4. ZONING - 2900 JOCKVALE ROAD

ZONAGE - 2900, CHEMIN JOCKVALE

Committee recommendations as amended

(This application is subject to Bill 51)

That Council:

1. Approve an amendment to the Zoning By-law 2008-250 to change the zoning of 2900 Jockvale Road from R2M Residential Second Density Zone to R2M [1562] Residential Second Density Zone, Exception [1562], as detailed in Document 2, subject to the conditions listed below;

2. Approve an amendment to the former City of Nepean Zoning By-law to change the zoning of 2900 Jockvale Road from R4 Residential Fourth Density Zone to R4 Block XXX, Residential Fourth Density Zone Block XXX as detailed in Document 2, subject to the following:

a. The applicant modifies the driveway to accommodate extra parking and the creation of a one-way loop to facilitate the drop off and pick up of children safely, as recommended in the traffic report; and

b. Prior to the enactment of the by-law, securities be provided to the City and a letter of agreement be signed to ensure the work is performed.

Recommandations modifiÉeS du Comité

(Cette demande est assujettie au Règlement 51)

Que le Conseil :

1. approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 2900, chemin Jockvale de R2M, Zone résidentielle de densité 2, à R2M [1562], Zone résidentielle de densité 2 assortie de l’exception [1562], comme il est expliqué en détail dans le Document 2, sous réserve des conditions établies plus bas;

2. approuve une modification au Règlement de zonage de l’ancienne Ville de Nepean afin de changer la désignation de zonage du 2900, chemin Jockvale de R4, Zone résidentielle de densité 4, à R4, bloc XXX, Zone résidentielle de densité 4, bloc XXX, comme il est expliqué en détail dans le Document 2, sous réserve des conditions suivantes :

a. que le demandeur modifie la voie d’accès pour voitures afin d’y aménager des espaces de stationnement supplémentaires ainsi qu’une voie en U à sens unique pour faciliter le service d’embarcadère et de débarcadère des enfants en toute sécurité, comme le recommande le rapport sur la circulation;

b. avant l’adoption du règlement municipal, que les valeurs mobilières soient fournies à la Ville ainsi qu’une lettre d’accord signée visant à s’assurer que les travaux seront effectués.

Documentation

1. Deputy City Manager, Planning, Transit and the Environment report dated 2 September 2008 (ACS2008-PTE-PLA-0201).

2. Extract of Draft Minutes, 23 September 2008.

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

02 September 2008 / le 02 septembre 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 : Danny Page, Acting Manager/Gestionnaire, Development Approvals/Approbation des demandes d'aménagement, / Planning Branch/Direction de l’urbanisme

(613) 580-2424, 27595 Danny.Page@ottawa.ca

Barrhaven (Ward 3)

Ref N°: ACS2008-PTE-PLA-0201

SUBJECT:	ZONING - 2900 Jockvale Road (FILE NO. D02-02-08-0044)
OBJET :	ZONAGE - 2900, chemin Jockvale

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 2900 Jockvale Road from R2M Residential Second Density Zone to R2M [1562] Residential Second Density Zone, Exception [1562], as detailed in Document 2; and

2. Approve an amendment to the former City of Nepean Zoning By-law to change the zoning of 2900 Jockvale Road from R4 Residential Fourth Density Zone to R4 Block XXX, Residential Fourth Density Zone Block XXX as detailed in Document 2.

RECOMMANDATIONS DU RAPPORT

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

1. d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 2900, chemin Jockvale de R2M, Zone résidentielle de densité 2, à R2M [1562], Zone résidentielle de densité 2 assortie de l’exception [1562], comme il est expliqué en détail dans le Document 2;

2. d’approuver une modification au Règlement de zonage de l’ancienne Ville de Nepean afin de changer la désignation de zonage du 2900, chemin Jockvale de R4, Zone résidentielle de densité 4, à R4, bloc XXX, Zone résidentielle de densité 4, bloc XXX, comme il est expliqué en détail dans le Document 2.

