R. W. PANZER II RECOMMENDATION

Transcription

1 R. W. PANZER II I 4 SAUNBY STREET PUBLIC PARTICIPATION MEETING ON JANUARY 15,2007 AT 500 P.M. II 1 RECOMMENDATION I That, on the recommendation of the General Manager of Planning and Development, based on the application of Medhi Shehabi relating to the property located at 4 Saunby Street, the request to amend Zoning By-law No. 2.-I to change the zoning of the subject lands FROM a Residential R2 Special Provision (R2-3 (2)) Zone which permits single detached, semi detached, duplex and converted dwellings with a maximum of two units and a maximum floor area ratio of 40% TO a Residential R3 (R3-1) Zone to permit single detached, semi detached, duplex, triplex, fourplex and converted dwellings with a maximum of one unit per 180 square metres of lot area BE REFUSED. POSSIBLE RESULT OF PROPOSED AMENDMENT The proposed amendment would permit the conversion of the existing single detached dwelling to a maximum of four residential units or would permit the demolition of the existing building and a construction of a single detached dwelling, semi detached dwelling, triplex or fourplex without a gross floor area restriction. PREVIOUS REPORTS PERTINENT TO THIS MATTER Essex Street Area Zoning Study, Municipal Council approved zoning amendments on August 6, 1996, resulting from the Essex Street Area Study to amend the zoning from Residential R2 (R2-2) to Residential R2 Special Provision (R2-3 (2)) for the properties located on McDonald Avenue, Beaufort Street, Saunby Street, Irwin Street and Gunn Street. RATIONALE 11 1, The proposed amendment does not conform to the Council approved Essex Street Area Study. 2. The requested amendment to Zoning By-law 2.-1 would constitute "spot" zoning, and is not considered appropriate in isolation from the surrounding neighbourhood. 3. The current zoning for this area is appropriate, promotes neighbourhood stability, and allows redevelopment of residential properties in a manner which is compatible with the surrounding neighbourhood. 1

2 Subject Site: 4 Saunby St kpplicant: Shahabi Mehdi Roll Number: LOCATION MAP Planner: Craig Smith Created By: Craig Smith File Number: Date: CORPORATION OF THE CITY OF LONDON Prepared By: PD - Planning Scah N 2500 A Subject Site Water Parcel Buildings Addresses LEGEND

3 Date Application Accepted: September 11, 2006 BACKGROUND A By-law complaint was filed on June 23, 2006 with the City of London Municipal Law Enforcement Division alleging an illegal use on this site. A City of London Municipal Law Enforcement Officer inspected the building on July 28, 2006 (see attached letter) and determined that it contains six (6) separate self contained units. The Municipal Law Enforcement Officer issued a letter dated July 31, 2006 stating that building permits were not obtained to create the additional units and that the property owner is required to bring the building into compliance. Jack Davis I REQUESTED ACTION: Change Zoning By-law Z.-1 from a Residential R2 Special Provision (R2-3(2)) Zone which permits single, semi, duplex and converted dwellings with a maximum two units with a maximum floor area ratio of 40% to a Residential R3 (R3-1) Zone which permits single, semi, duplex, triplex, fourplex and converted dwellings with a maximum of 1 dwelling unit per 280m2 of lot area. The purpose and effect of this zoning change could allow for the conversion of the existing dwelling to a maximum of 4 units SITE CHARACTERISTICS: Current Land Use - Single Detached Dwelling Frontage - 17 metres Depth - +I metres Area - +I- 751 square metres Sham - irreoiilar SURROUNDING LAND USES: North - Single detached dwelling South -Two unit converted dwelling East - Single detached dwelling West - Single detached dwelling OFFICIAL PLAN DESIGNATION: (refer to map on page 4) Low Density Residential EXISTING ZONING: (refer to map on page 5 ) Residential R2 Special Provision (R2-3 (2)) 3

