Planner, Development Approvals,
East/South Division, presented the staff report by means of a PowerPoint
presentation. She indicated that the proposed amendment would change the zoning
of the site from Commercial Convenience Neighbourhood (CCN) to permit a
seven-unit, freehold townhouse development on the eastern half of the site,
while maintaining the existing commercial plaza on the western half. A copy of the PowerPoint presentation is on
file with the City Clerk.
The following public delegations were heard, in opposition to the proposed amendment:
Mr. Jean-Jacques Séguin, a resident of Kingfisher Crescent,
in front of the site, read from a prepared statement (on file with the City
Clerk) listing his objections as being:
·
Concerns
about the future of the existing commercial site;
·
The
lack of access to the units from Jeanne d’Arc Blvd;
·
The
number of proposed townhouses is too high for this site;
·
The
impact of the development on the adjoining properties which are mostly
single-family homes;
·
The
lack of accountability and transparency in the planning process.
Councillor Georges Bédard pointed
out that most people believe a commercial development, and not the type
envisioned here, is more apt to have an impact on adjoining property
values. Mr. Séguin clarified that the
existing commercial site is beneficial to the neighbourhood, and the first
preference would be to leave things as they are. Failing this, adjoining residents would prefer three single-family
homes on the site, because they feel that seven townhouses represents over-use
of the site. There already are access
problems in the adjoining neighbourhood, and people to the south now need to go
through Jeanne d’Arc Blvd to access the commercial plaza.
In response to a question from Councillor
Michel Bellemare, Mr. Séguin clarified that he is not opposed to development
but would prefer that the site be reserved for future commercial
development. He added that there is
almost noc commercial development from Jeanne d’Arc Blvd to Trim Road.
Mr. Jim Furlotte, a resident of Kingfisher Crescent,
submitted written documentation (held on file with the City Clerk), in
opposition to the proposal. His
concerns echoed those of Mr. Séguin, with additional comments about the lack of
impact analysis as to how the proposed development would affect the surrounding
residents and business owners in the strip mall.
Rick Turnbull a local resident, said that, in
1983 when he considered buying in this area, MacDonald Developments had
indicated that single family homes would be built, as well as a single storey
building to house medical practitioners, but this did not materialize. He spoke about the meeting held by the ward
Councillor, Bob Monette, saying it drew many residents, most of whom were
opposed to the development. Mr.
Turnbull also alluded to the fact that neither the City, nor the proponent had
offered to consult with the public, and that, because of the appointment of
Herb Kreling as Justice of the Peace, area residents were without
representation at City Hall for a period of time. He re-stated the objections made by the previous speakers, with
the addition of privacy and buffering concerns, visitor parking and snow
removal. Mr. Turnbull thought it would
be prudent to step back and reassess the situation, in an effort to reach
consensus for the wisest use of this parcel of land.
Ronald Denis, representing the applicant,
indicated that he has worked with City staff for 12-18 months, within the
guidelines and the intensification policies to come up with this development,
which he called a good proposal.
When asked by Councillor Gord Hunter
to address concerns voiced in opposition to the project, Mr. Denis clarified
that the property owner does not develop commercial entities and the developer
who bought the land is a residential builder.
The proposal for residential development was made because the existing
commercial property is not viable financially.
With regard to building single family homes on the lot, Mr. Denis said
the initial proposal called for 2 singles, 2 sets of semi detached and one semi
facing Jeanne d’Arc Blvd. Staff
requested that the applicant consider a streetscape with houses facing Jeanne
d’Arc Blvd, with access from the side streets.
Committee Discussion
The ward Councillor, Bob Monette,
asked that the Committee not support the proponent’s argument about the lack of
commercial viability of this site. He
pointed out that there are too many instances of developers buying commercial
lands to convert them to residential uses.
The Councillor stated that most of the thirty-five people who attended
his information meeting preferred that there be commercial development on this
site. The owner of a Quickie
convenience store in the vicinity is concerned about negative effects on his and
other small businesses, as there is already scarcely any parking
available. Councillor Monette said the
addition of seven townhouses means more people will be looking for more
services and there is not a lot of commercial development in this area. He asked that the Committee not approve the
report recommendation.
Councillor Bellemare pointed out
that, when residential subdivisions were approved for this area, the former
municipality earmarked specific areas for parks, schools and commercial
development, and these designations have to be taken seriously. The Councillor did not believe that
maintaining the current zoning would be against intensification guidelines,
positing the Committee must look at conditions on the ground and evaluate
applications on a neighbourhood-by-neighbourhood basis. Councillor Bellemare added that each of the
speakers alluded to the lack of commercial development in this area, and while
business and commercial development is cyclical, he felt it would not be
prudent to shut the door on that kind of development for this site.
Councillor Alex Cullen said that,
while the Official Plan (OP) promotes intensification, there are conflicts
between trying to reach these goals and preventing urban sprawl. He opined that a proposal for stacked
townhouses is better than one for an eighteen-floor tower. The Councillor said another factor is that
the existing commercial mall has not expanded since it was originally built,
and the property owner wants to take advantage of the adjacent vacant land to
build more housing. Councillor Cullen
thought that commercial development might never take place, and that the
proposed development would fit well into the fabric of the community
The Committee then considered the
report recommendation:
That the Planning and Environment Committee recommend Council approve an
amendment to the former Cumberland Urban Zoning By-Law to change the zoning of
8154 Jeanne D'Arc Boulevard from CCN - Commercial Convenience
Neighbourhood to CCN (XX) and R3D (XX) as shown in Document 1 and as detailed
in Document 2.
CARRIED
YEAS (6): A. Cullen, J. Harder, G.
Hunter, D. Holmes, P. Feltmate, P. Hume
NAYS (3): G. Bédard, M. Bellemare,
B. Monette