Staff Report - Middlesex County, Ontariomc-egenda.middlesex.ca/files/agendas/300021/300258_PDSD... · 2016. 10. 14. · Freure Homes is proposing to refine the existing three zones

Staff Report

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Report No.: PDSD-P-58-16

Meeting Date: October 19, 2016

Submitted by: Ben Puzanov, RPP, Senior Planner

Subject: Application for Zoning By-law Amendment; 1739766 Ontario

Inc.

Komoka Glen Subdivision – Lots 2, 3, 5, 6-10, 14-17, 19, 23, 24,

27-29, 36-38, 43-45, 47, 48, 53, 55 and 56

Recommendation:

THAT the Zoning By-law Amendment application filed by 17397766 Ontario Inc. in order to

reduce certain front yard and interior side yard setbacks and to remove a semi-detached

dwelling as a permitted use on specific lots within the Komoka Glen subdivision, be approved.

Purpose:

The purpose of this report is to provide Council with a recommendation regarding a rezoning

application for various lots within the Komoka Glen subdivision along Union Avenue and

Valleyview Crescent in Komoka.

Background:

The purpose of the application is to rezone a number of vacant lots within the Komoka Glen

subdivision from site-specific Urban Residential First Density (UR1-5, UR1-6 and UR1-7) zones

to new site-specific Urban Residential First Density zones. The effect of the proposal is to

change the interior side yard setbacks and front yard setbacks for specific lots within the

development as follows:

Lot # Proposed Interior Side Yard Setbacks

6-9, 15, 16, 28, 37, 38, 44 and

56

1.2 metres (3.9 ft) on each side

2, 3, 5, 10, 14, 17, 19, 23, 24,

27, 29, 36, 43, 45, 47, 48 and

55

1.5 metres (4.9 ft) from an interior side lot line adjacent

to a lot on which there is an existing residence and 1.2

metres (3.9 ft) from an interior side lot line adjacent to a

vacant lot

October 19, 2016 Page 1 of 17

Staff Report

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Lot # Proposed Front Yard Setback

2, 3, 5, 23, 24, 27, 28, 29, 36, 37, 38, 47,

48, 53, 55 and 56

6 metres (19.6 ft)

The applicant has also requested to eliminate a semi-detached dwelling as a permitted use for

vacant lots within the UR1-6 zone; being lots 23, 24, 27, 28, 29, 48, 53, 55 and 56. All other

zoning standards within the UR1-5, UR1-6 and UR1-7 zones would remain unchanged for the

subject lots.

A map showing the lots subject the the rezoning application is included in Attachment 1. The

applicant’s planning justification report is included in Attachment 2.

Analysis:

The subject land is designated Settlement Area according to the County of Middlesex Official

Plan and Residential by the Middlesex Centre Official Plan. The land is zoned as a mix of site-

specific Urban Residential First Density (UR1-5, UR1-6 and UR1-7) zones by the Middlesex

Centre Comprehensive Zoning By-law.

The applicant’s planning consultant has been in discussions with staff over the last several

months in order to explore options for providing builders with flexibility in constructing new

houses within the subdivision. The proposal that has been submitted for Council’s consideration

would allow builders to construct houses that are slightly wider and deeper than is currently

allowed but without altering the maximum lot coverages permitted on individual lots.

With some exceptions for houses that do not contain exterior openings on one side or an

attached garage, the current interior side yard setbacks within the development generally

require setbacks of 1.5 metres (4.9 ft) and 2.5 metres (8.2 ft). In order to ensure that new

houses would not be constructed any closer to the sides of existing dwellings than is currently

permitted, the requested 1.2 metre (3.9 ft) side yard setback would apply only on that side of a

new house that is adjacent to a vacant lot. The side yard setback adjacent to existing

residences is proposed to be 1.5 metres (4.9 ft). The applicant’s request to reduce the front yard

setback for specific lots from 8 metres (26.2 ft) to 6 metre (19.6 ft) would allow for an improved

use of land on each individual lot while still providing for ample separation between attached

garages and front lot lines.

