Agenda Item # Page #

D. AlLLES MANAGING DIRECTOR, DEVELOPMENT APPROVALS BUSINESS UNIT

File No: 2-7818 Planner: T. Grawey

SUBJECT

CHAIR AND MEMBERS BUILT & NATURAL ENVIRONMENT COMMITTEE TO:

APPLICATION B Y FARHAD NOORY 696 COMMISSIONERS ROAD WEST

PUBLIC PARTICIPATION MEETING ON DECEMBER 13,2010 - 7:30 P.M.

D.N. STANLAKE DIRECTOR, DEVELOPMENT PLANNING FROM:

I1 RECOMMENDATION I1 That, on the recommendation of the Director of Development Planning and Managing Director of Development Approvals Business Unit, the following actions be taken with respect to the application of Farhad Noory relating to the property located at 696 Commissioners Road West:

a) the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on January 24th, 201 1 to amend Zoning By-law No. Z.-1 in conformity with the Official Plan, to change the zoning of the subject lands FROM a Holding Residential WlResidential R5 (h- 5*W-llR5-2) Zone which permits single detached, semi-detached, duplex, converted, cluster townhouse and cluster stacked townhouse dwellings at a maximum density of 30 units per hectare and a maximum height of 12 metres, TO a Holding Residential R5 I Residential R6 Special Provision (h-5*R5-2/R6-3( )) Zone, which permits cluster townhouse, stacked townhouse, single detached, semi-detached and duplex dwellings up to a maximum density of 30 units per hectare and a maximum height of 12 metres, with special provisions in the R6-3 Zone for a maximum lot coverage of 40%, a minimum front yard setback of 3.0 metres, a minimum rear yard setback of 4.5 metres, and a minimum side yard setback of 1.2 metres plus, for any portion of the side yard adjacent to a part of the building exceeding one storey in height, 0.6 metres for each storey or part thereof above one storey;

it being noted that the issues to be addressed as part of the site plan application and public meeting to satisfy the “h-5 holding provision will include road widening dedication, tree preservation, noise attenuation requirements, internal access and parking, landscaping, privacy fencing, site drainage, building orientation and streetscape interface.

II ON 1

To allow cluster housing in the form of single detached, semidetached, duplex dwellings, at a scale and density that is compatible with residential development in the surrounding area.

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RATIONALE I1 1. The form and intensity of cluster housing being proposed by this amendment is permitted

under Multi-Family, Medium Density Residential policies of the Official Plan.

2. The recommended special provision setback and site coverage requirements will allow for a more efficient use of the development site and maintain an increase in separation distance based on maximum building height.

3. Site specific considerations including tree preservation, noise attenuation, building orientation, privacy fencing, internal access and landscaping, will be addressed in further detail through an application to satisfy the “h-5” holding provision.

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I LOCATION MAP I LEGEND

1 Location: 696 Commissioners Rd W Applicant: Farhad Noory I File: z-7aia Planner: Terry Grawey

Date: 2010-11-26 Scale: 12500

Subject Site

1111 Parks

@ Assessment Parcels

a Buildings

Address Numbers

Corporation of the City of London Prepared By: Planning and Development

Date Application Accepted: August 23,2010 Application Revised: November 22,2010

Shape - Rectangular orientation with frontage Commissioners Rd. West I1

Agent: Farhad Noory

SURROUNDING LAND USES:

North - Single detached residential and cluster housing

South - Single detached residential

East - Cluster housing (condominium)

West - Cluster housing (condominium)

OFFICIAL PLAN DESIGNATION: (refer to map on page 4)

Multi-Family, Medium Density Residential

EXISTING ZONING: (refer to map on page 5)

Holding Residential W R 5 (h-5'R2-1/R5-2)

1 PLANNING HISTORY I1 The subject property is located the Westmount Planning District. The lands on the south side of Cornmissioners Rd. West, between Longworth and Nottinghill, have been designated Multi- Family, Medium Density Residential since the adoption of the 1989 Official Plan. The Commissioners Road corridor, between Wonderland Road on the east and Crestwood Drive on the west, mainly includes a mix of low and medium density residential development.

