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2. ZONING - 2305 PAGÉ ROAD ZONAGE - 2305, CHEMIN PAGÉ |
Committee recommendation
That Council approve an amendment
to the Zoning By law 2008 250 to change the zoning of a part of 2305 Pagé Road
from Local Commercial Zone Subzone 6 (LC6) to Local Commercial Zone Subzone 6 -
Exception [XXXX] (LC6[XXXX]) and a part of 2305 Page Road from Residential
First Density Zone Subzone WW (R1WW) to Residential Fourth Density Zone Subzone
V - Exception [XXXX] (R4V[XXXX]), as shown in Document 1 and detailed in Document 2.
Recommandation DU Comité
Que le Conseil approuve une modification
au Règlement de zonage no 2008-250 visant à changer le zonage d’une
partie du 2305, chemin Pagé, de Zone de commerces locaux, Sous-zone 6 (LC6) à
Zone de commerces locaux, Sous-zone 6,avec exception [XXXX] (LC6[XXXX]), et une
partie du 2305, chemin Page, de Zone résidentielle de densité 1, Sous-zone WW
(R1WW) à Zone résidentielle de densité 4, Sous-zone V, avec exception [XXXX]
(R4V[XXXX]), comme le montre le document 1 et l’explique le document 2.
Documentation
1.
Deputy
City Manager’s report, Infrastructure Services and Community Sustainability
dated 12 June 2009 (ACS2009-ICS-PGM-0132).
2. Extract
of Draft Minutes, 25 August 2009.
Report to/Rapport au :
Planning
and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
12 June 2009 /
le 12 juin 2009
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
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SUBJECT: |
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OBJET : |
ZONAGE - 2305, CHEMIN PAGÉ
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REPORT RECOMMENDATION
That the recommend Council approve an amendment to the Zoning By law 2008 250 to change the zoning of a part of 2305 Pagé Road from Local Commercial Zone Subzone 6 (LC6) to Local Commercial Zone Subzone 6 - Exception [XXXX] (LC6[XXXX]) and a part of 2305 Page Road from Residential First Density Zone Subzone WW (R1WW) to Residential Fourth Density Zone Subzone V - Exception [XXXX] (R4V[XXXX]), as shown in Document 1 and detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l'urbanisme et de l'environnement
recommande au Conseil d’approuver une modification au Règlement de zonage no
2008-250 visant à changer le zonage d’une partie du 2305, chemin Pagé, de Zone
de commerces locaux, Sous-zone 6 (LC6) à Zone de commerces locaux, Sous-zone
6,avec exception [XXXX] (LC6[XXXX]), et une partie du 2305, chemin Page, de
Zone résidentielle de densité 1, Sous-zone WW (R1WW) à Zone résidentielle de densité
4, Sous-zone V, avec exception [XXXX] (R4V[XXXX]), comme le montre le document
1 et l’explique le document 2.
BACKGROUND
This application affects 2305 Page Road. The 1.36-hectare subject land is located on the southeast corner of Page Road and Innes Road. The vacant land has approximately 54 metres of lot width along Innes Road and 202 metres along Page Road. The Orleans Industrial Park, an existing driving range, and an existing State Farm Insurance office are to the east. To the north, across Innes Road is an existing commercial use (strip plaza and Ultramar gas station). To the west and south of the site are existing single detached homes.
Purpose
of Zoning Amendment
The Zoning Amendment application proposes to rezone the northern 0.90-hectare commercially zoned land, Local Commercial Zone Subzone 6, shown as Part 1 in Document 1, to “Local Commercial Zone Subzone 6 – Exception X” under the Zoning By-law, in order to add a conditional use: car wash. This use will be conditional upon a gas bar and convenience store being developed as the permitted main uses.
The application further proposes to rezone the southern 0.46 hectares of land, which is currently residentially zoned, “Residential First Density Zone Subzone WW” and also shown as Part 2 in Document 1, to a “Residential Fourth Density Zone Subzone V - Exception [XXXX]”. This rezoning will allow the development of a planned unit development for 36 residential apartment or condo units in three, 2½-storey apartment buildings - two fronting on Page Road, and the third located in the northeast corner of Part 2.
Part 1 in
Document 1, also known as the northerly 0.90-hectare of land at 2305 Page Road,
is zoned “Local Commercial Zone Subzone 6” (LC6). The existing LC6 zone currently permits: community gardens,
community health and resource centre, convenience store, day care, drive
through facility, gas bar, library, medical facility, municipal service centre,
office, personal service business, place of worship, restaurant, retail food
store, retail store, and/or school and/or apartment dwelling, low rise,
dwelling unit, group home, multiple attached dwelling, planned unit
development, retirement home, stacked dwelling and a shelter. This Zoning Amendment is seeking to add a
car wash, as a conditional use, to the aforementioned list.