BACKGROUND

The site is located on the west side of Jockvale Road between Fable Street and Laming Street. The property is 1,082 square metres in size with an existing detached house and garage constructed in the 1960s. Surrounding the site are subdivisions that were registered in the 1980s. The homes in these subdivisions do not front onto Jockvale Road but are accessed from the internal street network.

Purpose of Zoning Amendment

The applicant is proposing to amend the zoning to permit a day nursery on this site.

Existing Zoning

The existing zoning for the site is R4 - Residential Fourth Density Zone in the former City of Nepean Zoning By-law, which permits detached or semi-detached dwellings on each lot. The Comprehensive Zoning By-law indicates the property is zoned R2M - Residential Second Density Zone, which permits detached or semi-detached buildings.

Proposed Zoning

The proposed zoning would amend both By-laws to create an exception to permit a day nursery or day care in addition to the existing residential uses.

DISCUSSION

Official Plan

The Official Plan designates the site as General Urban Area. This designation permits the development of a full range of housing types in combination with conveniently located community services, commercial and institutional uses to facilitate the creation of a complete and sustainable community.

The subject site and surround properties are currently residential. The proposal is to retain the existing building and maintain the character of the site in relation to the surrounding houses. The proposed day nursery will address the local demand for preschools and conforms to the Official Plan polices for General Rural Area and liveable communities.

Details of Proposed Zoning

The application was made to add the day nursery/day care use to the residential zones so that if the demand for this service declined the building could be converted back to a residence. Adding this exception will not create an opportunity for a future commerical use to be established without another amendment to the By-law.

Many of the neighbours have indicated that they would not support the application to permit a day nursery at this site. Most are concerned with the noise of the children when playing outside and others are concerned with the traffic that will be generated when children are dropped off and picked up in the morning and evening.

The property does abut the rear yards of eight properties: one to the north; three across the rear to the west; and four along the south side. There is a six foot high privacy fence around the backyard and a large hedge along the side yard to the south. Depending on how the day nursery is operated, the time that the children will be outside is limited. That said, the sound of children playing is not an unaceptable noise for a residential neighbourhood.

The applicant has provided the City with a Traffic Study which indicates that Jockvale Road can accommodate the additional traffic from the proposed day care without any forseen delays. The report also provides a proposed layout of how the driveway could be modified to accommodate extra parking and a one-way loop to facilate the drop off and pick up of children safely. One of the advantages of this site is that it does not share a common street with the residences around it. This will limit the impact on the neighbouring residents as none of the traffic will be on local streets.

This property is not serviced by public water and sewer services. The applicant has had plans to update the septic system approved by the Ottawa Septic Office. The well has been tested and the results indicated that the water is safe. These modifications and other improvements have been made to accommodate the day nursery use.

Staff recommend that the Zoning By-law amendment be approved, as the request is consistent with the policies 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. Details of the consultation can be seen in Document 3.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Details of Recommended Zoning

Document 3 Consultation Details

DISPOSITION

City Clerk’s Branch, Council and Committee Services to notify the owner, Alison and Jason Ryan, 33 Ettrick Crescent, Ottawa, ON K2J 1E9, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.

Planning, Transit and the Environment Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

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

LOCATION MAP DOCUMENT 1

DETAILS OF RECOMMENDED ZONING DOCUMENT 2

The lands shown on Document 1 are rezoned as follows:

By-law 2008-250 – from R2M to R2M[1562]

By-law 100-2000 – from R4 to R4 Block xxx

Proposed Changes to the Comprehensive Zoning By-law

Column II, of Section 239-Urban Exceptions is amended by adding “R2M[1562].

Proposed Changes to By-law 100-2000

Add a new exception to clause to 6:4:3 for the property at 2900 Jockvale Road:

Block xxx In addition to the permitted uses specified in Section 6:4:1, a day care is also permitted on the land zoned R4 Block xxx.

