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HomeMy WebLinkAboutInformation Report 03-15 ON 00 __ Information Report to Planning & Development Committee rzzn PI KERIN Report Number: 03-15 Date: May 11, 2015 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Draft Plan of Subdivision Application SP-2015-02 Draft Plan of Condominium Application CP-2015-01 Zoning By-law Amendment Application A 03/15 1144317 Ontario Limited Plan 1051, RCP Lot 126, 40R-23692 Part 1 (1741 Fairport Road) 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding applications for a Draft Plan of Subdivision, a Draft Plan of Condominium_and a Zoning By-law Amendment, submitted by 1144317 Ontario Limited, to permit the development of a common element condominium consisting of 9 lots for detached dwellings accessed from a private road. This report contains general information on the applicable Official Plan and other related policies, and identifies matters raised to date. This report is intended to assist members of the public and other interested . stakeholders to understand the proposal. Planning & Development Committee will hear public delegations on the applications, ask questions of clarification and identify any planning issues. This report is for information and no decisions on these applications are being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. Property Location and Description • the subject lands are located on the east side of Fairport Road, immediately north of the Canadian National (CN) Railway corridor, in the Dunbarton Neighbourhood (see Location Map, Attachment#1) • the subject lands are approximately 0.5 of a hectare with approximately 40.5 metres of frontage along Fairport Road and approximately 4.3 metres of frontage along Dunbarton Road • the subject lands are currently vacant and are heavily treed along the southerly portion of the property • surrounding land uses to the north, east and west include low density residential development consisting of two-storey detached dwellings; to the south, the subject lands are bounded by the CN Railway tracks and further south are two automobile dealerships 1 Information Report No. 03-15 Page 2 3. Previous Applications • in June 2005, Council enacted a site specific Zoning By-law to permit 9 lots for single detached dwellings, with a minimum lot frontage of 12.0 metres, fronting on a one-way private common element road • due to a change in ownership, the residential development was never pursed and in June 2007, Council enacted another site specific Zoning By-law to rezone the subject lands to a commercial zone category permitting uses such as business offices, financial institutions, personal service shops, professional offices and restaurants; subsequently a Site Plan Application was received in May 2008 to permit the development of a.1,500 square metre commercial plaza • the subject lands were recently acquired by the current owners, who have formally withdrawn the submitted Site Plan Application in order to purse a development similar to the previous residential proposal 4. Applicant's Proposal • the applicant's proposal is to develop a common element condominium consisting of 9 lots for detached dwellings, fronting onto an internal private road, with a minimum lot frontage of 12.0 metres (see Submitted Concept Plan and Submitted Elevation Plans, Attachments #2, #3, #4 & #5) • vehicular access will be provided through a 6.0 metre wide private road with a two-way access at Fairport Road and a one-way outbound access at Dunbarton Road • a 3.4 metre high berm is proposed along the southern portion of the subject lands for noise attenuation and as a crash wall barrier from the existing CN Railway tracks • a 1.5 metre wide internal private pedestrian walkway is proposed along the south side of the private road • the applicant has submitted a draft plan of subdivision application to create a single development block; this is a technical requirement to allow the applicant to create the privately-owned parcels and the parcels for the common elements of the development through a process called "lifting part lot control" (see Submitted Draft Plan of Subdivision, Attachment#6) • the applicant has also submitted a draft plan of condominium application to create tenure of the parcels in the development; common element features include, but are not limited to: the private road, berm, community mailboxes and meter room (see Submitted Draft Plan of Condominium, Attachment #7) • 5. Policy Framework 5.1 Pickering Official Plan • the subject lands are within the Dunbarton Neighbourhood and are designated "Urban Residential Areas — Low Density Areas", which provides for housing and related uses 2 Information Report No. 03-15 Page 3 • this designation permits a maximum net residential density of 30 units per hectare; the proposed development provides a net residential density of 18.2 units per hectare • the Official Plan states that in establishing performance