11 FROM: I R. W. PANZER II

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1 ~!I ~ Agenda Item # Page # nn b 1 Alanna Rllev 11 FROM: I R. W. PANZER II I1 SUBJECT: GENERAL MANAGER OF PLANNING AND DEVELOPMENT APPLICATION BY:-JOAN DOVER 1452 BYRON BASELINE ROAD PUBLIC PARTICIPATION MEETlNG ON RECOMMENDATION That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the application of Joan Dover relating to the property located at 1452 Byron Baseline Road: a) the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on March 6, 2006 to amend Zoning By-law No. Z,-1 in conformity with the Official Plan to change the zoning of the subject lands FROM a Residential R1 (R1-6) Zone which permits single detached dwellings TO a Holding Residential R6 (h.h-54.r6-2) Zone to permit a cluster single detached dwelling development subject to holding provisions to require that adequate sanitary sewerage treatment capacity is available and that noise attenuation matters are addressed. b) the request to amend Zoning By-law Z-1 to change the zoning of the subject lands to apply a Residential R6 (R6-4) zone BE REFUSED. c) a public site plan meeting be held to address issues of compatibility with the adjacent residential uses when development plans for this site are considered. It being noted that in accordance with the recently approved Council policies regarding noise attenuation, a noise wall, if required, will be located entirely on the subject site and that the owner will be solely responsible for the maintenance of the wall. None PREVIOUS REPORTS PERTINENT TO THIS MATTER PURPOSE AND EFFECT OF RECOMMENDED ACTIONS The recommended zoning will permit a single detached cluster housing development consisting of eleven single detached dwellings. RATIONALE 1. The recommended residential zoning will conform to the proposed Low Density Residential designation in the Official Plan, and provides for a form of low density residential development that is compatible with the scale of development in the surrounding neighbourhood. 2. A holding provision has been recommended to the proposed residential zone due to the lack of sewerage treatment capacity at the Oxford Pollution Control Plan, and to ensure that the possible expansion1 upgrades to the existing corresponding sanitary sewers, are all at the developer s expense and met to the satisfaction of the City Engineer. 3. A holding provision has been recommended to ensure noise attenuation issues will be addressed. 4. The proposed development would be subject to Site Plan and Condominium Approval processes before any development can occur. Issues relating to setbacks, tree retention, buffering, drainage, siting of buildings etc., will be addressed at that stage of approval. I1 1

2 CORPORATION OF THE CITY OF LONDON Prepared By: PD -Planning IJ Buildings 4 Addresses

3 Agenda Item # Page # Alanna Rlley I BACKGROUND I1 Date Appllcation Accepted: October 24,2005 Agent: Jack Davis SITE CHARACTERISTICS:. Current Land Use -single detached dwelling Frontage metres. Depth metres. Area hectares Shape - rectangular. North - Residential. South -Residential. East - Residential SURROUNDING LAND USES: West - Residential. Low Density Residential EXISTING ZONING: (refer to map on page 5 ) OFFICIAL PLAN DESIGNATION: (refer to map on page 4) Residential R1 (RI-6) PLANNING HISTORY I1 The site was zoned Open Space (OS4) under CP prior to July 1, Under Zonlng By-law No. Z-1 which came Into effect In July 1993, all the sites were zoned Resldentlal (R1-6) to Implement the Low Denslty Residentlal deslgnatlon In the Offlclal Plan. 3