Part 2 in Document 1, also known as the southerly 0.46 hectare of land at 2305 Page Road, is zoned “Residential First Density Zone Subzone WW” (R1WW). The Residential First Density Zone restricts the building form to detached dwelling and in this particular subzone permits a community garden, diplomatic mission, group home, park and/or a single detached building on a minimum lot area of 450 square metres and lot width of nine metres. This Zoning Amendment is seeking to permit other building forms, ranging from detached to low-rise apartment dwellings.
DISCUSSION
The subject land is designated “General Urban Area” in the Official Plan. This designation promotes the development of a full range and choice of housing types to meet the needs of all ages, incomes and life circumstances, in combination with conveniently located employment, service, cultural, leisure, entertainment, and institutional uses. It further promotes mixed-use communities that are diverse and adaptable to changing needs. The policies of the Official Plan support both the commercial and residential proposal. The Zoning By-law Amendment will introduce an additional commercial use, conditional to a gas bar and convenience store, at the intersection of Innes Road and Page Road, as well as an intensification in residential density further south on the same site. The addition of a local commercial use – a car wash - conditional to a gas bar and convenience store, will provide greater variety in terms of the permitted use for the landowner and the potential for greater variety within the neighbourhood. The residential component is an infill development that will provide intensification on existing municipal infrastructure, adjacent to lands zoned Light Industrial. The residential development will provide greater diversity in the existing homogenous low-density housing stock of the overall neighbourhood to offer more choices appropriate for a wider population. The end result is an increased potential to create a more walkable community and further serve the policies to create mixed-use communities, diverse and adaptable to changing needs.
The zoning being proposed for the commercial part, identified as Part 1 in Document 1, is considered appropriate, as the car wash is an additional appropriate conditional use - complementary to a gas bar and convenience store, uses already permitted within the existing local commercial zone. This site is at the intersection of Innes Road and Page Road – an existing arterial and existing collector, respectively – and is of an adequate size to accommodate all of the three aforementioned uses on one site without causing a negative impact on the adjacent low-density residential neighbourhood. Limits on the maximum gross floor area per each use have already been established into the current zone provisions.
A concept plan, identified in Document 3, has been provided to illustrate how the site could be developed with a car wash, should a developer wish to pursue a gas bar/convenience store/car wash proposal. The car wash, based on the illustrative concept plan, is to be located in the northeast portion of the site which abuts lands designated “Employment” in the Official Plan, thereby maximizing the opportunity for land use compatibility. A car wash use is consistent in character with other commercial uses along Innes Road and is to abut lands zoned Light Industrial. As shown on the concept plan, the exit from the car wash has been oriented to Innes Road to reduce noise impact on residences on the east side of Page Road and to the south of the site. Any residential uses along the north side of Page Road will also not be affected by noise from a potential car wash.
Prior to any development proceeding, the future developer will be required to submit an application for Site Plan Control approval. At the time of Site Plan Control, more detailed reports and plans will be comprehensively reviewed. This rezoning will permit the proposed commercial use within the existing setbacks of the proposed zone - setbacks considered adequate as the proposed car wash will be abutting an arterial road and lands designated “Employment”. Even though the current landowners are requesting for this use to be added as a conditional use to a gas bar and convenience store, a future developer may wish to develop this commercial portion of the subject site without a car wash. The current landowners wish to have the option available should a potential buyer/lessee choose a gas bar/convenience store/car wash development.
The zoning being proposed for the southern 0.46 hectares of the subject land is residential – medium density. This zoning is considered appropriate as the location for the proposed three two and one-half storey apartments. The subject site is directly south of the commercial zone and across a collector road – Page Road - from existing single detached residential uses, and directly north of other existing residential single detached uses. The proposed setbacks, shown on the concept plan in Document 4, for the proposed residential apartment complex and along Page Road will serve as a buffer for the existing single-detached residential uses. This medium density residential rezoning is at the boundary of the General Urban Area and Employment Area designations. This is a suitable location for a transitional development of medium density residential development. This part of the Zoning By-law Amendment will fulfill the residential infill objectives within the urban area, on existing municipal services. This will provide compatible residential intensification at the border of a low-density residential area and lands designated Employment Lands (zoned Light Industrial) and provide a buffer between the existing low density residential uses, the proposed commercial site, and the existing golf driving range to the east.
