1.             ZONING - 2000 VALIN STREET

 

ZONAGE - 2000, RUE VALIN

 

 

Committee recommendation as amended

 

(This application is subject to Bill 51)

 

That Council:

 

WHEREAS the proposed development is incompatible with the surrounding neighbourhood in terms of the proposed land use, height, density and setback;

 

And whereas the general urban designation permits commercial development and such commercial development is the appropriate use for this site;

 

AND WHEREAS residents living in the surrounding area were always aware that this site allows future community commercial development would be located on this site;

 

THEREFORE BE IT RESOLVED THAT the Planning and Environment Committee recommend Council reject an amendment to the former Cumberland Zoning By-law to change the zoning of 2000 Valin Street from CNN - Commercial Convenience Neighbourhood to R5A - X'X', Residential Apartments - Low Density - Exception 'X' as shown in Document 1 and as detailed in Document 2, for the following reasons:

 

1)         By applying sections 2-5.1 and 4.11 of the official plan and the principles of good land use planning, the proposed development is incompatible with the surrounding neighbourhood in terms of the proposed land use, height, density and setbacks;

 

2)         The general urban designation permits commercial development and such commercial development is the appropriate use for this site;

 

3)         Commercial development on the site will reduce the need of residents of the area to travel to purchase day to day needs.

 

 

Recommandation modifiÉe du Comité

 

(Cette demande est assujettie au Règlement 51)

 

Que le Conseil :

 

ATTENDU QUE l’aménagement proposé est incompatible avec le quartier pour ce qui est de l’utilisation du territoire, de la hauteur, de la densité et des marges de reculement proposées,

 

ATTENDU QUE la désignation urbaine générale permet l’aménagement commercial et qu’un tel aménagement commercial constitue une utilisation appropriée pour ce site,

 

ATTENDU QUE les résidents qui vivent dans le quartier ont toujours su qu’il y aurait sur ce site un éventuel aménagement commercial communautaire pour les servir;

 

IL EST RÉSOLU QUE le Comité de l’urbanisme et de l’environnement recommande au Conseil municipal de rejeter la modification de l’ancien règlement municipal de zonage de Cumberland qui propose de changer le zonage du 2000, rue Valin, afin qu’il passe de CCN (carrefour commercial) à R5A – X'X', appartements résidentiels – Faible densité – Exception « X », comme l’illustre le document 1 et comme le précise le document 2.  Les raisons de ce changement sont les suivantes :

 

1)         en appliquant les paragraphes 2-5.1 et 4.11 du Plan officiel et les principes de bonne utilisation du territoire, l’aménagement proposé est incompatible avec le quartier pour ce qui est de l’utilisation du territoire, de la hauteur, de la densité et des marges de reculement proposées;

 

2)         la désignation urbaine générale permet l’aménagement commercial et un tel aménagement commercial constitue une utilisation appropriée pour ce site;

 

3)         l’aménagement commercial du site réduira la nécessité, pour les résidents du quartier, de se déplacer pour faire leurs achats quotidiens.

 

 

Documentation

 

1.      Deputy City Manager's report Planning, Transit and the Environment dated 27 November 2007 (ACS2008-PTE-PLA-0015).

 

2.      Extract of Draft Minutes, 8 January 2008.

 


Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

27 November 2007 / le 27 novembre 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

 

Cumberland (19)

Ref N°: ACS2008-PTE-PLA-0015

 

 

SUBJECT:

ZONING - 2000 VALIN STREET (D02-02-07-0050)

 

 

OBJET :

ZONAGE - 2000, rue valin

 

REPORT RECOMMENDATION

 

That the  recommend Council approve an amendment to the former Cumberland Zoning By-law to change the zoning of 2000 Valin Street from CNN - Commercial Convenience Neighbourhood to R5A - X'X', Residential Apartments - Low Density - Exception 'X' as shown in Document 1 and as detailed in Document 2

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de  recommande au Conseil d’approuver une modification au Règlement de zonage de l’ancienne Ville de Cumberland afin de changer la désignation de zonage du 2000, rue Valin de CNN – Zone de commerces de quartier à R5A – X’X’ – zone résidentielle d’appartements de faible densité – Exception ‘X’, comme il est indiqué dans le document 1 et expliqué en détail dans le document 2.

