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HomeMy WebLinkAboutPLN 13-23Report to Planning & Development Committee Report Number: PLN 13-23 Date: June 5, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 01/21 596857 Ontario Inc. 1279 and 1281 Commerce Street Recommendation: 1. That Zoning By-law Amendment Application A 01/21, submitted by 596857 Ontario Inc., to permit a future severance of the subject lands to create a total of four lots for detached dwellings, on the lands municipally known as 1279 and 1281 Commerce Street be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 13-23, be finalized and forwarded to Council for enactment. Executive Summary: The subject lands comprise two separate properties located at the southeast corner of Commerce Street and Front Road, within the Bay Ridges Neighbourhood (see Location Map, Attachment #1). 596857 Ontario Inc. has submitted an application for Zoning By-law Amendment, to facilitate a future severance of the subject lands for detached dwellings. The original proposal included a total of five lots, comprising four lots fronting Front Road and one lot fronting Commerce Street (see Original Site Plan, Attachment #3). Through collaboration between City staff and the applicant, the proposal has been revised to address various technical comments and concerns identified through the public consultation process. Additionally, the applicant has revised the proposed zoning standards, to ensure the proposed lot sizes and scale and massing of the future dwellings are in keeping with the established neighbourhood character. Key changes to the proposal include: reducing the number of lots from five to four; increasing the minimum lot area and lot frontage; increasing the minimum front yard and interior side yard setbacks; and reducing the maximum lot coverage (see Revised Site Plan, Attachment #4). Staff support the proposed zoning by-law amendment, on the basis that the reconfiguration of the proposed lots and the revised zoning standards will ensure that the final built form is compatible with the existing neighbourhood. The proposal implements the policies of the Official Plan and the recommendations of the Infill and Replacement Housing Study. Concerns were raised by area residents regarding the size, safety and use of the proposed rooftop amenity areas. These matters have been satisfactorily addressed by the applicant, including proposing a maximum area of 52 square metres for the rooftop amenity space, to be implemented through the site-specific zoning by-law. PLN 13-23 June 5, 2023 Subject: Zoning By-law Amendment Application A 01/21 Page 2 596857 Ontario Inc. Staff recommend that the implementing by-law, containing the standards set out in Appendix I to this report, be finalized and brought before Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1. Background 1.1 Property Description The subject lands comprise two separate properties located at the southeast corner of Commerce Street and Front Road, within the Bay Ridges Neighbourhood (see Location Map, Attachment #1). The properties have a combined area of approximately 0.166 of a hectare, with a combined frontage of 52 metres along Commerce Street and 47 metres of frontage along Front Road. 1279 Commerce Street contains a single-storey detached dwelling and two sheds located in the rear and flankage yards. 1281 Commerce Street contains a vacant, two-and-a-half-storey detached dwelling and a shed located in the rear yard. All existing structures on both properties are proposed to be demolished (see Air Photo Map, Attachment #2). The surrounding land uses are as follows: North & East: To the north and east are existing one, two and three-storey detached dwellings fronting onto Commerce Street and Pleasant Street. South: Immediately to the south is a recently constructed three-storey detached dwelling fronting Front Road. Further south are one, two and three-storey detached dwellings fronting Front Road. West: To the west, across Front Road, is Progress Frenchman's Bay East Park, the Waterfront Trail and Lake Ontario. 1.2 Applicant’s Proposal The applicant has submitted an application for Zoning By-law Amendment to facilitate a future severance of the subject lands for detached dwellings. The applicant initially proposed to sever the lands to create a total of five lots, comprising four lots fronting Front Road and one lot fronting Commerce Street (see Original Site Plan, Attachment #3). Through discussions between City staff and the applicant, the proposal has been revised to address various technical comments and concerns identified through the public consultation process (see Revised Site Plan, Attachment #4, Elevations, Attachments #5 and #6 and Conceptual Renderings, Attachments #7 and #8). Below is a summary of the key changes made to the proposal: PLN 13-23 June 5, 2023 Subject: Zoning By-law Amendment Application A 01/21 Page 3 596857 Ontario Inc. • the number of proposed lots has been reduced from five to four, resulting in three lots fronting Front Road and one lot fronting Commerce Street; • as a result of reducing the number of lots, the lot areas have increased from an average of 333 square metres to an average of 414 square metres, and lot frontages have increased from an average of 10.5 metres to an average of 14.0 metres; • the proposed front yard setback for the three dwellings fronting Front Road has increased from 6.0 metres to 8.5 metres, which is more in line with the setback of existing dwellings along Front Road; • the proposed interior side yard setbacks have increased from 0.45 of a metre on both sides to 1.5 metres on one side and 0.6 of a metre on the other side; • the proposed lot coverages have been reduced from an average of 40 percent to an average of 34 percent; and • a maximum area of 52 square metres is proposed for the rooftop amenity space. To facilitate the proposed development, the applicant is requesting site-specific zoning exceptions, including a reduction to the minimum lot area and lot frontage, and an increase in the maximum building height and lot coverage. The proposed development will be subject to a future land division application with the Region of Durham. 