During the 199O's, several blocks in the vicinity of the subject site have been developed with 3

Legend

m DowntownArea

Endosed Regional Commercial Node

New Format Regional Commercial Node

m Community Commercial Node

Neighburhood Commercial Node

m Main Street Commercial Corridor

LLd Auto-Oriented Commercial Corridor

m High Density Residential

m Medium Density Residential

Multi-Family,

Multi-Family,

Low Density Residential

Office Area General Industrial

OffdResIdentiai Light Industrial

Regional Facility Environmental Review

Community Facility 0 Agricultural

Openspace

Urban Reserve CommunityGmwth UrbanReserve Industrial Growth

Rural Settlement

Office Business Park

' Urban Growth **@ Boundary

CITY OF LONDON Department of

Planning and Development

h

S

FILE NUMBER 2-7818

PLANNER TG

Scale 1:30,000 TECHNICIAN: MC OFFICIAL PLAN SCHEDULE A - LANDUSE - PREPAPED BY OnPicl and InfOrMwn 8- M.Un DATE: October 19,2010

PROJECT LOCATION e \ p l a n n l n g ~ p m g c t s \ p ~ o ~ l ~ l ~ l ~ ~ \ ~ ~ ~ ~ ~ l O O \ ~ ~ m ~ ~ \ m ~ d ~ l e m p l ~ ~ e s ~ h ~ d ~ l ~ ~ N E W ~ c o l o ~ r ~ ~ ~ ~ 4 mxd

R1 -SINGLE DETACHED DWELLINGS RF - REGIONAL FACILITY R2 .SINGLE AND TWO UNIT DWELLINGS CF -COMMUNITY FACILITY R3 -SINGLE TO FOUR UNIT DWELLINGS NF - NEIGHBOURHOOD FACILITY R4 .STREET TOWNHOUSE HER .HERITAGE R5 -CLUSTER TOWNHOUSE DC -0AYCARE RE -CLUSTER HOUSING ALL FORMS R7 -SENIORS HOUSING OS .OPEN SPACE RE .MEDIUM DENSITYLOW RISEAPTS CR -COMMERCIAL RECREATION RQ - MEDIUM TO HIGH DENSITYAPTS ER -ENVIRONMENTAL REVIEW R10 .HIGH DENSITYAPARTMENTS R11 .LODGING HOUSE OB - OFFICE BUSINESS PARK

OA - DOWNTOWN AREA GI . GENERAL INDUSTRIAL RSA - REGIONAL SHOPPING AREA HI . HEAW INDUSTRIAL CSA .COMMUNITY SHOPPING AREA EX -RESOURCE EXTRACTIVE NSA - NEIGHBOURHOOD SHOPPING AREA UR .URBAN RESERVE BDC -BUSINESS DISTRICTCOMMERCIAL AC - ARTERIALCOMMERCIAL AG -AGRICULTURAL HS -HIGHWAY SERVICE COMMERCIAL AGC .AGRICULTURAL COMMERCIAL RSC - RESTRICTED SERVICE COMMERCIAL CC -CONVENIENCE COMMERCIAL TGS -TEMPORARY GARDEN SUITE SS -AUTOMOBILE SERVICE STATION RT - RAILTRANSPORTATION ASA -ASSOCIATED SHOPPING AREACOMMERCIAL

LI -LIGHT INDUSTRIAL

RRC . RURALSmLEMENT COMMERCIAL

"h" -HOLDING SYMBOL "D' - DENSITY SYMBOL "H" - HEIGHTSYMBOL 2) 1 ANNEXED AREA APPEALED AREAS "8" .BONUS SYMBOL

CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT

ZONING BY-LAW NO. 2.-I

SCHEDULE A 8

FILE NO: I 2-781 8 TG

MAP PREPARED: I 2010110119 MC

1 :3,000 I [)9mmMo

Agenda Item # Page #

Notice of application published in "Living in the City" August 28'h, 2010 and 175 letters sent out to area property owners on September 2,2010 Revised notice of application published in "Living in the City" November 13,2010 and mailed out to area property owners on November 22,2010.

various forms of cluster housing including: townhouse units on the property to the west at 500 Cranbrook Road (1997); townhouse units on the property to the east at 680 Commissioners Road West (1998); and cluster single detached units to the north at 681 Commissioners Road West (1999). The lands on the north side of Commissioners Road, opposite the subject property and further to the west, include single detached residential dwellings.

