Staff Report Meeting Date: March 22, 2017 Submitted by: Ben Puzanov, RPP, Senior Planner Number: PLA-20-2017 Subject: Application for Consent B-12/17; Ryan Crouse and Shawn Phinnemore; 129 Erie Avenue, Komoka Recommendation: THAT Consent Application B-12/17, filed by Ryan Crouse and Shawn Phinnemore in order to create a residential lot having a lot frontage of approximately 15.24 metres along Erie Avenue and a lot area of approximately 557.4 square metres; from a property legally described as Part of Lots 11 and 12, Block G, Plan 76 (geographic Township of Lobo), Municipality of Middlesex Centre and known municipally as 129 Erie Avenue; be granted. FURTHER THAT Consent B-12/17 be subject to the following conditions: 1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled. 2. That the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law. 3. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of the Consent and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 4. That the Owners’ solicitor provide a Transfer in Preparation to the Municipality, together with a deposited reference plan and a Schedule describing the land to be transferred, for the purposes of the issuance of a Certificate of Consent. March 22, 2017 Page 1 of 7
Transcript
Staff Report
Meeting Date: March 22, 2017
Submitted by: Ben Puzanov, RPP, Senior Planner
Number: PLA-20-2017
Subject: Application for Consent B-12/17; Ryan Crouse and Shawn Phinnemore; 129 Erie Avenue, Komoka
Recommendation:
THAT Consent Application B-12/17, filed by Ryan Crouse and Shawn Phinnemore in order to create a residential lot having a lot frontage of approximately 15.24 metres along Erie Avenue and a lot area of approximately 557.4 square metres; from a property legally described as Part of Lots 11 and 12, Block G, Plan 76 (geographic Township of Lobo), Municipality of Middlesex Centre and known municipally as 129 Erie Avenue; be granted.
FURTHER THAT Consent B-12/17 be subject to the following conditions:
1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been fulfilled.
2. That the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law.
3. That a draft reference plan be prepared by an Ontario Land Surveyor for the
purposes of facilitating the transaction of the Consent and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.
4. That the Owners’ solicitor provide a Transfer in Preparation to the Municipality,
together with a deposited reference plan and a Schedule describing the land to be transferred, for the purposes of the issuance of a Certificate of Consent.
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5. That the Owners’ solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision.
6. That any outstanding property taxes for the severed and retained lots of
Consent B-12/17 be paid in full. 7. That the Owners provide confirmation via CCTV inspection that the sanitary
private drain connection to the severed lot of Consent B-12/17 is in an appropriate condition to accommodate the construction of a single-detached dwelling and that this be to the satisfaction of the Municipality.
8. That the Owners provide confirmation that the water service to the severed lot
of Consent B-12/17 is in an appropriate condition to accommodate the construction of a single-detached dwelling and that this be to the satisfaction of the Municipality.
9. That the Owners relocate from the severed lot of Consent B-12/17 those
overhead electrical lines that service adjacent residences. Alternatively, the Owners may apply for Municipal consent in order establish permanent easements for the overhead electrical services provided these services will meet minimum setbacks from the dwelling that is to be constructed on the severed lot of Consent B-12/17.
10. That the Owners provide a lot grading plan prepared by a Professional
Engineer that includes appropriate grades at property boundaries and the four corners of a building envelope. The lot grading plan shall indicate a suitable building area that meets the required setbacks from the overhead electrical lines servicing neighbouring properties. The electrical lines and setbacks shall be shown on the grading plan.
11. That the Owners enter into a Development Agreement with the Municipality,
and that the Agreement be registered against the title of the subject land, to address among other matters: all financial, legal, planning and engineering matters including but not limited to payment of the Municipality’s engineering, legal and planning review costs, noise mitigation measures and a noise warning clause in accordance with CN Railway’s standards, entrance locations and construction, works within the road allowance, lot grading and drainage, building envelopes, relocation of electrical services as well as any road
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restoration associated with the development, all to the satisfaction of the Municipality.