2. Comments Received 2.1 May 3, 2021 Statutory Public Meeting and Written Comments An electronic statutory public meeting was held on May 3, 2021, where two residents spoke at the meeting. In addition, the City has received 10 written comments from the public. Six area residents expressed support for the proposal, and provided the following comments: • stated that the dwellings will be a substantial improvement to the street and will increase property values in the neighbourhood; • stated that the building height, massing and style of the dwellings are consistent with newly built dwellings along Commerce Street and Front Road; • stated that the existing structures on the subject properties are unsafe and need to be torn down; and • stated that because Commerce Street slopes down towards Front Road, the 3-storey design of the dwellings will not have a looming effect on adjacent properties and will be in keeping with the massing of neighbouring dwellings. Six area residents expressed concerns about the proposal, and provided the following comments: • concerned that the design of the dwellings is not in keeping with the architectural style of the waterfront or the Nautical Village theme and that the proposal will negatively impact the aesthetics of the neighbourhood; PLN 13-23 June 5, 2023 Subject: Zoning By-law Amendment Application A 01/21 Page 4 596857 Ontario Inc. • concerned that the proposed zoning standards are not in keeping with the guidelines of the Infill and Replacement Housing Study; • concerned that the dwellings may block views of the lake and sunshine from Commerce Street; • concerned that the proposed building height of the dwellings will diminish privacy on neighbouring properties; • concerned that the rooftop amenity areas will create issues for overlooking onto neighbouring yards; • concerned that the construction of the new dwellings will create noise and dirt for an extended period of time; • concerned that the development will increase traffic in the area; • stated that the proposed maximum lot coverage and maximum building height are not in keeping with the neighbourhood; • stated that five lots are too dense for the subject properties and that three or four lots would be more suitable; • concerned that the rooftop amenity areas will allow for dangerous rooftop structures to be erected, which will be subject to constant and strong winds; • concerned that the proposed rooftop amenity areas appear to have no railings; and • concerned with the potential use of the rooftop amenity areas (e.g., used for parties or other unconventional uses that are not typically seen in a residential area). Questions raised by members of the Planning & Development Committee at the meeting related to the functionality of the proposed rooftop walkouts, rooftop amenity space and green roofs. 2.2 Agency Comments 2.2.1 Region of Durham • no objections to the proposal; and • the applicant has satisfied the Region’s concerns regarding archaeology and site contamination on the site. 2.3 Comments from City Departments 2.3.1 Engineering Services • no objections to the proposal; and • matters including, but not limited to, tree planting, boulevard restoration, construction management, road restoration and conveyance of a daylighting triangle will be dealt with through the future land division application. 2.3.2 Sustainability On September 20, 2022, City Council adopted new Integrated Sustainable Design Standards for all new development in the City to replace the 2007 Sustainable Development Guidelines. The new standards consist of two tiers of performance PLN 13-23 June 5, 2023 Subject: Zoning By-law Amendment Application A 01/21 Page 5 596857 Ontario Inc. measures that promote sustainable site and building design. Tier 1 elements would be required for new development applications deemed complete on or after January 1, 2023. Applications submitted (deemed complete) prior to December 31, 2022, will continue to follow the 2007 Sustainable Development Guidelines and, at a minimum, achieve a minimum Level 1, or 19 points. Given that this rezoning application was received in 2021 and before the new standards were enacted, the 2007 guidelines apply. Sustainability staff have reviewed the Sustainable Development Report/Checklist, prepared by Martindale Planning Services, dated December 2020, which is based on the Sustainable Guidelines approved in 2007. Sustainability staff have no objection to the approval of this Zoning By-law Amendment application. The proposal aims to achieve a total of 19 points, which achieves the minimum Level 1 required in the guidelines. The applicant has identified the following optional sustainability elements to be incorporated within the development: • approximately 28 percent of the roof water will be captured for reuse in rain barrels; • Energy Star appliances will be used for this development; • the development is located within 800 metres of an existing mixed-use commercial development with multiple community amenities; and • the development is within the immediate vicinity of Progress Frenchman's Bay East Park and the Waterfront Trail. Sustainability staff are satisfied that the proposal complies with the Sustainable Guidelines approved in 2007. 