3. ZONING - 3817, 3835 AND 3843 INNES ROAD

ZONage - 3817, 3835 et 3843 chemin innes

Committee recommendation

(This matter is subject to Bill 51)

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3817, 3835 and 3843 Innes Road from R2N - Residential Second Density Zone, Subzone N to R4Z - Residential Fourth Density Zone, Subzone Z as detailed in Document 2 and as shown in Document 1.

Recommandation DU Comité

(Cette question est assujettie au Règlement 51)

Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage des 3817, 3835 et 3843, chemin Innes de R2N – Zone résidentielle de densité 2, sous-zone N, à R4Z – Zone résidentielle de densité 4, sous-zone Z comme il est expliqué en détail dans le Document 2 et montré dans le Document 1.

Documentation

1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 17 November 2009 (ACS2009-ICS-PGM-0216).

2. Extract of Draft Minutes, 8 December 2009.

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

17 November 2009 / le 17 novembre 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

Innes (2)

Ref N°: ACS2009-ICS-PGM-0216

SUBJECT:

ZONING - 3817, 3835 AND 3843 INNES ROAD - FILE NO. D02-02-09-0062

OBJET :

ZONAGE - 3817, 3835 et 3843, chemin innes

REPORT RECOMMENDATION

That the Planning and Environment Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3817, 3835 and 3843 Innes Road from R2N - Residential Second Density Zone, Subzone N to R4Z - Residential Fourth Density Zone, Subzone Z as detailed in Document 2 and as shown in Document 1.

RECOMMANDATION DU RAPPORT

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage des 3817, 3835 et 3843, chemin Innes de R2N – Zone résidentielle de densité 2, sous-zone N, à R4Z – Zone résidentielle de densité 4, sous-zone Z comme il est expliqué en détail dans le Document 2 et montré dans le Document 1.

BACKGROUND

The municipal addresses for the subject site are 3817, 3835 and 3843 Innes Road. The subject site is approximately 7000 square metres in area with 120 metres of frontage. It is located on the north side of Innes Road, west of Belcourt Boulevard. The site currently contains two triplexes and two detached dwellings with associated parking. It is proposed that all of the existing buildings are to be demolished and the three properties are to be consolidated under one municipal address. Directly north and west of the site, there are low-density, single-family residential uses that exist on internal streets, approved under previous plans of subdivision. Directly east of the site, there is an existing gas station. Southeast of the subject site, on the opposite side of Innes Road, a water tower and Wal-Mart Supercentre exist.

Purpose of Zoning Amendment

The purpose of the requested amendment to the Zoning By-law is to rezone the subject property from the R2N, Residential Second Density Zone, Subzone N to the R4Z, Residential Fourth Density Zone, Subzone Z. The proposed amendment will permit the construction of a four‑storey, 80-unit apartment building.

DISCUSSION

Official Plan

According to the Official Plan the subject land is designated “General Urban Area”. 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 primary land use in this designation is intended to be residential; however other ancillary commercial and institutional uses may also be permitted, subject to criteria.

The policies of the Official Plan support the proposal as it is an urban infill occurring within the Urban Area on existing municipal services. It diversifies the housing stock within the community to accommodate the changing needs of a community.

Existing Zoning

The subject property is currently zoned R2N – Residential, Second Density Zone, Subzone N. Uses permitted in the R2N Zone include a Bed and Breakfast, Community Garden, a Detached Dwelling, a Diplomatic Mission, a Duplex Dwelling, a Group Home, a Home-Based Business, a Home-Based Daycare, a Linked Detached Dwelling, a Park, a Converted Retirement Home, a Secondary Dwelling Unit, and a Semi-Detached Dwelling. This zoning permits a Detached Dwelling, a Linked Detached Dwelling, a Semi-Detached Dwelling and a Duplex Dwelling on a minimum lot area of 270 square metres and a minimum lot width of nine metres. The intent of the R2N Zone is to restrict the building form to detached and two principal unit buildings and permit ancillary uses to the principal residential use(s) to allow residents to work at home, as well as regulate development in a manner compatible with existing land use patterns so that the residential detached and two principle dwelling character of a neighbourhood is maintained or enhanced.