The subject property constitutes the last undeveloped parcel of land in the corridor along Commissioners Road West, between Crestwood Drive and Wonderland Road. While this segment of Commissioners Road experiences relatively high volumes of traffic, it is considered to be a stable area that has maintained its residential amenity.

Four responses received to date

I SIGNIFICANT DEPARTMENTIAGENCY COMMENTS

Transportation Advisory Committee - the proposed placement of the sidewalks should consider the provisions of a wider boulevard between the roadway and the sidewalk for a more pedestrian-friendly environment and to be consistent with the objectives of the Transpofiation Master Plan.

PUBLIC LIAISON: L Nature of Liaison: To amend the zoning applied to the subject site. Possible change to Zoning By-law Z.-1 FROM a Holding Residential R2/R5 Special Provision (h-5*R2-1/R5-2) Zone by adding a Residential R6 Special Provision (R6-3(-)) Zone to permit cluster single detached, semi-detached and duplex dwellings at a maximum density of 30 units per hectare, with special provisions for front yard setback, side yard setback, rear yard setback and site mverane

Responses: Two telephone inquiries were received, requesting information on the nature of the proposed Zoning By-law amendment. Two written replies were also received from neighbours backing onto the southern boundary of the subject property. Both responses expressed the same comments - requesting the protection of an existing 7.5 metre (25 ft.) high cedar hedge along the southern property boundary of the subject property and requesting a dialogue with the applicant to discuss concerns about their privacy.

Existing Situation:

The subject property is presently occupied by a single detached residential dwelling and two accessory structures. The site has a frontage of 78.4 metres (257.2 ft.) along Commissioners Road, a depth of 103.6 metres (340 ft.) and an area of 0.8 hectares (2 acres). The site is generally flat with a large maintained lawn, planted black walnut trees and shrubery along the west boundary, and other vegetation located in the eastern & southern part of the site, primarily consisting of walnut-spruce mixed plantation with an understory of buckthorn and dogwood.

The surrounding area is fully developed, with a mix of low and medium density residential housing forms. The north side of Commissioners Road includes single detached residential properties and a cluster housing development. The south end of the subject property backs onto single detached residential properties (Salem Court and Lynngate Place), and there are existing cluster townhouse developments abutting the property on the east and west.

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Agenda Item # Page #

File No: 2-7818 Planner: T. Grawey

Commissioners Road West identified on Schedule “C” of the Official Plan (Transportation Corridors) as an arterial road, and has an average annual daily traffic volume of 12,000 vehicles per day in this location. Section 4.21 of the Zoning By-law (Road Allowance Requirements) requires a road width of 18 metres (59.1 ft.) from the centreline of Commissioners Road. The required road widening will be implemented through the site plan approval process.

The subject property is designated Multi-Family, Medium Density Residential in the Official Plan, which permits row houses, cluster houses and low rise apartment buildings up to a maximum density of 75 units per hectare as the main permitted uses.

The current Zoning, Holding Residential R2/ Residential R5 (h-5“R2-1/R5-2) has been in effect for more than 15 years. This Zone permits single detached, semi-detached, duplex, converted, cluster townhouse and cluster stacked townhouse dwellings at a maximum density of 30 units per hectare and a maximum height of 12 metres. The maximum building height is 9 metres in the R2-1 zone and 12 metres in the R5-2 Zone.

The “h-5” holding provision which applies to the existing zoning, is intended to ensure that development takes a form that is compatible with adjacent uses. A separate application is required to remove the holding provision after a public site plan review meeting has been conducted and a development agreement has been entered into.