 

BACKGROUND

 

The subject lands are located at the southwest corner of Trim Road and Valin Street. There are existing townhomes on Scully Way that back onto the west lot line and there is commercial development to the south. 

On the north side of Valin Street is a vacant parcel zoned for commercial uses and that site is surrounded by residential development.  Opposite on Trim Road is a low-rise (four-storey) apartment development that is partially constructed.

 

Existing Zoning

 

The subject lands are zoned CCN - Commercial Convenience Neighbourhood.  This zone dates back to the 1980s when Trim Road was intended to function as a principal North-South arterial.  In the 1990s, with the refinement of the Frank Kenny Road Extension concept, it became clear that this section of Trim Road would be downgraded from its original function.  In response to this change in the road hierarchy, the City of Cumberland commissioned a comprehensive market analysis that re-evaluated the role of commercial sites throughout the eastern portion of Orléans. That analysis led to Cumberland O.P.A. No. 33 which introduced several new commercial sites and specifically redesignated this site from commercial to residential. The zoning was not amended to reflect the O.P.A. and today the CCN zone allows for a mix of neighbourhood commercial uses with setbacks to the residential zone of three metres, a maximum building height of 9.2 metres and a 30 per cent lot coverage.

 

Proposed Zoning

 

The zoning request would change the existing zoning from CCN - Commercial Convenience Neighbourhood to R5A-X'X' - Residential Apartment Low Density Exception 'X' to permit stacked townhouses or low-rise apartment dwellings to be constructed. 

 

DISCUSSION

 

The Official Plan designates the site General Urban, allowing for a range of uses from commercial and institutional through to all forms of residential. It encourages compact denser forms of urban development.  This urban form is in consideration of developing healthy communities, while ensuring compatibility of both the use and form of the development.  Many of the compatibility issues can be addressed with the Site Plan Control process.

 

Zoning By-law

 

There is a related site plan that is currently under review.  Many of the concerns identified are reflected within the recommended zoning.  The current proposal would see a total of 96 units in eight, 12-unit low-rise apartment buildings.  The site density would be 81.35 units per hectare with 35.5 percent lot coverage. All parking is proposed to be surface parking leaving very little room to plant full-size trees.

 

In its current form the proposed site plan shown in Document 4 does not have adequate landscaping to buffer the site or provide amenity areas within this suburban context.  With the sensitive marine clays in Orléans it is necessary to set trees back from any foundations, utilities and curbs such that for the majority of the site only small trees or shrubs could be utilized. 


Accordingly staff are recommending that the landscape open space requirement adjacent to other residential zones, density and lot coverage be amended to allow for more greenspace and buffering.  The recommended density, coverage and open space provision would essentially mean that one block of apartments would be lost, and a maximum of 84 units would be on site.  

 

The requested building height is 11.9 metres while typically in this apartment zone the building height maximum is 15 metres.  The proposed height is lower and more in keeping with the building heights for the row dwellings on Scully Way. 

This will provide a transition from the four-storey units opposite on Trim Road down to 2.5 storeys on this site and two for the row dwellings and homes to the west. 

 

The building setback from the townhomes on Scully Way will result in only a small amount of shading occurring over those rear yards.  The buildings can be situated such that noise and lighting impacts for the neighbours can be further minimized. 

 

The applicant's have requested that the parking requirements be reduced from the standard of 1.5 spaces per dwelling unit to one per dwelling unit which is more reflective of the draft new Zoning By-law.  The requirement for visitor's parking will be specified through the Zoning By‑law amendment. 

 

The traffic impacts of this development have been reviewed.  The Transportation Brief demonstrates that the roads in the area can accommodate the requested 96 dwelling units however, the details of the layout for access will require further refinement at the site plan stage. 

 

The requested rezoning would result in the site being overbuilt and the nearby properties negatively impacted.  Staff recommend a modified residential low density apartment zoning with limits on the site development to minimize the potential for impacts on the neighbours while meeting the objectives of the Official Plan.

 

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.  Consultation details are attached in Document 3.