Planning staff is of the opinion that the applicant’s request is appropriate as it has struck a

balance between meeting market demand for new construction within the development and the

need to ensure that the minimum side yard setback expectations of existing residents in


Staff Report

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Komoka Glen are met. While the applicant is not proposing to alter lot coverages within the

development, staff have requested that the proponent’s engineer review the overall grading plan

for the subdivision and ensure appropriate revisions are made and incorporated into the

subdivision agreement, if necessary.

Financial Implications: None.

Strategic Plan: The proposal supports the following Strategic Priorities of the Middlesex Centre Strategic Plan

(2012-2017):

Realizing development potential

Meeting the needs of both current and future residents


Attachment 1: Location MapOctober 19, 2016 Page 4 of 17

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PLANNING JUSTIFICATION REPORT

… for a reduction in side yards and front yards for selected lots in

Komoka Glen residential subdivision

… by 1739766 ONTARIO INC.-- Freure Homes

… in Komoka, Middlesex Centre, Ontario

September 2016

Attachment 2October 19, 2016 Page 5 of 17

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TABLE OF CONTENTS

1.0 Introduction ……………………………………………………………………………….………………………… pg. 3

2.0 The 1739766 ONTARIO INC.-- Freure Homes Proposal .……….…….………………………… pg.3

3.0 Subject Site and Surrounding Land Uses ……………………………………….……………...….…. pg. 6

4.0 Planning Policy Framework & Analysis …………………………………………….……..…..…....… pg.6

4.1 Provincial Policy Statement ……………………..........................………..…….…………….....…. pg.7

4.2 County of Middlesex Official Plan …….……................................................…………..…. pg. 7

4.3 Middlesex Centre Official Plan …………………………………………………………………………….. pg. 8

4.4 Middlesex Urban Design Guidelines …………………………………………………………………….. pg. 8

5.0 Middlesex Centre Zoning By‐law …………..…….....…..............................................…... pg. 9

6.0 Engineering …………………………………………………………………………………………………………. pg. 10

7.0 Conclusion ……………………….………............................................................………………. pg. 10

LIST OF FIGURES

Figure 1 –Subdivision map of development ........................................……..………………….. pg. 4

Figure 2 – KOMOKA GLEN SITE MAP ……………………….…………………………………………………… pg. 5a

Figure 3 – 3D ortho image of area (Google) ...................................…….……………………….. pg. 6

Figure 4 – Zoning Map excerpt …………..………………………………................…........................ pg. 9

APPENDIX

Letter from EngCET Engineering Limited on Impact of zoning refinements

This is to acknowledge the assistance of EngCET Engineering Ltd, in the

preparation of this Report.


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1.0 Introduction

The following document is a land use planning justification report in support of a rezoning proposal to

refine and clarify the zoning in the single detached residential subdivision known as KOMOKA GLEN

which comprises 56 lots in total. 28 of the lots, all being vacant would affected by the following

proposed zoning refinements:

1. To permit a reduction of minimum side yards for selected lots – 28 lots in total.

2. To permit a reduction of minimum front yards for selected lots – 16 lots in total.

3. To remove semi-detached dwellings as a permitted use.

More specifically, 1739766 ONTARIO INC.-- Freure Homes (hereafter referred to as Freure) is proposing

these reductions to enable more flexibility in house design and facilitate marketing of lots and home

building. Build-out of this development has taken longer that original expectations.

The subject lands are Urban Residential First Density – comprising three zone variations namely; UR1-5,

UR1-6, and UR1-7.

The lands are designated RESIDENTIAL in the Official Plan – Komoka-Kilworth Urban Settlement Area

and Secondary Plan. Section 5.7.4 permits low density and medium density residential development.

Single detached residences are the only type, or form, of housing that has developed. Komoka Glen was

approved in 2008 and comprised 56 lots. To date about one half, or 27 lots, have been sold and are built

upon and are now occupied. 29 lots remain vacant and sales should be more robust according to the

marketing support for the developer-owner. One of the major reasons is that the house footprint

design and front elevation that the market is expressing a demand for, cannot be built because the

zoning envelope is too narrow.