3. Planning Analysis 3.1 The proposal conforms to the Pickering Official Plan 3.1.1 Density Targets The subject lands are located within the Bay Ridges Neighbourhood and are designated “Urban Residential Areas – Low Density Area”. This designation primarily provides for residential or related uses at a maximum net residential density of up to and including 30 units per net hectare. The proposal will result in a residential density of 24 units per net hectare. The proposal complies with the density targets within the Official Plan. 3.1.2 Liverpool Road Waterfront Node Development Guidelines The Bay Ridges Neighbourhood policies recognize that the area exhibits a unique mix of built and natural attributes that establishes the area as the Liverpool Road Waterfront Node. Lands within the Waterfront Node are to be of high-quality design with a Great Lakes Nautical Village theme, as detailed in the Liverpool Road Waterfront Node Development Guidelines. The guiding vision for the entire Liverpool Road Waterfront Node is that of a “Great Lakes Nautical Village”. The Guidelines set out detailed development standards and policies addressing the protection of views and vistas, continuance of street and block PLN 13-23 June 5, 2023 Subject: Zoning By-law Amendment Application A 01/21 Page 6 596857 Ontario Inc. patterns, provision of pedestrian-friendly built form, compliance with relevant environmental management policies, and stormwater best management practices. In the review of development proposals, the following development standards are to be considered: • new buildings should be designed to be welcoming and friendly to pedestrians through features such as front porches, high-quality landscaping of front yards, and large windows on the ground floor; • all architectural design must be of a high quality; • methodologies that include various design elements for reducing the bulk of a building’s appearance should be developed as part of the architectural design; • enhanced flankage elevations are required for corner lots; and • the materials, rooflines, design elements and details of new buildings should harmonize with the Great Lakes Nautical Village theme. The Bay Ridges Neighbourhood is an established neighbourhood. A number of the lots within the neighbourhood were created prior to the passing of Zoning By-law 2511, as amended, which governs the subject lands and surrounding area. As such, the lot frontages and lot areas of parcels within this neighbourhood vary greatly. Looking specifically at the subject lands and surrounding area, the existing lots to the south of the subject lands, along Front Road, have areas ranging between 312 and 734 square metres, with an average lot area of 416 square metres. Lot frontages range between 6.0 and 20.0 metres, with an average lot frontage of 10.4 metres. The existing lots to the north and east of the subject lands, along Front Road and Commerce Street, have areas ranging between 242 and 1,276 square metres, with an average lot area of 621 square metres. Lot frontages range between 6.7 and 19.0 metres, with an average lot frontage of 12.7 metres. As noted above, the applicant has reduced the number of proposed lots from five to four. As a result of eliminating one lot, the proposed lot areas and lot frontages have increased. Under the original proposal, lot areas ranged between 279 and 486 square metres, with an average lot area of 333 square metres. Lot frontages ranged between 9.1 and 13.0 metres, with an average lot frontage of 10.5 metres. Under the revised proposal, lot areas range between 359 and 508 square metres, with an average lot area of 414 square metres. Lot frontages range between 11.8 and 16.7 metres, with an average lot frontage of 14.0 metres. The lot areas and lot frontages for the revised proposal are more in keeping with the average lot frontages and areas within the surrounding neighbourhood. In addition, as a result of increasing the size of the lots, the applicant has more flexibility in regard to the siting of dwellings on the lots. Under the revised proposal, the applicant has increased the minimum front and side yard setbacks and reduced the maximum lot coverages, to be more in keeping with the built form of neighbouring dwellings. The design objectives of the Liverpool Road Waterfront Node Development Guidelines have been addressed through the revised proposal. PLN 13-23 June 5, 2023 Subject: Zoning By-law Amendment Application A 01/21 Page 7 596857 Ontario Inc. 3.2 Council approved Official Plan and Zoning By-law Amendments to implement the Infill and Replacement Housing in Established Neighbourhoods Study On September 28, 2020, City Council endorsed the recommendations of the Infill and Replacement Housing in Established Neighbourhoods Study (the Infill Study) and adopted the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts. The recommendations of the Infill Study provide direction for the preparation of appropriate planning implementation tools to facilitate a transition between existing houses and new construction occurring in the City’s established neighbourhoods. On September 27, 2021, City Council adopted Official Plan Amendment (OPA) 40 to implement the recommendations of the Infill Study and enacted By-law 7872/21 (the Infill By-law) to amend Zoning By-law 2511, to rezone all lands within the Established Neighbourhood Precincts to an “Established Neighbourhood Precinct Overlay Zone” category. The amending Infill By-law introduces new provisions for yard setbacks, building height, lot coverage and other zoning standards to ensure new built form is compatible with existing built form. City Council also adopted the Revised Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts. On January 24, 2022, City Council adopted another Zoning By-law Amendment, (By-law 7900/22), to reinstate a maximum building height of 9.0 metres for all lands within the Established Neighbourhood Precincts. The City has received appeals to OPA 40 and both of the Infill By-laws. An Ontario Land Tribunal (OLT) hearing has been scheduled for 15 days commencing July 17, 2023. 