Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

4 February 2010 / le 4 février 2010

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe,

Infrastructure Services and Community Sustainability/Services d’infrastructure et Viabilité des collectivités

 

Contact Person/Personne-ressource : Michael Wildman, Manager/Gestionnaire, Development Review-Suburban Services/Examen des projets d'aménagement-Services suburbains, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 27811  Mike.Wildman@ottawa.ca

 

Stittsville (6)

Ref N°: ACS2010-ICS-PGM-0045

 

 

SUBJECT:

ZONING and Site Plan Control - 1539 Stittsville Main Street and 4 Orville Street (FILE NOs. D02-02-10-0004, D07-12-07-0281), and Plan of Condominium – 4 Orville Street (File No. D07-04-07-0027)

 

 

OBJET :

ZONAGE et plan d'implantation - 1539, rue Stittsville Main Et 4, rue Orville et plan de condominium – 4, rue orville

 

 

REPORT RECOMMENDATIONS

 

That the Planning and Environment Committee: recommend Council:

 

1.                  Approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1539 Stittsville Main Street to add an exception to the TM9 H(11) (Traditional Mainstreet Subzone 9 – Height 11 metres) zone, and change the zoning of 4 Orville Street to amend exception 1210, as detailed in Document 2 and as shown in Document 1;

 

2.                  Direct staff, at such time that the Zoning By-law amendment in (1) above is in full force and effect, to approve the Site Plan Control application including the following plans as outlined in Document 3, and subject to the Owner entering into a standard Site Plan agreement including the conditions contained in Document 7.  In the event that the Owner fails to sign the required agreement and complete the conditions to be satisfied prior to the signing of the agreement within one year of the Site Plan Approval, the approval shall lapse.

 

3.                  Direct staff, at such time that the Zoning By-law amendment in (1) above is in full force and effect and the Site Plan Control application in (2) above is approved, to approve the Draft Plan of Condominium, as shown in Document 5, and subject to the conditions contained in Document 8. 

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil :

 

1.                  D’approuver une modification au Règlement municipal de zonage 2008-250 en vue de changer le zonage du 1539, rue Stittsville Main pour ajouter une exception à la désignation de zonage TM9 H(11) (sous-zone de rue principale traditionnelle 9 – hauteur de 11 mètres), et de changer le zonage du 4, rue Orville en modifiant l’exception 1210, comme le précise le document 2 et l’illustre le document 1;

 

2.                  De demander au personnel, au moment où la modification de zonage mentionnée au point (1) prendra effet, d’approuver la demande de réglementation du plan d’implantation, y compris les plans suivants, tel que l’expose le Document 3, à la condition que le propriétaire conclue un accord ordinaire portant sur le plan d’implantation comprenant les conditions énoncées dans le document 7; si le propriétaire omet de signer cet accord et de satisfaire aux conditions exigées avant la signature de l’accord dans l’année suivant l’approbation du plan d’implantation, l’approbation deviendra caduque;

 

3.                  De demander au personnel, au moment où la modification de zonage mentionnée au point (1) prendra effet et où la demande de réglementation du plan d’implantation au point (2) sera approuvée, d’approuver le plan provisoire de condominium comme l’illustre le document 5 et sous réserve des conditions mentionnées dans le document 8.

 

 

BACKGROUND

 

The site includes properties at 4 Orville Street and 1539 Stittsville Main Street.  The 0.69-hectare site is located on the east side of Stittsville Main Street, and the south side of Orville Street, just south of Abbott Street.  The property at 1539 Stittsville Main Street contains four existing buildings ranging from one to two storeys, and which contain commercial and office uses.  The property at 4 Orville Street is currently undeveloped, and is characterized by sporadic vegetation.  The site is surrounded by the Pretty Street Community Centre to the east, low-rise residential to the northeast and southeast, and mixed-use/commercial uses to the north, west and south. 

 

Purpose of Zoning Amendment

 

The purpose of this Zoning By-law amendment application is to make changes to the zoning provisions to facilitate the proposed mixed-use development.

 

Existing Zoning

 

The property at 1539 Stittsville Main Street is zoned TM9 H(11) (Traditional Mainstreet Subzone 9 with Height Restriction of 11 metres), and the property at 4 Orville Street is zoned R4Z[1210] (Residential Fourth Density Zone, Subzone Z, Exception 1210).

 

Proposed Zoning

 

The application proposes to add an exception to the existing zones to permit reduced setbacks and to allow visitor parking to be located on the commercial portion of the site.

 

Site Plan Control Application

 

The Site Plan Control application proposes five new buildings, including a total of 41 residential units and 250 square metres of commercial/office space.  There are three exclusively residential buildings proposed on the property at 4 Orville Street, consisting of 36 stacked townhouse units.  There are two mixed-use (residential/commercial) buildings proposed at 1539 Stittsville Main Street, consisting of 250 square metres of commercial/office space with five dwelling units above the ground floor.  There are also 678 square metres of commercial space in the existing buildings which front onto Stittsville Main Street, and these will be retained on the site.  The proposed building heights will range between 2.5 and 3.5 storeys. 

 

There are 78 parking spaces proposed on the site, with 33 spaces proposed on 1539 Stittsville Main Street, and 45 spaces proposed on 4 Orville Street.  Of the 78 parking spaces, 66 will be underground, and 12 on the surface.  Vehicular access to the site and the parking garages will be via two entrances from Orville Street.  In addition, there is an existing vehicular access from Stittsville Main Street, which will provide access to the three parking spaces.  The 36 stacked townhouses at 4 Orville Street require 43 parking spaces, plus seven visitor parking spaces.  Five of the visitor parking spaces will be provided at 1539 Stittsville Main Street, and these will be located underground.  This will be enabled by the proposed zoning provision which will allow visitor parking on the commercial portion of the site, and via easements/agreements between the two properties.  The existing commercial development requires eight parking spaces, the proposed commercial development requires four parking spaces, and the dwelling units above the commercial space require six parking spaces, totalling 18 parking spaces.  Overall, the development requires 68 parking spaces, with 78 being provided.