4 LEGEND DOWNTOWN AREA REGIONAL SHOPPING AREA COMMUNITY SHOPPING AREA NEIGHBOURHOOD SHOPPING AREA ASSOCIKIED SHOPPING AREA COMMERCIAL BUSINESS DISTRICT ARTERIAL MIXED USE DISTRICT HIGHWAY SERVICE COMMERCIAL RESTRICEDIHIOHWAY SERVICE COMMERCIAL RESTRICTED SERVICE COMMERCIAL COMMERCIAL POLICY AREA MUUI - FAMILY. HIGH DENSITY RESIDENTIAL MULTI - FAMILY, MEDIUM DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL OFFICEAREA DEFERRED AREAS --1 AREAS UNDER APPEAL L -.I OFFICEIRESIDENTIAL OFFICE BUSINESS PARK GENERAL INDUSTRIAL a UGHTINDUSIRIAL REGIONAL FACILITY COMMUNITY FACILITY OPEN SPACE URBAN RESERVE - COMMUNITY GROWTH URBAN RESERVE -INDUSTRIAL GROWM RURALSETTLEMENT ENVIRONMENTAL REVIEW I=] AGRICULTURE URBAN OROWM BOUNDARY THIO IO AN EXCERPT FROM THE PUNNINQ DIVISION'E WORKINa CONSOLIDATION OF SCHEDULE A TO THE CIN Of LONDON OFFICIAL PUN. WlTH ADDED NOlXllONE I CITY OF LONDON DEPARTMENT OF PLANNING AND DEWLOPMEW' OFFICIAL PLAN SCHEDULE A - LAND USE riu NU, MAP PREWIRED. 1-1 *e I November 01,2006 PREPARED By: Qnphloa 6 Informalion S WhS SCALE 1:ao.ooo I AML LOCATION \\cl~l~l\ql~work\pl~nnlno\prol~~~~~lcl~lplan\wor~nsoloo\~~~~\~mls\scha~koxl4~ml

5 I *) COUNCIL APPROVED ZONING FOR THE SUBJECT SITE RIS 1) LEGEND FOR ZONlNG BY-LAW Z-1 R1 -SINGLE DETACHED DWELLINGS R2 - SINGLE AND TWO UNIT DWELLINGS R3 -SINGLE TO FOUR UNIT DWELLINGS R4 -STREETTOWNHOUSE R5 - CLUSTER TOWNHOUSE RB -CLUSTER HOUSING ALL FORMS R7 -SENIOR'S HOUSING RE - MEDIUM DENSITY/LOW RISE APTS.. R9 -MEDIUM TO HIGH DENSITYAPTS. R10 -HIGH DENSITYAPARTMENTS R11 -LODGING HOUSE DA - DOWNTOWN AREA RSA - REGIONAL SHOPPING AREA CSA ~ COMMUNITY SHOPPING AREA NSA - NEIGHBOURHOOD SHOPPING AREA BOC - BUSINESS DISTRICT COMMERCIAL AC -ARTERIAL COMMERCIAL HS - HIGHWAY SERVICE COMMERCIAL RSC - RESTRICTED SERVICE COMMERCIAL CC -CONVENIENCE COMMERCIAL SS -AUTOMOBILE SERVICE STATION ASA ~ ASSOCIATED SHOPPING AREA COMMERCIAL CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT ZONING BY-LAW NO. 2.-I SCHEDULE A FOR TOWNSHIP ZONES PLEASE SEE THE RELEVANT ZONING BY-LAW FOR A DESCRIPTION OF THIS MAP IS AN UNOFFICIAL M W T FROM THE ZONING BYUW WITH AOOEO NOTATIONS ' OR - OFFICWRESIDENTIAL OC - OFFICE CONVERSION RO -RESTRICTED OFFICE OF -OFFICE RF ~ REGIONAL FACILITY CF COMMUNITY FACILITY NF - NEIGHBOURHOOD FACILITY HER ~ HERITAGE DC -DAYCARE OS -OPEN SPACE CR -COMMERCIAL RECREATION OB -OFFICE BUSINESS PARK LI -LIGHT INDUSTRIAL GI -GENERAL INDUSTRIAL HI - HEAW INDUSTRIAL EX -RESOURCE EXTRACTIVE UR -URBANRESERVE "h' -HOLDING SYMBOL "D' - DENSITY SYMBOL "H" - HEIGHT SYMBOL "8" -BONUS SYMBOL T' -TEMPORARY USE SYMBOL FILE NO AR MAP - PREPARED: 2005 Oct 31 CMH 1: Meters,