3.3 The proposal maintains the recommendations of the Infill and Replacement Housing in Established Neighbourhoods Study The subject lands are located within an Established Neighbourhood Precinct for the Bay Ridges Neighbourhood. One of the policies introduced through OPA 40 states that when considering applications for the development of infill dwellings within an Established Neighbourhood Precinct, City Council shall require that such development complement and be compatible with the character of the Established Neighbourhood Precinct. This includes minimizing the impacts associated with building height, massing and scale, privacy, overlook and shadowing on neighbouring properties; reinforcing the established pattern of existing side yard setbacks and separation distances between dwellings as observed from the street; reinforcing the established pattern of existing lot widths and lot coverage in the Established Neighbourhood Precinct; and reinforcing the established pattern of front yard setbacks on the street. Attachment #9 to this report provides a comparison of the proposed zoning standards for the subject lands, the zoning standards of Zoning By-law 2511 and the Infill By-law, and the existing built form of neighbouring dwellings. The zoning standards for the proposed lots are in accordance with the standards of the Infill By-law in regards to maximum dwelling depth, maximum elevation of the front entrance and maximum driveway width. PLN 13-23 June 5, 2023 Subject: Zoning By-law Amendment Application A 01/21 Page 8 596857 Ontario Inc. 3.3.1 Front Yard Setback Under the Infill By-law, the minimum front yard setback is equal to the shortest existing front yard setback of the dwellings on the immediately abutting lots located along the same side of the street and within the same block. The purpose of this provision is to ensure that new dwellings have regard for the setback of existing dwellings and to maintain a visually attractive streetscape. For the proposed development, the applicant is requesting a minimum front yard setback of 8.5 metres for the three lots fronting Front Road. The dwelling immediately to the south of the subject lands, fronting Front Road, also has a front yard setback of 8.5 metres. Other dwellings to the south, along Front Road, have front yard setbacks ranging between 6.8 and 11.5 metres, with an average front yard setback of 8.6 metres. For the proposed lot fronting Commerce Street, the applicant is requesting a minimum front yard setback of 5.0 metres to the wall of the dwelling and a setback of 1.8 metres to the front porch. The dwelling immediately to the east of the subject lands, along the same side of Commerce Street, also has a reduced front yard setback, with the front porch being located approximately 1.8 metres from the front lot line. Other dwellings to the east, along the same side of Commerce Street, have front yard setbacks ranging between 1.1 and 2.3 metres, with an average front yard setback of 1.7 metres. The front yard setbacks for the proposed development are in keeping with the existing siting pattern of dwellings along Front Road and Commerce Street. As such, the intent of the Infill By-law, to ensure that new dwellings have regard for the setback of existing dwellings and to maintain a visually attractive streetscape, is being met. 3.3.2 Lot Coverage The Infill By-law maintains a maximum permitted lot coverage of 33 percent, which is in keeping with the maximum permitted lot coverage of 33 percent in Zoning By-law 2511. Existing dwellings in the surrounding area, including to the south of the subject lands along Front Road and the north and east of the subject lands along Front Road and Commerce Street, have lot coverages ranging between 10 and 38.6 percent. The average lot coverage within this area is 27 percent. Newly constructed dwellings within the area generally have lot coverages ranging between 34 and 38.6 percent, with an average lot coverage of 31 percent. Two dwellings, located at 1284A and 1284B Commerce Street received approval from the Committee of Adjustment in 2018 (File P/CA 35/18 and P/CA 34/18) to permit maximum lot coverages of 38.6 percent. Under the original proposal, the applicant was requesting a maximum lot coverage of 45 percent. Following comments received from staff and area residents, the applicant reduced the proposed maximum lot coverage from 45 percent to 30 percent for Lots 1 and 3 and 38 percent for Lots 2 and 4. The reduced lot coverages are more in keeping with the existing built form of neighbouring dwellings. PLN 13-23 June 5, 2023 Subject: Zoning By-law Amendment Application A 01/21 Page 9 596857 Ontario Inc. 3.3.3 Building Height The Infill By-law permits a maximum building height of 9.0 metres. Existing dwellings in the surrounding area, including to the south of the subject lands along Front Road and the north and east of the subject lands along Front Road and Commerce Street, have building heights ranging between approximately 