 

Plan of Condominium

 

The Plan of Condominium applies to the property at 4 Orville Street only, and seeks to obtain approval to create a standard condominium for the stacked townhouse dwelling units. 

 

History of Development Proposal

 

The proponent initially met with staff in 2007 to discuss the proposed development.  Site Plan Control and Plan of Condominium applications were submitted on 29 November 2007.  It was understood at that time that relief from certain Zoning By-law provisions would be required prior to final approval of the Site Plan application.  As a result, two Minor Variance applications (one for each of the two adjoining properties), and a Consent for Severance application (to establish an easement) were submitted on 9 April 2009.  The Committee of Adjustment, in their decision dated 26 June 2009, granted the Minor Variances and the Consent to establish the easement.  That decision was subsequently appealed to the Ontario Municipal Board (OMB) by the City’s Legal Department (on behalf of City Council) and by the Stittsville Village Association.  An OMB hearing was scheduled for late January 2010; however, the parties involved were able to reach a settlement.  The settlement includes, among other items, the need for the applicant to submit a Zoning By-law amendment in lieu of the Minor Variances, and for the Planning and Environment Committee to consider the Site Plan Control and Plan of Condominium applications concurrently with the aforementioned Zoning By-law amendment.  This report considers all three planning applications.

 

DISCUSSION

 

Planning Act and Provincial Policy Statement

 

Section 2 of the Planning Act outlines those land use matters that are of provincial interest, to which all City planning decisions shall have regard.  The provincial interests that apply to this site are: provision of a full range of housing and employment opportunities; the appropriate location of growth and development; and the promotion of development that is designed to be sustainable to support public transit and to be oriented to pedestrians.  In addition, the Planning Act requires that all City planning decisions be consistent with the Provincial Policy Statement (PPS), a document that provides further policies on matters of provincial interest related to land use development. PPS policies indicate that there should be an appropriate mix of uses to support strong, liveable, and healthy communities, and densities that efficiently use land and support alternative transport modes.

 

The proposed development includes a mix of residential and locally-oriented commercial uses, which will efficiently use land and contribute to a balanced community. The site is located on an arterial road, which provides good access and a focus for mixed-use development.  The site is conveniently located near adjacent communities via pathways and transit stops to allow for access by pedestrians and transit.  Staff conclude that the proposal is consistent with the matters of provincial interest as outlined in the Planning Act and PPS.

 

Official Plan

 

Land Use Designation

 

The site is designated as “Traditional Mainstreet” on Schedule B of the Official Plan.  The Traditional Mainstreet designation includes properties on abutting side streets that form part of the same corridor, such as the property at 4 Orville Street.  Traditional Mainstreets exhibit compact urban character with a pedestrian-oriented pattern of development and mix of uses that provide for access by a variety of transportation modes.  Mainstreets intend to function as mixed-use corridors in order to sustain the surrounding community, transit system, and to provide a focus for the community.  They intend to establish strong street edge with buildings that are human-scaled. 

 

The proposed development represents intensification of the site and has a density of 175 people and jobs per net hectare.  Although Traditional Mainstreets have no specific density targets expressed in the Official Plan, they are one of the target areas in the City where intensification is to be directed, and as such, intensification of this magnitude satisfies the intent of the Official Plan policy.  The proposed development achieves a more intense, yet human-scaled built form in this part of Stittsville and will contribute to supporting the public transit system and community services, as well as providing services to the surrounding community.  The proposed development meets the intent of the Traditional Mainstreet designation. 

 

Compatibility and Urban Design

 

Sections 2.5.1 and 4.11 of the Official Plan outline the objectives and policies for compatible development.  As well, the Design Guidelines for development along Traditional Mainstreets, and the Design Guidelines for Low-Medium Density Infill Housing are applicable to this site, and these provide further details about compatibility and design.  The proposed development has also been evaluated in light of the Stittsville Main Street Design Guidelines. 

 

The proposed development contributes to a positive public streetscape by providing a public sidewalk and street trees along Orville Street.  New buildings align with existing buildings along Orville Street, and these buildings have a ground level façade that animates the street.  The proposal also includes semi-public outdoor amenity space along Stittsville Main Street and between the existing buildings, which adds to the public realm.   

 

The built form of the proposed buildings is such that it steps back from Stittsville Main Street and is within the permitted heights in the zoning, thereby allowing light to reach the street and creating a more human-scale environment.  The commercial uses have clear windows at grade facing Stittsville Main Street, and residential units are located above, which helps to animate the street and to have living spaces interact with the street casually.  The amenity and open space areas on site are faced by and enclosed by the living areas, which reduces privacy impacts and creates more usable amenity spaces. 

 

The site creates a more positive pedestrian environment by ensuring front doors of the buildings on Stittsville Main Street face the street and are directly accessible, sharing vehicular access and some of the underground parking, and locating the three surface parking spaces behind main buildings. 

 

The proposal meets environment objectives by using native species throughout the site, and utilizing permeable and natural surfaces for paving.  Green building technologies are also used, as the development is intended to achieve LEED certification.

 

The proposed development achieves the intent of the Stittsville Main Street Design Guidelines through the use of warm and neutral colours, gabled roofs, vertical proportions, and the inclusion of residential above commercial for buildings facing Stittsville Main Street.

 

The existing buildings along Stittsville Main Street are intended to be retained.  Although not designated heritage buildings, these buildings do represent the historic character of Stittsville Main Street and their retention is encouraged.  The new buildings on the site are situated and designed such that they respect and enhance the visual and physical character of the existing historic buildings. 