There has been opposition from the public to permit a car wash, as a conditional use - to the already permitted gas bar and convenience store uses - and to introduce a higher residential density than what is currently permitted. The residents prefer the existing residential zone which permits only single detached residential dwellings. Instead approximately 100 people signed a petition stating that the proposal is not consistent with the low-density residential nature of Chapel Hill South and, if approved, would bring more traffic onto Page Road, a two-lane road, and introduce planning inconsistencies. The main concerns identified by the public are further discussed in Document 5.
An amendment introducing a car wash as an additional conditional use to the commercial portion of the site and the introduction of three, 2½-storey apartments (with 36 units in total) will not cause further traffic that will congest and exacerbate the existing level of service experienced at the intersection of Page Road and Innes Road.
At the public’s request, signal timing at the intersection has been reviewed to consider giving more time to Page Road’s northbound travelling lane. Due to the heavy traffic experienced on Innes Road during the peak hours and the intersection reconstruction, as per the lane geometry identified in the Environmental Assessment (EA), that took place within the last three years, it has been determined that the signal timing will remain at its current standard on Page Road. A Traffic Brief was submitted with this proposal, and based on the assumption that if this proposal were a 57-unit residential planned unit development with a gas station/convenience store/car wash development, this proposal for the PM peak hour - busiest hour - would have been 21 vehicles in the northbound direction. This translates into one new vehicle every three minutes and does not warrant intersection improvements.
Traffic, however, will be generated from further south, when the proposed Eden Park lands south of the Hydro Corridor, are developed. However the City has already accounted for this increase in traffic and has therefore planned to close off Page Road to through traffic further south at the Hydro Corridor, once the Cumberland Transitway is constructed, thereby eliminating a large percentage of predicted northbound traffic. The Environmental Assessment of the Cumberland Transitway is underway from Blair Station to Navan Road, with construction slated to begin in 2012, pending budget approval.
A Noise Study was submitted which concluded that the sounds generated by the car wash dryer fans would not generate a noise impact at the existing or future residences in the vicinity of the proposed development. Minor stipulations to the timing of the car wash dryers and entrance have been further recommended to limit potential noise impacts for the future residents to the south of the car wash. The potential of noise generation due to a car wash operation is considered negligible as the location of the car wash has been offset to the northeast corner of the site, adjacent to Innes Road, an arterial road, and lands designated “Employment”, thus maximizing the opportunity for land use compatibility. As shown on the concept plan the exit from the car wash has been oriented to Innes Road to limit noise impact on residences on the west side of Page Road and to the south of the site.
There are no potential servicing issues foreseen due to the car wash and planned unit development for 36 residential apartment units.
In summary, from a traffic, noise, and servicing perspective, no adverse impacts are foreseen by this rezoning at the border of the existing low-density residential neighbourhood.
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 public consultation can be seen in Document 5.
LEGAL/RISK MANAGEMENT IMPLICATIONS
If the recommended zoning by-law is adopted and appealed to the Ontario
Municipal Board, the hearing length would be estimated to be two to three days
and external witnesses would not need to be retained. If the amendment is to be refused, reasons will have to be
provided. The hearing would likely be
three to four days depending on the issues that are identified. If the reasons for the refusal are of a
planning nature only, the estimated cost for a planner would be $20,000 to
$25,000. If transportation issues are
identified, the cost would be an additional $30,000 to $40,000.
APPLICATION PROCESS TIMELINE STATUS
The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the complexity of the issues associated with the community opposition.
FINANCIAL IMPLICATIONS
N/A
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Concept Plan for
Commercial Part (Part 1)
Document 4 Concept Plan for Residential Part (Part 2)
Document 5 Consultation
Details
DISPOSITION
City Clerk and Legal Service Branch, Legislative Services to notify the owner, Jacqueline Locke, 1803 St. Joseph Boulevard, Ottawa ON K1C 6E7, applicant, D.G. Belfie Planning & Consulting Development Ltd., 21 Pinecone Tr., Stittsville ON K2S 1E1, 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 City of Ottawa Zoning By-law 2008-250
The northerly 0.90-hectare of the property known municipally as 2305 Page Road, shown as Area A on Document 1, is to be rezoned from “Local Commercial Zone Subzone 6” (LC6) to “Local Commercial Zone Subzone 6 – Exception [XXXX] (LC6[XXXX]), and the new exception will add a car wash as an additionally permitted land use but only when located on the same lot as a gas bar and convenience store.