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.

SUMMARY OF PUBLIC INPUT

Many concerns have been received from the neighbours through email and phone calls since the application was circulated. In the past, the Owner has stored landscaping equipment and snow plows on the site and it has been asked if this would continue. Most are concerned with the noise from the children playing in the backyard. Six houses share a common fence with the backyard of the site and they feel that this will have a detrimental effect on their privacy and enjoyment of their yards. Traffic generated by parents dropping off and picking up youngsters also concerns neighbours. Safety of the children getting in and out of cars on a busy street and the protential for crime around this building after the hours of operation where also raised.

Staff Response

The owner of the property will be leasing the building to the operator of a Montessori School. It is not expected that the School would agree through their lease to accept equipment store on the property. There are many day nurseries throughout the city. Many operate within residential areas. The number of noise complaints generated over the year would not indicate that noise is an issue. The applicant was required to provide the City with a traffic study. The conclusion was that Jockvale Road can accommodate the additional traffic to the site. The study also proposed modification to the front yard and driveway to provide eight parking spaces and a drop off loop for parents and staff. The parking and loop will ensure that children will not need to be dropped off at the curbside of Jockvale Road. CPTED (Crime Prevention Through Environmental Design) principles would encourage the operator of the day nursery to keep the building visable from the street and secure the back yard with a high fence. Lighting should be only at the front of the building. The rear yard should remain unlit so as not to encourage trespassing after dark.

ZONING - 2900 JOCKVALE ROAD

ZONAGE - 2900 CHEMIN JOCKVALE

ACS2008-PTE-PLA-0201 Barrhaven (3)

(This application is subject to Bill 51)

The following email correspondence was received and is held on file with the City Clerk:

· Louise Desforges and Andrew Moroz (September 22 and 21, 2008)

· Susan Pope (September 22, 2008)

· Tom and Brenda Doran (September 19, 2008)

· Pat Hanlan (September 18, 2008)

Susan Pope, an adjacent property owner, summarized concerns listed in her email, which is held on file with the City Clerk. The main points were as follows:

· This area has been an established residential neighbourhood for the past 20 years.

· The community members feel that the proposed rezoning would have a negative impact on their lives and affect property values.

· The building is not large enough to house a school; in particular, the play area is not large enough to accommodate play for 20-30 children.

· The level of noise and traffic will not be acceptable to adjacent properties, which have small backyards.

· The proposal will not benefit the community, as much as the owner. There are already three schools with daycare in the vicinity.

In reply to questions from members, Ms. Pope reiterated noise generated by the children is the main concern. She acknowledged that fixing the fence could help. Ms. Pope also sought some clarification on the operation of the school, noting this type of school costs parents $5000 to $10,000 per year. Ms. Hope confirmed children do play in the area, but it is not the same as a large grouping of children in a very small space for a concentrated amount of time.

In reply to questions from Councillor Qadri, Steve Belan, Planner II, said the lots backing on to the subject property have approximately 30-foot frontages and 100-foot depths. Homes are situated closer to the front of the lot, leaving 30 to 40 feet in the rear yards. Staff stated that the owner is looking for a tenant to operate the daycare business; however, one of the interested parties currently runs daycare weekdays from 7:30 a.m. to 6 p.m., including pick up and drop off.

Councillor Monette addressed the issue of fencing. Mr. Belan confirmed the existence of a six-foot privacy fence at the rear. It is some state of repair but functions well. Under the Day Nurseries Act, the owner must provide a four-foot high locked fence to secure children.

Danny Page, Manager of Development Approvals East/South, stated that site plan control is not required for the conversion of the building, as it will require less than 10 parking spaces. In the absence of a site plan, fencing is not a condition the City can impose; however, it is required through the Day Nurseries Act. Chain link fencing is permissible under the Act.