 

Infrastructure

 

The proposed development does not necessitate a Transportation Impact Study as per the City’s guidelines, however, a Transportation Brief was submitted to the City by the applicant.  The Transportation Brief indicated that there would be no significant impact on traffic, including turning movements at Orville Street and Stittsville Main Street, as a result of this development.  Access to the site will be via Orville Street, which provides access to Stittsville Main Street, an arterial road.  Orville Street will be upgraded to urban standards, including sidewalks, along the frontage of the site.

 

Servicing and stormwater management aspects have been adequately addressed and are to the satisfaction of staff.  As such, there are no concerns with availability of services or stormwater management for the proposed development.

 

Zoning By-law Amendment

 

The proposed zoning for the site, described in Document 2, includes the addition of new special provisions to the existing TM9 and R4Z zones.  Among the new special provisions are reductions to the yard setbacks, buffering between the two lots, and location of visitor parking on the commercial portion of the site.  These amendments are considered to be minor and recognize that the two lots will be developed as one contiguous site.  The rezoning is consistent with the general intent of the Official Plan policies, and the TM9 and R4Z zones. 

 

Site Plan Control

 

The proposed development as shown on the Site Plan (Document 5) will conform to the Zoning By-law at such time that the recommended zoning provisions are in full force and effect. Conditions of Site Plan Control approval are included in Document 7. 

 

Plan of Condominium

 

The Plan of Condominium application has been examined pursuant to the provisions of the Official Plan and Section 9 of the Condominium Act and this examination has revealed that the application, subject to the conditions contained in Document 8, is compliant.  The proposed development does not require an expenditure of municipal funds over and above those funds recovered by development charges or for which an allocation has been made in a Council approved budget. The conditions of Draft Plan of Condominium are supported by the applicant and the Ward Councillor.

 

Summary

 

The proposed development represents an appropriate form of intensification, and is in conformity with the policies for the Traditional Mainstreet designation.  Staff are satisfied that compatibility and design of the site has been adequately considered in light of the relevant Urban Design Guidelines.  Transportation and servicing concerns have been addressed. 

 

The proposed Zoning By-law amendment conforms with the general intent of the Official Plan and existing zoning on the site, and as such, staff recommend approval of the proposed zoning.  The Site Plan Control application conforms to the proposed zoning, and the Plan of Condominium application complies with provincial legislation and the Official Plan and does not require expenditure of municipal funds.  It is recommended that the Site Plan Control and Plan of Condominium applications be approved by staff, subject to the conditions found in Documents 7 and 7, at such time that the proposed Zoning By-law amendment is in full force and effect.

 

ENVIRONMENTAL IMPLICATIONS

 

The Mississippi Valley Conservation Authority and City staff have indicated that there are no issues from an environmental point of view regarding the proposed Zoning By-law Amendment. 

 

Several aspects of the proposal take into consideration the environmental impacts of the site.  The proposal’s medium-density built form, location within a mixed-use area, and proximity to transit make efficient use of land and transportation infrastructure.  The proposal includes a “green roof” over the parking garage, which contributes to stormwater retention and reduced runoff, air and water quality, building energy use, and reduced “urban heat island” effect.  Site-level features, such as permeable pavement and on-site stormwater management, are also proposed. 

 

RURAL IMPLICATIONS

 

The application represents intensification which has the effect of more efficiently using urban lands, thereby reducing the pressure on rural lands for increased urban expansion and development.

 

CONSULTATION

 

Notice of these applications was carried out in accordance with the Planning Act requirements, and notice of the Site Plan Control and Plan of Condominium applications was carried out in accordance with the City’s Public Notification and Consultation Policy. 

 

In the settlement of the appeal on the Minor Variances and Consent applications, the City committed to bringing the subject Zoning By-law amendment to Planning and Environment Committee on 23 February 2010 and City Council on 24 February 2010.  Although this timeline does not allow for the usual 29-day public comment period as per the City’s Public Notification and Consultation Policy, public consultation has occurred through the Site Plan Control application and the Minor Variance and Consent applications, and the public has been made aware of the Zoning By-law amendment application.  The proposed development has not changed significantly since originally proposed.  The public will have the opportunity to submit comments to and/or appear at the Planning and Environment Committee meeting. 

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

Councillor Shad Qadri, Stittsville – Ward 6, provided comments in relation to the Site Plan Control application.  These comments are included in Document 4. 

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

There are no legal/risk management implications associated with this report.

 

CITY STRATEGIC PLAN

 

The proposed development and planning applications align with the City Strategic Plan in that it respects the existing urban fabric, neighbourhood form, and the limits of existing hard services, so that new growth is integrated seamlessly with established communities, and contributes toward achieving a 30 percent modal split by 2021. 

 

TECHNICAL IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

N/A

 

APPLICATION PROCESS TIMELINE STATUS

 

The Zoning By-law amendment application was processed by the "On Time Decision Date" established for the processing of this type of application.  The Site Plan Control and Plan of Condominium applications were not processed by the “On Time Decision Date”, due to the need to resolve issues with Minor Variances, parking, stormwater, and street design.

 

SUPPORTING DOCUMENTATION

 

Document 1    Location Map

Document 2    Details of Recommended Zoning

Document 3    List of Plans to be Approved by Staff

Document 4    Consultation Details

Document 5    Site Plan

Document 6    Draft Plan of Condominium

Document 7    Conditions of Site Plan Approval

Document 8    Conditions of Draft Plan of Condominium

 

DISPOSITION

 

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, 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 and Growth Management to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.

 

Legal Services to forward the implementing by-law to City Council.


