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5. ZONING - 1989 AND 1993 PRINCE
OF WALES DRIVE ZONAGE - 1989 ET 1993, PROMENADE PRINCE OF WALES |
Committee recommendation
(This application is subject
to Bill 51)
That Council approve an amendment to the former City
of Nepean Zoning By-law to change the zoning of 1989 and 1993 Prince of Wales
Drive from R1A - Residential Private Services Zone to I Block (XX) -
Institutional (Exception) Zone, and Re - Restrictive Zone as shown in Document
1 and as detailed in Documents 2 and 3.
Recommandation du Comité
(Cette demande est
assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de zonage de
l’ancienne Ville de Nepean afin de changer la désignation de zonage du 1989 et
du 1993, promenade Prince of Wales de R1A, Zone de services résidentiels
privés, à I bloc (XX), Zone institutionnelle assortie d’une exception, et à Re,
Zone restrictive, tel qu’il est indiqué dans le document 1 et expliqué en
détail dans les documents 2 et 3.
Documentation
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated 5 December 2007 (ACS2007-PTE-APR-0214).
2. Extract
of Draft Minutes, 18 December 2007 (to be distributed prior to Council).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
05 December 2007 / le 05 décembre
2007
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 :
Karen Currie, Manager / Gestionnaire, Development Approvals / Approbation
des demandes d'aménagement
(613) 580-2424, 28310 Karen.Currie@ottawa.ca
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SUBJECT: |
ZONING - 1989 and 1993 Prince of wales
drive (FILE NO. D02-02-07-0056) |
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OBJET : |
REPORT
RECOMMENDATION
That the recommend Council approve an
amendment to the former City of Nepean Zoning By-law to change the zoning of
1989 and 1993 Prince of Wales Drive from R1A - Residential Private Services Zone
to I Block (XX) - Institutional (Exception) Zone, and Re - Restrictive Zone as
shown in Document 1 and as detailed in Documents 2 and 3.
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 de Nepean afin de changer la désignation de zonage du 1989 et
du 1993, promenade Prince of Wales de R1A, Zone de services résidentiels
privés, à I bloc (XX), Zone institutionnelle assortie d’une exception, et à Re,
Zone restrictive, tel qu’il est indiqué dans le document 1 et expliqué en
détail dans les documents 2 et 3.
BACKGROUND
This application applies to two residential
lots that front onto the Rideau River and have access onto Prince of Wales
Drive. The parcels are north of the West Hunt Club Road and directly across
from Colonnade Road (see Document 1).
Each lot is occupied by an existing
single-family dwelling which will be demolished to enable construction of a
place of worship. The applicants are in the process of completing a purchase of
the subject parcels, which will result in a merging of title for the two lots.
Surrounding development consists of single
detached dwellings to the north and south of the site. The Colonnade Business
Park and CitiPlace development are located to the west of the site.
Purpose of Zoning Amendment
The intent of the proposed Zoning By-law
amendment is to enable the construction of a Serbian Orthodox Church and Parish
Hall on the properties. The total development will consist of a church building
of 450 square metres and a Parish hall and rectory of 1000 square metres in two
floors to be located on 0.70 hectare of land.
This
application seeks to change the existing zoning of the subject property from
Residential Private Services Zone – R1A to an Institutional Exception - I Block (XX) Zone. The Re – Restrictive
Zone is also being adjusted to reflect the results of the slope stability
study. The nature of the zone exception is necessary to accommodate a church
building that is oriented in an east-west direction.
DISCUSSION
The lands are designated as ‘General Urban
Area’ in the Official Plan. This designation permits a range of uses including
places of worship. Prince of Wales Drive is designated a Scenic Entry Route,
which recognizes roads and corridors that enhance the experience of the
National Capital Area. The adjacent Rideau River was recently designated as a National
Historic Site and Canadian Heritage River. The designation promotes public
access to the rivers shorelines and landscapes and seeks to improve their
cultural heritage, scenic quality, and recreation and economic benefits. This
proposal has the potential to increase and promote an aesthetically pleasing
streetscape for travellers entering Ottawa while improving the vistas from the
river.