4 RESTRICTED SERVICE COMMERCIAL COMMERCIAL POLICY AREA MULTl -FAMILY, HIGH DENSITY RESIDENTIAL MULTI -FAMILY, MEDIUM DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL URBAN RESERVE -INDUSTRIAL GROWTH 111 RURAL SETTLEMENT ENVIRONMENTAL REVIEW 0 AGRICULTURE & URBAN GROWTH BOUNDARY b THIS IS AN EXCERPT FROM THE PLANNING DIVISION'S WORKING CONSOLIDATION OF SCHEDULE A TO THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOWNT FILE NO cs MAPPREPARED

5 COUNCIL APPROVED ZONING FOR M E SUBJECTSITE: R24(2) 1) LEGEND FOR ZONl" BY-LAW 2-1 RI - SIffiLE DETACHED DWELLINGS R2 -SINGLE AND TWO UNIT DWELLINGS R3 - SINGLE TO FOUR UNIT DWELLINGS R4 -STREFTTOWNHNISF % -CLUSIERTOWNHOUSE R6 -'AWERHOUSINGALLFORMS R7 SENIOPS HOUSING R8 MEMUM DENSrrYAOW RISE APTS. R8 - MEDlUM TO HIGH DENSITY APTS R10 -HIGH DENSITYAPARWNTS Rl1 -LODGINGHOUSE DA - DOWNTOWN AREA RSA - REGIONAL SHOPPING AREA CSA - COMMUNrrY SHOPPING AREA NSA - NEIGHBOVRHOOD SHOPPING AREA BDC - BUSINEGS tnmtcr w mam AC -ARERlALCOMh RClAL HS - HIGHWAY SERVCE COMMERCIAL RSC - RESTRICTED SERVICE COM~CIAL CC -CO"lENCEKMMERCIAL S6 -AUTOMOBILE SERVlCE SlAnON ASA -ASSOClATEDSHOPPlNoAREACOMMERclAL 2, ANNEXED AREA APPEALED AREAS CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT ZONING BY-LAW NO. 2.4 SCHEDULE A OR -OFFICE/RESlDENnAL OC -OFFlCECONMRSlON RO - RESTRICTED OFFICE OF -OFFICE RF - REGIONAL FACIUTY CS - COMMJNITY FACILITY NF - NEIGHBOURHOOD FACILITY HER -HERITAGE DC -DAYCARE OS -0PENSPACE CR -COMMERCIAL RECREATlON OB -OFFICE BUSINESS PARK U -LffiWlNDLlSlRlAL GI -GENERAL INDUSTRlAL HI - HEAVY INDUSTRIAL M -REWRCEUCIRACTNE UR -URBANRESERVE AG -AGRICULTURAL AGC -AGRICULTURALCOMMERCIAL RRC -RURALSmLEMENTCOMMERClAL TGS -TEMPORARY GARDEN Sum 'h' - HWING SYMBOL 'D' - DENSrrY SyLWoL W -HEIGHTSYMBOC '8' - BONUS SYMBOL FIE NO cs M4P PREPARED 2006/11/03 CK n 1!3500

6 PLANNING HISTORY The Official Plan land use designation is Low Density Residential; in addition there is the Essex Street Area Study applies to this area. Area studies are adopted by Council to be used as a guideline for the review of development applications The Essex Street Area Study was adopted by Council in July, The study was the result of numerous development applications to intensify the residential uses in the Area. The study was also initiated because of citizen concern with development that was occurring in the area. Given the proximity to the University of Western Ontario, there is a demand for low rent, short term rental housing in this neighbourhood. The intent of the zoning amendments adopted by Council through the Area Study was to permit higher intensity uses along the arterial corridor and lower intensity uses in the interior of the neighbourhood. The Ontario Municipal Board heard three appeals of the Council approved bylaw. The OMB dismissed all requests for relief from the City initiated Floor Area Ratio. The zoning of this property is Residential R2 Special Provision (R2-3(2)) which permits single detached, semi detached and converted dwellings to a maximum of two units. The special provision includes regulations on the size of the building through floor area ratios. I1 II SIGNIFICANT DEPARTMENT/AGENCY COMMENTS E I] Environmental Ennineerina Services DeDartment "The Environmental and Engineering Services Department (EESD) offers the following comments with respect to the above application: - Adequate and functional onsite parking will be required to serve the proposed land use. Engineering analysis may be required by the developer to determine the extent of external waterworks that may be required, satisfactory to the General Manager of Environmental and Engineering Services and the City Engineer. The size of the existing water service should be checked. It may not be adequate to service four new units. * At the time of development, the developer shall be required to apply the proper stormwater management practices to ensure that the maximum permissible storm run-off discharge from the site will not exceed the peak discharge of storm run-off under predevelopment conditions. These, among other issues, may be addressed in greater detail as necessary through future applications such as the site plan approval process." Uaper Thames River Conservation AuthoritV (UTRCA) The UTRCA identifies this property as being located entirely within the Authorities Regulation Limit and is affected by the riverine hazard allowance associated with the North Branch of the Thames River. The property is located specifically in the flood fringe and is therefore subject to the UTRCA, General Natural Hazard Policies and the Flood Fringe Polices. Any development or site alteration must receive written confirmation of compliance with the UTRCA polices to the satisfaction of the UTRCA. The UTRCA states that the application to rezone this property is for intensification of the residential use; based on the information provided to the UTRCA, the UTRCA is not in a position to confirm that the existing building complies with UTRCA policy requirements with respect to flood proofing, parking and safe access and request the application be deferred to allow further consultation. 6

