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HomeMy WebLinkAboutPD 08-12 eih, 110 Report to Planning & Development Committee PICKERING Report Number: PD 08-12 4 Date: April 2, 2012 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 16/11 Fonke Holdings Corporation 1565 Greenmount Street (Block 76, Plan 40M-1512, Part 1, 40R-15611) City of Pickering Recommendation: 1. That Report PD 08-12 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 16/11 submitted by Fonke Holdings Inc. to permit residential uses on lands being Block 76, Plan 40M-1512, Part 1, 40R-15611, City of Pickering be, approved; and 3. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A16/11, as set out in Appendix 1. to Report PD 08-12, be finalized and forwarded to City Council for enactment. Executive Summary: The application proposes to amend the existing commercial zoning on the subject lands to permit detached, semi-detached and/or townhouse dwellings. The property is located at the southeast corner of Valley Farm Road and Greenmount Street (see Location Map, Attachment #1). The individual lots are intended to be created through the land severance process. The proposed zoning is consistent with the Pickering Official Plan. If approved, the applicant will be required to fulfill various conditions of land severance including entering into a development agreement with the City to address various development matters. The staff recommended zoning provides flexibility to enable the development of 3 detached dwellings, 4 semi-detached dwellings, or 4 townhouse dwellings (see Staff Recommended Development Options, Attachment #2). The applicant's request to allow detached dwellings on lots with 7.3 metres frontage is not supported (see Applicant's Submitted Plan, Attachment #3). It is recommended that this application be approved and the draft zoning by-law amendment attached as Appendix I be finalized and forwarded to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed recommendation. Report PD 08-12 April 2, 2012 Subject: Fonke Holdings Corporation (A 16/11) Page 2 15 1.0 Background: The subject property has a lot area of approximately 0.145 hectares with frontage on Valley Farm Road and Greenmount Street (see Location Map, Attachment #1). Surrounding uses include detached dwellings to the north and south, townhouse dwellings to the east and open space to the west across Valley Farm Road. The property is currently vacant and was originally part of a larger commercial block intended to be developed for local commercial uses. In 1993, the east portion of the commercial block was rezoned and developed as a townhouse development consisting of two blocks containing a total of 7 townhouse dwelling units. 2.0 Comments Received: 2.1 At the September 6, 2011 Public Information Meeting (see Meeting Minutes, Attachment #4) No members of the public spoke with respect to this application. 2.2 Agency Comments Durham Region Planning noise abatement measures and warning clauses Department as per the applicant's submitted Environmental Noise Impact Study shall be implemented through a development agreement with the City of Pickering • sanitary sewer and water service connections are available • any service connections not utilized shall be disconnected at the applicant's cost • requirements for Regional servicing, financial or otherwise associated with the development will be addressed through a subsequent development application as a condition of severance (see Attachment #5) Development Control the applicant will be required to enter into a Division Development Agreement with the City to address all development matters such as, but not limited to offsite works, service connections, lot grading and drainage, architectural control, and associated financial matters • a Construction Management Plan will be required • no on-site works prior to approval of works is permitted without a permit Report PD 08-12 April 2, 2012 Subject: Fonke Holdings Corporation (A 16/11) Page 3 i 16 Development Control • a Geotechnical Report, grading and drainage Division (continued) plan, and draft reference plan will be required • the zoning by-law for this property should restrict the amount of front yard hard surface (see Attachment #6) 3.0 Discussion: 3.1 The proposed development with revisions recommended by Staff, is consistent with both the Official Plan and the character of the street The City's Official Plan designates the subject property as Urban Residential - Low Density Area, which permits a maximum density of 30 units per net hectare. A maximum of 4 lots may be created on the property within this density limit. Staff recommends a zoning that provides flexibility to develop the land for 3 detached dwellings, 