The Zoning By-law amendment proposes to change
the zoning of the two parcels of land from Residential Private Services Zone to
an Institutional Exception Zone, with a minor modification to the Re –
Restrictive Zone to reflect the results of the slope stability study, as
detailed in Document 2.
The standard Institutional Zone provisions are
intended to apply to the proposal with the exception of the front and side yard
setbacks. Due the orientation of the building, which is intended to follow an
east-west alignment, in accordance with the requirements of the Serbian Orthodox
Archdiocese respecting religious buildings, a minimum front and side yard
setback of 7.5 metres is being proposed. The Zoning By-law requires the setback
to be 1.4 times the building height where Institutional uses abut low-rise
residential uses. The potential building height based on preliminary designs is
14 metres, without the spire, which is
exempt from the height requirements under the Zoning By-law.
As a result, the required setback under the
current Institutional Zone would be the greater of 9.0 metres or 1.4 times the
building height, the latter which ends up being 19.6 metres. The reduced yard
setback is requested in order to allow for proper vehicular access and
additional landscaped areas. The positioning of the building on an angle on the
site also results in only the corners of the building requiring reduced
setbacks to the lot line. This reduction is supportable because the building
walls that will be abutting the adjacent lots is on an angle thereby not
producing the same effect as large walls that are parallel to the lot line.
A shadow study has been prepared by the
applicants architect to show the impact of solar access on the neighbouring
property to the north. This diagram is attached as Document 4. Based on the
study, it is felt that the future development will have minimal impact on the
neighbouring property and sun shadowing will not be an issue, especially during
the two most significant days of the year, June 21 and December 21.
The
appropriateness of this development in this area, which features existing large
lot single detached dwellings, can be evaluated from a number of policy
perspectives under the Official Plan. The broad policy objectives of Section
2.5.1, Compatibility and Community design, speak to developments that may not
necessarily be the same as those surrounding them, but which ‘enhance the
environment and do not create undue adverse impacts on the surrounding
properties’. The church has the
potential to open up the river for more public appreciation of this nationally
significant feature. This creates a balance where access and visibility are
currently limited.
Section 4.6 of the Official Plan policies
relate to the protection of the Rideau River, a Canadian Heritage River. These
policies state that buildings and surrounding land uses along its shoreline
should contribute to the national and cultural significance of this river
corridor. In reviewing development applications along this corridor, Council is
directed to evaluate development proposals that ‘will conserve the natural
environment, cultural heritage, scenic qualities, and recreational potential of
the …Rideau River’.
Section 4.6.4 of the Official Plan includes
policies for Scenic Entry Routes in the city. Prince of Wales Drive, although
serving as a major access corridor for the outlying suburban developments, is
also a prominent entry route into the Capital for tourists. The policies in
this section of the Plan seek to promote the entry routes as ‘safe and
attractive environments for travellers’, draw ‘attention to such matters as
building orientation, outside storage, access and egress, landscaping, fencing,
lighting and signage to create an aesthetically pleasing streetscape’ and the
‘protection of views to natural and cultural heritage features’.
The church design will be based on Sacral
Byzantine Architecture, which emphasizes high artistic elements that will
enhance the views along this corridor from both the river and Prince of Wales.
The site plan approval process will provide a means to achieve the above goals
and objectives. The church use will improve the visual quality of Prince of
Wales and the view from the waterway. In addition, public access to the
shoreline of the Rideau River will be increased. The use will also reduce the
potential for additional undesirable shoreline modifications.
A Transportation Brief has been submitted and
identifies driveway improvements and modifications that will be needed to
support the development, which will include 43 parking spaces. These
infrastructure improvements will be secured through the site plan agreement
process. Neighbours have raised the issue of access to Prince of Wales Drive,
citing the traffic speeds as a safety concern. Further discussion is contained
in Document 5 regarding comments on the access.