7 ?Z-7243 PUBLIC LIAISON: On October 19, 2006, 48 letters were sent to all 5 telephone landowners within 120m of the properly. Living in the City responses and 1 Notice was published on October 14, 2006 response by letter Subiect Site The property is located on the south side of Saunby Street, east of Gunn Street. The property is irregular in shape with a 17 metre lot frontage and lot area of approximately 751 square metres. The property is located entirely within the flood fringe and is subject to Upper Thames River Conservation Authority requirements, Official Plan Policies Section of the City of London Official Plan states that in areas where residential neighbourhoods are experiencing pressure for conversion, infill development, or redevelopment to a higher intensity of use an Area Study can be required to assist in evaluating development proposals. Area studies allow for the analysis and conceptual planning of a specific area of the City at a level of detail which may not be appropriate for the Official Plan. Area studies are adopted by Council and are used as a guideline for review of development applications in a subject area. Council adopted the Essex Street Area Study in July, The Essex Street Area Study was required to address the intensification of lands in this area due to the close proximity to the University of Western Ontario. The Essex Street Area Study addressed the issue of appropriate development in the Multi Family, Medium Density Residential designation along the WesternMlharncliffe Road Corridor and the Low Density Residential designation in the interior of the neighbourhood. The study concluded that higher density uses should be located along the arterial corridor and lower intensity uses in the interior of the neighbourhood. Council adopted specific residential zoning for McDonald Avenue, Beaufort Street, Saunby Street, Irwin Street and Gunn Street which limits the amount of units and the size of the building by adopting a maximum floor area ratio. 7

8 nn What are the Current and Proaosed Zonina Reaulations? The property is currently zoned Residential R2 Special Provision (R2-3(2)). The current zone allows for single detached, semi detached, duplex and converted dwellings maximum two units. The special provision requires a maximum floor area ratio of 40%. Floor area ratios are intended to limit the size of the building and maintain the scale and character of the neighbourhood. Zoning By-law Z.-1 requires one parking space per dwelling unit be provided completely on the lot. Currently two side-by-side parking spaces are provided on the driveway in the front yard that leads to the east interior side yard. The By-law does not permit parking in the front yard or in tandem. Parkina Area, Front of 4 Saunby Street A paved driveway currently exists providing 2 parking spaces not in tandem. Section ) c) of Zoning By-law Z.-1 states that each required parking space shall be readily accessible at all times for the parking or removal of a vehicle or vehicular access, and that no parking space shall obstruct access to a parking area of any other unit. Front Yard, 4 Saunbv Street Section ) a) of Zoning By-law Z.-1 states, no person shall use any land situated in any zone for the purpose of parking or storage of a vehicle in any front yard or exterior side yard.