6 Agenda Item # ' Page # On November 2, 2005 notice of the possible zoning amendment was mailed to 134 property owners. Notice of the possible amendment was also published in the "Living in the Citv" section of the London Free Press on November Alanna Riley I SIGNIFICANT DEPARTMENTIAGENCY COMMENTS I1 Environmental and Engineering Services Department. A road widening dedication to allow for 18 meters from the centreline of Byron baseline Road to the subject sites property line may be required. Individual univproperty access will not-be permitted to Byron Baseline Road from the subject lands as per section of the Official Plan. Presently there is no municipal sanitary sewer aflacent to the subject site. The ultimate sanitary outlet for the subject lands is the existing 200mm diameter sanitary sewer located on Byron Baseline Road to the east of this site. At the time of redevelopment, the applicant will be required to have their professional engineer make provisions to extend the sanitary sewer to serve this site. It is noted that the original design of the sanitary sewer stipulated that this site be allocated sanitary capacity equivalent to 99 people per hectare. A holding provision should be placed on the subject lands due to the lack of sewerage treatment capacity at the Oxford Pollution Control Plan. It is noted that this holding provision may be lifted when the Oxford Pollution Control Plan expansion is underway. Any redevelopment of this site may be subject to the need for on-site stormwater management measures. The need for and implementation of these measures will be determined at the development application process. These, among other engineering and transportation issues will be addressed in greater detail through the site plan approval process, if required. PUBLIC LIAISON: i Nature of Liaison: Change Zoning By-law Z.-1 from "Residential R1-6 to "Residential R6-4". 22 Replies The purpose and effect of this zoning change is to permit a cluster single detached dwellinc development. This zone allows a maximum density of 30 units per hectare, a maximum loi coverage of 40%, a minimum lot frontage of 22.0m(72.1 ft.), and a minimum lot area of 0.1E hectares(0.49 acres). Responses: In total there were 7 telephone responses, and 14 written responses. All of the telephone anc written responses were from surrounding neighbours who raised the following concerns: 1. Density, Compatibility 2. Height 3. Trees 4. Existing House 5. Privacy/Fencing 6. Property Values 7. Housing Type 8. Setbacks These are addressed further in this report. 6

7 Agenda Item # Page # Existing Situation ANALYSIS Alenna Rlley I1 The subject site is located on the south side of Byron Baseline Road, east of Grand View Ave. The 0.80 hectare site is rectangular in shape with a metre frontage along Byron Baseline Road. The site is a large lot that contains a single detached dwelling. 7

8 Agenda Item # Page # Surrounding uses consist of single detached dwellings to the north, south and west, and single detached dwelling and townhouse dwellings to the east. There is a cluster development located to the north west of the subject site, and a parcel immediately to the east that developed as single detached dwellings in cluster form. The applicant has submitted a concept plan proposing eleven single detached cluster dwellings. The lands will be developed as a vacant land condominium, with the common amenities consisting of the access laneway from Byron Baseline Road. 8

9 Agenda Item # Page # Alanna Rlley Does the requested zoning conform to the Low Density Resldentlal designation in the Official Plan? The site is currently designated as Low Density Residential in the Official Plan. The Low Density Residential designation is applied to lands that are primarily developed or planned for low-rise, low density housing forms including single detached, semi-detached and duplex dwellings up to a density of 30 units per hectare. When reviewing zoning by-law amendment applications, Section 3.7 Planning Impact Analysis is the primary section used to evaluate the proposal. Relevant criteria for this application include: ComDatibility When reviewing compatibility, Planning Staff review surrounding uses. To the north, west and south of the subject site are single detached dwellings. To the east lies a single detached cluster development. The recommended single detached dwellings in a cluster form, are similar to the lands to the east and consistent with the single detached dwellings to the north, west and south, in keeping with the area. Traffic The subject site is located along a major arterial road that carries approximately 5,000 cars a day between Wickerson Road and Griffith Street. There is capacity to accommodate the traffic generated by the development of 11 single detached dwellings. Heiaht The height limitations within the recommended R6-2 Zone provide for a form of low density residential development that would be compatible with the scale of development in the surrounding neighbourhood. The height limitation is the same in both the existing R1-6 zone and the recommended R6-2 zone. Retention of Desirable Veaetation that Contribute to Visual Character A tree retention report may be required to preserve existing trees if deemed viable. The City can require tree retention outside of the building envelope and areas requlred for parking and driveways through site plan approval as part of the landscaping plan. Such retention is usually limited to the perimeter yard areas. Location of Vehicular Access Points The Transportation Division has indicated that one vehicular access for the subject properties should be provided and restricted. Planning Staff reviewed the requested zoning and are satisfied the application meets the criteria of the Planning Impact Analysis. it would be compatible with the surrounding single detached dwellings in the area, and provide a positive transition between the single detached dwellings to the north, west, and south and the single detached cluster development to the east. NEIGHBOURHOOD CONCERNS 1. Density, Compatibility There was concern with the request to change the zoning to a Residential (R6-4) Zone. The Low Density Residential designation in the Official Plan allows 30 units per hectare. This density will be permitted provided any proposed development conforms to all other regulations in the Zoning Bylaw. Due to the high level of concern, staff recommended the Residential (R6-2) Zone. The R6-2 Zone will allow single detached dwellings in a condominium format to a maximum density of 20 units 9