Supporting Documentation:

Two background documents were submitted with the application for rezoning. An Environmental Noise Evaluation Report (EngPlus, August 17, 2010) identified requirements to mitigate outdoor and indoor noise generated from exposure to vehicular traffic on Commissioners Road West. The recommended measures include a 13 metre long, 2.2 metre high noise barrier wall to protect the amenity area for Unit # 1, as proposed in the site concept plan. A requirement was also identified for forced air heating systems with provision for central air conditioning and a standard warning clause for Unit 1 and Units 15-17.

A Tree Preservation Report (EngPlus, September 17, 2010) identified and evaluated the health of existing vegetation on the site, and provided recommendations to address the feasibility of tree retention, identifying trees to be retained and trees to be removed. Recommendations include the retention of several existing trees along the southerly property boundary and provision for a 3 metre wide naturalization area to create a buffer strip adjacent to the existing single detached residential properties to the south.

A Site Plan Application was also submitted (EngPlus, November 2010) which provides a greater level of detail and certainty with respect to specific site design details such as building size and layout, internal access, parking areas, setbacks and landscaping. The application also included a streetscape elevation drawing, which illustrates how the proposed development would appear from Commissioners Road. The site plan drawings show a reduction in the number of proposed units from 17 (in the previous concept plans), to 15 in the current site plan application, which has been formally submitted to the City.

The proposed site layout and streetscape elevation drawing submitted with the site plan application are provided on pages 8 and 9.

Evaluation of Requested Zoning:

The application is requesting a Residential R6 Special Provision (R6-3( )) Zone, which pernits cluster housing in the form of single detached, semi-detached and duplex dwellings at a maximum density of 25 units per hectare and a maximum height of 10.5 metres. The R6-3 Zone permits a slightly lower maximum density than is currently permitted and the Zoning By- law amendment does not, therefore, constitute “Residential Intensification”, as defined in Section 3.2.3 of the Official Plan.

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The single detached, semi-detached and duplex forms of cluster housing permitted in the R6-3 Zone, are compatible with the cluster townhousing permitted in the existing R5-2 Zone. A compound R5-2/R6-3 Zone would permit forms of cluster housing that are similar in nature to existing residential developments to the east, west and north of the subject property. The “h-5” holding provision, which would continue to apply to the proposed zoning, requires that a public site plan review meeting be held and a site plan agreement be entered into prior to any development on the site.

The initial concept plan submitted with the application showed 17 single detached cluster units. The site plan submitted with the revised application shows 15 single detached cluster units and indicates that the development will proceed in the form of a vacant land condominium. Based on the net site area (after the Commissioners Road widening is taken) and site plan submitted by the applicant, the “as-built“ density on the site would be 20 units per hectare, which is below the maximum density of 30 units per hectare permitted in the R5-2 and R6-3 Zone variations.

SDecial Provisions:

Based on the site plan application submitted to the City, the applicant is requesting special provisions in the R6-3 Zone Variation for front, rear and side yard setbacks, as well as maximum site coverage. The special provisions would only apply to the R6-3 Zone variation which permits cluster single detached, semi-detached and duplex dwellings.

The requested special provision setbacks include a 2.7 metre front yard setback, a 1.2 metre side yard setback and a 4.5 rear yard setback. The special provisions are requested, in part, due to the form of housing that is being proposed on the site - comprising one storey units with relatively large floor plates. The other factor that affects the setbacks in this development is a requirement from the City Transportation Division for a minimum 6 metre access throat distance from the ultimate road widening of Commissioners Road, which results in a setback of 18 metres for three of the units that face Commissioners Road. The reduced front yard setback would only be required for one unit located at the north-west corner of the site, which would flank Commissioners Road.

A 3.0 metre front yard special provision setback is considered to be appropriate based on the specific site design requirements for this development. This reduced requirement will partially compensate for the enhanced setback that is required to accommodate the access requirements for the three units facing Commissioners Road. The noise report Submitted with the application confirms that a 2.2 metre noise attenuation wall is only required to protect the rear amenity space of Unit 1. The elevation drawing Submitted with the site plan shows this unit will include a flanking entrance and orientation to Commissioners Road, in accordance with the urban design measures that have been recommended for this development.

The R6-3 Zone requires a standard interior side & rear yard setback of three (3) metres when the wall of a unit contains no windows to habitable rooms or six (6) metres when the wall of a unit contains windows to habitable rooms (the setback could be greater for buildings higher than six metres). When 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 a rear or interior side yard, the minimum setback is 3 metres.

