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HomeMy WebLinkAboutPD 07-11 Report to ' Planning & Development Committee &N~ PICKERAI Report Number: PD 07-11 Date: March 7, 2011 51 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 9/10 M. Rajadurai .1975 Guild Road (Lots 36 and 37, Plan 316) City of Pickering Recommendation: 1. That Report PD 07-11 of the. Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 9/10 submitted by Muky Rajadurai to amend the zoning of the subject property to an "R4" - Fourth Density Residential zone to permit the creation of two lots with minimum frontage of 15.0 metres on lands being Lots 36 and 37, Plan 316, City of Pickering be approved; and 3. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 9110, as set out in Appendix I to Report PD 07-11, be forwarded to City Council for enactment. Executive Summary: The applicant proposes to amend the existing "R3" Residential zoning, which requires 'a minimum lot frontage of 18.0 metres, to an "R4" Residential zoning in order to facilitate a future severance application to create two residential lots with a minimum lot frontage of 15.0 metres on Guild Road (see Location Map and Applicant's Submitted Plan, Attachments #1 & #2). The subject property currently supports a detached dwelling which is intended to be demolished. The recommended zoning for this application will establish performance standards for the subject lands which will permit the development of two lots that are compatible with the surrounding neighbourhood and conform to the Pickering Official Plan. The proposed by-law contains requirements that restrict dwelling height and garage projections to ensure compatibility of any future development. The City's development requirements will be addressed through any future land severance application. It is recommended that this application be approved and the draft by-law amendment be forwarded to Council for enactment. Report PD 07-11 March 7, 2011 Subject: Zoning By-law Amendment Application (A 9/10) Page 2 52 Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: Staff's review of the application against the City's Draft Sustainable Development Guidelines resulted in a score below the Level 1 standard. Given the small scope of the application and the infill nature of the project, there is limited opportunity to achieve a Level 1. The proposed development will take advantage of the existing infrastructure and services within the City's urban area. The applicant intends to preserve existing trees on the property to the greatest extent possible, and to undertake remedial planting. Further opportunities exist for the builder to consider sustainable options in the construction process. 1.0 Comments Received: 1.1 At the January 4, 2011 Public Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 & #4) Two area residents spoke at the Public Information Meeting. One resident expressed concerns with noise and timing of construction, potential property damage, the proximity of existing driveways, a decrease in property value, and the character of the proposed dwellings. Another resident expressed concerns that the wholesale redevelopment of the area would be preferable to properties being redeveloped individually overtime and that this application would make his property less desirable. 1.2 Following the Public Information Meeting A letter was received from an area resident expressing concerns that the proposed dwelling may be out of character with the smaller homes on the street (see Attachment #5). 1.3 Agency Comments Durham Region Planning - there are no matters of provincial interest Department applicable to this application - municipal water and sanitary sewer services are available to the subject property - proposal does not present any significant Durham Region Transit or transportation impacts (see Attachment #6) Engineering Services - traffic data suggests that a proposed second Division driveway will not have a significant impact on traffic safety and operation (see Attachment #7) Veridian Connections - no objection Report PD 07-11 March 7, 2011 Subject: Zoning By-law Amendment Application (A 9/10) Page 3 53 2.0 Discussion: If the proposed zoning amendment is approved, the applicant proposes to demolish the existing dwelling at 1975 Guild Road and sever the property to create two lots for two new single-detached dwellings. Planning staff has reviewed and considered all matters brought forward in the Information Report, the Public Information Meeting and in letters submitted by the public. 2.1 The proposed development is appropriate and compatible with existing development Although the applicant's proposal does not meet the minimum density requirements of the Pickering Official Plan (30 units per net hectare for Medium Density Areas), the Plan provides for development below the minimum density if it can be demonstrated that the proposed development does not preclude future redevelopment over time to achieve the prescribed density. The proposed severance will marginally increase density in the area, by creating an additional lot. The proposed severance will not preclude future redevelopment as the proposed lots have frontages and depths consistent with the majority of existing lots on Guild Road. The subject property is one of only four properties on Guild Road that have frontages in excess of 15.5 metres. The compatibility concerns regarding the two new dwellings expressed by residents at and after the Public Meeting can be addressed through the zoning by-law and through the City's development standards. Most