The proposal will reduce the number of private
driveways onto Prince of Wales from two to one. The resultant single driveway
will also become a controlled access through signal modifications at the
Colonnade - Prince of Wales intersection.
The Transportation Brief also acknowledges that Prince of Wales is
scheduled to be widened to four lanes through this section by 2013. This
development is not considered to have any impacts on this widening.
Furthermore, the study states that peak traffic volumes generated by the
church, mostly on Sunday mornings, will not coincide with the peak hour traffic
volumes of the adjacent intersection. Peak traffic volumes are expected to
occur when the traffic volumes of the intersection are significantly less.
Natural Environment and Slope Stability
In order to protect the Rideau River corridor
and shoreline, the Rideau Valley Conservation Authority has requested that the
Restrictive - Re Zone be respected and that all development be set back 30
metres from the top of bank. In addition, they have suggested that the
Restrictive Zone be adjusted to reflect the slope stability study results. This
minor modification is shown on the Zoning Key Plan and does not affect the
development. The results of the slope stability study suggest that the
placement of fill in the vicinity of the crest of the slope be no thicker than
0.3 metres and that the existing vegetation and trees along the slope
should be maintained so that slope stability is not impacted. Environmental
impacts will also be minimized as two residential uses on private services will
be removed and replaced with a use fully connected to municipal services. The
net effect of this will be less risk of contamination related to any existing
on-site septic systems and wells.
In summary, the Department supports the Zoning
By-law amendment application because it responds to policies in the Official
Plan. The proposal generally satisfies the objectives of securing additional
public access to the Rideau River, minimizes potential noise sources produced
by recreational watercraft, does not exacerbate the traffic volumes on Prince
of Wales due to different peak times, and will create a striking architectural
addition along a scenic entry in to the Capital.
Institutional uses are typically located in the
heart of residential communities where the opportunity for land use conflict is
potentially higher. However, given the scale of this project, this location
results in minimal impacts to the surrounding residential land uses and will
enhance the experience of Prince of Wales Drive by the travelling public. The
site plan process will provide an opportunity for the site design to address
the interface between the three existing residences that abut the site.
ENVIRONMENTAL IMPLICATIONS
The proposal does not impact the Re –
Restrictive Zone that covers areas of the Rideau River shoreline. The Rideau
Valley Conservation Authority has reviewed the slope stability report that was
prepared in support of the application and has no objections to the proposal
provided the limit of development conforms to their recommendations and the
Restrictive Zone is modified to reflect the study results. This area is shown
on the attached Zoning Key Plan (see Document 3).
Parks Canada, under the Rideau Canal Management
Plan, has an interest in ensuring that the development respects the natural,
cultural and scenic character of the Rideau Canal. The agency has no objection
to the proposal provided that it adheres to the Conservation Authority
requirements regarding the 30-metre setback and that all natural vegetation in
the Restrictive Zone is retained. Further, it recommends that the design of the
church hall complement this high profile location.
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. Staff did
receive three letters of objection to the proposal, two containing petitions
signed by area residents. A summary of their comments is contained in Document 5. A meeting was
held on November 20, 2007 with two of the directly abutting residents with a
view to addressing their concerns. At the time this report was prepared, staff
was awaiting a summary of issues that the opponents feel, at a minimum, need to
be addressed before they can offer their support for the proposal. An update
will be provided at the Planning and Environment Committee meeting on the
outcome of these discussions.
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. The application was on hold for a number weeks awaiting completion
of the supporting studies and delays were also the result of additional public
consultations.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Details
of Recommended zoning
Document 3 Zoning
Key Plan
Document 4 Shadow
Study
Document 5 Consultation
Details
Document 6 Conceptual
Site Plan
DISPOSITION
City Clerk’s Branch, Council and Committee
Services to notify the owner, Jovan Krstic, 3662 Albion Road, Ottawa. ON. K1T 1A3, 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.