12. That the Owners pay to the Municipality $3,400 for the purposes of funding
50% of the future road reconstruction costs of Erie Avenue to an urban standard along the frontage of the severed lot of Consent B-12/17, inclusive of curbs, sidewalks and street lighting.
13. That the Owners pay a $1,000 cash-in-lieu of parkland dedication to the
Municipality for the severed lot of Consent B-12/17. 14. That the Owners provide confirmation from an Ontario Land Surveyor that the
residence on the retained lot of Consent B-12/17, known municipally as 129 Erie Avenue, will meet the minimum zoning by-law setback from the new lot line created by Consent B-12/17. Should the minimum setback not be met, the Owners agree to file for the review and consideration of the Municipality’s Committee of Adjustment a Minor Variance application in order to achieve compliance with the zoning by-law.
15. That, if applicable, the Minor Variance required by condition 14 be in full force
and effect. AND FURTHER THAT the reasons for granting Consent application B-12/17 include:
The proposal is consistent with the Provincial Policy Statement;
The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and
Subject to the conditions, the proposal would comply with the Middlesex Centre Comprehensive Zoning By-law.
Purpose:
The purpose of this report is to provide Council with a recommendation regarding a proposal to create a new residential lot at the northwest corner of the intersection of Springer Street and Erie Avenue in Komoka. A location map is included in Attachment 1.
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Background:
The purpose and effect of the application is to sever a residential lot from a 0.2 hectare (0.49 ac) property in order to accommodate the construction of one single-detached dwelling on the north side of Erie Avenue and west of Springer Street in Komoka. The lot proposed to be severed would have a lot frontage of approximately 15.24 metres (50 ft) along Erie Avenue and a lot area of approximately 557.4 square metres (0.14 ac). The lot proposed to be severed is currently vacant.
The lot proposed to be retained, containing an existing single-detached dwelling known municipally as 129 Erie Avenue, would have a lot frontage of approximately 36.58 metres (120 ft) along Springer Street and a lot area of approximately 1,438 square metres (0.36 ac).
An illustration of the proposal is included in Attachment 2.
Analysis:
The subject property is located within a Settlement Area according to the County of Middlesex Official Plan. The land is designated Residential by the Middlesex Centre Official Plan and zoned site-specific Urban Residential First Density (UR1-4) by the Middlesex Centre Comprehensive Zoning By-law. The proposed infill development represents a more efficient use of land in an Urban Settlement Area of the Municipality that will utilize municipal water and sanitary sewer services that are available in Komoka. Intensification is encouraged by provincial policy as well as the County and Middlesex Centre official plans and is the preferred form of development because it promotes more efficient use of land and infrastructure and reduces the need for expansion of settlement area boundaries. The subject property is in an appropriate location for intensification within the village and would promote compact form and more appropriate development standards for residential lots having access to full municipal services. The site-specific Urban Residential First Density (UR1-4) zone that applies to the lot requires a minimum lot frontage of 15 metres (49 ft) and a minimum lot area of 450 square metres (4,844 sq ft). The requested lot frontages and lot areas for the parcels proposed to be severed and retained exceed the minimum requirements of the site-specific Urban Residential First Density (UR1-4) zone.
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Given that the shortest road frontage of the lot proposed to be retained would be along Springer Street, the rear yard of the lot proposed to be retained would be immediately west of the residence at 129 Erie Avenue. The minimum rear yard setback in the subject zone is 8 metres (26.2 ft) and it appears that this setback may be slightly deficient. Staff thus recommend that the Owners be requested to provide confirmation of this setback distance from an Ontario Land Surveyor and to apply for the necessary Minor Variance to recognize any reduction, should it be required. A number of technical items have been identified through the review of the application and staff recommend that these be addressed through conditions of approval. The items include, among others, confirmation of the state of the water and sanitary sewer services to the lot proposed to be severed, possible relocation of overhead power lines that service adjacent residences from the proposed severed lot, provision of a lot grading and building envelope plan as well as the establishment of a noise warning clause on the title of the lot proposed to be severed and the use of appropriate standards of construction in accordance with CN Railway standards given the location of a railway corridor to the north of the subject property.
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