Proposed Zoning

The zoning being proposed for the lands is a R4Z zone – Residential, Fourth Density, Subzone Z to permit a low-rise, four-storey Apartment Dwelling with 80 units. Uses permitted in an R4Z zone are a Low-Rise Apartment Dwelling, a Bed and Breakfast, a Community Garden, a Converted Dwelling, a Detached Dwelling, a Diplomatic Mission, a Duplex Dwelling, a Group Home, a Home-Based Business, a Home-Based Daycare, a Linked Detached Dwelling, a Multiple Attached Dwelling, a Park, a Planned Unit Development, a Converted Retirement Home, a Retirement Home, a Converted Rooming House, a Rooming House, a Secondary Dwelling Unit, a Semi-Detached Dwelling, a Stacked Dwelling, and a Three-Unit Dwelling. A low-rise Apartment Dwelling is permitted on a minimum lot area of 450 square metres, with a minimum lot width of 18 metres and a maximum height of 15 metres. The intent of the R4Z zone is to allow a potential for a higher density, with a wide mix of residential building forms ranging from detached to low rise apartment dwellings, that in no case are to be more than four storeys. The intent of the zone is also to allow a number of other residential uses, as well as to provide additional housing choices, and permit ancillary uses to the principal residential use for residents to work from home.

The lands currently contain two triplexes and two detached dwellings and front onto an urban arterial – Innes Road. The dominant use and character along Innes Road have been changing at a rapid pace over the past few years and what was once a rural landscape is being converted into a commercial corridor. The subject site is on the north side of Innes Road, directly west of a gas station and Belcourt Boulevard, and adjacent to existing and proposed retail centres, banks, restaurants, offices, a health and fitness store, a cinema complex, and industrial uses, all of which are located to the south, across Innes Road, along the Arterial Mainstreet designation, within the Employment Area designation of the Official Plan and within Orleans Industrial Park. The subject site is also south and east of existing residential uses.

This subject site has adequate area, lot width and lot depth to provide a low-rise apartment building that fulfills the R4Z’s provisions and intent for increased density. Adequate infrastructure capacity exists for both water and sewer services to accommodate an 80-unit, low-rise apartment building. The site is also well situated to support the existing and potential activity of the commercial corridor. It is located adjacent to a bus stop that provides a rapid bus service to downtown. Accordingly, the Owners have decided to submit a request to amend the Zoning By-law that will be able to maximize on the urban infill and intensification potential of the lands.

Though the dominant use and character directly north of the site as well as to the direct east, is single-detached, the lands subject to the Zoning By-law Amendment are located at the border of the single-detached neighbourhood where commercial, office and industrial uses are located along Innes Road. The proposed use promotes the Official Plan policies for residential infill and development of a full range and choice of housing types that will be adaptable to the diverse changing needs of all ages, incomes and life circumstances of the community, in proximity to conveniently located employment, service, cultural, leisure, entertainment, and institutional uses.

The proposed use and all associated parking can be accommodated on-site. Conceptual plans thus far indicate that the Owners are attempting to provide a high-quality and well-designed building that provides a setback from the low-density, single-detached dwelling lots and existing houses to provide a buffer. The Owners have demonstrated that the proposed use also will not burden the existing water, sanitary sewer or storm sewer systems serving the area.

There has been opposition to the proposed Zoning Amendment from the public. The majority of the opposition has been to the height of the proposed use and how it could affect the adjacent and abutting residential owners’ privacy and enjoyment of their private amenity areas, and the loss of sunlight exposure. There was concern expressed that the potential of 80 units or more could impact the intersection nearby, at Innes Road and Belcourt Boulevard, and increase perceived traffic problems along Innes Road and Belcourt Boulevard. Other concerns expressed were: reduced security for neighbourhood kids, reduced quality of life, noise pollution, and a depreciation of average house value west and north of the subject site.

The site is large enough to accommodate the low-rise apartment dwelling and respect all provisions of the Residential, Fourth Density Zone (R4Z). Based on the conceptual plans provided by the property owners, most of the parking will be provided underground, below the residential building, with an abundance of landscaping and vegetation on-site and in particular along the north and east boundaries of the site to provide visual screening of the neighbouring rear yards. This will help to mitigate impacts on the existing single detached character to the north and east and to allow the proposed development to blend with the commercial corridor along Innes Road.

A Sun Shadow Study was completed in support of the application. Based on the Sun Shadow Study, shadows cast by the proposed building will have limited impact on a few of the residential lots west of the subject site, until mid-morning, with no impact during the summer months. Shadows that are cast by the proposed building on the residential uses to the north will have limited impact on the rear yards during the mid-morning. The largest impact occurs at the winter solstice (December 21) when shadows will be cast onto the rear of some residences until mid-morning and starting in mid-afternoon. Throughout the rest of the winter season daylight hours, the shadow of the building will not affect sunlight exposure on the back of the existing homes.

The Department does not anticipate a noticeable increase in the noise levels due to the introduction of a low-rise apartment building. A low-rise apartment building introduces residential uses – a use that is considered sensitive – a use that does not generate noise that will be considered to be a nuisance to adjacent residential uses. The massing of the proposed building will also help mitigate any noise generated from the traffic along Innes Road.

