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2. ZONING - 2013 PRINCE OF WALES
DRIVE ZONAGE - 2013, PROMENADE PRINCE OF WALES |
Committee recommendation
(This application is not subject to Bill 51)
That Council
refuse an amendment to the former City of Nepean Zoning By-law to amend the R1A
- Residential Private Services Zone zoning for 2013 Prince of Wales Drive to
allow the creation of six residential lots on a private street.
Recommandation du Comité
(Cette demande n’est
pas assujettie au Règlement 51)
Que le
Conseil refuse une modification au Règlement de zonage de l’ancienne Ville de
Nepean visant à modifier le zonage de type R1A (Zone résidentielle dotée de
services privés) du 2013, promenade Prince of Wales, afin de permettre la
création de six terrains résidentiels sur une rue privée.
Documentation
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated 13 June 2008 (ACS2008-PTE-PLA-0140).
2. Extract of Draft Minutes, 24 June 2008.
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
13 June 2008 / le 13 juin 2008
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 - 2013 Prince of Wales Drive (FILE NO. D02-02-06-0075) |
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OBJET : |
REPORT RECOMMENDATION
That the recommend Council refuse an amendment to the former City of Nepean Zoning By-law to
amend the R1A - Residential Private Services Zone zoning for 2013 Prince of
Wales Drive to allow the creation of six residential lots on a
private street.
RECOMMANDATION DU RAPPORT
Que le Comité de l'urbanisme et de l'environnement recommande au Conseil de refuser une modification au Règlement de zonage de l’ancienne Ville de Nepean visant à modifier le zonage de type R1A (Zone résidentielle dotée de services privés) du 2013, promenade Prince of Wales, afin de permettre la création de six terrains résidentiels sur une rue privée.
BACKGROUND
This application applies to a parcel of land that houses a single detached dwelling fronting onto Prince of Wales Drive and backing onto the Rideau River, located south of Colonnade Road, north of West Hunt Club Road, and immediately north of the Canadian National Railway right-of-way (see Document 1).
The site is flanked on the south side by the railway right-of-way, and to the north is a series of single detached dwellings that also front on Prince of Wales Drive. The Colonnade Business Park is situated across the street to the west.
The intent of this redevelopment proposal is to retain the existing single-detached dwelling and subdivide the lot into a total of six lots that will accommodate six single detached houses on a private street. The original Zoning By-law amendment included the neighbouring property at 2009 Prince of Wales Drive, and proposed a conversion of two residential lots to accommodate a total of 29 townhouse units. The application was subsequently amended to remove the second lot from the proposal, thereby reducing the development density to six residential lots.
Purpose of
Zoning Amendment
The intent of the proposed Zoning
By-law amendment is to facilitate the creation of six residential lots on a
private street.
The existing zoning of the subject property is Residential Private Services Zone – R1A. The requested Zoning By-law amendment is to create an exception to the R1A Zone to permit residential lots whose minimum lot area is less than that required under the parent R1A Zone. The minimum lot size under the R1A zone is 930 square metres for those connected to municipal water services only, whereas the proposed lots will have a reduced minimum lot area of 700 square metres. In addition, the R1A zone permits one single detached dwelling per lot, where the Zoning By-law defines a lot as a parcel with frontage on a public street. Therefore, the exception would permit lots with frontage on a private street.
The proposed Zoning By-law amendment is to change the zoning of this single parcel of land from Residential Private Services - R1A Zone to a Residential Private Services Exception - R1A Zone.
The applicant is requesting that all of the standard R1A zone provisions apply to the proposal with the exception of the lot area. The minimum lot area requested is 700 square metres. The minimum lot area is intended to limit the number to six lots that can be created through the severance process. Due to the limited frontage of the existing lot on Prince of Wales Drive, the redevelopment results in the creation of six lots that are oriented from east to west on the site, each fronting the private roadway.
DISCUSSION
The lands are designated as ‘General Urban Area’ in the Official Plan. This designation permits a range of residential uses at varying densities, including neighbourhood commercial and institutional uses. Prince of Wales Drive is designated a ‘Scenic Entry Route’. This designation recognizes roads and corridors that enhance the experience of the National Capital Area.
