|
3. ZONING - 2838 GRANDEUR
AVENUE (FILE NO. D02-02-06-0124) ZONAGE - 2838, AVENUE
GRANDEUR |
Committee recommendation
That Council approve an amendment to the former City of Ottawa Zoning By-law to change the zoning of 2838 Grandeur Avenue from R1G (Detached House Subzone) to R2A H(11.0) (Semi-detached House Subzone with a Height Limit of 11.0 metres) as detailed in Document 2.
Recommandation du Comité
Que le Conseil approuve une
modification au Règlement de zonage de l’ancienne Ville d’Ottawa afin de
changer la désignation de zonage du 2838, avenue Grandeur de R1G (sous-zone de
maisons unifamiliales) à R2A H(11.0) (sous-zone de maisons jumelées avec
hauteur limitée à 11.0 mètres), tel qu’il est expliqué en détail dans le
document 2.
Documentation
1. Deputy City Manager's report Planning, Transit and the Environment dated
15 December 2006 (ACS2007-PTE-APR-0007).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
15 December 2006 / 15 décembre 2006
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/
Directrice municipale adjointe,
Planning, Transit and the Environment /
Urbanisme, Transport en commun et
Environnement
Contact Person/Personne
Ressource : Grant Lindsay, Manager / Gestionnaire, Development Approvals /
Approbation des demandes d'aménagement
(613) 580-2424, 13242 Grant.Lindsay@ottawa.ca
|
SUBJECT: |
|
|
|
|
|
OBJET : |
REPORT RECOMMENDATION
That the Planning and Environment Committee recommend Council approve an amendment to the former City of Ottawa Zoning By-law to change the zoning of 2838 Grandeur Avenue from R1G (Detached House Subzone) to R2A H(11.0) (Semi-detached House Subzone with a Height Limit of 11.0 metres) 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 de
l'ancienne Ville d'Ottawa afin de changer la désignation de zonage du 2838,
avenue Grandeur de R1G (sous-zone de maisons unifamiliales) à R2A H(11.0)
(sous-zone de maisons jumelées avec hauteur limitée à 11.0 mètres), tel qu'il
est expliqué en détail dans le document 2.
BACKGROUND
The subject property, which is currently
developed with a one-storey single-detached dwelling, has a lot area of 613 m2,
and 20.1m of frontage on Grandeur Avenue.
The property is zoned R1G, which is a detached house subzone. The property is in Area B, which restricts
the height of single-detached and semi-detached houses to 8.0 metres.
All of the properties within a four block
radius (with the exception of one triplex which is zoned R3A[15]) share the R1G
designation. However, the lands zoned
R1G are not all developed with single-detached houses. Rather, there are a number of legal
non-conforming two-unit dwellings, including semi-detached houses, within the
neighbourhood.
Purpose of Zoning
By-law Amendment
The purpose of the application is to rezone the subject property to an R2A subzone, with an 11.0 metre height limit to permit the construction of a semi-detached house.
Existing Zoning
2838 Grandeur Avenue is currently zoned R1G, a Detached House Subzone. The purpose of the R1 zone is to permit low-density dwellings, to restrict dwelling types to detached houses, and to regulate development in a manner that adopts existing land use patterns so that the detached-house character of a neighbourhood is maintained.
The property is also located across the street from the edge of the Flood Plain Overlay. The Flood Plain Overlay permits flood control works as an additional permitted use, prohibits the location of potentially hazardous sites, and notes that development in a flood plain is regulated under the authority of the Conservation Authorities Act. For this reason, in addition to a building permit from the municipality under the Building Code Act, development may require a permit from the conservation authority having jurisdiction over the flood plain. The Rideau Valley Conservation Authority is the regulating authority in this regard.
Proposed Zoning
The property at 2838 Grandeur Avenue is proposed to be rezoned to an R2A subzone with a maximum building height of 11.0 metres. This would permit the construction of a semi-detached house, as proposed. The Applicants requested a height limit of 10.7 metres, but the Department is recommending 11.0 metres, to be more consistent with the provisions of the Draft Comprehensive Zoning By-law, which include an 11.0 metre height limit for residential buildings in Areas A, C, and D.
The purpose of the R2 zone is to permit low-density dwellings with a slightly higher density than in the R1 zone. Dwelling types are to be restricted to detached houses, semi-detached houses, linked-detached houses and duplex houses, with development being regulated in a manner that adopts existing land use patterns so that the low-density character of the neighbourhood is maintained.
DISCUSSION
Although a large area surrounding the subject property is zoned R1G, a number of legal non-conforming higher density housing forms, including semi-detached houses and multiple unit dwellings, are present.
