Character area zoning changes upheld by Ontario Municipal Board

A city council decision to change zoning to protect defined Character Areas and low density neighbourhoods has been upheld by the Ontario Municipal Board. It had been appealed by several local builders.

The new zoning restricts the size of homes on smaller lots in residential areas.

Lot Coverage & Floor Area Ratio:

Homes in low density residential areas that have a 25% lot coverage restriction will now also be subject to a Floor Area Ratio (FAR) calculation. Homes with higher lot coverage of 35-40% are not affected by the FAR change.

Lot coverage deals with how much land is covered by a building. FAR deals with the overall mass of the building, and is a ratio of lot coverage to height. Using FAR, when a building gets higher, the building shrinks in (so the lot coverage gets smaller).

The FAR for homes will be .45:1 for all homes with a 25% lot coverage restriction (includes most neighbourhoods in Ward 2). In Shoreacres, the FAR is .4:1

In addition, the maximum depth of a dwelling will be 18m measured from building wall closest to front lot line to building wall closest to rear lot line.

The above changes to lot coverage, FAR and dwelling depth do not apply to properties with a front or street side yard abutting Lakeshore Road and North Shore Boulevard, and all properties south of Lakeshore Road and North Shore Boulevard (excluding Indian Point Character Area).

The end result of adding Floor Area Ratio is to reduce the size of houses on smaller lots by roughly 5-10% depending on how it is calculated. Staff increased FAR for larger lots.

Design controls:

In addition, some elements of design guidelines were moved into zoning to give them more legal weight. Guidelines are not enforceable; changes to zoning require a minor variance or rezoning, both of which require public notice and public meetings.

Design changes include:

• Decks located above the first storey in the side and rear yard of detached dwellings are not permitted. Does not apply to Uptown Centre, Orchard Community and Alton Community zones.
• Balconies located above the first storey in the side and rear yard of detached dwellings are not permitted. Does not apply to Uptown Centre, Orchard Community and Alton Community zones.
• On building elevations facing a street, the height of columns on the first storey shall not exceed the height of the ceiling of the first storey.
• The width of a front loading attached garage shall not exceed 50% of the width of its building elevation.
• An attached garage with a garage door facing the street is not permitted to project beyond the front wall on the first storey of a dwelling.

Character Area Studies

The changes were implemented as part of recommendations arising from the Character Area Studies conducted for Roseland, Shoreacres and Indian Point neighbourhoods. In conducting these neighbourhood-specific studies, staff also considered changes that would benefit other residential neighbourhoods.

Residents in the Seneca/Delaware neighbourhood of Ward 2 had asked for their own Character Area Study, but instead of taking the time (up to three years in one case) and spending tens of thousands on new character studies, staff advised that they would bring back recommended changes to other residential low density areas that they considered appropriate.

Council vote and OMB Decision

Council voted 4-3 in December to approve the Character Area Studies, as well as several changes that affect all residential low density areas.

At the vote, council heard from a number of builders who had just learned of the Floor Area Ratio and reduction in building size, and asked council to defer that part of the decision for further public consultation. Two council members moved and seconded a motion to defer the entire package, but that failed 4-3 after staff advised that everything would have to be delayed; we couldn’t separate out and just defer  the FAR.

The council decision has now been upheld by Ontario Municipal Board. You can read the decision here:

Decision: PL170186-OCT-20-2017 

My Take: I supported approving the entire package. I have had overwhelming feedback from residents in Ward 2 requesting greater controls on house sizes on small lots and more opportunity for public input. Their view is that some recent builds have been too large for the properties, even though many complied with existing zoning. I also heard from residents wanting greater controls over design, namely to move design matters from “guidelines” which are not enforceable into the zoning bylaw. The recommendations prepared by staff are a balanced step in this direction. Changes can still be made to the regulations, but now the public will have a voice on items that previously they did not.