9 East Interior Side Yard, 4 Saunbv Street Section ) c) states that in residential zones parking is permitted in the interior side yard or rear yard or in driveways in the front yard. Parking is permitted on a driveway in a front yard when the driveway leads to all or a portion of a parking space in the interior side yard, rear yard or a garage. The proposed zone is Residential R3 (R3-1) which permits single detached, semi detached, duplex, triplex, fourplex and converted dwellings with a maximum of one converted dwelling per 180 square metres of lot area. The property is approximately 751 square metres, divided by 180 square metres of lot area, which would result in 4.1 units. Zoning By-law Z.-1 requires numbers to be rounded down; a maximum of four converted dwelling units would be permitted. There is no maximum floor area ratio required in the proposed zoning. The proposed zone permits a maximum height of 12 metres and lot coverage of 45%. The proposed zoning could permit the creation of a building that may not be in scale or conformity with the existing form of residential development. The applicant would be required to provide one parking space per residential dwelling unit. These spaces are required to be provided wholly on the lot in the interior side yard or rear yard and be accessible at all times by all dwelling units. Why is the Proposed Amendment Not Appropriate The Official Plan allows for infill and intensification in the Low Density Residential designation. These infill and intensification policies are appropriate and encouraged in Low Density Residential areas that have not been identified by Council through an area study. Council has adopted an area study and implemented zoning amendments specific to this area. The Essex Street Area Study specifically zones this area to permit two dwelling units per lot. The proposed zoning would not conform to the Area Study that has been adopted for this area. According to information provided by Municipal Property Assessment Corporation (MPAC 2005) there are no other buildings in this area with more than two residential dwelling units (see attached map pg. 11) The multi-dwelling buildings are located along the arterial corridor and single detached and two unit dwellings are the predominant use in the interior of the neig hbourhood. The requested amendment is to change the zoning of the subject properties from a Residential R2 Special Provision (R2-3(2)) Zone to a Residential R3 (R3-1) Zone to permit single detached, semi-detached, duplex, triplex, fourplex and converted dwellings (4 units max.). The proposed zoning may allow for future development that may not be in scale or character with the existing uses. The conversion of the existing structure may not be able to accommodate parking completely on the lot. Based on the size of the lot, the proposed zoning permits a maximum of four dwelling units. According to the inspection of the City of London Municipal Law Enforcement Officer, the building has six (6) units, two more than the permitted by the proposed Residential R3 (R3-1) Zone. A further minor variance would be required to reduce the lot area requirement per dwelling unit to permit all six (6) dwelling units that existed at the time of the City Enforcement Officer's inspection. 9

10 i Agenda Item # Page # Rezoning the subject property in isolation from the surrounding area represents "spot" rezoning and should be discouraged. The current zoning for this area is considered appropriate and allows for an appropriate level of intensification and allows for redevelopment to a maximum of two dwelling units that is compatible with the surrounding residential neighbourhood. CONCLUSION Based on staff review of the application, the requested amendment to Zoning By-law Z.-1 would constitute "spot" zoning, over intensification and is not considered appropriate in isolation from the surrounding neighbourhood. The Essex Street Area Study, Official Plan policies and zoning for this area are appropriate, promote neighbourhood stability, and allow for some intensification and redevelopment of residential properties. PREP- BY: I SUBMITTED BY:,n J. CRAIG SMITH PLANNER IMPLEMENTATION RECOMMENDED BY A u I. R. W. PANZER MCIP, RPP GENERAL MANAGER OF PLANNING AND DEVELOPMENT December 8,2006 JCSl "Attached Y \Shared\lMPLEMEN\DEVELOPMENT APPSP006 Applications 7075 to\7243z - 4 Saunby\PCREPORTZ-7243 doc 10

11 7 LEGEND PROPERTY CLASSIFICATION * a Single Family a Residential 2 units (includes Semi-detached & Link homes) :::..:::...i. Residential 4 units Residential 5 units Residential more than 6 units Residential with Commercial unit Office conversion Vacant Land LAND USE MAP CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT * NOTE: Property Classificaction derived from information provided by MPAC 2005 SUBJECT SITE: 4 Saunby St FILE NO cs MAP PREPARED: 2006/11/06 CK I- 1:2500 PREPARED By: Graphics 8 Information SewiceS Y*.r