The Report assesses the proposal within the relevant Provincial and Municipal land use planning policy

frameworks. The proposed refinements to the residential zoning would be a logical and continue to

efficiently utilize land and resources. The refinements would conform to the local Official land and

County of Middlesex Official Plan. They would also be consistent with the Provincial Policy Statement.

2.0 The 1739766 ONTARIO INC.-- Freure Homes Proposal Komoka Glen was approved in 2008 and comprised 56 lots. To date about one half or 27 lots have

been sold and are built upon and are now occupied. 29 lots remain vacant and sales are slow. See

Figure 1.

For example, and from a Builders perspective (in Imperial measurement) a typical lot frontage (width) is

49 feet. With a side yards of 5 feet and 8 feet required and a 22 foot wide garage (2 cars), a total of 35

feet results and this leaves only 13 feet left for the remainder of the house front façade. The width of


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the front door (5 feet) and wall space between house corner and wall space to garage (combined 6 feet)

leaves minimal room for a reasonable sized front facade window (about 2 to 3 feet). The room at the

front of the home is also compromised and narrower (and sometimes therefore eliminated from the

floor plan) than what is being preferred by consumers.

A reduction of the 8 foot side yard to 4 feet and a reduction of the other 5 foot side yard to 4

feet would provide a critical 5 foot increase to accommodate front windows and front rooms.

The result would be that on a 49 foot wide lot, the home could be 41 feet rather than 36 feet

wide.

A reduction of the 8 foot side yard to 4 feet and no reduction of the other 5 foot side yard

because it wold be adjacent to an existing home owner, would provide a critical 4 foot increase

to accommodate front windows and rooms. The result would be that on a 49 foot wide lot, the

home could be 40 feet rather than 36 feet wide.

Figure 1- showing the entire Komoka Glen subdivision and those lots in green that are built upon and

those lots in brown are vacant.


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1739766 ONTARIO INC.-- Freure Homes is proposing to refine the existing three zones as described in

Parts A, B, and C following, and needs to be read in conjunction with Figure 2 – KOMOKA GLEN SITE

MAP.

A. SIDEYARDS

1. Rezone vacant lots 6 thru 9, 15, 16, 28,29,37, 38, 44, and 56 such that the side yards would be

reduced FROM 1.5 m and 2.4 m TO 1.2 m on both sides…. total of 12 lots. These lots have no built

homes on either abutting side and therefore there would be no impact on existing residences. In terms

of the actual three Zones, the following lots would be rezoned is presented.

- In the URI-5 zone – lots 6, 7, 8, 9, 15, 16, and 44

- In the URI-6 zone – lots 28, 29 and 56

- In the UR1-7 zone – lots 37 and 38

2. Rezone vacant lots 2, 3, 5, 10, 14, 17, 19, 23, 24, 27, 36, 43, 45, 47, 48, and 55 such that the side yards

would be reduced FROM 2.4 m TO 1.2 m on one side while the other side is left at 1.5 m…. a total of 16

lots. These lots have built homes on one side and therefore we are not proposing to change the side

yard on the built side as it may be perceived by EXISTING home owners that they would be impacted

with a lesser side yard. In terms of the actual three zones, the following is presented.

- In the URI-5 zone – lots 10, 14, 17, 19, 43 and 45

- In the URI-6 zone – lots 23, 24, 27, 48 and 55

- In the UR1-7 zone – lots 2, 3, 5, 36 and 47

It is noted that there is one vacant, lot #53, that has existing residences on both sides and therefore there is no proposal to change either side yard on this lot.)

B. FRONT YARD

1. Rezone all of the vacant lots (15 in total) in the UR1-6 zone and the UR1-7 zone to reduce the front

yard setbacks from 8.0m to 6.0 m – the same as the existing minimum front yard setback in UR1-5

zone. Specifically,

- In the UR1-6 zone - lots 23, 24, 27, 28, 29, 48, 55 and 56 and 53

- In the UR1-7 zone – lots 2, 3, 5, 36, 37, 38 and 47

This would make the three zones consistent throughout the Komoka Glen neighbourhood, enables

slightly larger rear yards, or possibly deeper residential homes, maintain ample depth of driveways to

accommodate a vehicle parking in front of a garage, and is likely not perceived to be a significant

departure from existing residences that have an 2 m greater setback, given the separation spaces

between houses.