10 Agenda Item # Page # Alanna Riley per hectare to provide for a scale of housing similar to what exists and is planned for the area. This zoning was placed on a single detached condominium development directly north west of the subject site. (See map and photograph below). 10

11 Agenda Item # Page # Alanna Riley The applicant's concept'plan indicates that 11 condominium detached dwellings would be built and the resulting density would be 14 units per hectare. If the applicant decided to build the maximum density of 20 units per hectare that has been recommended, 16 units would be permitted. 2. Height The residents are requesting low rise development. What is the maximum height permitted and will it impact surrounding land uses? The R6 Zone typically allows for one storey units to allow for cluster housing. The maximum height allowed under the R6-2 zone is 10.5 metres. This is the same as the current zoning which permits 10.5 metres in height. 3. Vegetation The neighbours are concerned that the existing trees on the subject site will be removed. This site has not been recognized as a significant vegetative patch in the Official Plan. Through the site plan approval process, a tree retention report may be required to preserve existing trees if deemed viable. 4. Existing House There has been concern with the existing house located on the subject site. The neighbours are concerned that the house was built in the 1800's and should be kept. This house is not listed on the Inventory of Heritage Resources. 5. Privacy/Fencing The neighbours feel that this development will cause loss of privacy. Appropriate fencing will be provided along the lot lines to provide privacy. This issue will be dealt with during the Site Plan Approval process. 6. Property Values There is no evidence that supports that cluster housing decreases surrounding property value. Similar housina forms currentlv. exist in the neighbourhood, both adjacent to the site, and across the street to th;? north west. 7. Housing Type The proposed development for this land would constitute a small cluster development. This type of development fits the classification for vacant land condominiums; small, infill properties inside the urbanized area or on a block in approved plans of subdivision. Vacant land condominium corporations include units and common elements. The unit is a parcel of land on which a building or structure will be constructed as long they are wholly contained within the unit and do not form any part of the unit boundaries. Under this type of condominium corporation, the units can consist of vacant land, upon which, following registration, owners can decide what to build. The units may be vacant lots similar to lots on a plan of subdivision. Private services and amenities are constructed to private development standards, included as common elements and subject to common expenses. VACANT LAND CONDOMINIUM (ILLUSTRATED EXAMPLE - INFILL) UHlTB FMI FUTURE DNELDPUENT OF SIWLE DETACHED OWELUNQS - CONDOMINIUM BOUNDARY UNITS 0 COMMON ELEMENTS 11