LOCATION MAP                                                                                                DOCUMENT 1

 

 


DETAILS OF RECOMMENDED ZONING                                                    DOCUMENT 2

 

Proposed Changes to the Comprehensive Zoning By-law

 

  1. The Zoning Map of City of Ottawa Zoning By-law Number 2008-250 is amended by changing the zoning of the lands known municipally as 1539 Stittsville Main Street from TM9 H(11) to TM9 [xxxx] H(11);

 

  1. Add a new exception and provisions to Section 239 as follows:

a.       maximum front yard setback: 20.0m

b.      minimum corner side yard: 0.44m

c.       Section 110 (2)(c) does not apply, and opaque screening is not required

d.      Table 197(i)(i) does not apply, and a landscaped buffer between a parking lot in a TM zone and a residential zone is not required. 

e.       Section 197(1)(b) does not apply

f.       The properties at 1539 Stittsville Main Street and 4 Orville Street shall be deemed to be one lot for zoning purposes.

 

  1. Amend exception 1210 by adding the following provisions:
    1. minimum rear yard: 6.69m
    2. minimum width of drive aisle at a garage door:  4.9m
    3. The properties at 1539 Stittsville Main Street and 4 Orville Street shall be deemed to be one lot for zoning purposes, except Orville Street shall be deemed the front lot line for the property at 4 Orville Street.

 

 

 

 


LIST OF PLANS TO BE APPROVED BY STAFF                                          DOCUMENT 3

 

a.                   Site Plan, Orville Station, A-100, prepared by Julia Bourke Architecture Inc., dated 27 March 2007, and revised 20 January 2010.

b.                  Underground Parking Plan, Orville Station, A-101, prepared by Julia Bourke Architecture Inc., dated 1 November 2006, and revised 20 January 2010.

c.                   Landscape Plan, Orville Station – Main & Orville (Stittsville), L-1, prepared by Stantec, dated 1 October 2007, and revised 1 February 2010.

d.                  Planting Plan, Orville Station – Main & Orville (Stittsville), L-2, prepared by Stantec, dated 1 October 2007, and revised 1 February 2010.

e.                   Grading and Drainage Plan

f.                   Storm Drainage Plan, Orville Station, SD-1, prepared by Stantec, dated 1 October 2007, and revised 1 February 2010. 

g.                  Composite Utility Plan, Orville Station, CUP-1, prepared by Stantec, dated 1 October 2007, and revised 15 October 2009. 

h.                  Erosion Control Plan, Orville Station, EC-1, prepared by Stantec, dated 1 October 2007, and revised 1 February 2010. 

i.                    Sanitary Drainage Plan, Orville Station, SAN-1, prepared by Stantec, dated 1 October 2007, and revised 1 February 2010. 

j.                    Storm Ponding Plan, Orville Station, POND-1, prepared by Stantec, dated 1 October 2007, and revised 1 February 2010. 

k.                  Site Servicing Plan, Orville Station, SP-1, prepared by Stantec, dated 1 October 2007, and revised 1 February 2010. 

l.                    Plan and Profile, Orville Station, PP-1, prepared by Stantec, dated 1 October 2007, and revised 1 February 2010. 

m.                Residential Building C, Courtyard and Back Elevations, A404, prepared by Julia Bourke Architecture Inc., dated 12 January 2007, and revised 17 Apri1 2009.

n.                  Residential Building B, Courtyard and Back Elevations, A403, prepared by Julia Bourke Architecture Inc., dated 12 January 2007, and revised 17 Apri1 2009.

o.                  Residential Building A, Courtyard and Back Elevations, A402, prepared by Julia Bourke Architecture Inc., dated 12 January 2007, and revised 17 Apri1 2009.

p.                  Commercial Building D-E, Courtyard and Back Elevations, A405, prepared by Julia Bourke Architecture Inc., dated 12 January 2007, and revised 17 Apri1 2009.

q.                  Tree Preservation and Protection Plan, Orville Station – Main & Orville (Stittsville), T-1, prepared by Stantec, dated 22 March 2007, and revised 4 July 2007.


CONSULTATION DETAILS                                                                             DOCUMENT 4

 

NOTIFICATION AND CONSULTATION PROCESS

 

Details of notification and consultation are described above in the body of this report.  A community information and comment session was held for the Site Plan Control application on 9 January 2007.  Extensive comments from the Ward Councillor, Stittsville Village Association, and the public were received in relation to the Site Plan Control application, and are included below.  As described in the body of this report above, the Zoning By-law amendment application has been submitted as a result of a proposed settlement on the appeals of Minor Variance applications, and the Councillor is supportive of this approach. 

COUNCILLOR COMMENTS

 

1.  Height and Density:

The main concern I have is with the height and density. 3 1/2 stories is too high for this area, the homes and businesses in the area are all 1 or 2 stories. Currently there are no developments in Stittsville that exceed the height of 3 stories. I believe the community would be more supportive of this proposal if the plans were changed to a 2 1/2 storey proposal. Another suggestion would be to remove a storey from the units closest to Pretty Street (block B), resulting in those units being 2 1/2 stories instead. This would reduce some of the density on site and deal with the height concerns from immediate residents on Pretty Street. The issue of privacy also arose with the balconies proposed looking towards Pretty Street. I request that the balconies facing Pretty Street residents be removed or at a minimum require screening on those balconies, it must be ensure fencing is solid.