 

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 to the complexity of the issues and the associated timing of the formal public input.

 

 

SUPPORTING DOCUMENTATION

 

Document 1      Location Map

Document 2      Details of Recommended Zoning

Document 3      Consultation Details

Document 4      Site Plan

 

DISPOSITION

 

City Clerk’s Branch, Council and Committee Services to notify the owner, Shawn Malholtra 1427165 Ontario Ltd., Claridge Commercial Development Inc. 210 Gladstone Ave., Suite 2001 Ottawa ON K2P 0Y6, 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

 

The subject lands known as 2000 Valin Street and as shown in Document 2 shall be rezoned from CCN - Commercial Convenience Neighbourhood to R5A - X'X'- Residential - Apartments - Low Density Exception 'X'.

 

A new exception zone will be added to subsection 6.20 and will include the following exceptions:

 

1)  Further Permitted Uses

      Stacked Row Dwellings

      Apartment Dwellings

 

 2)  Zone requirements for Stacked Row Dwellings and Apartment Dwellings

 

     Lot Area (Minimum)            10 000 square metres

     Lot Frontage (minimum)            65 metres

 

     Yard Requirements (Minimum)

             Front Yard                            3 metres

             Side Yard                             5 metres

             Rear Yard                             6 metres

 

      Lot Coverage                             33%

 

      Building Height (Maximum)    12 metres

 

      Density (Maximum)                  72 units per hectare

 

      Parking Requirements

 

             Dwelling, Apartment        1 space per unit

             An additional 20% of the required parking shall be designated visitor parking

 

       A Minimum Landscape Strip of 4 metres minimum width shall be provided adjacent to any other residential zone.

 

3)  Despite Section 4.23.2 8. (b) ingress and egress directly to and from every parking space that is not providing direct access or ingress from a public street shall be a width of 6.5 metres for two-way traffic.

 

 

 


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.  A Community Information and Comment Session was held on September 5, 2007 which attracted approximately 25 neighbours.

PUBLIC COMMENTS

 

1)  Concern was expressed over the traffic coming in and out of the site off of Valin Street.  It was noted that there are long waits at the light to turn onto Trim Road already, and this would aggravate the situation.

 

2)  Concern was expressed over the noise as a result of air conditioners and lighting, and entrances backing onto the Scully Way homes. 

 

3)  The proposed units are too close to the rear lot lines and too high for the homes on Scully Way, for both privacy issues as well as shading concerns.  The buildings should be moved back towards Trim Road.

 

4)  Concern was expressed with the impact on already overcrowded schools. 

 

5)  There was concern over the density and type of use, it was noted that the zoning should be left as commercial or alternatively to have singles or towns on the site.

 

6)  The commercial viability of the site was questioned.  Were market assessments for commercial use done?

 

RESPONSE TO PUBLIC COMMENTS

 

1)  The Transportation Brief is satisfactory for zoning purposes; however, the need for any modifications to the accesses or intersection will occur as part of the site plan control process.

 

2)  It was noted that sharp cut-off fixtures are a City requirement, which will address the lighting concern.  In addition the applicant has revised the site plan to rotate two of the buildings such that the entrances and balconies point away from the neighbours on Scully Way.  Any traffic noise will generally be internal to the site and should not impact the adjacent residents.

 

3)  The initial site layout indicated some shading for the rear yards on Scully Way in the morning only.  Since then the buildings have been pulled back to at least seven metres from the lot line and the impact from shading on the rear yards of the residents on Scully Way has been reduced.

 

4)  It was noted that these units would not typically generate very many school age children and that school overcrowding is an issue that the school boards are attempting to address throughout suburban growth areas.

 

All school boards were circulated the application. Ottawa-Carleton District School Board indicated that they will require their standard clause on title to recognize that there is school overcrowding in this area.  The Conseil des Ecoles Catholiques de Langue Française Du Centre-Est and Conseil des écoles publiques de l'est l'Ontario both expressed no objection to the proposal.

 

5)  The type of use and building form is appropriate along a major road such as Trim Road but the density of the proposed development in terms of the number of units will be reduced to provide the opportunity for buffering and trees.  The maximum density in the recommended zoning has therefore been reduced.