In the R2-1 Zone that currently applies to the subject property, the minimum side yard setback for single detached, duplex and converted dwellings is 1.2 metres (3.9 ft.) plus, for any portion of the side yard adjacent to a part of the building exceeding one storey in height, 0.6 metres (2 ft.) for each storey or part thereof above one storey; except that where no private garage is attached to the dwelling, one side shall be 3.0 metres (9.8 fl.).

In this location, the requested special provision for a reduced side yard setback is considered to be reasonable because the building height in the R6-3 Zone is restricted to a maximum of 10.5 metres and the form of cluster housing will be limited to single detached, semi-detached and duplex units. The minimum side yard requirement that is applied in the R2-1 Zone (1.2 metres

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Agenda Item # Page # --

plus, for any portion of the side yard adjacent to a part of the building exceeding one storey in height, 0.6 metres for each storey or part thereof above one storey), would permit a more efficient use of the site, as well as greater flexibility in the orientation of cluster units and private amenity space within the development. The setback increases with an increase in building height, to ensure that there is adequate building separation distance and privacy for residential units on adjacent properties.

The site plan application submitted by the applicant proposes a rear yard setback of 4.5 metres as opposed to the standard rear yard setback of three (3) metres when the wall of a unit contains no windows to habitable rooms or six (6) metres when the wall of a unit contains windows to habitable rooms. While the rear yards would accommodate private amenity space for five (5) of the cluster housing units at the south end of the property, and includes a number of trees that have been identified for protection in the Tree Preservation Report. The adjacent properties to the south have substantial rear yards and the proposed 4.5 metre setback for the is considered to be adequate for the cluster housing development provided the trees that are recommended for protection can be adequately accommodated within the setback; and, the units are limited to one (1) storey in height. The standard rear yard setback should be applied if higher units are proposed.

The requested special provision for a maximum coverage of 40% (vs. a standard requirement of 35% in the R6-3 Zone variation) is considered to be reasonable, given the single detached form of cluster housing and one storey footprint that is proposed for the site. The 40% requirement is comparable to the lot coverages allowed in the existing R2-1 Zone (45%) and in the R6-4 Zone variation (40%), which permits cluster single detached, semi-detached and duplex dwellings at a density of up to 30 units per hectare.

Desian Considerations:

Several design elements have been included in the proposed site plan which are consistent with municipal policies and guidelines. These include the evaluation and protection of healthy trees on the site; the use of a single-loaded access driveway which provides for the orientation of units to Commissioners Road; and the avoidance of noise walls along the Commissioners Road frontage (except for a small section required to protect rear amenity space for Unit 1). The applicant also submitted a formal site plan application which provides a high level detail and certainty regarding the form of development that is being proposed.

The “h-5” holding provision, which applies to the recommended zoning, will ensure that the public has a further opportunity to review the proposed site plan, and provide feedback on specific design elements at a future public meeting before the site plan is approved. Some of the considerations that will be addressed through the site plan review process include:

1.

2.

3.

4.

5.

6.

Requirement for road widening dedication along Commissioners Rd. West;

Implementation of recommendations in the Tree Preservation Report and protection of the cedar hedge along the southerly property boundary;

Implementation of recommendations in the Environmental Noise Analysis Report submitted with the rezoning application;

Consideration of building orientation and interface of units with Commissioners Road;

Internal access driveways and parking areas; and

Landscaping, privacy fencing and site drainage considerations.

Prior to development approval, the applicant will also be required to submit a request to demolish the existing residential building on the property under Section 33 of the Planning Act.

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Agenda Item # Page #

File No: 2-7818 Planner: T. Grawey

I CONCLUSION

The Zoning By-law amendment to permit cluster single detached, semidetached and duplex dwellings on the property at 696 Commissioners Rd. West is in conformity with the Multi-Family, Medium Density Residential policies of the Official Plan, and compatible with the existing pattern of development in the surrounding area. The recommended amendment is also compatible with the development and site requirements of the existing zoning, which permits single detached, semi-detached duplex, cluster townhouse and cluster stacked townhouse dwellings.