of the houses on Guild Road are one or two storey dwellings. Staff recommend that the zoning by-law amendment contain standards that are similar to those applied to other established residential areas in the City experiencing similar redevelopment, such as Rougemount Drive, including a height limit of two storeys (9.0 metres), and a maximum garage projection of 2.0 metres from the front wall. The neighbouring resident's concerns with the shared driveway will be dealt with through the design of the new dwelling and the performance standards in the zoning by-law. The existing driveways on the subject property and the neighbour's property are each privately owned, but immediately adjacent to one another. This is largely the result of the existing detached garage on the subject property being located at the side of the house (see Attachment #2). Because of the narrower proposed lots, the proposed dwellings on the new lots are anticipated to have attached garages. The minimum side yard widths in the zoning by-law will ensure that an attached garage, and associated new driveway, will be at least 1.5 metres from the side lot line. This provision will also be expected to be included in the required Architectural Design Statement. The applicant will be responsible for moving the existing driveway on the subject property without adversely affecting the neighbouring property. Report PD 07-11 March 7, 2011 Subject: Zoning By-law Amendment Application (A 9/10) Page 4 54 The proposed second driveway on Guild Road is not anticipated to impact traffic safety and operations. 2.2 All development matters will be addressed during the Land Division application process An acceptable Architectural Design Statement, a Tree Inventory and Preservation Plan Preliminary Grading Plan will be required at the Land Division stage. Any additional development matters will also be. dealt with through the land division application process or through standard City procedures. 2.3 By-law to be forwarded to Council The draft zoning by-law attached as Appendix I to this report implements staff's recommendation to approve the zoning amendment application. It is recommended that the draft by-law be finalized and forwarded to Council. 3.0 Applicant's Comments The property owner is aware of the recommendation of this Report. Appendix: Appendix I Draft Implementing Zoning By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Public Meeting Minutes 5. Public Comments - Sandra Simpson 6. Agency Comments - Durham Region 7. City Department Comments - Engineering Services Division j Report PD 07-11 March 7, 2011 Subject: Zoning By-law Amendment Application (A 9/.10) Page 5 J J Prepared By: Approved/Endorsed By: i Ashley Yea $d Neil. Carroll, -P JPP Planner I Director, Planning & Development Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design AY-.1d Copy: Chief Administrative Officer Recommended for the consideration of Pickering Co i1 22, 2011 Tony revedel, P. Eng Chief Administrative Officer I Appendix I to 5 Report PD 07-11 Draft Implementing Zoning By-law Amendment Application A 9/10 The Corporn Q feffity of Pickering 57 Law No. XXXX/11 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Lots 36 and 37, Plan 316, in the.City of Pickering. (A 9/10) Whereas the Council of The Corporation of the City of Pickering deems it desirable to rezone the subject property,.being Lots 36 and 37, Plan 316, in order to permit the creation of two lots for detached dwellings; And whereas an amendment to By-law 3036, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule "I" Amendment Schedule "I" to By-law 3036, is hereby amended by changing the current "R3" zoning designation to "R4 as shown on Schedule "I" attached thereto. 2. Text Amendment Section 10 - Residential Detached Dwelling Zone - R4 is hereby amended by adding the following subsection after subsection 10.3.11: 10.3.12 Lots 36 and 37, Plan 316 Despite the height requirement provisions of Section 5.9 of Restricted Area Zoning By-law 3036,.where any lot having frontage on Guild Road on lands known as Lots 36 and 37, Plan 316 in the City of Pickering, is used for a detached dwelling, the following provisions shall apply: (a) Dwelling Height (maximum): 9.0 metres (b) Attached Garage Projection beyond Front Wall of Dwelling (maximum): 2.0 metres 3. By-law 3036 By-law 3036 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 and 2 above. Definitions and subject matters not specifically dealt'with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. -2- 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-Law read a first, second, and third time and finally passed this day of 2011. David Ryan, Mayor y ff4 I Debbie Shields, City Clerk I I I - - - - - - - 59 I I I• I I I I 1 J Q o E56.4 Q 37. 