Traffic

A Transportation Brief was submitted in support of this proposal to examine the transportation impacts of the proposed development, including capacity, site-generated traffic, on-site design, and provisions for non-auto travel modes. The Brief concluded that no roadway modifications are required to accommodate the proposed development as it can be accommodated by the local transportation network. The addition of site-generated traffic is expected to result in very marginal increases at the Innes Road/Viseneau Drive and Innes Road/Belcourt Boulevard intersections. Acceptable operating conditions are expected for all movements at the Innes Road/Belcourt Boulevard intersection.

Innes Road is identified as an Existing Arterial Road on Schedule E of the Official Plan. Innes Road is a four-lane arterial road separated by a median that extends from the Belcourt Boulevard and Innes Road intersection to the existing driveway for the property at 3843 Innes Road. There are sidewalks on the north and south side of Innes Road. The sidewalks allow for safe pedestrian movement and access to bus transit stops as well as the commercial uses to the south. There are on-road cycling routes on both sides of Innes Road.

Summary

The Zoning By-law amendment proposal for the subject site is considered appropriate in this particular case as the lands are prime lands for urban infill. This Zoning By-law amendment will fulfill a need within the community by allowing a diversified housing stock on the border of a residential area and a commercial and industrial area.

The subject land is designated “General Urban Area” in the Official Plan, which allows for this type of development. The proposal is also consistent with the intent of the Official Plan and Provincial Policy Statement in terms of intensification.

Concurrent Application

Site Plan Control File Number D07-12-09-0119

RURAL IMPLICATIONS

N/A

CONSULTATION

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.

Detailed responses to the notification/circulation are provided in Document 3.

COMMENTS BY THE WARD COUNCILLOR(S)

The Ward Councillor is aware of this application and the staff recommendation.

LEGAL/RISK MANAGEMENT IMPLICATIONS

If the recommendation is adopted and the by-law appealed to the Ontario Municipal Board, the matter could be handled within staff resources. Should the Zoning By-law amendment be refused, reasons must be provided. An outside planning witness would need to be retained at an estimated cost of $25,000 to $30,000.

CITY STRATEGIC PLAN

This Zoning By-law amendment fulfills the following City Strategic Plan objectives:

· Respect the existing urban fabric, neighbourhood form and the limits of existing hard services, so that new growth is integrated seamlessly with established communities; and,

· Promote walking, transit and cycling oriented communities within proximity to employment centres.

TECHNICAL IMPLICATIONS

N/A

FINANCIAL IMPLICATIONS

N/A

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 community opposition.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Details of Recommended Zoning

Document 3 Consultation Details

DISPOSITION

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, and 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

Properties known as 3817, 3835 and 3843 Innes Road are to be rezoned from R2N – Residential Second Density Zone, Subzone N under the current Zoning By-law to R4Z – Residential Fourth Density Zone, Subzone Z.

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. Two public meetings were also held in the community on September 3rd and September 28th, 2009.

SUMMARY OF PUBLIC INPUT

The summary of public comments include comments from the Public Notification and Public Consultation process as well as from the public information meeting held September 3 and September 28, 2009.

Prior to the Public Information Meeting, numerous comments were received from the public against the Zoning By-law Amendment. Sixteen members of the community attended the first Public Information Meeting and 11 members of the community attended the second Public Information Meeting.

The main concerns expressed through the public consultation process include:

Blasting for the foundation of a four-storey building may affect foundations of existing buildings within vicinity.

Response – Through the applicant’s geotechnical investigation for the proposed development, the applicant has identified that construction operations can be amongst the cause of vibrations and possible sources of nuisance to the community. Means to reduce the vibration levels as much as possible are to be implemented. It has been recommended as part of the study that a pre-construction survey be completed.

It is anticipated that blasting will be required as part of the construction of the proposed building. Through the Site Plan Control process, the Planning and Growth Management Department will require blasting to be carried out in accordance with the City of Ottawa Standard Specification No. F-1201 and all Ontario Provincial Standards and Specifications. Part of this requirement will include a Blasting Work Plan, which will not be limited to, all pre-blast survey information and reinstatement works. The pre-blast survey is prepared for all buildings, utilities, structures, etc. that are likely to be affected by the blast and those within 150 metres of the location where blasting may occur. A standard inspection procedure includes the provision of an explanatory letter to the owner or occupant and owner with a formal request for permission to carry out an inspection. As part of this Work Plan, a qualified geotechnical engineer will also be expected to provide ongoing monitoring during the blasting operations and provide a post-blasting investigation that makes reference to the structural stability of the properties abutting to the north and west.