4 semi-detached dwellings, or 4 townhouse dwellings, with minimum lot frontages of 9.0 metres, 7.0 metres, and 6.0 metres respectively (see Staff Recommended Development Options, Attachment #2). This form of development is consistent with the character of existing homes on Greenmount Street. Single detached dwellings currently exist on the north side of Greenmount Street on 12.0 metre frontage lots, and townhouses abut the subject property to the east on 6.0 metre frontage lots. The applicant's proposal to develop 4 detached dwellings on lots having 7.3 metre frontage, with side yard widths of 0.47 and 0.91 metres is not consistent or compatible with the surrounding area (see Applicant's Submitted Plan, Attachment #3). Such reduced development standards provide very limited design opportunity and would be out of character with existing development in the immediate area. The recommended draft zoning by-law also includes provisions restricting the size of driveway widths in relation to lot frontage. This provision is intended to limit the amount of hard surface vehicles can occupy on a property (see Appendix I, Draft Zoning By-law). The applicant has reviewed staff's development options and is aware of the recommendation. 3.2 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 pertaining to the conversion of an existing commercial property for residential uses only, there is limited opportunity to achieve Level 1. The proposed development has the potential to be developed at the high end of the permitted density range and will utilize existing services along Greenmount Street. Report PD 08-12 April 2, 2012 Subject: Fonke Holdings Corporation (A 16/11) Page 4 17 Further opportunities exist for the applicant to implement additional sustainable options through future building permit and development processes. 3.3 All development matters will be addressed through the Land Division application process Through the land division process the owner will be required to enter into a Development Agreement with the City to address offsite works, lot grading and service connections. The owner will also be required to repeal the existing Site Plan Agreement and amend both the existing Subdivision and Development Agreements to reflect an increase in dwelling units over that initially anticipated for Plan of Subdivision 40M-1512. Additional development matters such as, but not limited to, a construction management plan, noise attenuation, a revised architectural design statement, cost sharing and a geotechnical report.will also be dealt with through the land division application process or through standard City procedures. 3.4 By-law to be forwarded to Council The lands are currently zoned "C4-4 - General Commercial". The draft zoning by-law attached as Appendix I to this report replaces the "C44' zone with'a "S-SD-SA-4" residential zone which permits up to 3 detached dwellings, or 4 semi-detached or townhouse dwellings. It is recommended that the draft by-law be finalized and forwarded to Council. 4.0 Applicant's Comments The applicant is aware of the recommendations of this report. Appendix: Appendix I Draft Implementing Zoning By-law Attachments: 1. Location Map 2. Staff Recommended Development Options 3. Applicant's Submitted Plan 4. Public Meeting Minutes 5. Agency Comments - Durham Region 6. City Department Comments - Development Control Division i Report PD 08-12 April 2, 2012 Subject: Fonke Holdings Corporation (A 16/11) Page 5 Prepared By: Approved/Endorsed By: Ashley Ye od, MCIP, PP Neil Carr CIP, RPP nne Director, Planning & Development c}~10 Ross Pym, MCI O/, RPP Principal Planner - Development Review AY:ld Recommended for the consideration of Pickering City Cou cil cr.L . Z-0 Zo12, Tony Prevedel, P.Eng. Chief Administrative Officer Appendix I to _ Report PD 08-12 19 Draft Implementing Zoning By-law Amendment Application A 16/11 20 The Corporation of t ity of Pickering B I 00. XXXX/12 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by Zoning By-law 4377/94, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Block 76, Plan 40M-1512, Part 1, Plan 40R-15611, in the City of Pickering (A 16/11). Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit the development on the subject lands,, being Block 76, Plan 40M-1512, Part 1, Plan 40R-15611 in the City of Pickering; And whereas an amendment to By-law 3036 as amended by Zoning By-law 4377/94, 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 4377/94 is hereby amended by changing the current "C44' zoning designation to "S-SD-SA-4" as shown on Schedule "I" attached hereto. 