The southern residentially zoned “Residential First Density Zone Subzone WW” (R1WW), part of the property known municipally as 2305 Page Road, shown as Area B on Document 1, is to be rezoned to “Residential Fourth Density Zone Subzone V – Exception [XXXX]” (R4V[XXXX]). The new exception to the “Residential Fourth Density Zone Subzone V” will contain provisions for a minimum required three-metre side yard setback from the north-westerly facing lot line, and a minimum required five-metre side yard setback from the south-easterly facing lot line.
CONCEPT
PLAN FOR COMMERCIAL PART (PART 1) DOCUMENT 3
CONCEPT PLAN FOR RESIDENTIAL PART (PART 1) DOCUMENT 4
CONSULTATION DETAILS DOCUMENT
5
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.
PUBLIC COMMENTS
Two public meetings were held in the community. One was held on February 12, 2008 and a second meeting was held on May 21, 2009, following revisions to the original application. Approximately 33 members of the public were present to listen and voice concerns related to the Zoning By-law Amendment proposal.
SUMMARY OF PUBLIC INPUT
The bulk of the concerns identified by e-mail, a petition (approximately 100 signatures), and from the public meeting can be summarized as follows:
- The northern part of the subject land should not permit a gas station or car wash as there are several other gas stations and car washes within the vicinity.
Staff Response:
The current zoning for the site permits a gas station and convenience store. This Zoning By-law Amendment examines whether or not a car wash is an appropriate conditional use on a site that already permits a gas station and convenience store. Furthermore, the City cannot dictate which of the permitted main uses will be chosen by the property owner when the time to develop arrives. Staff make recommendation on any new proposed uses, that are being sought under a Zoning By-law Amendment, and whether the use fulfills the Official Plan’s policies and/or are to have an adverse effect on the surrounding community, in terms of impacts to public health and safety. Adding a commercial use such as a car wash to a site which already permits several local commercial uses, and is along an arterial road, on the border of lands designated “Employment” under the Official Plan is considered to have no adverse effect on the overall neighbourhood.
- Permitting a gas station at the current location, with an associated convenience store and car wash will create a conflict spot for traffic travelling north on Page Road, towards Innes Road. Page Road currently only has one travelling lane per direction. Traffic travelling north have a longer than usual wait time at the intersection of Innes Road before right-turning traffic is allowed to take a right, drive straight or turn left – due to one lane serving all three directions. The commercial site may have to deal with cut-through northbound right-turning traffic in such an event.
Staff Response:
These issues will be revisited at time of Site Plan Control. However, as mentioned in the main body of the report, the Traffic Brief for the commercial component and for the residential planned unit development – which pre-supposes a gas station/convenience store/car wash and 57-unit residential development (planned unit development) - determined that the overall proposal will introduce approximately one vehicle every three minutes to the northbound travel lane at Page Road. Note that the Traffic Brief conclusion is based on an introduction of a higher number of residential units. This does not warrant further intersection improvements and the applicant will address how to address cut-through traffic at the time of Site Plan Control.
- Permitting a zone for apartments of up to 36 residential units on-site will cause stacking along the one-lane northbound traffic and a longer wait period for existing residents wishing to cross Innes.
Staff Response:
Based on the traffic studies for both sites, the estimated number of vehicle leaving during the peak period will not cause a longer wait time or interruption in existing northbound traffic flow on Page Road. Furthermore, a traffic light is not warranted at Buttonfield Place and Page Road due to the proposed residential development and commercial development. The current Level of Service at the intersection of Innes Road and Page Road is level “B”, which is very good. A Level of Service (LOS) is determined by the worst wait time experienced at the intersection. In this case, the worst wait time experienced is categorized “Very Good” and is currently determined by the northbound right-turning traffic.
- There is the potential that visitors to the apartment complex will resort to parking on Page Road and this may exacerbate the existing problem with sight lines being reduced at the proposed T-section. The width of Page Road is not wide enough to accommodate on-street parking.
Staff Response:
On-street parking is not permitted on Page Road. Accommodation has been made on-site, based on the conceptual plan submitted, for seven visitors parking spaces, all appropriately situated within the residential complex.
- Many who currently use Page Road speed and cause a safety concern for the existing residential community. Once the apartment complex and commercial site are developed, this will exacerbate the existing problem.
