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
SUBJECT: |
|
|
|
OBJET : |
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.
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.
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.
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.
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
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
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.
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.