2. Text Amendment 2.1 Section 4. Definitions of By-law 4377/94, is hereby amended by renumbering and re-alphabetizing this subsection in order to delete the following definitions: (1) Business Office (2) Dry-Cleaning Establishment - Type B (5) Laundromat (7) Neighbourhood Store (8) Personal Service Shop (10) Professional Office and add the following definitions: (1) (a) "Dwelling, Single or Single Detached or Detached Dwelling" shall mean a dwelling containing one dwelling unit and uses accessory thereto which is freestanding from other main structures; By-law No. XXXX/12 Page 2 A Z1 "Dwelling, Semi-Detached or Semi-Detached Dwelling" shall mean one of a pair of detached dwellings, such dwellings being attached above grade by a common wall which extends from the base of the foundation to the roof line and for a horizontal distance of not less than 6.0 metres; 2.2 Clause 5(1) is hereby repealed and replaced with the following clause: 5. Provisions (1) (a) Uses Permitted ("S-SD-SA-4" Zone) No person shall within the lands designated ("S-SD-SA-4) on Schedule "I" attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) detached dwelling; (ii) semi-detached dwelling; (iii) single=attached dwelling; (b) Zone Requirements ("S-SD-SA-4" Zone) No person shall within the lands designated "S-SD-SA-4" on Schedule "I" attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) Lot Area (minimum) A detached dwellings 400 square metres B semi-detached dwellings 320 square metres C single attached dwellings 270 square metres (ii) Lot Frontage (minimum) A detached dwellings 9.0 metres B semi-detached dwellings 7.0 metres C single attached dwellings 6.0 metres (iii) Front Yard Depth. 4.5 metres (minimum) 7.5 metres (maximum) (iv) Interior Side Yard. Width (minimum) A detached dwellings 1.2 metres on one side, 0.6 metres on the other side Page 3 By-law No. XXXX/12 22 B semi-detached dwellings 1.2 metres except that: (1) where dwellings on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot; (II) where dwellings on abutting lots share a common wall and one of those dwellings has an extension, if that common wall extends along the common interior side lot line, no interior side yard shall be required adjacent to the extension of that wall on the lot upon which that dwelling is located; (III) where dwellings on abutting lots share a common wall and one of those dwellings has an extension of that common wall that does not extend along the common interior side lot line, the following shall apply: minimum of 0.6 metre interior side yard shall be provided adjacent to the extension of that wall on the lot upon which that dwelling is located; C single attached dwellings 1.8 metres except that: (1) where dwellings on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot; (11) where dwellings on abutting lots share a common wall and one of those dwellings has an extension, if that common wall extends along the common interior side lot line, no interior side yard shall be required adjacent to the extension of that wall on the lot upon which that dwelling is located; (III) where dwellings on abutting lots share a common wall and one of those dwellings has an extension of that common wall that does not extend along the common interior side lot line, the following shall apply: minimum 1.2 metre interior side yard shall be provided adjacent to the extension of that wall on the lot upon which that dwelling is located if an abutting side yard is not provided on the other lot or; By-law No. XXXX/12 Page 4 23 PT minimum of 0.6 metre interior side yard shall be RA provided adjacent to the extension of that wall on the lot upon which that dwelling is located if an abutting interior side yard is provided on the other lot; (v) Flankage Side Yard Width (minimum) 2.4 metres (vi) Rear Yard Depth (minimum) 7.5 metres (vii) Building Height (maximum) 9.0 metres (viii) Driveway Width (maximum) A detached dwellings 55 percent of the lot frontage B semi-detached dwellings 50 percent of the lot frontage C single attached dwellings 50 percent of the lot frontage (ix) Parking Requirements (minimum) two parking spaces per dwelling unit, with a minimum of one parking space provided within an attached garage and the other parking space in a driveway; (x) Garage Requirements (minimum) A one private garage with a single car garage door per lot and if attached to the main building, the vehicular entrance of which shall be located not less than 6.0 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; B no part of any attached garage, whether or not such garage has a second storey, shall extend more than 2.0 metres beyond the wall containing the main entrance to the dwelling unit; C where the main entrance to the dwelling unit fronts a flankage side yard, no part of any attached garage, whether or not such garage has a second storey, shall extend more