The requested special provisions for reduced setbacks and lot coverage will allow for an efficient use of the site, while maintaining setbacks to ensure adequate privacy and separation distance based on building height. The site plan application provided with the application provides a level of detail and certainty that supports the proposed Zoning By-law amendment. Further consideration of the detailed site requirements and design elements for the development will be provided through the "h-5" holding provision, which requires a public site plan review process.

VELOPMENT PLANNING DIRECTOR, DEVELOPMENT S BUSINESS UNIT

December 6,2010 TGItg

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Agenda Item # Page #

4 File No: 2-7818

Planner: T. Grawey

Application for Zoning By-law Amendment, as completed by Farhad Noory, July 14, 201 0 Concept plan "Proposed Site Plan for Vacant Land Condo Lots, 696 Commissioners Rd. West" (EngPlus, August 12,2010) City of London Official Plan, June 19, 1989, as amended City of London Zoning By-law No. 2-1 Environmental Noise Analysis Report, Proposed Vacant Land Condominium 696 Commissioners Rd. West (EngPlus, August 17, 2010) Tree Preservation Report, 696 Commissioners Rd. West (EngPlus, August 31, 2010) Site Plan Application and drawings, EngPlus, November 2010

Agency and Public Responses:

London Hydro - Reply to Liaison Notice, September 15, 2010 Bell Canada - Reply to Liason Notice, September 20,2010 Transportation Advisory Committee, November 19,2010 John Curtis, 32-505 Cranbrook Dr., London ON N6K 4V9 - public inquiry concerning nature of application Nancy Moser, c/o 12-163 Commissioners Rd. West, London, ON N6J 1x9 -telephone inquiry concerning the nature of the application and potential impacts associated with intensity of development on the site. James & Mary Thomas, 108 Lynngate Place, London ON N6K IS5 - public comments concerning potential impact of development on cedar hedge along the southern boundary of the subject property Chuck Ronson, 112 Lynngate Place, London ON N6K 1% - public comments concerning potential impact of development on cedar hedge along the southern boundary of the subject property

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Agenda Item # Page #

Bill NO. (number to be inserted by Clerk's Office) 2010

By-law No. Z.-l-

A by-law to amend By-law No. Z.-1 to rezone an area of land located 696 Commissioners Road West.

WHEREAS Farhad Noory has applied to rezone an area of land located at 696

AND WHEREAS this rezoning confirms 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. Z.-1 is amended by changing the zoning applicable to lands located at 696 Commissioners Road West, as shown on the attached map comprising part of Key Map No. 128 from a Holding Residential R2IResidential R5 (h-5*R2-1/R5-2) Zone, to a Holding Residential RWResidential R6 Special Provision (h-5*R5-2/R6-3(-)) Zone.

1) Section 10.4 of the Residential R6 Zone to By-law No. Z.-1 is amended by adding the following Special Provision:

R6-3(-) Zone Variation

1) Regulations

Commissioners Road West, as shown on the map attached to this by-law, as set out below;

i) Front Yard Depth (m) minimum: 3.0 metres (9.8 ft.)

ii) Rear Yard Depth (m) minimum: 4.5 metres (14.7 ft.) for one storey building

iii) Interior Side Yard Depth (m) minimum: 1.2 metres (3.9 ft.) plus, for any portion of the side yard adjacent to a part of the building exceeding one storey in height, 0.6 metres (2.0 ft.) for each storey or part thereof above one storey.

iv) Lot Coverage (%) maximum: 40

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. 7990, 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 January 24,201 1.

First Reading - January 24, 201 1 Second Reading - January 24,201 1 Third Reading - January 24,201 1

Joe Fontana Mayor

Catharine Saunders City Clerk

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Agenda Item # Page #

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AMENDMENT TO SCHEDULE "A" (BY-LAW NO. Z.-ll

File Number: 2-7818

Planner: TG

Date Prepared: 2010110119

Technician: MC By-Law No: 2.4-

I SUBJECTSITE

1:5,000

0 30 60 120 180 240 I - - Meters