C. REMOVE SEMI-DETACHED HOUSING FORM AS A PERMITTED USE

The UR1-6 zone permits semi-detached dwellings and to be consistent with the UR1-5 and UR1-7 zones,

this permitted use is requested to be removed from the UR1-6 zone. All references to semi - detached

regulations would be removed as well.



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3.0 Subject Site and Surrounding Land Uses:

Figure 3: 3D View of Komoka Glen (Google Maps) – Komoka Glen neighbourhood shown approximately

in RED circle.

SURROUNDING LAND USES:

To the NORTH - Railway and Open space with Storm water detention pond with corresponding Open

Space zoning.

To the EAST - Open Space and Creek Valley with corresponding Open Space zoning.

To the SOUTH – seniors retirement residence and corresponding Institutional zoning

To the WEST - single detached residential development on large lots with UR1-3 zoning.

The conclusion of the surrounding land use review is that the subject Komoka Glen subdivision would

continue to develop and fit very well into the Komoka community. The reason for this is a combination

of the similarity of adjacent land sues and the extent of the refinement of the existing zoning proposed.

4.0 Planning Framework and Analysis

Being situated in the Municipality, the proposal is subject to the Middlesex Centre Official Plan and

Zoning By‐law, the County of Middlesex Official Plan, as well as the Provincial Policy Statement (PPS)


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which provides guidance on land use planning in Ontario. Relevant policies and provisions that create

the planning policy and implementation framework for the proposed development are provided below.

4.1 Provincial Policy Statement (PPS):

The existing PPS states in:

Section 1.1.3.1 that settlement areas shall be the focus of growth. The subject lands are within

the Komoka - Kilworth settlement area.

Section 1.1.3.2 of the PPS states that land use patterns within settlement areas shall be based

on densities and a mix of land uses that efficiently use land and resources, efficiently use public

infrastructure, and public service facilities, and promote energy efficiency.

RESPONSE: The refinement in zone regulations would contribute to achieving objectives of

Section 1.1.3.2.

The PPS generally encourages the efficient use of land and resources and promotes infill

development, intensification and redevelopment.

RESPONSE: It should be clear that no “intensification” is proposed. However, the development

can be considered “infill” which is to be promoted.

Section 1.6.6.2 prefers full municipal services, which are available to the site.

RESPONSE: These services exist and are available. .

The conclusion is that the zoning refinements proposed by 1739766 ONTARIO INC.-- Freure Homes

would be consistent with the PPS.

4.2 County of Middlesex Official Plan

Section 1.3 of the OP states:

“This Plan recognizes the planning powers and authorities vested in the local municipalities through the

Planning Act and other legislation. The Middlesex County Official Plan does not address in any great

detail those planning matters which can better be dealt with by the local municipalities. Local Official

Plans complement the County Plan by providing more detailed strategies, policies and land use

designations for planning and development at the local level. The County Plan will provide the

framework for this more detailed planning by the local municipalities.”

RESPONSE: The Middlesex Centre Official Plan in the preceding review and analysis is an example of this

by designating the lands Residential within a Settlement Area. And further, zoning refinements as

proposed is clearly a lower tier government matter that unabated by the County level of land use

planning.

The conclusion is that the zoning refinements proposed by 1739766 ONTARIO INC.-- Freure Homes

would conform to the County Official Plan.


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4.3 The Middlesex Centre Official Plan

The subject Springer Pond Developments Inc. lands are designated “Residential”.

The zoning refinement proposal is in keeping with and would contribute to the achievement of the

policies of Section 5.7 of the Middlesex Centre OP being policies for the Komoka-Kilworth Secondary

Plan as follows:

Section 5.7.1 - goals of balanced mixed use, housing choice, compact land use, place making,

active and healthy life styles, full services, conserving environmental features and minimize risk

to public safety.

Section 5.74. – residential policies in terms of mix, diverse forms of multi-unit development,

attractive streetscape along Glendon Drive, setback of garages,

Section 5.7.11 – servicing policies in terms of the provisions of full municipal services.