7.0 and 11.3 metres, with a range of one, two and three-storey dwellings. Newly constructed dwellings within the area have building heights ranging between 9.4 and 11.3 metres, with an average building height of 10.2 metres. Two dwellings, located at 1284A and 1284B Commerce Street received approval from the Committee of Adjustment in 2018 (File P/CA 35/18 and P/CA 34/18) to permit a maximum building height of 10.2 and 9.4 metres, respectively. The dwelling immediately to the south of the subject lands (681 Front Road) received approval from the Local Planning Appeal Tribunal (LPAT) in 2018 (LPAT No. PL180525), to permit a maximum building height of 9.8 metres. Additionally, the dwelling immediately to the north of the subject lands (1278 Commerce Street) has a building height of 9.3 metres. For the proposed development, the applicant is requesting a maximum building height of 9.6 metres, measured from established grade to the top of the flat roof. This proposed height is in keeping with a number of existing dwellings in the immediate area. Under Zoning By-law 2511, a penthouse, tower, cupola, steeple or other roof structure which is used as an ornament or to house the mechanical equipment of a building is excluded from the calculation of total building height. However, under the Infill By-law, roof structures, such as to house the mechanical equipment of a building or a penthouse, are included in the calculation of total building height. For the proposed development, the applicant is requesting that the rooftop walkouts (which do not house mechanical equipment) and the railings associated with the rooftop amenity areas be excluded from the calculation of total building height. The walkouts are approximately 26 square metres and 2.75 metres in height. The walkouts are setback between 3.0 and 11.0 metres from the front wall of the dwellings. Due to the setback of the walkouts from the front of the dwelling, the walkouts will have minimal visual impact from the streetscape. The applicant has indicated that the purpose of the walkouts is to access the rooftop amenity area only and that the walkouts are non-habitable spaces and do not contain mechanical equipment for the dwellings. To ensure that the walkouts will not be used for additional living space, staff are recommending that the definition of building height under the implementing zoning by-law state that any roof structure that provides livable space, such as a penthouse, be included in the calculation of building height. The applicant has worked with staff to ensure that the zoning performance standards for the proposed lots are generally in keeping with the zoning standards of the Infill By-law, and are consistent with the existing built form in the surrounding area. Staff are satisfied that the proposed lot sizes and recommended zoning standards will ensure that the size, scale, massing and setbacks of the future dwellings will be in keeping with the established neighbourhood character. PLN 13-23 June 5, 2023 Subject: Zoning By-law Amendment Application A 01/21 Page 10 596857 Ontario Inc. 3.4 The size of the rooftop amenity areas will be restricted through the implementing zoning by-law Area residents expressed concerns with proposed rooftop amenity areas. Specifically, there were concerns that the rooftop amenity areas appeared to have no railings; concerns that the rooftop amenity areas will create issues for overlooking neighbouring yards; concerns that the rooftop amenity areas will allow for dangerous rooftop structures to be erected; and concerns with the potential use of the rooftop amenity areas (e.g., used for parties or other unconventional uses that are not typically seen in a residential area). In accordance with the standards of the Ontario Building Code, the applicant is proposing railings along the rooftop amenity areas (see Elevations, Attachments #5 and #6). In addition, to mitigate any misuse of the rooftop space, the applicant is proposing a maximum rooftop amenity size of 52 square metres, to be implemented through the site-specific zoning by-law. The applicant is proposing that the remainder of the rooftop areas be intended for green roofs, for the purposes of stormwater management. To mitigate privacy and overlook concerns, the applicant has located the rooftop amenity areas at the front of the dwellings. As such, the rooftop amenity areas look out onto Front Road and Commerce Street and are located away from adjacent rear yards. In addition, the rooftop walkout structures provide an additional barrier for privacy between the amenity space and adjacent rear yards. 3.5 Technical matters to be addressed through the land division application process As noted above, the proposed development will be subject to a future land division application with the Region of Durham. Detailed design issues will be dealt with through the land division application process. These requirements will address matters such as, but not limited to: • tree preservation and removal; • drainage and grading; • satisfying parkland dedication requirements; and • municipal addressing for the new lots. 4. Zoning By-law to be finalized and forwarded to Council for enactment The applicant is requesting to rezone the subject lands to facilitate a future severance of the subject lands to create four lots for detached dwellings. Staff recommend that the implementing zoning by-law, containing the standards set out in Appendix I to this report, be finalized and brought before Council for enactment. 