Alison Ryan, applicant, explained that discussions are on-going with an existing Montessori school with the hope of having an established daycare operate out of this location. She touched on the growing need for daycare services as Barrhaven expands as evidenced by long waiting lists for spaces. Currently, there is only one other residential house on the west side of Jockvale Road with a varierty of existing commercial operations and institutional uses. She confirmed a safe, one-way, u-shaped drive will be introduced upon approval to facilitate easy drop off and pick up of daycare children. The children’s play area would be completely fenced. She suggested a refreshed daycare house on a large property would have excellent curb appeal that would impact positively on the neighbourhood.

In addressing some of the concerns raised by neighbours, Ms. Ryan stated that Montessori schools/daycares are educational institutes with toddler, pre-school and kindergarten programs. They are governed by the Day Nurseries Act and children are expected to play outdoors for no more than two hours per day, weather permitting. Typically a Montessori daycare operates from 7:30 a.m. to 6 p.m., and it is common practice to have the children outdoors for one hour each morning and afternoon. A traffic survey was completed by an independent firm and the results concluded that the entrance to the property would have a u-shape drive and the existing driveway will be re-arranged to accommodate a sufficient number of parking stalls to coordinate with the movement of traffic patterns. The survey also noted that additional pedestrian movements resulting from a daycare would have little if any affect on the activity within the study area. She also countered concerns with regard to storage of equipment and exterior lighting. Ms. Ryan also highlighted her family’s very strong ties to the community.

In response to a question from Councillor Harder, Mr. Belan confirmed the site retains its residential zoning with the additional use in the event the daycare ceases operation.

Councillor Harder noted it would be the easy thing to do to oppose the application; nevertheless, she spoke of its merits. She noted that five Montessori schools are located within malls in Barrhaven. She also reiterated that Jockvale Road will be extended and the proposed use is needed and appropriate for the site. She presented a motion to implement the recommendations of the traffic study, with which the applicant concurred.

In response to questions from Councillor Desroches, Mr. Belan confirmed the property could not be severed and the traffic study did not show any impacts.

Councillor Desroches spoke in support of the application, touching on Barrhaven as a family-friendly community and the need for additional daycare spaces.

Councillor Hunter stated that in his experience the concerns raised at the introduction of such a use outnumber those received once the facility is in operation. He acknowledged the concerns raised by adjacent residents but indicated he would support the proposal.

Moved by J. Harder:

WHEREAS the Official Plan designates the site as General Urban Area; and

WHEREAS the proposal is to retain the existing building and maintain the character of the site in relation to the surrounding houses; and

WHEREAS neighbours have indicated that they are concerned with the traffic that will be generated when children are dropped off and picked up in the morning and evening; and

WHEREAS one of the advantages of the site is that it does not share a common street with the residences around it, which will limit the impact on the neighbouring residents as none of the traffic will be on local streets;

THEREFORE BE IT RESOLVED THAT the application be approved provided that:

1. The applicant modifies the driveway to accommodate extra parking and creation of a one-way loop to facilitate the drop off and pick up of children safely, as recommended in the traffic study report; and

2. Prior to the enactment of the by-law, securities be provided to the City and a letter of agreement be signed to ensure this work is performed.

CARRIED

That the Planning and Environment Committee recommend Council:

1. Approve an amendment to the Zoning By-law 2008-250 to change the zoning of 2900 Jockvale Road from R2M Residential Second Density Zone to R2M [1562] Residential Second Density Zone, Exception [1562], as detailed in Document 2, subject to the conditions listed below;

2. Approve an amendment to the former City of Nepean Zoning By-law to change the zoning of 2900 Jockvale Road from R4 Residential Fourth Density Zone to R4 Block XXX, Residential Fourth Density Zone Block XXX as detailed in Document 2, subject to the following:

a. The applicant modifies the driveway to accommodate extra parking and the creation of a one-way loop to facilitate the drop off and pick up of children safely, as recommended in the traffic report; and

b. Prior to the enactment of the by-law, securities be provided to the City and a letter of agreement be signed to ensure the work is performed.

CARRIED as amended