Given the existing mix of low-density residential dwellings in the area, including a number of semi-detached dwellings, it is the Department’s position that an R2 zoning designation is appropriate at the subject location. The Department is also comfortable with imposing a maximum building height of 11.0 metres. A number of residential uses in the area are built to 10.7 metres in height. The proposed dwelling will be compatible with these existing uses.
The requested height increase is partially due to the proximity of the subject property to the flood plain of the Ottawa River. Because of its location, within 15 metres of the 100-year flood level, the Rideau Valley Conservation Authority (RVCA) has the authority to regulate development. In accordance with the requirements of the RVCA, the dwelling will be built as a slab on grade, with the top of the slab being 0.3 metres above the 100-year flood level. This will have the effect of raising the height by approximately one metre over the original height intended by the Applicants.
The Zoning By-law currently permits Secondary
Dwelling Units to be located in any detached dwelling, semi-detached dwelling
unit or duplex building, provided the secondary dwelling unit does not change
the streetscape character along the road on which it is located, is not a
stand-alone, principal unit, capable of being severed, and it only exists along
with, and within the same building as, its principal dwelling unit. While performance standards relating to the
secondary dwelling unit exist, the level of intensification that is proposed by
the Applicants is permitted under the existing provisions of the Zoning By-law,
albeit in a different built form.
It should also be noted that if a new
single-detached house were to be built on the subject property, without a
request for minor variances or a Zoning By-law amendment, it could be built to
the same footprint as the proposed semi-detached dwelling, although at a
maximum building height of 8.0 metres.
The proposed semi-detached dwelling is maintaining the yard requirements
of Area B.
Official Plan
The City
is able to influence the nature and pace of land development by reviewing
development applications, and by approving only those projects that respect the
principles of the Official Plan. The
Official Plan contains policies concerning infill development, compatibility of
development, and the importance of design.
Full consideration of these policies is integral to a complete review of
a development application.
2838
Grandeur Avenue is designated General Urban Area in the Official Plan. Lands having this
designation are expected to develop with a wide range of residential uses as
well as employment, service, cultural, leisure, entertainment and institutional
uses. This designation is not to be
taken to mean that all uses and types of buildings should be permitted in all
locations, but is meant to provide a broad range of compatible uses in
appropriate locations throughout the urban area. A semi-detached house conforms to this designation as it
represents a form of ground-oriented housing that is compatible with the
surrounding residential uses.
The
City’s growth management strategy includes intensification of development in
the urban area and the concentration of rural development in Villages. Introducing new development in existing
areas that have developed over a long period of time requires a sensitive
approach to differences between the new development and the established area,
in terms of building heights, setbacks, and other characteristics.
Intensification that occurs through small-scale
infill redevelopment, as is proposed at 2838 Grandeur Avenue, must be
designed to be compatible with its surroundings. How well a development fits depends both on the nature of the
surrounding area and on the details of the design of the development.
City Council adopted Residential Infill Design Guidelines in 2005 that are intended as a basic framework to guide the physical layout, massing, functioning and relationships of infill buildings.
The
proposed development meets many of the objectives of the Residential Infill
Design Guidelines. The proposed
building will be of a similar height to many of the existing buildings, and
will match the scale and massing of the existing semi-detached buildings in the
area. The two-proposed units will have
direct access to the street, and parking will be accommodated in garages, which
will reduce the impact of additional cars on the street. The proposed development maintains the
required yard setbacks in Area B, and will provide adequate outdoor amenity
space for the residents, while maintaining the privacy of adjoining
residents.
It is the Department's position, based on the
elevations that have been provided for the proposed new building, that the
proposal conforms to the compatibility policies in the Official Plan and will be
a suitable fit within the community.
In conclusion, the Department has determined
that the site is an appropriate location for a semi-detached house. The proposed amendment to the Zoning By-law
to permit an increased height limit is a minor amendment in terms of localized
impact. Several residential buildings
that approach or exceed the 11.0 metre proposed height limit are present in the
area. The Department is, therefore,
recommending that the existing zoning be changed to allow the proposed development.
Rideau Valley Conservation Authority (RVCA)
As a result of the property’s proximity to the
flood plain, the Applicant will be required to submit an application under the
Rideau Valley Conservation Authority’s “Regulation of Development, Interference
with Wetlands and Alterations to Shorelines and Watercourses Regulation”
(Ontario Regulation 174/06 under Section 28 of the Conservation Authorities
Act), for the construction of the proposed semi-detached residence. It is anticipated that the application will
be approved by the RVCA because a site specific geodetic survey has confirmed
that safe access/egress is available for the residence in the event of a 1:100
year flood event on the Ottawa River.