5. Applicant’s Comments The applicant has been advised of and concurs with the recommendations of this report. PLN 13-23 June 5, 2023 Subject: Zoning By-law Amendment Application A 01/21 Page 11 596857 Ontario Inc. Appendix Appendix I Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 01/21 Attachments: 1. Location Map 2. Air Photo Map 3. Original Site Plan 4. Revised Site Plan 5. West Elevation 6. North Elevation 7. Conceptual Rendering – Facing Southeast 8. Conceptual Rendering – Facing East 9. Zoning Provisions Comparison Chart Prepared By: Original Signed By Isabel Lima Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO IL:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 13-23 Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 01/21 The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Lot 6 and Part of Lots 5 and 7, Block E, Plan 65, City of Pickering (A 01/21) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Lot 6 and Part of Lots 5 and 7, Block E, Plan 65, in the City of Pickering to permit a severance of the lands to create a total of 4 lots for detached dwellings accessed from existing public roads; And whereas an amendment to Zoning By-law 2511, as amended, is deemed necessary to permit such development; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands being Lot 6 and Part of Lots 5 and 7, Block E, Plan 65, in the City of Pickering, designated “R4-25”, “R4-26”, “R4-27” and “R4-28” on Schedule I to this By-law. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Definitions (1) “Balcony” shall mean an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. (2) “Bay, Bow, Box Window” shall mean a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which may or may not include a foundation; may or may not include a window seat; and may include a door. (3) “Daylighting Triangle” shall mean an area free of buildings, structures, fences and hedges up to 0.9 metres in height. By-law No. XXXX/23 Page 2 (4) “Deck” shall mean a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. (5) (a) “Dwelling” shall mean a building or part of a building containing one (1) or more dwelling units, but does not include a mobile home or trailer. (b) “Dwelling, detached” shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures. (6) “Dwelling Depth” shall mean the horizontal distance measured from the front wall of a dwelling to the rear wall of a dwelling, excluding any allowable projection. (7) "First Floor" shall mean the floor of a building approximately at or first above grade. (8) “Front Entrance” shall mean the principal entrance oriented towards the front lot line providing access to the interior of a dwelling from the exterior and does not include an access provided through an attached private garage. In the case of a corner lot, the principal entrance providing access to the interior of a dwelling from the exterior may be oriented towards the side lot line that is adjacent to the street, or abutting on a reserve on the opposite side of which is a street. (9) “Grade” or “Established Grade” shall mean, when used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building; and when used with reference to a structure, shall mean the average elevation of the finished level of the ground surrounding such structure, exclusive in both cases of any artificial embankment. (10) “Height, Building” shall mean the vertical distance between the established grade, at the front of the house, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height between eaves and ridge. A rooftop walkout that does not house mechanical equipment for a dwelling, and railings associated with a rooftop amenity area shall not be included in the calculation of building height. Roof structures that provide livable space, such as a penthouse, shall be included in the calculation of building height. (11) (a) “Lot” shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision. (b) “Lot Coverage” shall mean the combined areas of all the buildings on a lot measured at the level of the first floor and expressed as a percentage of the lot area, including covered platforms such as covered porches and covered decks, but excluding eaves, belt courses, chimney breasts, sills or cornice projections, and balconies. By-law No. XXXX/23 Page 3 (c) “Lot Frontage” shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line. (12) “Porch” shall mean a roofed deck or portico structure attached to the exterior wall of a building, a basement may be located under the porch. (13) “Private Garage” shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise. (14) “Storey” shall mean the portion of a building other than a basement, cellar, or attic, included between the surface of any floor, and the surface of the floor, roof deck or ridge next above it. (15) “Wall, Front” shall mean a primary exterior wall of a building, not including permitted projections, which contains the primary entrance door. (16) (a) “Yard” shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon. (b) “Front Yard” shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot. (c) “Front Yard Depth” shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot. (d) “Rear Yard” shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. (e) “Rear Yard Depth” shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. (f) “Side Yard” shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot. (g) “Side Yard Width” shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot. (h) “Flankage Side Yard” shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street. By-law No. XXXX/23 Page 4 (i) “Flankage Side Yard Width” shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot. (j) “Interior Side Yard” shall mean a side yard other than a flankage side yard. 5. Permitted