1 6 M J I 0 I Q I-------- - - - - - - - O I I I I - - - - - - - - - - I I - - - - - - - - - - - - - - - - - - - 0 GCD N SCHEDULE I TQ PASSED TV Mr. DAY OF-Ml IN 2011 MAYOR` CLERK 60 o z Q o o w a o Cn ST. ANTHONY DANIEL z Y 3 v SEPARATE w o SCHOOL Li N m > w cc ~ p PIC~ - ISLA, DRIVE w z m w CEN } w Q J _ } m BEATON 0 O O U B OCK RIDGE COMMUNITY PARK I FINCH AVENUE FINCH 0 O 0 0 d O 0 J ~ Q } ~ 0 ~~NGS~oN UBJECT ° P OPERTY U O C`RCVE p DENMAR 0] City of Pickering Planning & Development Department PROPERTY DESCRIPTION Lots 36 & 37, Plan 316 007\ OWNER M. Rajadural' DATE Nov 19, 2010 DRAWN BY JB FILE No. A09/10 SCALE 1:5,000 CHECKED BY AY IV coTero noe lr cEnlerPris as Inc. ontl ita suPPlia rs. All rights Reserved. Not o Plon of survey. - PN-8 2005 MPAC ontl its suPPl~ers. All rights Reserved.NO[ a Plon of Survey. ,..1ACHIUwz:N IU VEOR7 # PDT ~7_~___~___I II Information Compiled from Applicant's Submitted Plan 61 A 09/10 M. Rajadurai EXISTING LOT 3E EXISTING DWELLING i. & GARAGE TO BE DEMOLISHED 56.3~rn • I 15.5m 15.5rn I .C9m I GUILD ROAD PROPOSED I I I I PROPOSED RETAINED LOT I PROPOSED SEVEFED LOT I I I 5639n PROPOSED; I PROPOSED DWELLING DWELLING I l I I i I 1 I 15.5m I 311,09o.) GUILD ROAD This map was produced by the City of Pickering Planning & Development Department, Planning Information Services division Mapping and Design, Nov 17, 2010. I Information Report ~i Report Number: 04-11 For Public Information Meeting of PICKERING Date: January 4, 2011 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter PA 3 Subject: Zoning Amendment Application A 9/10 M. Rajadurai 1975 Guild Road (Lots 36 and 37, Plan 316) City of Pickering 1.0 Property Location and Description • the subject property is located on the east side of Guild Road, north of Kingston Road (see Location Map - Attachment #1) • the property has a frontage of 31.1 metres, a depth of 56.4 metres and a total lot area of approximately 1,760 square metres (see Applicant's Submitted Plan - Attachment #2) • the property is currently occupied by a one-storey detached bungalow with a detached garage • surrounded uses include detached dwellings on lots with frontages of approximately 15.0 metres 2.0 Applicant's Proposal • the applicant is proposing to amend the existing zoning from an °R3" - Third Density Residential Zone to an "R4" - Fourth Density Residential Zone . • if the proposed zoning is approved, the applicant intends to file an application with the Region of Durham to sever the subject property into two lots with minimum lot frontages of 15.0 metres • the applicant intends to demolish the existing bungalow and detached garage for the purpose of constructing two new two-storey detached dwellings 3.0 Official Plan and Zoning 3.1 Durham Regional Official Plan the Regional Plan designates the subject lands "Living Areas" • these areas are intended to be predominantly used for housing purposes, and may include limited office, retail and personal service uses • the applicant's proposal appears to comply with the intent of the Regional Plan 1:7Tp,CH{lfiLPJ. Y:_ 3 Information Report No'. 04-11 a7 Page 2 63 3.2 Pickering Official Plan the Pickering Official Plan designates'the subject lands "Urban Residential - Medium Density Areas" within the Village East Neighbourhood • permissible uses include residential uses, and limited office and retail uses serving the area the density range for Medium Density Areas is more than 30 and up to and including 80,units per net hectare. However, the Official Plan allows for development below the range if it can be demonstrated that the proposed development can be intensified over time to achieve the required density • the applicant's proposal to create an additional lot will result in a net residential density of approximately 11 units per net hectare 3.3 Zoning By-law 3036 • the subject property is zoned "R3" - Third Density Residential Zone • the zoning permits a detached dwelling on a residential lot with a minimum lot frontage of 18.0 metres and a minimum lot area of 550 square metres • an amendment to the existing zoning by-law is required to allow for the future severance of the subject property into two lots with a minimum lot frontage of 1'5.0 metres and minimum lot area of 460 square metres 4.0 Results of Circulation 4.1 Resident Comments • none received to date 4.2 Agency Comments • none received to date 4.3 Staff Comments • in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • compatibility of the proposed 15.0 metre lots and proposed new dwellings with the character of existing development • protection of existing vegetation on the future severed and retained parcels, as,well as on adjoining properties • the impacts if any, of a proposed second driveway access onto Guild Road Information Report No. 04-11 Page 3 64 5.0 Procedural Information • written comments regarding this proposal should be directed to the Planning & Development Department • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council • any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 6.0 Other Information 6.1 Appendix No. • list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report 6.2 Information Received • in addition to the full scale copies of the Applicant's Submitted Plan, the following documents are available for viewing at the offices of the City of Pickering Planning & Development Department: • Architectural Design Statement • Planning Rationale • Sustainable Development Report 6.3 Company Principal • the owner and applicant of the subject property is Muky Rajadurai ORIGINAL SIGNED BY ORIGINAL SIGNED BY Ashley Yearwood Marg Wouters, MCIP, RPP Planner I Manager, Development Review & Urban Design AY:ld Attachments Copy: Director, Planning & Development i 65 Appendix No. I to Information Report No. 04-11 - I Commenting Residents and Landowners (1) none received to date Commenting Agencies (1) none received to date " Commenting City Departments (1) none received to date i C7- 11 Excerpts from Planning & Development s - Committee Meeting Minutes NCKERING Tuesday, January 4, 2011 7:30 pm - Council Chambers Chair: Councillor Ashe (11) Part `A' Information Reports Marg Wouters, Manager, Development Review & Urban Design gave an outline of the requirements for a Statutory Meeting under the Planning Act. She outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the by-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. 