Staff Response:
The maximum posted speed limit of 40 km/hour exists for this segment
of road. The introduction of a
residential development and commercial use will not exacerbate the perception
to speed. There is a probability that the perception
to speed on Page Road, over the posted speed limit, will change as the
probability of encountering more traffic will increase. Currently, this segment of Page Road is
flanked on the east side by an open field and vacant lands which gives a
perception to drivers that the road is unobstructed and free of danger due to
open sight lines. However, as soon as
new development is constructed and the buildings are placed close to the
street, the inclination to speed may decrease.
- The proposed development will introduce a higher volume of usage along this segment of Page Road, which will thereby cause a further reduction of safety for children who are walking or playing unattended in the neighbourhood.
Staff Response:
Page Road is a street and is utilized as a means for the movement of vehicles. As Page Road has a posted speed limit of 40 km/hour, the users of this road are expected to drive at a speed that is conducive and safe for walkable-pedestrian oriented communities. Furthermore, at the time of Site Plan Control, the City will be requiring the construction of sidewalks, adjacent to its site, in order to address safety concerns of the public and meet the Official Plan’s objectives to achieve a more ‘walkable’ community.
- Due to the long wait time period for northbound traffic at the intersection of Page Road and Innes Road, existing residents take short cuts through the existing residential subdivision’s main collector – Buttonfield Place and Silverbirch Street. With an increase in residential density and an increase of people using the proposed gas station’s facilities, the likelihood of cut-through traffic through Buttonfield Place and Silverbirch Street will increase.
Staff Response:
The likelihood of an increase in cut-through traffic through Buttonfield Place and Silverbirch Street is very remote. There is to no anticipated increase in the amount of cut-through traffic due to increasing the residential density along the southern part of this site and introducing a car wash as a permitted use.
- The location of the potential access on Page Road for the commercial site will fall directly in line with the windows of the existing residential single detached uses. Headlight disturbance and glare will create an undesirable impact on the existing residential uses.
Staff Response:
Any adverse effects due to the location of the potential access of the gas station will be reviewed at time of Site Plan Control.
- The pre-dominant type of housing within Chapel Hill is single-family housing. A zoning amendment that introduces apartments is incompatible with the existing and pre-dominant housing type. Directly south of the site are single-family homes.
Staff Response:
The location of the residential apartment complex is believed to be an appropriate location as the site abuts lands designated Employment Lands and zoned Light Industrial. This will provide residential intensification at the border of a pre-dominantly single-detached residential area and lands that will be developed in the future as light industrial lands.
- The apartment complex will introduce tenants into a residential community that primarily consists of owner-occupied housing stock. This type of mix will reduce the assessed value of the existing single-detached residential houses.
Staff Response:
Demonstrating loss of property value as a result of any development,
including tenant-occupied housing stock, has not been substantiated.
- Many residents believe that there is insufficient water pressure in the area for existing homes. Will the proposed 36 apartment units plus a car wash cause a further reduction in pressure for the existing residences within the area of 2305 Page Road? Furthermore, will the existing storm drains and sewer pipe handle the waste and water from all these units and commercial land?
Staff Response:
Based on the
engineering reports and plans submitted and the City’s own records, it has been
determined that there is adequate City infrastructure and capacity to
accommodate the proposed development without adversely affecting the current
level of quality experienced by existing residents.
- The landowner does not know if the residential planned unit development is going to be owner-occupied or rental. What guarantee do the residents have after approval is granted that the property will not be sold to a developer and become slum apartments?
Staff Response:
The City does not control who can or cannot buy private property throughout the City of Ottawa. The market strictly dictates this aspect of property ownership/occupancy. The Planning Act does not allow a municipality to zone based on tenure.
- The proposed commercial and residential development will increase the noise and pollution levels of the neighbourhood.
Staff Response:
The introduction of a car wash and three, 2½-storey apartments will not alter the noise levels of the area or breach the capacity of the existing infrastructure for the area. Air quality will also not be altered.
- When polled at the May 21, 2009 public meeting, the majority of residents wanted Page Road to remain as a residential single-family homes dominated area/zone. The problem with rezoning is that there is no guarantee what will be built in the Residential Fourth Density Zone, once the Zoning Amendment has been approved.
Staff Response:
Under
the Residential Fourth Density Zone, the following main uses will be permitted:
apartment dwelling, low rise; bed and breakfast (a maximum of three guest
bedrooms per bed and breakfast); community garden; single detached dwelling;
duplex dwelling; group home (a maximum of 10 residents in a group home); linked
detached dwelling; multiple attached dwelling; park; planned unit development;
retirement home; semi-detached dwelling; stacked dwelling; three-unit dwelling;
diplomatic mission; rooming house; and, planned unit development.