The adjacent Rideau River was recently also designated as a ‘National Historic Site’ and Canadian ‘Heritage River’. Furthermore, under the Transportation Master Plan, Prince of Wales Drive is to be widened to a four-lane arterial roadway standard in the future.
Analysis
This residential proposal, which will include large lot single detached dwellings, responds to a number of intensification policy objectives under the Official Plan. However, the Prince of Wales Environmental Assessment Study (EA) and ongoing East-West Rapid Transit Expansion Study (RTES) could have an impact on the proposal. Furthermore, there are outstanding issues raised by other approval agencies that also affect the creation of the proposed six lots.
In terms of Official Plan conformity, 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 “…do not create undue adverse impacts on the surrounding properties”. This infill development while on smaller lots still maintains the single detached dwelling character of those properties to the north. The proposed dwelling units will also be of a similar scale to the surrounding units.
Section 4.6 of the Official Plan policies relate to the protection of the Rideau River as 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”. This development does not impede the achievement of these policies; in fact it promotes them by removing this lot from private services, which has the potential to create negative environmental impacts.
The compatibility of infill developments like
the current proposal is covered under the policies of Section 4.11.
Specifically, the policy states that with respect to intensification proposals,
“Infill development may occur virtually anywhere in the city. Infill generally
occurs on a single lot or a consolidated number of small lots, on sites that
are vacant or underdeveloped. The resulting development may be similar in use
and size with adjacent uses, in which case it is generally straightforward to
design the infill to be compatible with-or fit well with its surroundings”.
This proposal is compatible with the surrounding uses since the proposed zoning
will allow only single detached units of a similar scale to the existing
housing stock.
Furthermore the redevelopment is in keeping
with Section 2.2 of the Official Plan, whereby it represents a more efficient
use of existing services and facilities located within the urban ‘Public
Service Area’ of the City.
A number of studies were submitted in support
of the application, consisting of a Noise Study, Vibration Study, Geotechnical
Investigation, Traffic Impact Study, and Servicing Brief.
The Transportation Impact study that was done for the 29-unit proposal did not foresee any improvements to the access off Prince of Wales Drive for this development, except for signage and intersection lighting.
The current proposal’s traffic generation rates for six units sharing one driveway access were therefore considered to be equal or less onerous. These results were presented prior to the announcement of the Prince of Wales Environmental Assessment Study. The Traffic report has not been updated to reflect changes that may be necessary as a result of the widening of Prince of Wales. The road widening could have an impact on the size of lots and the setback of the first lot from the roadway.
Noise and Vibration Impacts
The Noise Study recommendations noted that building components should be included in the design of units, and warning clauses in the Purchase and Sale Agreements for these lots, to mitigate the noise from the railway right-of-way. The Vibration Study evaluated vibration levels from train traffic that uses the adjacent CN rail line. Minor ground vibration attenuation measures were recommended to be included in the building design. CN Rail is also requesting a building setback between 22 to 25 metres from the edge of the railway corridor to mitigate vibration impacts in combination with a berm. The berm and setback will effectively reduce the buildable lot area. The applicant and CN Rail have yet to come to an agreement regarding the setback of the buildings from the railway right-of-way and the height of the berm. At the time of writing of this report, no resolution of this issue was imminent.
Geotechnical Issues
The Geotechnical Report recommended that no vegetation be removed from the slopes abutting the Rideau River and that concentrated drainage not be directed towards the slope. In addition, the Rideau Valley Conservation Authority has recommended that the RE – Restrictive Zone boundary that follows the rivers edge be respected, as suggested in the Geotechnical Report, by maintaining a minimum of six metres from the top of slope for access to undertake remedial work in the event of slope failure; and to reduce the impact on the natural environment. Furthermore the Rideau Valley Conservation Authority has some concerns with the creation of the sixth lot adjacent to the Rideau River. They have not been provided the necessary information to determine if the sixth lot is large enough to accommodate the existing residential unit based on the setbacks that they have recommended from the Restrictive Zone.
This site is located in the Public Service Area and under the Official Plan Policies would be required to connect to full municipal services. A Servicing Brief submitted in support of the proposal, demonstrated how the development could connect to the available municipal services located on Prince of Wales Drive. The existing well and septic system would be abandoned if the redevelopment were approved.