4. Zoning Amendment Application A 9/10 M. Rajadurai 1975 Guild Road (Lots 36 and 37, Plan 3.16) City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Ashley Yearwood, Planner I gave an overview of zoning amendment application A 9/10. Muky Rajadurai, the applicant appeared before the Committee in support of the application. He indicated that he is an experienced custom home builder with a recent infill project in Pickering, and that the two new two storey detached dwellings he proposed to construct on the lands would complement existing homes in the area. Maggie Mamczur, 1977 Guild Road appeared before the Committee in opposition to the application noting her concerns with construction noise and potential property damage that may result from the proposed development. She also noted her concern with the current shared driveway condition between her property and 1975 Guild Road. She also questioned the time frame for completion of. construction and noted that she has experienced problems with contractors working on this property in the past. She also noted concerns with respect to a decrease in her property value should the new proposed development be out of character with the smaller residences that currently exist on the street. 1 s'vt?_t= Excerpts from Planning & Development 67 Committee Meeting Minutes RICKE Tuesday, January 4, 2011 7:30 pm - Council Chambers Chair: Councillor Ashe David Powell, 1985Guild Road appeared before the Committee in opposition to the application. He noted he has lived here since 1987 and advised that this application is not in the best interests of the community. He noted that the wholesale redevelopment of the area would be preferable to properties being redeveloped individually over time, indicating that this application on its own would make his property less desirable. A question and answer period ensued. Muky Rajadurai provided clarification with respect to residents' concerns. He noted fencing and gates would be constructed during the construction phase to address property damage issues and that his redevelopment plans include a clear separation of the current shared driveway condition. He noted the timeframe for construction completion would be three to four months from the start of excavation and that use of Guild Road would be minimized. 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RECEIVED JAN 2 1, 201 f Ca Fes' CITY OF PICKERING PLANNING a DEVELOPMENT DEPARTMENT I January ' 4, 2011, IEEE a Vr mob K EE R 7 UV s Ashley Yearwood, Planner I ;=PA.RTN!ENT Planning & Development Department City of Pickering The Regional One The Esplanade Municipality Pickering, ON L1V 6K7 of Durham Planning Department Dear Mr. Yearwood: 605 ROSSLAND ROAD E 4 TH FLOOR Re: Zoning Amendment Application A09110 4TH . PO aox 623 Applicant: Muky Rajadurai .WHITBY ON L1 N 6A3 Location: 1975 Guild Road CANADA 905-668-7711 Lot 19, Concession 1. Fax: 905-666-6208 Municipality: City of Pickering Email: planning@durham.ca www.durham.ca The Regional Municipality of Durham (The Region) has reviewed the above A.L. Georgieff, MCIP, RPP noted application and offers the following comments for your consideration. Commissioner of Planning The purpose of this application is to amend the zoning by-law on the subject lands to permit the creation of two residential lots with a minimum lot frontage of 15 metres. The subject property is currently zoned 'R3'- One Family Detached Dwelling - Third Density Zone. Regional Official Plan The subject property is designated 'Living Area' in the Durham Regional Official Plan (ROP). Living Areas are to be used predominantly for housing purposes. Provincial Interests and Delegated Review Responsibilities There are no matters of provincial plan interest applicable to this application. Regional Services Municipal water supply and sanitary sewer services are available to the subject property. Any requirements of the Region concerning the provision of Regional services associated with the development of this property, financial and otherwise, will be addressed at the time of the Land Division application. "Service Excellence fog cur Cr~%nmunities" 100% Post Consumer 7:0: Page 2 Durham Region Transit & Transportation The proposal does not present any significant Durham Region Transit or . transportation impacts. Please contact David Perkins at 905.668.4113 ext. 2571 should you have any questions or require additional information; Yours tr G JC - ~ Vanni f~'a Chanthavong,.MCIP, RPP Planner.. Current Planning AID cc: Regional Works Department - Pete Castellan City O~ G a s K k J1 L~ PICKERING Memo To: Ashley Yearwood January 13, 2011 Planner From: Dhaval Pandya, Coordinator, Transportation Engineering Copy: Division Head, Engineering Services Division (Acting) Supervisor, Engineering & capital Works Subject: Zoning By-law Amendment Application A09/10 1975 Guild Road, City of Pickering Please be advised that Transportation Engineering staff has reviewed the plans submitted by the proponent and conducted site visit of the proposed development. Our comments related to the impacts of proposed driveway access for the captioned application includes the following: • 1975 Guild Road: Guild Road is a north-south two lane local road with posted speed limit of 40 kmph. The available traffic data suggest that the traffic volume on this section of the road is very low therefore proposed 2nd (South) driveway will not have significant impact on traffic safety and operation. Trusting that above is satisfactory, should you have any questions/concerns please do not hesitate to contact me.