than 2.0 metres beyond the wall containing the footprint of the dwelling unit; By-law No. XXXX/12 Page 5 24 (xi) Garage Parking 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 provided, however, that the width may include one interior step and the depth may include two interior steps; (xii) Special Regulations A no more than 4 dwelling units shall be permitted within the area designated as "S-SD-SA-4" on Schedule "I" attached hereto; B the horizontal distance between buildings on adjacent lots shall not be less than 1.8 metres; C despite Section 5.18(e) of Zoning By-law 3036, the total lot coverage of all accessory buildings shall not exceed 20 square metres; 3. By-law 3036 By-law 3036 as amended by By-law 4377/94 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. 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 thi ay of XXXXX, 2012. OKI, David Ryan, Mayor ORA Debbie Shields, City Clerk 25 5.1RE~ oooA Blk 78 EN ARE ~m 5 _ J P 4om '3 Blk 79 F z SP w S-SD-SA-4 81 k 80 ~pM - 1512 3 16, ~ BLOCK Blk 81 _ Lot 33'\ Lot 32\ L_---- I~ L<l Lot 31 Lot' 30 Lot 29 1512 ~ ,QOM ~i Lot 28 T N SCHEDULE ITO BY-LAW 4377/94 AMENDED BY BY-LAW PASSED THIS 17th DAY OF Inniinrv mw 94 ORA F/ -0-0 - MAYOR VRAFI CLERK ATTACHMENT NTO REPORT # PD 00 -/9 26 CRESCENT MAJOR OAKS oQ c,~RF~~ PARK o GREENMOLINT cr SUBJECT PROPERTY TERRACOTT CRT y S S'~ O O Z Q . REESORa RT ~cF w O C'Q c o q Fs~~2~ o ALPINE LANE -7 o z o w 3 N o w GAN HYDRO CORR/DoR 0 Q O EET w J L zg w r cl~ z ck~ 0 o C) ~ O O O ~ O Q o C RT w ~ J KDALE STREET 0 1-)~~ 0 J FINCH NUE FINCH AVENUE City of Pickering Planning & Development Department PROPERTY DESCRIPTION Block 76, Plan 40M-1512, Plan 40R-15611, Part 1 07\ OWNER Fonke Holdings Corporation DATE Oct. 27, 2011 DRAWN BY JB FILE No. A 16/11 SCALE 1:5,000 CHECKED BY AY H a a ourees: T-not Enterprise. Inc. d its eupplNA=' right, Reserved. Not a plan of eurve,.. PN-13 2003 MPAO and its su Iiers. All ri ht, rved. Not a Ian of Surva . STAFF RECOMMENDEDATTACHMENT# a To DEVELOPMENT OPTIONS 27 A16/1 1 GREENMOUNT STREET Om Min 9.0m in 9.Om Min Q c~ C DETACHED DWELLINGS - 3 LOTS iiF 9.Orn Minimum Frontage J J J GREENMOUNT STREET 7.0m Min 7.Om Min 7.0m Min 7.Om Min ccc C SEMI-DETACHED DWELLINGS - 4 LOTS L 7.Om Minimum Frontage J GREENMOUNT STREET 6.0mw 6.0m Mln -Mn 6.Om MN 0 O SINGLE ATTACHED (TOWNHOMES) cc DWELLINGS - 4 LOTS w 6.0m Minimum Frontage Prepared by the City of Pickering Planning & Development Department - March 14, 2012 ATTACHMENT # TO 2 8 REPORT # PD /a Information Compiled from Applicant's Submitted Plan - Fonke Holdings Corporation A 16/11 GREENMOUNT STREET 1.5m CONC. SIDEWALK .7 3.z......Y ......e .......7.32 2 76 .32 Le ! e e G e e : e ■ i G i G i G G Q Q ! e e e O ~ e e e e G G G i Lv PART 1 PART 2 PART 3 PART 4 ! J 3 ■ -i o s e c e e p i■a ■ ■ ■ ~i C~ I■m ~ ~ ~ i .n ■ i i G I! i i i i • i G i G !R ■ ! i i e ! e e is .s e e i i i i i e lls ! i ~ is e e ~ i i ■ i s e e e e i 4 i 15.57 E 7.32 ! 7.32 ! 7.32 `i.............n■......................1....... n.. im... R s.... m.. mn....~................J 7hrs mop w s Produced by the C%ly o/ P%ck-e-g. ~Pl--l & Oevefopmenl Oeporlmenf, /n lormof%On 6 $uppnr/ Services. Oelober 2i. X11 ATTACHMENT #~TO REPORT # PD 0 _/9 . Excerpts from C-itq Joint Planning & Development and ` 9 Executive Committee PI Meeting Minutes Monday, December 5, 2011 7:30 pm - Council Chambers Chair: Councillor Ashe (II) Part `A' - Information Reports 1. Zoning Amendment Application A 16/11 Fonke Holdings Corporation 1565 Greenmount Street (Part of Block 76, Plan 40M-1512) 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. Ashely Yearwood, Planner I, provided an overview of zoning by-law amendment application A 16/11. Jonathan Benczkowski, Sol-Arch. Limited, appeared before the Committee on behalf of the applicant in support of the application. He stated the proposed amendment to replace the commercial zone with residential resulted from a lack of market for commercial zone in this area at the present time. No members of the public spoke in support or opposition to the application. 