New Comprehensive Zoning By-law
It is intended that the draft new Comprehensive Zoning By-law will be passed by City Council on June 25, 2008. The existing site is zoned as Residential First Density Zone Subzone 1E - R1E and Parks and Open Space - O1 Zone under the draft new Comprehensive Zoning By-law, which reflects the same provisions as currently applied to the site under the former City of Nepean Zoning By-law.
Recommendation
In summary, given that the proposal has the potential to respond to the Official Plan policies with respect to its objectives of intensification in the urban area, the Department has suggested to the applicant that the application be deferred until the outstanding issues have been fully addressed. However, based on the applicants request to proceed at this time, the Department recommends that the proposed amendment be refused for the following reasons:
· The Prince of Wales Environmental Assessment (EA) Study is underway and this proposal could be impacted by the study recommendations. The supporting Traffic Impact Study has not been updated to take into consideration the potential impacts of this EA study on the proposal. The EA Study is currently underway and will address any access and traffic management issues through this section of roadway. The Department therefore is of the opinion that approval of this application is premature in the absence of the EA Study results.
· The adjacent railway corridor is still under consideration as a potential option for the future East-West Light Rapid Transit (LRT). This study is ongoing and the impacts of redevelopment of these lands on this transit option have not been articulated. Furthermore, the existing railway bridge deck over Prince of Wales Drive will need replacement to accommodate four lanes of traffic and the impact of this on the proposal has not been demonstrated.
· The setbacks of the buildings from the railway corridor have not been addressed by the applicant to the satisfaction of CN Rail.
· The Rideau Valley Conservation Authority’s comments regarding the creation of the sixth lot that encroaches on the Restrictive Zone, has not been addressed.
ENVIRONMENTAL IMPLICATIONS
The Rideau Valley Conservation Authority (RVCA) has reviewed the Geotechnical Report and is in agreement with the study recommendations which state that a minimum of six metres from the top of slope be maintained for access to undertake remedial work in the event of slope failure along the river, and to reduce the impact on the natural environment. However, the RVCA still needs to the satisfied that the sixth lot abutting the Rideau River will not impact the Restrictive Zone, as is indicated on the proposed severance plan.
Parks Canada indicated an objection to the original townhouse proposal because of the potential visual impact that multiple units would produce from the River. They also indicate that the establishment of additional docking facilities beyond what currently exists to serve this property cannot be assumed. The current proposal for six units represents minor infilling compared to the original 29 townhouse units and given that potentially only one unit will be visible from the Rideau River, the visual impact is unchanged from the present.
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.
Supplementary public consultation in the form of a community meeting was held on September 26, 2006, organized by the then Ward Councillor Jan Harder, with the incoming Councillor Gord Hunter also being present. Staff did receive letters of objection to the original proposed 29 unit townhome development, and a petition signed by area residents.
Comments:
In summary most of the comments dealt with the intensity of the proposal, i.e. 29 units, and the built form of townhouses in an area of waterfront single detached units. Slope stability was also raised as an issue given the natural environment in the vicinity, including concerns regarding the addition of more traffic on an already busy arterial roadway.
Response
The subject proposal has been scaled back considerably and now only proposes six single family dwelling units. A geotechnical report dealing with the Rideau River shoreline has been completed and reviewed by the RVCA, the details of which are discussed earlier. Regarding the traffic situation, the Environmental Assessment Study for the widening of Prince of Wales Drive has commenced and will address any access and traffic management issues through this section of roadway.
FINANCIAL IMPLICATIONS
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 initially 'On Hold' as supporting studies were being finalized and submitted. In addition, decisions regarding the East-West Transitway extension, which involved an evaluation of the abutting CN railway right-of-way, were not finalized until Spring of 2007. Further delays were the result of negotiations with CN Rail regarding vibration and a sound attenuation berm. These latter discussions were ongoing at the time this report was being prepared. Without resolution of these issues, the applicant has requested that the staff report be brought forward at this time.
SUPPORTING
DOCUMENTATION
Document 1 Location Map
Document 2 Proposed Severance Plan
DISPOSITION
City Clerk’s Branch, Council and Committee Services to notify the agent, Michael Segreto, Miroca Design, 30 Concourse Gate, Unit 47, Ottawa K2E 7V7, 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.
LOCATION MAP DOCUMENT 1
Proposed Severance Plan DOCUMENT 2