 

2. Traffic:

The issue is that the only access these units have is on Orville Street. Orville Street is a small community road formally a laneway which is already stressed during peak hours, and despite the traffic studies the applicant has had done. I know that this development will negatively impact the intersection of Orville Street and Stittsville Main.  Consideration must also be given to the fact that there are already 2 more apartment buildings approved further down the street, I know that the one existing building has not greatly affected the intersection but with two more apartments this will add additional stress on the intersections. With much of Stittsville's commercial services moving to the north end of Main Street this means that even a great number of cars will be turning right from Orville onto Main creating a line up of cars making it difficult for residents of this proposed development to get out. In addition this will also result in a line up of cars on Main St turning left onto Orville to return home. It is already common to have this line up take place on Main St and with further residents accessing Orville St it is a concern that this could further impact the traffic movements at the intersection of Main St and Abbott St as it already becomes backed up during peak period. Therefore making this development negatively impact the greater community of Stittsville.  Given these above points and others made at the meeting, I believe that it is imperative for the City to have the applicant further review accesses onto Main Street from the development. I would also like to note that if the two older buildings on Main St were removed then this could provide room to bring the commercial uses closer to Main St where it should be located.  Even if there could be one access going into the development from Main Street and one access going out by Orville (or vice versa with traffic experts suggestions). Of course I do not want to further congest Main St, but Main St is a major road in Stittsville whereas Orville Street which was once a laneway has been turned into a narrow road.  I would also like traffic staff to provide their thoughts on making the street one way and also on how a street crossing the Trans Canada Trail by the Orville apartments would affect the traffic in this area.

 

3. Parking:

The requirements should not be considered met with use of the commercial parking, the commercial parking should be considered extra visitor parking, which is not required by the zoning by-law. I do find it innovative to share the parking for the commercial uses for the residential visitor areas in off hours, but I want assurances that visitor parking is also provided during daytime hours. It is important to keep in mind that most businesses including professional offices stay open later in the evening. Could you advise if there is an example of such a shared parking arrangement in the City? Signage should be required advising of the visitor and commercial parking location underground, there is concern that people may not be aware that this parking is for the public and will instead park on the street.  An important point made at the meeting is that there should be parking above ground especially for the commercial uses as there are many people who may be quickly dropping something off and will not want to park underground to do so. The question also arises as to where will uses of the corner commercial building park as they used to park behind the building but this land is being used for the proposed development.

 

4. Landscaping and Stormwater:

As mentioned at the meeting, additional landscaping should be required at the boundary of the development and existing homeowners. I would like a condition be placed on the site plan specifying the calibre of the trees to be planted, and that these trees should be evergreens to provide coverage in all seasons.  Check with Forestry what the largest possible size recommend taking into consideration the survival of the tree. This would be in keeping with the environmental features of the site.  I would strongly encourage the applicant to also offer in writing to plant large calibre trees in the backyard of Ms. Welch at 6 Pretty St. This was discussed at a past meeting with myself and the applicant and I believe that this would be a very good gesture of good faith on the applicant’s part.  What will be the design of the fence abutting existing residents, chain link or wood? I believe wood would be more visually pleasing, but there would have to be a commitment made on the long term maintenance of the fence. Ensure there is also a privacy fence on the southern boundary of site.  Glad to see trees on Main St are being retained.   I would like included a condition that if there is standing water in the storm water management ponds then the developer at their expense must place a fountain in the pond to provide water circulation (concern of possible odours of standing water and also west Nile concerns).  Currently there are no storm sewers on Orville so I would like to know where the pond water would be discharging it's overflow.

 

5. Pedestrian Concerns:

Concern has been raised about pedestrian safety given the increased proposed traffic on Orville Street. I would like traffic staff to assess if the installation of sidewalks would be a good idea for the south side of Orville from Main St to Pretty St.  I understand that this is currently noted on the plans but the concern is that having sidewalks installed could actually make the road more narrow because even though it would not remove road space it would remove the space that cars usually park on. For example typically when the Pretty Street Community Centre parking is full then people will park on south side of Orville Street and their cars would be parked over to the side on the grass. If there was a sidewalk there then the cars would be restricted as to how far they can pull over to park and would actually make Orville St more narrow. I would appreciate the perspective of traffic engineers on this situation. If it is suggested that a sidewalk should be installed and the community agrees with the suggestions then it should be a condition that the developer must install this sidewalk from Main St all the way to Pretty St. This would also benefit new residents in this proposed development as they would likely be walking down Orville St to Pretty St if they were going to Ralph Street Park.

 

6. Storage: 

Where will residents' bikes and other large objects be kept? It is unlikely that residents would carry their bikes into their units and with minimal storage available to residents I am worried that bikes and other equipment will be stored along the sides of buildings or on balconies, which will create an eyesore. Where will residents' garbage and recycling be stored? There should be a special location for garbage to be stored, as there is concern that residents may store garbage on their balconies.

 

7. Décor: 

Residents were also concerned about the quality of the materials being used.  Instead of siding, there should be the use of brick and stone on these units. I understand that it is suggested to be high quality siding but brick and/or stone would be much more in keeping with the community. I suggest that a Brownstone style would be very appealing to the community at large and to future tenants. There needs to be a decor features which breaks up the building so it does not appear as a towering. Possibly additional brick and/or stone work could achieve this.

 

8. Signage: 

Where will the signage for the businesses be placed? And also marketing materials for the development?  Will there be a community sign posted anywhere? As mentioned at the meeting the community might appreciate having a sign installed for the new development which also reflects the rest of the neighbourhood. I would suggest that the name used be "Woodlands" as it was noted that this was the original name of the area developed in 1959.  Signs must be placed noting where visitor parking is located.

 

9.  Snow Removal:

There is concern with snow removal of the site - will the snow build up in the laneway areas? 

 

10. Fire Access:

I am requesting confirmation from Fire Services that they are able to access all parts of the site. I am concerned about their ability to access the area between Main St and the commercial buildings, and I am also concerned about access to the west side of building C.

 

11. Construction:

I request the developer makes every effort to have the construction completed as soon as possible, especially work which involves the use of Orville Street. Construction vehicles should be parked on the site and not on the side of the road as this will be an inconvenience residents. Please provide Councillor's office with construction timeline prior to any work being done on the site (this includes a heads up if land is being cleared). Construction vehicles should not be on the road during rush hour times.