Uses and Zone Regulations (“R4-25”, “R4-26”, “R4-27”, “R4-28” Zones) (1) Permitted Uses (“R4-25”, “R4-26”, “R4-27”, “R4-28” Zones) No person shall, within the lands zoned “R4-25”, “R4-26”, “R4-27” or “R4-28” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Detached dwelling (2) Zone Requirements (“R4-25”, “R4-26”, “R4-27”, “R4-28” Zones) No person shall, within the lands zoned “R4-25”, “R4-26”, “R4-27” or “R4-28” on Schedule I to this By-law, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: “R4-25” “R4-26” “R4-27” “R4-28” (a) Lot Area (minimum) 500 square metres 350 square metres 400 square metres 350 square metres (b) Lot Frontage (minimum) 14.0 metres 11.0 metres 16.0 metres 12.0 metres (c) Front Yard Depth (minimum) 8.5 metres 5.0 metres (d) Side Yard Width (minimum) (i) 1.5 metres on one side, 0.6 of a metre on the other side (ii) 1.5 metres where the other side yard is a flankage side yard (e) Flankage Side Yard Width (minimum) 3.0 metres (f) Rear Yard Depth (minimum) 7.5 metres 5.0 metres (g) Dwelling Depth (maximum) (i) For lots with depths up to and including 40 metres: 17 metres (ii) For lots with depths greater than 40 metres: 20 metres By-law No. XXXX/23 Page 5 “R4-25” “R4-26” “R4-27” “R4-28” (h) Front Entrance (maximum elevation) The maximum elevation of the front entrance shall be 1.2 metres above the average grade, which is measured along the front wall of the dwelling, to the top of the platform (covered or uncovered) immediately outside of the front entrance. (i) Building Height (maximum) 9.6 metres (j) Lot Coverage (maximum) 30 percent 38 percent 30 percent 38 percent (k) Parking Requirements (minimum) A minimum of 2 parking spaces per dwelling unit, one of which must be provided within an attached private garage. (l) Driveway Width (maximum) 6.0 metres (m) Garage Requirements (minimum) A minimum of one private garage per lot attached to the main building, the vehicular entrance of which shall be located no less than 6.0 metres from the front lot line or flankage lot line. (n) Interior Garage Size (minimum) Each parking space within a private garage shall have a minimum width of 2.9 metres and a minimum depth of 6.0 metres. However, the width may include one interior step and the depth may include two interior steps. (o) Rooftop Amenity Area (maximum) 52 square metres Special Provisions (“R4-25”, “R4-26”, “R4-27”, “R4-28” Zones) (a) uncovered and covered unenclosed porches and associated stairs not exceeding 1.2 metres in height above established grade may encroach a maximum of: (i) 1.5 metres into the required front yard within the lands zoned “R4-25”, “R4-26” or “R4-27” on Schedule I to this By-law; and (ii) 3.2 metres into the required front yard within the lands zoned “R4-28” on Schedule I to this By-law; (b) uncovered and covered unenclosed porches and associated stairs not exceeding 1.2 metres in height above established grade may encroach a maximum of 2.4 metres into the required flankage side yard; By-law No. XXXX/23 Page 6 (c) uncovered and covered balconies may encroach a maximum of 2.0 metres into the required front yard, within the lands zoned “R4-28” on Schedule I to this By-law; (d) uncovered and covered decks and associated stairs not exceeding 3.0 metres in height above established grade may encroach a maximum of: (i) 4.0 metres into the required rear yard within the lands zoned “R4-25”, “R4-26” or “R4-27” on Schedule I to this By-law; and (ii) 2.5 metres into the required rear yard within the lands zoned “R4-28” on Schedule I to this By-law; (e) balconies located above the first floor projecting or recessed in the rear are prohibited, excluding a juliette balcony; (f) a bay, box or bow window, with or without foundation, having a width of up to 4.0 metres may encroach a maximum of 0.6 of metre into any required yard; (g) window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eaves troughs, and other similar architectural features may project a maximum of 0.6 of a metre into any required yard and are required to be setback a minimum of 0.6 of a metre from the interior side lot line; (h) where a lot abuts a daylighting triangle, the setback provisions shall be measured as if the daylighting triangle did not exist; (i) no parking space shall be permitted within 3.0 metres of a daylighting triangle; and (J) Section 6.6 of By-law 2511, related to Corners Lots, shall not apply. 6. By-law 2511 By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. By-law No. XXXX/23 Page 7 7. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXth day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk R4-25 R4-27 R4-28R4-26 F r o n t R o a d Commerce Street Clerk Mayor Schedule I to By-Law Passed This Day of i N XXXX/23XXrd XXXX 2023 39.6m 12.0m 1 5 . 1 m 1 2 . 0 m 1 9 . 7 m 33 . 3 m 15.7m 10.8m 9.4m 34.1m 29.7m 14 . 1 m 11 . 2 m 9. 9 m 2.5m Attachment #1 to Report PLN 13-23 Li v e r p o o l R o a d Do u g l a s A v e n u e Browning Avenue Ilona Park Road Fa i r v i e w A v e n u e Annland Street F r o n t R o a d Luna Court Monica Cook Place Commerce Street Broadview Street Wharf Street Pl e a s a n t S t r e e t Old Orc hard A venue Progress Frenchman's Bay East Park Frenchman's Bay Rate Payers Memorial Park © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City Development Department Location MapFile:Applicant:A 01/21 Date: Apr. 06, 2021 ¯ E 596857 Ontario Inc. 1279 1281 SubjectLands L:\PLANNING\01-MapFiles\A\2021\A 01-21 - 5968567 Ontario Inc\A01_21_LocationMap.mxd 1:4,000 SCALE: THIS IS NOT A PLAN OF SURVEY. 