 

6)  The Owner has indicated that the size of the site did not make it attractive for commercial tenants.  In this part of Orleans, along Trim Road from Highway 174 to just south of Innes Road, there are a number of sites that have become commercial zoned that were not originally zoned for that purpose.  This would include the site where the Sobeys is currently located.  The net result is that there is more commercial acreage with more viable lots than originally planned for.

 

 


SITE PLAN                                                                                                             DOCUMENT 4

 


ZONING - 2000 VALIN STREET

ZONAGE - 2000, RUE VALIN

ACS2008-PTE-PLA-0015                                                              Cumberland (19)

 

(This application is subject to Bill 51)

 

An opposition letter, dated July 23, 2007 from Robert Butler, was received and is held on file with the City Clerk.

 

Cheryl McWilliams, Planner II, provided an overview of the departmental report through a PowerPoint presentation, which is held on file with the City Clerk.  Karen Currie, Manager of Development Approvals East/South, accompanied her.

 

Councillor Desroches noted that one of the Official Plan White Papers discussed employment nodes in the East end and asked staff to comment on how this proposal contributed to the goal of increasing employment opportunities in Orléans.

 

Ms. Currie advised that the designation of employment lands had been a significant issue in Orléans since the nineteen seventies.  She explained this small commercial site was not designated as employment lands, observing that substantial retail space had been added, totalling 1 million square meters.  She indicated development of employment lands must occur in the long-term, noting office and industrial uses, especially in business parks, were underdeveloped.

 

Sean Crossan, President of the Cardinal Creek Community Association, spoke in opposition to the proposal, suggesting the studies utilized to justify this application were more than 10 years old, with a commercial study dating back to 1989, and that current traffic volumes on Trim Road surpassed the targets set out in the 1998-1999 Environmental Assessment.  He noted the number of residents in the immediate area totalled 12,000 to 13,000, which exceeded the projection of 9,300 for this period.  He added considerable residential development would continue in the next few years.  He recommended maintaining the commercial zone to ensure a proper balance of uses in the area.  He touched on specific Official Plan policies that would be achieved by doing so.  A detailed written submission dated December 30, 2007 was received from Mr. Crossan and is held on file with the City Clerk.

 

Councillor Hunter asked whether the nearby Sobeys was open 24 hours a day.  He noted such hours of operation discouraged local small commercial operators.  He reminded the delegation that the commercial zoning could allow for the construction and operation of a fast food establishment, which could have a greater impact on the Community.

 

Mr. Crossan specified commercial uses in the surrounding area, touching on the need for a variety of commercial uses in Orléans and the immediate area.  As an example, he noted an adjacent strip mall had reached 90 per cent capacity and construction was not yet completed.

 

Henry Skalski, an adjacent homeowner on Scully Way, stated he purchased the property knowing commercial uses would be instituted on the subject site.  He indicated the two issues of most concern to him were the set back from his rear property line and the building height.  He expected the height to be lower or the same height as the townhomes on Scully Way.  He reiterated his support for maintaining commercial zoning on the subject site.  Mr. Skalski explained that he canvassed the 30 homes of the 48 units in the area, 28 of which supported commercial uses for the site.

 

In response to a question from Chair Hume, Mr. Skalski acknowledged he could accept townhomes on the site if they were the same height or lower and sufficiently set back from his rear property line.  He reiterated the community’s desire and need for commercial uses.

 

Pierrette Woods, Co-Chair of the Innes Rezoning and Development Group, spoke in opposition to the proposal.  Her main points were as follows:

·        This site would impact on the development of the Orléans Industrial Park (OIP).

·        The Official Plan White Paper, titled The Balance of Jobs and Housing in Orléans, stated the number of jobs per household was stagnant at approximately 0.5 for the past 15 years, as opposed to the Official Plan objective of 1.3 jobs per household.

·        The south side of Orléans experienced an explosion of residential development over the last 10 years.  The Orléans Industrial Park Community Strategy identified the need to attract a large government department in the OIP as the highest priority.

·        The addition of further residential development would exacerbate growing transportation problems.