 

12. Mailboxes:

Where will the mailboxes be located?

 

13. Minor Variances:

There is concern about the amount of minor variances being requested.  If it is the case that many of the minor variances would not be covered in the comprehensive Zoning By-law then that raises even greater concerns with the Councillor. The applicant should be made to work within the current zoning and should not be permitted to make all of these changes.

 

 

SUMMARY OF PUBLIC INPUT

 

There were nine comments received from the public, with one in support of the proposal.  In addition, 15 people provided comments at the public meeting.  The concerns can be summarized as follows:

 

1. Compatibility:

Proposal does not fit into the community.  Height is an issue.

 

Staff Response:

The proposed development is within the height limits permitted in the existing zoning.  Compatibility was assessed as per the relevant Official Plan policies, and this is included in the discussion section above.

 

2. Traffic:

Traffic is already heavy traffic in area, with traffic backing up resulting from Abbott and Stittsville Main Street.  The results of Transportation study are questioned:

 

(a)  The current traffic levels do not reflect the additional 40 apartment units to be built on Orville at Caribou.  Did the study account for that load?

(b)   Orville Street does not conform to modern standards for residential streets and those norms cannot be applied.

 

Support the suggestion made to make Orville a one way street from the most easterly entrance of Stittsville Station to Stittsville Main Street, and, that only right turns be allowed from Orville onto Stittsville Main.  It was always our view that there should be a crossing of the TCT for our SE sector of Stittsville - perhaps near the 3 apts., to provide an emergency alternative and to alleviate traffic at Main and Abbott.

 

Staff Response:

The Transportation Brief submitted with the application did consider other proposed development in the area, and did not recommend improvements to the transportation network.  The remainder of these concerns have been addressed in the responses provided above.

 

3.  Property values: 

The proposed development will impact property values. 

 

Staff Response:

Review of a Site Plan Control or Zoning By-law amendment application does not directly consider property values per se, however, impacts on the surrounding community that may in turn affect property values are considered.  There is no evidence that development of this type negatively impacts property values. 

 

4. Privacy: 

It is important that Dharma address the privacy concerns of the immediate neighbours. The use of large caliper conifers to screen the view appears to be an acceptable resolution.

 

Staff Response:

Response to this comment is included above.   

 

5. Pedestrian movement:

A sidewalk extending from Stittsville Main to Pretty Street on both sides of Orville should be included as part of the development. This would realign the traffic lanes and enhance the pedestrian atmosphere of the development as well as preventing parking on the shoulder of Orville.

 

Staff Response:

Response to this comment is included above.   

 

6. Parking: 

There is concern that the amount of parking and parking configuration is problematic.  Shared commercial and visitor parking will not work.  The municipal parking lot cannot be relied on to provide overflow parking.

 

Staff Response:

The Site Plan has been revised to include additional parking spaces on the site.  The amount of parking proposed is in excess of that required by the Zoning By-law.  Agreements will be required between the two land parcels to ensure availability of the parking spaces. 

 

7. Construction: 

There is concern about timeline of construction and disruption, and about ability of developer to honour timelines given other recent developments in the area.

 

Staff Response:

After Site Plan approval, the applicant has specific timelines in which to enter into an agreement with the City, and to carry out the site works. 

 

8. Appearance: 

The development is unsightly and visually unappealing.

 

Staff Response:

The City has limited ability to control details of aesthetics.  However, staff are satisfied with the proposed building materials and building design, as they meet the applicable design guidelines.

 

 

COMMUNITY ORGANIZATION COMMENTS

Stittsville Village Association:

 

1. Compatibility:

The concerns expressed by members of the community and the SVA at these meetings boil down to an issue of compatibility. Although this proposal doubtless meets the City of Ottawa’s intensification policies, there is also an obligation on the part of developers and planners to ensure that such developments are compatible with the surrounding neighbourhood in type, density, appearance, traffic generation, social impact, etc.  In this particular case, we believe that the proposed construction of three stacked townhouse units, supplemented by two commercial/residential units, is not only completely inappropriate for this location, but flies in the face of the Official Plan compatibility policy.

 

Staff Response:

The Official Plan compatibility policy seeks to mix varying types and forms of development with existing development, while respecting certain characteristics of existing areas.  The Official Plan promotes ground-oriented dwellings throughout the city, and this use is permitted in the Zoning By-law at this location.

 

2.  Traffic:

Although within the zoning density parameters, the attempt to design 36 dwelling units into this particular site of less than 0.5 hectare gives rise to serious traffic and parking problems. The intersection of Stittsville Main Street and Orville Street is, even with today’s traffic volume, and particularly during peak hours, a serious bottleneck. When vehicles from 41 dwellings plus commercial traffic are added to the mix, the situation is likely to become totally untenable. We are told that the required traffic study for this development indicates that traffic impact in the area will be minimal!  History has shown, however, that, in a system where the proponents contract for and fund these supposedly independent studies, the public can place little or no credence in the outcomes. The SVA is of the opinion that certain types of development may well be appropriate for this property, but before any development is approved the issue of the Main/Orville intersection has to be addressed and a viable solution found that will not have a negative impact on the existing residents in the area east of Main Street.

 

Staff Response:

Transportation concerns have been discussed previously. 

 

3.  Parking:

With respect to parking arrangements, the Goulbourn Township Zoning By-law requires 1.5 parking spaces per dwelling unit.  And also, in paragraph 3(16)(c) the By-law states “The parking area shall…be provided on the lot occupied by the building, structure, or use for which the said parking area is required…”.  The developer, however, is proposing that 18 of the required 54 parking spaces for the three residential blocks be located in the underground parking area of the residential/commercial lot in the Core Commercial zone. It appears that this would be a locked facility, available only during “after hours” periods, and would require a joint use maintenance plan hopefully enforced by the condominium agreements! This absurd proposal is fraught with problems, not the least of which would be forcing frustrated residents and visitors to park on Orville Street, thus further aggravating the traffic situation. The SVA believes that the provisions of the By-law should stand and we also feel that the enforcement of the Site Plan Agreement should not be left to a vague third party arrangement somewhere down the road.