12 Responses to Public Liaison Letter and Publication in Living in the City Teleahone Written Jacqueline Spires 18 Saunby Street 39 Gunn Street Charles Copp 22 Saunby Street Francis Meharg 16 Saunby Street Anonymous 4 Saunby Street Anonymous No address, indicated ownedproperty in area 1 12

13 July 31, 2006 File No Mehdi Shahabi 360SpringbankDr. London ON N6J 1G5 Dear Sir, Re: 4 Saunby St, London ON Please be advised that I am contacting you as the result of a zoning complaint regarding the use of 4 Saunby Street. By way of inspection on July 28, 2006, it has been determined that the building contains six separate self contained dwelling units. The property is zoned R2-3 (2), Two Family Residential, within By-law Z-1. A review of our records indicates the following: The building was assessed as a Single Family Dwelling in A permit to add a basement bedroom in a single family dwelling was issued in 1985 A permit to add a rear addition to a single family dwelling was issued in 1995 A permit to a sewer connect was issued in 1998 Although the zone permits for two dwelling units there has never been a permit to install an additional dwelling unit beyond the original single family at 4 Saunby Street. We are requesting that you as the assessed property owner bring the building into compliance with the zoning by-law and converted the building back to a single family dhlling, or obtain a permit to allow the building to be used as a two family dwelling. Piease note the property falls within the flood plane and therefore will require additional approvals from the Upper Thames Conservation Authority. In order to bring the property into compliance all cooking facillties will need to be removed from the additional units (including the wiring back to the electrical box). Further the building will need to be internally connected to create access throughout the interior of the building. The separations from unit to unit will need to be removed. Piease note that a building permit may be required to perform the required work, therefore I would request that you contact the Building Division at , to confirm whether a permit need to be obtained. Continued... page 2 13

14 Page 2 Mehdi Shahabi 360 Springbank Dr. London ON N6J 1G5 Re: 4 Saunby St, London ON In addition we are requesting a copy of the Notice of Termination to all effected tenants Please ensure that the properly com'plies with By-law 2-1, by October 10,2006. Failure to comply may lead to legal action. yours truly, H. Chapman (Mrs.) Municipal Law Enforcement Gfficer c: K. Wilding, Building Inspector The Corpbration ofthe Cily of London Buildino Diyision. Rm 708 y-iewinforcement section mce Fax Direct Line 5t~AR ert, londan.os 14

15 8-7243, Craig Smith, Citv of' London Planning - Division, P.O. Box 5035, London. Ontario N6A 4L9 39 Gunn Street, London, Ont. N6G 1'26. Te terracont3svmuatico.ca November 2,2006. Re: Rem& ADO lication for 4 Saunbv Stre Dear MI. Smith: Further to our telephone conversation earlier this week, my husband and I would like to go on record as objecting strenuously to the application to downzone the proverty at 4 Saunby Street from R2 (low density) to R3 (medium density). According to what you told me on the phone, no site planhas been filed in connection with this application; the propezty owner claims merely to want the property rezaned cammennuate with its present usage as a mnlti-unit structnre with a larger footprint than the present zoning allows. In my opinion, this claim is disingenuous. Ifhe really has no plans for redevelopment, there is no reason to go to the trouble of getting rezoning. It's not as if the City can require him to downgrade the present structure, especially since the origmal deviation was pbably entirely legal. (As this property WBS formerly used as a p up home for handicapped people, it seems likely that a variance was granted for an oversized onestorey structure as an alternative to two storeys with the same floor space.) The only conceivable rewn why anyone would go to this trouble, therefore, is to lay the ground for an anticipated redevelopment. It's a lot easier to push through a proposal that conforms to present zoning than a proposal that does not Aside from anything else, in the case of a simple site plan approval the Planning Act does not reqnire the city to hold a public hearing and does not make any provision for members of the public to appeal to the O m. Downzoning the property before a site plan is presented would consequently lessen the obstacles for the developer to overcame - which is no doubt what the applicant is counting on. We urge you not to fall for this ploy. If the owner has plans for the property, let him put them on the table before you open any doors. Since the lot falls almost entirely in flood plain, it would be against public interest to make any change that could weaken EIS requirements or circumvent public scrutiny. Sincerely, Gaile McGregor &Norman Duke, (adjacent property owners) 15