·        A residential zone was neither desirable nor appropriate for this site.  The request was not minor in nature and would have vast implications for the Community.

·        Local commercial amenities, as permitted under the current zone, were needed.

·        Guiding Principles, as set out in the Official Plan under Sections 1.3 and 1.6, must be considered and addressed.

 

A written submission dated January 6, 2008 was received and is held on file with the City Clerk.

 

Janet Bradley and Doug Hardie, on behalf of Claridge Homes, presented arguments in support of the application, noting the following:

·        The current zoning for the property allowed a fast-food restaurant, which would have a far greater impact on the Community in terms of traffic, noise, light proliferation, and snow/garbage removal.

·        Of the adjacent property owners, only one appeared at today’s meeting.

·        An Official Plan Amendment in 1990 designated these lands as residential but the amalgamated City’s new Official Plan designated it as General Urban, which allowed for residential uses.  The new Comprehensive Zoning By-law would also permit the requested use.

·        The proposal called for a greater set back than was required in the current zone.  The height of the proposed buildings was similar to the abutting townhomes.

·        The applicant had reduced the scale of the development by reducing the number of units from 96 to 84 and repositioning the three buildings immediately adjacent to the abutting townhomes.

·        A number of studies were submitted in support of the application, notably showing that the road network could accommodate traffic.

·        Built form represented 38 per cent of the area abutting the townhomes with greenspace accounting for 68 per cent.  A significant tree buffer was also proposed.

 

Councillor Monette suggested Mr. Hardie presented mostly site plan elements, which were currently not before the Committee.  He noted over 100 individuals attended a Community meeting where attendees unanimously objected to the proposal.  He asked whether the applicant had considered townhomes as an alternative.

 

Ms. Bradley responded by submitting that the proposal was fair, represented a legitimate land use for the area and responded to Official Plan policies.  She reiterated that Claridge acted on community concerns by re-orienting buildings abutting the townhomes and reducing the number of units.

 

In response to questions from Councillor Qadri with respect to the height of the proposed units, Mr. Hardie confirmed a height of 10.9 metres from grade to the mid-point of the roof.  Ms. Bradley suggested shadowing would be greater should a commercial building be constructed to the maximum height of 9.2 metres, as the set back would be reduced.  Mr. Hardie reiterated the Shadow Study showed little impact due to the larger set back.

 

Councillor Monette presented a motion to reject the application for a residential zone.


Councillor Jellett spoke of the community opposition to the proposal and the need to address the job to household ratio in Orléans.  He suggested the best use of the property would be commercial.

 

Councillor Monette spoke in support, touching on the need for jobs in the area.  Councillor Bellemare also expressed support, referencing a similar proposal in his ward, in the area of Ogilvie and Montréal Roads.

 

Moved by B. Monette:

 

WHEREAS the proposed development is incompatible with the surrounding neighbourhood in terms of the proposed land use, height, density and setback;

 

And whereas the general urban designation permits commercial development and such commercial development is the appropriate use for this site;

 

AND WHEREAS residents living in the surrounding area were always aware that this site allows future community commercial development would be located on this site;

 

THEREFORE BE IT RESOLVED THAT the Planning and Environment Committee recommend Council reject an amendment to the former Cumberland Zoning By-law to change the zoning of 2000 Valin Street from CNN - Commercial Convenience Neighbourhood to R5A - X'X', Residential Apartments - Low Density - Exception 'X' as shown in Document 1 and as detailed in Document 2, for the following reasons:

 

1)         By applying sections 2-5.1 and 4.11 of the official plan and the principles of good land use planning, the proposed development is incompatible with the surrounding neighbourhood in terms of the proposed land use, height, density and setbacks;

 

2)         The general urban designation permits commercial development and such commercial development is the appropriate use for this site;

 

3)         Commercial development on the site will reduce the need of residents of the area to travel to purchase day to day needs.

 

                                                                                                            CARRIED

 

YEAS (7):          M. Bellemare, S. Desroches, C. Doucet, G. Hunter, B. Monette, S. Qadri, P. Feltmate

NAYS (1) :        P. Hume

 

Chair Hume advised that the matter would rise to Council on January 9, 2008.