1279 and 1281 Commerce StreetMunicipal Address: Attachment #2 to Report PLN 13-23 Li v e r p o o l R o a d Do u g l a s A v e n u e Gull Crossing Browning Avenue Ilona Park Road Fa i r v i e w A v e n u e Annland Street S i m p s o n A v e n u e W a t e r p oint Street F r o n t R o a d S t Martins Drive Luna Court Monica Cook Place Commerce Street Broadview Street Wharf Street Pl e a s a n t S t r e e t Bayview Street Old Orc hard A venue 1:4,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City Development Department THIS IS NOT A PLAN OF SURVEY. Date: Apr. 06, 2021 L:\PLANNING\01-MapFiles\A\2021\A 01-21 - 5968567 Ontario Inc\A01_21_AirPhoto.mxd ¯ E SubjectLands A 01/21 596857 Ontario Inc. 1279 and 1281 Commerce Street File:Applicant:Municipal Address: Air Photo Map 1279 1281 Attachment #3 to Report PLN 13-23 L:\Planning\01-MapFiles\A\2021 April 12, 2023DATE: Applicant: File No: Original Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 01/21 596857 Ontario Inc. Municipal Address: 1279 and 1281 Commerce Street N Attachment #4 to Report PLN 13-23 L:\Planning\01-MapFiles\A\2021 April 12, 2023DATE: Applicant: File No: Revised Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 01/21 596857 Ontario Inc. Municipal Address: 1279 and 1281 Commerce Street N Attachment #5 to Report PLN 13-23 L:\Planning\01-MapFiles\A\2021 April 12, 2023DATE: Applicant: File No: West Elevation FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 01/21 596857 Ontario Inc. Municipal Address: 1279 and 1281 Commerce Street Attachment #6 to Report PLN 13-23 L:\Planning\01-MapFiles\A\2021 April 12, 2023DATE: Applicant: File No: North Elevation FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 01/21 596857 Ontario Inc. Municipal Address: 1279 and 1281 Commerce Street Attachment #7 to Report PLN 13-23 L:\Planning\01-MapFiles\A\2021 April 12, 2023DATE: Applicant: File No: Conceptual Rendering - Facing Southeast FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 01/21 596857 Ontario Inc. Municipal Address: 1279 and 1281 Commerce Street Attachment #8 to Report PLN 13-23 L:\Planning\01-MapFiles\A\2021 April 12, 2023DATE: Applicant: File No: Conceptual Rendering - Facing East FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 01/21 596857 Ontario Inc. Municipal Address: 1279 and 1281 Commerce Street Provision Proposed Zoning Standards (A 01/21) Existing “R4” Zone Standards (By-law 2511) Infill & Replacement Housing (By-laws 7872/21 & 7900/22) Built Form of Neighbouring Lots/Dwellings Dwellings to the South (along Front Road) Dwellings to the North & East (along Front Road & Commerce Street) Lot Area (min) Range between 359 and 508 square metres (Average: 414 m2) 460 square metres - Range between 312 and 734 square metres (Average: 416 m2) Range between 242 and 1276 square metres (Average: 621 m2) Lot Frontage (min) Range between 11.8 and 16.7 metres (Average: 14.0 m) 15 metres - Range between 6.0 and 20.0 metres (Average: 10.4 m) Range between 6.7 and 19.0 metres (Average: 12.7 m) Front Yard Depth (min) 8.5 metres for the lots fronting Front Road and 5.0 metres for the lot fronting Commerce Street 7.5 metres Minimum: Equal to the shortest existing front yard setback of the dwellings on the immediately abutting lots located along the same side of the street and within the same block. Maximum: Not more than 1.0 metre beyond the average of the existing front yard setback of the dwellings on the immediately abutting lots located along the same side of the street and within the same block. Range between 6.8 and 11.5 metres (Average: 8.6 m) Range between 1.1 and 10.0 metres (Average: 5.7 m) Interior Side Yard Width (min) 1.0 metre on one side, 0.6 of a metre on the other side 1.5 metres - Range between 0.2 and 3.3 metres (Average: 1.3 m) Range between 0.2 and 8.3 metres (Average: 1.9 m) Rear Yard Depth (min) 7.5 metres and 5.0 metres for the irregular shaped lot along Commerce Street 7.5 metres - Range between 1.5 and 22 metres (Average: 13.2 m) Range between 7.5 and 33 metres (Average: 17.7 m) Attachment #9 to Report PLN 13-23 Provision Proposed Zoning Standards (A 01/21) Existing “R4” Zone Standards (By-law 2511) Infill & Replacement Housing (By-laws 7872/21 & 7900/22) Built Form of Neighbouring Lots/Dwellings Dwellings to the South (along Front Road) Dwellings to the North & East (along Front Road & Commerce Street) Building Height (max) 9.6 metres (not including 2.75 metre rooftop walkout) 9.0 metres 9.0 metres The majority of dwelling heights are unknown. Dwellings along Front Road range between 1 and 3 storeys. A newly constructed dwelling along Front Road has a building height of 9.8 metres. Range between 7.0 and 11.3 metres (Average: 9.1 m) Lot Coverage (max) Range between 30 and 38 percent (Average: 34 percent) 33 percent 33 percent Range between 22 and 37 percent (Average: 28%) Range between 10 and 38.6 percent (Average: 26.4%) Dwelling Depth (max) For lots with depths up to and including 40 metres: 17 metres For lots with depths greater than 40 metres: 20 metres - For lots with depths up to and including 40 metres: 17 metres For lots with depths greater than 40 metres: 20 metres Unknown Unknown Front Entrance (max elevation) The maximum elevation of the front entrance shall be 1.2 metres above the average grade, which is measured along the front wall of the dwelling, to the top of the platform (covered or uncovered) immediately outside of the front entrance. - The maximum elevation of the front entrance shall be 1.2 metres above the average grade, which is measured along the front wall of the dwelling, to the top of the platform (covered or uncovered) immediately outside of the front entrance. Unknown Unknown Driveway Width (max) 6.0 metres - 6.0 metres Unknown Unknown