Approval of the application would also be dependent upon the
incorporation of floodproofing into the design of the structure. The RVCA will confirm the floodproofing
during the review of the building plans that are to be submitted in support of
the permit application. On the basis of
this information, the RVCA has no objection to the rezoning application.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The Ward Councillor is aware of this application and the staff recommendation, and had no comments. The City received one negative comment concerning this application. Details of this comment, and the City’s response, are included in Document 3, Consultation Details.
FINANCIAL IMPLICATIONS
N/A
APPLICATION PROCESS
TIMELINE STATUS
This application was processed by the "On
Time Decision Date" established for the processing of Zoning By-law
amendment applications.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details
of Recommended zoning
Document 3 Consultation Details
DISPOSITION
Corporate Services Department, City Clerk’s
Branch, Secretariat Services to notify the owner/applicant, Ms. Lillian
Robinson and Mr. Michael Amodeo, 981 Farrell Street, Ottawa, ON K2B 6C6, 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, Transit and the Environment
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
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT
2
1. The R1G zone applying to the property known municipally as 2838 Grandeur Avenue, and shown on Document 1, is rezoned to a R2A H(11.0) zone.
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. One comment was
received from the public, and no comments were received from concerned
Community Organizations or Advisory Committees. The details of the public comments are as follows:
Comment: The owners have applied to increase the height by three metres more than that permitted in this area. This request does not take into account the amount which the grade may be raised.
Departmental Response: In accordance with Rideau Valley Conservation Authority approval, the grade will not be altered. It is this approval that has required the height to be increased over that originally desired by the Applicants. The increase in height requested by the Applicants was 10.7 metres. The proposed height limit was increased to 11.0 metres by the Department in an effort to increase consistency with the provisions of the Draft Comprehensive Zoning By-law.
Comment: They want to build a duplex on a lot zoned for single family homes. Why do we have zoning laws if they are to be constantly varied for the asking? How can someone reliably buy here if they cannot depend on the rules being followed and enforced by the City? There is no chance that this would happen in Rockcliffe, Kanata or in Westboro. This is no minor variance. This is a major variance. And, if approved, it risks setting another new precedent that will only help the next applicant to repeat the same. Single family housing will be a thing of the past in our community despite the fact that only such a very small portion of the area is zoned for just that.
Departmental Response: The Department is required to process all applications that are submitted. The Ontario Planning Act provides the authority for municipalities to approve amendments to the Zoning By-law. The City of Ottawa processes Zoning By-law amendments through a clear and transparent process that includes public consultation and the collection of public comments. The Applicants have not applied for a minor variance, but have applied for a Zoning By-law amendment. While the Department puts forth a recommendation, it is City Council who will make the final decision. The Official Plan, which is a Council approved document, includes policies that encourage infill development and intensification where appropriate. It is the Department’s position that the increase of one additional housing unit proposed by the Applicants is appropriate in this context.
Comment: A duplex alone will create a larger building mass than that permitted on the lot under the Rules; with the additional 10 feet height the mass will be even more huge. They both will create a wider and higher wall.
Departmental Response: With the exception of the proposed increase in height, the building that is proposed is of the same mass that would be permitted in the form of a single-detached dwelling. The yard requirements of Area B are maintained by the proposal.
Comment: For residents of Haughton there will be less overall space to see through to the park or to the river. There will be less breeze from the River in summer. With the added height which is also requested, the building will be out of proportion with everything in this neighbourhood. (width and height) Since when do we plan to put the highest properties in front of the river?
Departmental Response: A number of buildings in the area, both single and semi-detached, approximate the height and width of the proposed semi-detached building. The proposed development is compatible with the development pattern in the area and the Department is satisfied that the proposed development will not block views or impact breezes for residents of Haughton Avenue any more than the existing development along Grandeur Avenue.
Comment: From the park/river side the new building will look huge, with every other house on the street being overpowered and looking much smaller. Even if it is an impressive house in itself it will not improve the overall look of the street. This will not be helpful to our property values nor to the general appearance of the street, either to the locals or to the general users of the park. A beautiful large house can be built on this site in compliance with the rules. Why is this not enough? That’s what could be reasonably expected when the owner purchased the property. The rest of us expected the same.
Departmental Response: The proposed semi-detached building will be built directly adjacent to an existing semi-detached building. While it will be larger than the existing single-detached house, it will not be out of scale with the houses that existing in the area, or with what could be built on the property under the current zoning. The Applicant has indicated that the existing house will need to be demolished, and that he could not afford to build a single, and would be forced to sell the property.