The zoning refinement proposal is in keeping with Section 5.1.1 of the Middlesex Centre OP which states

that all new proposed development shall be fully serviced by municipal water and sewage disposal

systems.

Further the proposal is able to fulfill the Settlement Area design goals, and the design policies for site

plan and infill development which are respectively outlined in Sections 6.1 and 6.3 of the Middlesex

Centre OP.

The conclusion is that the zoning refinements by 1739766 ONTARIO INC.-- Freure Homes would

conform to the Middlesex Centre Official Plan.

4.4 Middlesex Centre Urban Design Guidelines: Section 4.2.5 (page 36) of the Guidelines document make note that the design and placement of windows add greatly to the impression of the house. Windows are said to be a visual symbol of habitable space and other comfort and reassurance to both occupants and passers by. Further, item d) sates that the design of the front elevation and the flankage elevations … additional consideration should be given to the scale and location of windows to support an eyes-on-the-street approach to the design. This Municipal document places a lot of importance on front windows as a design element. The proposed zoning refinements would well serve this very guideline objective, by enabling the addition of front windows and habitable spaces to the design of the remaining homes on the 26 lots, all as referenced in section 2.0.


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5.0 Middlesex Centre Zoning By‐law: Figure 4 shows the three zones that are affected by the proposed refinements. In order to maintain the

existing zoning for the developed and occupied lots, it may be preferable to using the same labeling but

extend it to distinguish the reduce side yards and/or front yards.

Therefore the changes on lots in the UR1-5 zone would be labelled as follows:

“UR1-5a” for those lots that have both side yards reduced from 2.4 m and 1.5m TO 1.2 m on

each side and have front yards reduced from 8.0 m to 6.0 m. This zone would include lots 6, 7,

8, 9, 15, 16, and 44.

“UR1-5b” for those lots that have one side yard reduced from 2.4 m TO 1.2 m on each side and

have front yards reduced from 8.0 m to 6.0 m. This zone would include lots 10, 14, 17, 19, 43

and 45.

Figure 4 - Zoning map excerpt –Middlesex Centre Zoning Bylaw – showing the three affected zones in

red circle.


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each side and have front yards reduced from 8.0 m to 6.0 m. This zone would include lots 28,

29 and 56.


have front yards reduced from 8.0 m to 6.0 m. This zone would include lots 23, 24, 27, 48 and

55.


each side and have front yards reduced from 8.0 m to 6.0 m. This zone would include lots 37

and 38.


have front yards reduced from 8.0 m to 6.0 m. This zone would include lots 2, 3, 5, 36 and 47.

6.0 Engineering EngCET Engineering Ltd. (formerly Whitney Engineering) has reviewed the proposed zoning refinements

and points out that there is no change to the building coverage and therefore the overall run-off

coefficient would reaming the same. The letter dated August 23, 2016 from EngCET is in the Appendix.

7.0 Conclusion Based on the aforementioned planning analysis, the by 1739766 ONTARIO INC.-- Freure Homes proposal has been demonstrated: 1. to be proposing refinements that would maintain the quality of single detached development and fit

well with the existing residences;

2. to assist in the build out of the Komoka Glen subdivision;

3. to be consistent with the PPS;

4. to conform to the County of Middlesex Official Plan;

5. to conform to the Official Plan of Middlesex Centre;

6. to be capable of complying with the structure and intent of the Zoning By‐law;

7. to be compatible with surrounding land uses;

8. to support the efficient use of land and resources within Komoka Kilworth Community.

It is therefore requested that the Municipal staff support that the Zoning By‐law Amendment to change

the present zoning of the subject lands as described.


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Bibliography

1. Middlesex Centre Official Plan

2. Provincial Policy Statement

3. Middlesex County Official Plan

4. Middlesex Centre Zoning Bylaw.

APPENDIX

Letter for EngCET Engineering Ltd. on engineering mpact of zone

refinements.



Documents

Staff Report - Middlesex County, Ontariomc-egenda.middlesex.ca/files/agendas/300021/300258_PDSD... · 2016. 10. 14. · Freure Homes is proposing to refine the existing three zones