Building Height and Massing - A four-storey apartment building will overlook the backyards as well as windows of existing single-family dwellings, particularly as the existing residential houses are at a lower elevation.

Response – The existing residential developments to the north and west of the subject site are low-rise detached dwellings. The residential development to the north is located at a lower grade than the subject site with back yard depths of approximately 25 metres between the homes and the property line of the subject site. The residential development to the west is generally located at the same grade as the proposed building and has back yard depths of approximately five metres between the homes and the property line of the subject site. The R4Z height limitation is 15 metres. Based on the most recent presentation at the Community Information Session, a revised conceptual plan has illustrated the north and west setbacks will exceed the required setbacks of six metres under the Zoning By-law, to provide the existing residential uses with a significant buffer from the building. The most recent conceptual plan indicated approximately nine metres setback from the rear property line and 7.5 metres to the west property line. It should be noted that windows and French balconies (a French balcony is actually a false balcony, with doors that open to a railing with a view of the courtyard or the surrounding scenery below) are being proposed along all facades, including the walls facing the residential uses. No standard balconies are being proposed with doors that open up onto a small patio.

To reduce the effect of massing, the applicants are proposing a C-shaped building, where the centre of the building is further recessed away from the rear yard property line to the north – the centre of the building will be setback from the rear property line approximately 34 metres. In addition, the fourth-storey, proposed as the penthouse level, consisting of 14to15 units, is setback even further than the first three stories from the north property line to continue the break in massing and provide further privacy to the existing residences.

The lands to the south of Innes are currently zoned Arterial Mainstreet and permit up to 25 metres in height with no setback from Innes Road. A proposed zoning of R4Z, which will permit only residential uses, with height limits of up to 15 metres for a low-rise apartment residential use, may act as a buffer from the large-scale intensity of commercial development along the south side of Innes Road.

A four-storey apartment building will eliminate sunlight in the backyards as well as sun exposure for the residential houses that back onto the subject site.

Response – Sun Shadow studies provide a basis for understanding the shadowing impacts of the proposed building on adjacent properties, as the sun moves throughout the day for key days of the calendar year. The Sun Shadow Study provided by the applicant takes into account not only the four proposed stories but also additional architectural features, such as the parapet walls and the electrical room. Based on the Sun Shadow Study, shadows cast by the proposed building will have limited impact on a few of the residential lots west of the subject site, in the mid-morning, with no impact during the summer months. Shadows that are cast by the proposed building on the residential uses to the north will have limited impact on the rear yards during the mid-morning. The largest impact occurs at the winter solstice (December 21^st) when shadows will be cast onto the backyard windows of some residences until mid-morning and starting in mid-afternoon. Throughout the rest of the winter season’s daylight hours, the shadow of the building will not affect sunlight exposure on the back of the existing homes.

A four-storey apartment building will bring in 80 units of residents who cannot afford to buy a property into the neighbourhood.

Response – The Zoning Amendment application is based on land use compatibility and not the tenure of the dwelling units. The applicants are however proposing that the development be condominium units, each unit being privately owned. A proposed residential condominium, categorized as low-rise apartment dwelling, is considered a compatible use with the surrounding area as it is proposed to be located between the border of a low-density residential neighbourhood and a commercial corridor.

Ventilation from underground parking, Air Conditioning (A/C), air – where will the outlets be located? Which houses will be impacted by noise and exhaust?

Response – Ventilation from the underground parking, A/C and elevator shafts will outlet through the rooftop, via the electrical room, located above the fourth floor.

The traffic generated from an 80-unit residential complex will exacerbate the existing traffic problem on Innes Road, Belcourt Boulevard and Viseneau Drive.

Response – The project will consist of a four-storey, 80-unit apartment building with outdoor and underground parking for approximately 100 vehicles. It is anticipated that the apartment building will have both a right-in/right-out access and full movement access from Innes Road. Outdoor parking and access to the underground parking garage will be located on the east side of the proposed building, away from adjacent residential properties. The proposed parking meets the requirements of the Zoning By-law.

Innes Road is identified as an Existing Arterial Road on Schedule E of the Official Plan. A Transportation Brief was submitted in support of this proposal to examine the transportation impacts of the proposed development, including capacity, site generated traffic, on-site design, and provisions for non-auto travel modes. The Brief concluded that no roadway modifications are required to accommodate the proposed development as it can be accommodated by the local transportation network. The addition of site-generated traffic is expected to result in marginal increases at the Innes Road/Viseneau Drive and Innes Road/Belcourt Boulevard intersections. Acceptable operating conditions are expected for all movements at the Innes Road/Belcourt Boulevard intersection and the proposed development conforms to the City’s initiatives by providing easy access for sustainable travel modes.