1 _ a ATTACHMENT # 5 TO 30 REPORT # PD 08- is November 21, 2011 Ashley Yearwood Planner 1 Planning & Development Department RECEIVED City of Pickering Lei 0 One The Esplanade Pickering, ON L1V 6K7 NOV 2 2011 CITY OF PICKERING PLANNING & DEVELOPMENT Dear Mr. Yearwood DEPARTMENT The Regional Municipality of Durham Re: Zoning Amendment Application A 16/11 Planning and Economic Applicant: Fonke Holdings Corporation. Development Department Location: 1565 Greenmount Street Planning . Division Block 75, Plan 40M-1512, Plan 40R-15611 Municipality: City of Pickering 605 ROSSLAND RD. E. 14TH FLOOR The Region has reviewed the above noted application and offers the 'O BOX 623 WHITBY ON L1N 6A3 following comments for your consideration. CANADA 905-668-7711 1-800-372-1102 The purpose of this application is to rezone the property to permit four Fax: 905-666-6208 detached dwellings. Email: plan ning@durham.ca www.durham.ca Regional. Official Plan A.L. Georgieff, MCIP, RPP . Commissioner of Planning The lands subject to this application is designated „Living Areas„ In the and Economic Development Durham Regional Official Plan (ROP). Living Areas shall be used predominately for housing purposes. This proposal adds additional residential units within an. existing residential area and is permitted within the Living Areas designation of the ROP. Provincial Policies & Delegated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. Growth Plan for the Greater Golden Horseshoe (GPGGH) The subject lands are within the "Built-up Area" of the GPGGH. The GPGGH includes policies to direct development to settlement areas, and provides direction for intensification targets within the Built-up Area. This application generally conforms to the GPGGH. Potential Site Contamination A signed site screening questionnaire has been submitted as part of the application indicating no potential for site contamination. "SeAce Ezceiience for our 60"M-M-Uhities" 1 a 100% Post Consumer ATTACHMENT # S TO 3 1 REPORI # PD 00-1a Potential Noise Impacts The subject lands are located adjacent to Valley Farm Road, a Type 'C' arterial roadway. In support of the application the applicant has submitted an Environmental Noise Impact Study, dated October 6,- 2011, by D.G. Biddle_& Associates. The noise abatement measures and warning clauses as identified in the study shall be implemented through a site plan / development agreement with the City of Pickering. Regional Servicing Sanitary sewer connections and water service connections were installed in 2003 for this property. Any connections that will not be utilized shall be . disconnected with the full cost being borne by the applicant. Any requirements of the Region of Durham associated with the development of this property concerning the provision of Regional services, financial or otherwise, will be addressed at the time of a subsequent development application. Please do not hesitate to contact the undersigned should you have any questions or comments. Yours truly, Brad Anderson, MCIP, RPP Planner cc: Regional Works Department - Pete Castellan Durham Region Transit Department - Martin Ward 2 Z n . , ATTACHMENT # 6 TO 32-- REPORT # PQ PICKERNG Memo To: Ashley Yearwood Planner I November 28, 2011 From: Robert Starr Manager, Development Control Copy: Coordinator, Development Approvals Subject: Zoning By-law Amendment Application A16/11 Fonk e Holdings Corporation 1565 Greenmount Street (Block 76, Plan 40M-1512, Part 1, Plan 40R-15611) City of Pickering We have reviewed the documents submitted in support of the Zoning B -law Ame Application and provide the following comments: y ndment General Comments . 1. The applicant will be required to enter into a Development Agreement with the City to address any offsite works, service connections, road restoration, driveway aprons, boulevard trees, lot grading and drainage, boulevard works, utility installation and/or relocation, security, insurance, cost sharing, etc. 2. A Construction Management Plan will be required, that addresses such items as road cleaning, mud/dust control, sedimentation and erosion control, hours of work, vehicle parking, equipment and material storage, a spill response plan, etc. 3. The City of Pickering's Fill & Topsoil By-law prohibits soil disturbance removal importation to the site unless a permit has been issued. No on-site works prior to a o a r of works is permitted without a permit. A copy of the By-law and Permit Application is l attached and should be forwarded to the applicant. 4. A Geotechnical Report will be required. The report should comment on the permeability existing soils as it relates to any proposed infiltration measures for stormw ter management. 5. A grading and drainage plan will be required which indicates that redevelo ment of can be completed without adversely affecting the nei hbourin p the site 9 g properties. 6. A Draft 40R Plan will be required to be submitted to the City for approval. ATTACHMENT#_ TO REPORT # PQ 7J 7. An Erosion & Sediment Control Plan which clearly shows how the applicant will ensure that no silt will leave the site. The. Erosion & Sediment Control Guidelines for Urban Construction should be consulted when preparing this plan. 8. The proposed zoning of this property should restrict the amount of front yard hard surface. 'I . i Fonke Holdings Corporation Page 2 Zoning By-law Amendment Application A16/11