 

Staff Response:

The Site Plan has been amended such that only five spaces for visitor parking are located on the commercial property at 1539 Stittsville Main Street.  The underground parking garage is not intended to have a door, thereby ensuring access to the commercial and visitor parking.  The recommended zoning allows visitor parking on the commercial portion of the site.  Comprehensive Zoning By-law 2008-250, as amended, sets out parking requirements, and the proposed development satisfies those requirements. 

 

4. Appearance and Design:

A further major concern with this proposal is the appearance and design of the buildings.  The three residential buildings, with their reduced set-backs and dominating the adjacent residential properties, are box shaped structures with little to break up the lines, no brickwork and clad, at the moment, from top to bottom in a dull composition siding. The whole design is decidedly institutional and one has to wonder which regiment of the Canadian Army is being posted to Stittsville to occupy these buildings!! We are told by the developer that, inasmuch as the buildings have sloping roofs, they meet the Stittsville Main Street Design Guidelines. The rest is, one supposes, a matter of interpretation!

 

Staff Response:

These concerns have been addressed in previous responses.

 

5. The SVA fully recognizes the need for compatible, affordable housing in this part of the village and, in that respect, we feel that much better use could be made of this particular property. This project, however, suffers from the principle of squeezing as many units onto the property as the Zoning, or variances thereof, will allow in order to maximize revenue. There are many examples around this City of attractive townhouse/mews infill type developments successfully established close to arterial or major roads. Under this proposal, however, this would not be one of them and we firmly believe that the Planning Department should reject this proposal in its current form.

 

Staff Response:

The proposed development meets the intent of the Official Plan for compatibility and design, and is in line with applicable design guidelines.   


SITE PLAN                                                                                                             DOCUMENT 5


DRAFT PLAN OF CONDOMINIUM                                                                 DOCUMENT 6


CONDITIONS OF SITE PLAN APPROVAL                                                   DOCUMENT 7

 

 

  1. The Owners shall enter into a standard site development agreement consisting of the following conditions.  In the event the Owners fail to enter into such agreement within one year, this approval shall lapse.

 

  1. The Owners shall obtain such permits as may be required from Municipal or Provincial authorities and shall file copies thereof with the General Manager, Planning and Growth Management Department.

 

  1. The Owners shall reinstate at their expense, to the satisfaction of the General Manager, Planning and Growth Management Department, any property of the City, including, but not limited to, sidewalks and curbs, boulevards, that are damaged as a result of the subject development.

 

  1. The Owners shall be required to install construction fencing at their expense, in such a location as may be determined by the General Manager, Planning and Growth Management Department.

 

  1. The Owners agree to establish easements as follows:

 

    1. over the visitor parking spaces located on 1539 Stittsville Main Street and required for the residential development on 4 Orville Street;
    2. for drive aisles located on 1539 Stittsville Main Street and 4 Orville Street leading to parking spaces. 

The Owners further agree to enter into a Joint Use, Maintenance and Liability Agreement for said parking spaces and drive aisles, to be registered on title, and deposited with the City. 

 

  1. The Owners agree to provide fully-enclosed structures at the two external garbage pads for waste and recycling, to the satisfaction of the General Manager, Planning and Growth Management.

 

  1. The Owners acknowledge that waste and recycling collection will be provided as follows:

 

    1. Commercial Units: Waste collection and recycling collection will not be provided by the City, and the owner/applicant should make appropriate arrangements with a private contractor for waste and recycling collection. The owner should consult a private contractor regarding any access requirements for waste and/or recycling collection.
    2. Residential Units: Container waste collection and cart (and/or container) recycling collection will be provided by the City. The owner shall provide an adequate storage room or space for waste containers and recycling carts (and/or containers). It is recommended that the containers and carts be placed on a concrete floor. The owner shall provide an adequately constructed road access to the waste/recycling storage room or area suitable for waste/recycle vehicles. Direct access to the containers and carts is required. Any additional services (i.e. winching of containers) may result in extra charges.

 

  1. The Owners agree to erect directional signage to direct commercial patrons and visitors to the appropriate location in the underground parking garage.

 

  1. The Owners agree to enter into a Maintenance and Liability agreement for the landscaping elements located within the Orville Street road allowance.

 

  1. The Owners agree to put a notice on title and include in all agreements of Purchase and Sale as follows: "The purchaser acknowledges that there will be stormwater ponding in the drive aisles during the major rainfall events that may encroach on the underground garages, and he/she is advised that objects susceptible to water damage should not be stored in the garage."

 

  1. That the Owners provide evidence that the appropriate cash-in-lieu of the conveyance of the land being developed has been paid to the City of Ottawa for parkland purposes, such value of the land to be determined by the City’s Real Property and Assets Management Branch, as at the day before the granting of the consent(s).  The Owners shall bear any appraisal costs incurred by the City. 

 

  1. The Owners agree that any modification to the existing buildings on site shall be carried out in accordance with the Phase I - Environmental Site Assessment, Stittsville Main Street at Orville Street, Report PE1053-1, prepared by Paterson Group Inc, dated 22 January 2007.

 

  1. The Owners agree to adhere to the recommendations of the Tree Preservation and Protection Plan, T-1, prepared by Stantec, dated 22 March 2007, and revised 4 July 2007.

 

  1. The Owners agree to prepare a Construction Management Plan, to the satisfaction of the General Manager, Planning and Growth Management, to be submitted prior to issuance of a Building Permit.