12 Agenda Item # Page # 0. Setbacks Alanna Riley The neighbours are concerned how close the proposed development will be to the lot lines. The current zoning permits interior side yard setbacks of 1.2m, or 1.8m for two storeys, and rear yard setbacks of 7.0m. The recommended zoning permits 0.5m per 1.0m of main building height or fraction thereof for interior side yards or rear yard setbacks. However, if the wall of a unit contains no windows to a habitable room the setback must be a minimum of 3m, and, if the wall of a unit contains windows to a habitable room the setback must be a minimum of 6m. If the wall of an end unit facing the rear yard and/or interior side yard contains windows to habitable rooms on the ground floor only and no access points to the dwelling unit along the wall facing the rear yard or interior yard the setback must be a minimum of 3.0m. Therefore, the interior side yard setbacks would be greater for the cluster development than what is required under the current zoning. The rear yards would likely be 6.0m, as they would likely have windows so they would be 1.0m less than the 7.0m requirement in the current zoning. Is the development subject to site plan approval? All residential development is subject to site plan control with the exception of single detached, semi-detached or duplex dwellings. As a cluster development, this site would be subject to site plan control, even though the housing form is single detached dwellings. Matters that will be addressed at site plan approval include building location, access, parking, road widening, lighting, landscaping, buffering, fencing, easements, grading, stormwater management and drainage. Because there are no firm development plans, a public site plan review is appropriate to give the neighbours an opportunity to review the detailed site plan and to express any concerns they may have to Planning Committee. What zoning has been requested and recommended for the subject lands? The applicant has requested a Residential R6 (R6-4) Zone for the subject site to permit a cluster development. The applicant s concept plan indicates that 11 condominium detached dwellings would be built and the resulting density would be 14 units per hectare. Planning Staff have reviewed the request and recommended a Residential R6 (R6-2) Zone, to provide for a form of low density residential development that is compatible with the scale of development in the surrounding neighbourhood. What are the recommended holding provisions for? Holding Provision for Servicinq As indicated there is no municidal sanitarv sewer adiacent to the subiect site. Althouah these lands are tributary to the future Oxford Polhtion Contrbl Plant, there cuirently exists no available capacity. The Environmental and Engineering Services Department has requested a holding provision be placed on the subject lands due to the lack of sewerage treatment capacity. The holding provision may be lifted when the Oxford Pollution Control Plan expansion is underway. Holding Provision for Noise Attenuation A holding provision for noise attenuation has been recommended to ensure there are no land use conflicts between arterial roads and the proposed residential uses. The h-54 shall not be deleted until the owner agrees to implement all noise attenuation measures, recommended in noise assessment reports acceptable to the City of London. 1 CONCLUSION The recommended Zone conforms to the Official Plan and provides for a form of low density residential development that is compatible with the scale of development in the surrounding neighbourhood. The recommended Residential R6 Zone is appropriate and provides reasonable protection to the surrounding environment. The proposed development is subject to Site Plan and Condominium Approval before any development can occur. Issues relating to tree retention, buffering, drainage, sitting of buildings etc. will be addressed at that stage of approval. 12

13 ~ ~~ Agenda Item # Page # Manna Riley PREPARED BY: ddm&r, ALANNA RILEY PLANNER II - IMPLEMENTATION SUBMITTED BY: GREGG BARRETT, AlCP MANAGER. LAND USE PLANNING. GENERAL MANAGER OF PLANNING AND DEVELOPMENT 'ebruary 13,2006 AWar Y\Shared\lMPLEMEN\DEVELOPMENT APPS\7028Z Byron Baseline\PC.dot 13

14 -- Appllcanl: Dover Joan Margaret Roll Number: Riley Created By: Alanna Riley File Number: Date: 11/1/2005 CORPORATION OF THE CITY OF LONDON Prepared By: PD - Planning Scale: 1: 2500 a Union Gas Pipeline (20 m buffer) Park Vegetation I3 E3.,,

15 Agenda Item # Page It Responses to Publlc Liaison Letter and Publication In Living in the City" Alanna Rlley Gerry MccCour? Kathy Mallett John Corke Rob Mizak Johnathan Roger Joseph Downs Don Hancock TeleDhone Written Amanda Suzuki Mary and Tim Gibbons Donald Hancock Angus and Barbara McCourt Kathy Mallett Christopher Sherman Mike Hack Angela Henry Wendy Moorecroft Paul Webb Jim and Joanne Swan 14

16 Agenda Itern # Page # Alanna Riley Bill NO. (number to be Inserted by ClerUs OTflce) 2006 By-law NO. Z.-l-O6(number to be inserted by Clerk's Office) A by-law to amend By-law No to rezone an area of land located 1452 Byron Baseline Road. WHEREAS Joan Dover has applied to rezone an area of land located 1452 Byron Baseline Road, as shown on the map attached to this by-law, as set out below; AND WHEREAS this rezoning conforms to the Official Plan; THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows: Schedule "A" to By-law No is amended by changing the zoning applicable to lands located at 1452 Byron Baseline Road, as shown on the attached map comprising pari of Key Map No. 125, from a Residential R1 (RI-6) Zone to a Holding Residential R6 (h.h-54.r6-2) Zone. The inclusion in this By-law of imperial measure along with metric measure is for the purpose of convenience only and the metric measure governs in case of any discrepancy between the two measures. This By-law shall come into force and be deemed to come into force in accordance with subsection 34(21) of the Planning Act, R.S.O. 1990, c. P.13, either upon the date of the passage of this by-law or as otherwise provided by the said subsection. PASSED in Open Council on March 6,2006. Anne Marie DeCicco Mayor Kevin Bain City Clerk First Reading - March 6, 2006 Second Reading - March 6,2006 Third Reading - March 6,

17 Agenda item # Page #