Legal Services Branch to forward the
implementing by-law to City Council.
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT
2
1.
That
the lands known municipally as 1989 and
1993 Prince of Wales Drive, shown as Areas A and B in Document 3, be
rezoned as follows:
·
Area A
from R1A to I Block (XX)
·
Area B
from R1A to Re
2.
Notwithstanding
Section 10:1:2 Zone Requirements to the contrary, on lands zoned Institutional
Block XX, as per Schedule B9 of the Nepean Zoning By-law 100-2000, the
following provisions shall apply:
Zone Provisions:
Yards:
Front 7.5 m
Side 7.5
m
3.
That
Schedule B9 of Zoning By-law 100-2000 is amended to reflect these changes.
Zoning key plan DOCUMENT 3
Shadow study DOCUMENT 4
CONSULTATION DETAILS DOCUMENT
5
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. In addition, a meeting was also held with
two of the abutting residents, including telephone, fax and e-mail exchange.
Summaries
of notes from November 20, 2007 meeting, including Email and Fax correspondence
The following items were flagged as concerns
during a discussion with the abutting residents:
Comment:
With more cars entering and leaving the site,
the sense of privacy currently enjoyed will be invaded. In addition, the fumes
and noise from these vehicles in the parking lot will be an annoyance that
degrades the quality of life enjoyed at present. Property values will also
experience a 10-20% decrease.
Response:
The site plan will address
issues related to screening of the use from abutting lands. This may take the
form of a solid screen fence and/or coniferous planting. In terms of noise
impacts, the addition of 43 vehicles during service days at the church will be negligible compared to the
existing noise from the traffic on Prince of Wales. Staff cannot comment on
suggested impacts on property values. Places of worship are traditionally
permitted in residential communities.
Comment:
Use is more suited to areas
further outside of the residential community. The Historic importance of the
River will be negatively impacted. Use and scale will introduce shadowing of
the abutting uses.
Response:
Based on the tests by the
RVCA and Parks Canada, and given the enhancement that the use can bring to this
section of the River, it is felt the use is not inappropriate. In fact, by
removing two residential lots, the shoreline vista is improved with a building
of significant architectural merit and the impacts of additional docks and
noise associated with recreational watercraft is also removed. A shadow analysis is attached and
demonstrates the impacts are minimal.
Comment:
The current traffic situation
on Prince of Wales is extremely dangerous. The resident to the south was
involved in serious accident earlier this year, while trying to enter his
laneway in a south bound direction. The introduction of the use and its traffic
volumes will make a dangerous situation worse. The current accesses for the
property at 1985 Prince of Wales is in very close proximity to the limits of
the church property. The church access has the potential to increase the
collision risks for this neighbour.
Response:
The Traffic brief
that was originally done was amended in response to staff comments. The
original circular driveway with two access points was amended. The applicants
are now proposing a single driveway which will controlled by the signals at the
intersection of Prince of Wales and Colonnade. Furthermore, two driveways will
be now reduced to one. The new access will have to conform to the Private
Approach By-law and be designed to minimize any conflicts with the existing
adjacent driveways. In addition, the applicant has offered to work with the
neighbours and staff to determine if a shared driveway access is possible.
Comment:
Stormwater Management needs
to take into consideration the current overland flow routes in the area and
this development should not create flooding of adjacent properties.
Response:
The site plan approval
process will address this issue. Typically each new development is responsible
for containing its stormwater runoff on the site and discharging it in a manner
that conforms to City and RVCA standards and guidelines. This site will have to
follow the same procedures applicable to all new developments. The applicants have agreed work with the
suggestions of the residents that would make them supportive of the proposal.
Staff will provide an update the Planning and Environment Committee meeting of
the status of these discussions.
CONCEPTUAL SITE PLAN DOCUMENT 6