 

  1. The Owners agree to construct a solid board-on-board opaque fence along the property lines in accordance with the Landscape Plan, L-1, and to the satisfaction of the General Manager, Planning and Growth Management Department. Said fence shall be 2m in height and, together with associated soft landscaping, shall be installed when grading along the property lines is complete, but in no case shall this be more than 18 months from the issuance of the first building permit on the site.

 

  1. The Owners agree to include in all agreements of Purchase and Sale the following: “The purchaser acknowledges that snow storage will not be permitted on site, and snow removal will not be performed by the City.”

 

  1. The Owner agrees that road widening requirements for Stittsville Main Street will be considered at such time that future redevelopment on the site occurs adjacent Stittsville Main Street.

 

  1. The Owner acknowledges that at the time the adjacent lands to the south are developed, the City may require that the southern access from Stittsville Main Street be shared with the adjacent lands to south, to the satisfaction of the General Manager, Planning and Growth Management.  The Owner agrees to enter into a Joint Use, Maintenance, and Liability Agreement with the owner of the adjacent lands to the south if a shared access is required at such time that said lands are developed.

 

 


CONDITIONS OF DRAFT PLAN OF CONDOMINIUM                               DOCUMENT 8

 

File:  D07-04-07-0027

 

CONDITIONS FOR FINAL APPROVAL

ORVILLE STATION LTD.

 

DRAFT APPROVED DD/MM/YYYY

 

The CITY OF OTTAWA's conditions applying to the Final Approval for registration of Orville Station Ltd's Condominium (file # D07-04-07-0027) are as follows:

 

 

Conditions

 

Clearing Agency

1.       

The Owner agrees, by entering into an agreement to satisfy all requirements, financial and otherwise, of the City of Ottawa, including but not limited to, the phasing of the plan for registration, the provision of roads, installation of services and utilities, and drainage.

 

Ottawa

(Planning)

2.       

That this approval is subject to all conditions of the Site Plan Control approval.

Ottawa

(Planning)

3.       

That all designated visitor parking spaces, as shown on the approved Site Plan, shall be used for visitor parking only.

 

Ottawa

(Planning)

4.       

The Condominium Corporation shall not prohibit the flying of flags but may regulate them to ensure only that they are displayed in a safe manner and do not interfere with the reasonable use of other units.

 

Ottawa

(Planning)

5.       

All streets, where applicable, shall be named to the satisfaction of the City of Ottawa.

 

Ottawa

(Planning)

6.       

The Owner shall design and construct all necessary watermains within the subject lands to the satisfaction of the City of Ottawa.  The Owner shall pay all related costs, including the cost of connection, inspection and sterilization by the City personnel.

 

Ottawa

(Planning)

 

7.       

The details for water servicing and metering shall be to the satisfaction of the City of Ottawa.  The Owner shall pay all costs, including the cost of connections and the supply and installation of water meters by City personnel.

 

Ottawa

(Planning)

8.       

The Condominium Corporation shall enter into an agreement with the City of Ottawa to provide for all the maintenance of private watermains, private hydrants and private water services, as applicable.

Ottawa

(Planning)

9.       

Such easements and maintenance agreements which may be required for electrical, gas, water, sewer, telephone and cablevision facilities, shall be provided and agreed to by the Owner, to the satisfaction of the appropriate authority; and that the Owner shall ensure that these easement documents are registered on title immediately following registration of the final plan; and the affected agencies are duly notified.

 

Utilities

10.   

Where the relocation or removal of any existing on-site/adjacent utility facility, including water, sewer, electrical, gas, telephone and cablevision, is required as a direct result of the development, the Owner shall pay the actual cost associated therewith to the satisfaction of the appropriate utility authority.

 

Utilities

11.   

The Owner shall coordinate the preparation of an overall utility distribution plan showing the location (shared or otherwise) and installation, timing and phasing of all required utilities (on-grade, below-grade or above-grade), including on-site drainage facilities and streetscaping)-- such location plan shall be to the satisfaction of all affected authorities and shall consider their respective standards and specifications manuals, where applicable.    

 

Utilities

12.   

That the Owner has paid any outstanding taxes owing to the City of Ottawa prior to registration.

 

Ottawa

(Finance)

13.   

The plan shall be referenced, where possible, to the Horizontal Control Network, in accordance with the City requirements and guidelines for referencing legal surveys.

 

Ottawa

(Surveys and Mapping)

14.   

The Owner shall provide the final plan intended for registration on diskette in a digital form that is compatible with the City of Ottawa computerized system.

 

Ottawa

(Surveys and Mapping)

15.   

At any time prior to final approval of this plan for registration, the City of Ottawa may, in accordance with Section 51 (44) of the Planning Act, R.S.O. 1990, c. P.13, as amended, amend, delete or add to the conditions and this may include the need for amended or new studies.

 

Ottawa

(Legal)

16.   

The Condominium Agreement shall state that the conditions run with the land and are binding on the Owner's heirs, successors and assigns.

 

Ottawa

(LEGAL)

17.   

The Owners agree to establish easements to allow access to parking spaces and drive aisles on adjoining lots.  The Owners further agree to enter into a Joint Use, Maintenance and Liability Agreement for said parking spaces and drive aisles, to be registered on title, and deposited with the City. 

 

Ottawa

(Planning)

(Legal)

18.   

Prior to registration of the Plan of Condominium, the City of Ottawa is to be satisfied that Conditions 1-17 have been fulfilled.

 

Ottawa

(Legal)

19.   

If the Plan of Condominium has not been registered within three (3) years of the date of draft approval, the draft approval shall lapse pursuant to Section 51 (32) of the Planning Act, R.S.O. 1990, c. P.13, as amended.  Extensions may only be granted under the provisions of Section 51 (33) of said Planning Act prior to the lapsing date.

Ottawa

(Legal)