standards, regarding shall be had to protecting and enhancing the character of established neighbourhood by considering matters such as building height, yard setback, lot coverage, access to sunlight, and parking provisions • the proposal generally complies with the policies of the Official Plan; details of the applications will be assessed against the policies and provisions of the Official Plan during the further processing of the applications 5.2 Dunbarton Neighbourhood Development and Design Guidelines • the Dunbarton Neighbourhood Development and Design Guidelines establish a general design framework to ensure development occurs in a manner consistent with the existing character of the neighbourhood • the Guidelines permit detached dwellings and require a minimum lot frontage of 12.0 metres on new internal roads with the following development standards: • maintain building setbacks consistent with recent subdivision standards (front yard minimums of 4.5 metres; side yard minimums of 0.6/1.2 metres) • a maximum building height of 9.0 metres • minimize garage projections from the front wall of dwellings to ensure high quality streetscapes • the Guidelines also encourage the preservation and planting of trees, and to provide sidewalks on at least one side of the street • the applicant's proposal will be reviewed in detail to ensure compliance with the urban design requirements for the Dunbarton Neighbourhood 5.3 Zoning By-law 3036 • the subject lands are currently zoned "C-20" General Commercial, which , permits bakery, business office, commercial school, day nursery, dry cleaning depot, financial institution, fitness club, laundromat, personal service shop, professional office, restaurant—type A, retail store and veterinary clinic • the applicant proposes to rezone the subject lands back to a residential zone category to facilitate the proposal • proposed zone standards include minimum lot area of 280 square metres; minimum lot frontage of 12.0 metres; minimum front yard depth of 4.2 metres; minimum side yard width of 0.6/1.2 metres; minimum rear yard width of 7.0 metres; and maximum building height of 9.8 metres 6. Comments Received 6.1 Open House Meeting An Open House meeting was held on March 30, 2015 to allow the area residents to learn more about the proposal as well as review and comment on the plans 3 Page Information Report No. 03-15 Pa 9 that the applicant has submitted. Three area residents attended the meeting. The following is a summary of the key concerns identified with the area residents: 911 Dunbarton • the resident's lot abuts the rear yards of the three most Road easterly lots within the proposed development • amenity space is partially located within the side yard which immediately abuts the rear yards of the proposed single detached lots • the proposed rear yard setback of 7.0 is insufficient and would not provide adequate privacy given the number of windows along the rear wall of the proposed dwellings • request the removal of one or two lots, and a wood privacy fence along the mutual property line in order to mitigate any negative impacts 1748 Fairport Road • concerned that the proposal will add to the increased traffic along Fairport Road • the proposed dwelling flanking Fairport Road should be designed with the principal entrance facing Fairport Road, as opposed to the private internal road., in order to improve the streetscape along Fairport Road • request the City to consider a full three-way stop sign be implemented at the intersection of Dunbarton Road and Fairport Road . 6.2 Written Comments from the Public Owners of • no objection to the development proposal as shown on 920 & 940 Kingston the applicant's plan Road (Formula Ford • concerned that the future residents of this and Durham development may complain about any noise or Chrysler) . disturbances from the existing car dealership operations located at 920 and 940 Kingston Road, given,their close proximity • the proposed dwellings on the eastern portion of this development will be more directly exposed to any noises emanating from the car dealerships • suggest that a warning clause, similar to noise warning clauses required by the Ministry of the Environment, be incorporated into the City's agreements (site plan and/or condominium agreements) which identifies the existing car dealerships as a possible noise source 4 Information Report No. 03-15 Page 5 6.3 Agency Comments Region of Durham • the Regional Official Plan (ROP) designates the subject lands as "Living Areas", which shall be used predominately for housing purposes • the proposed development supports infill development within the urban area, consistent with the policies and direction of the ROP • staff have reviewed the Phase 1 Environmental Site Assessment, prepared by Envirovision Inc. and identified that there are no on-site or off-site sources of soil or groundwater contamination associated with • the property; however, the applicant is required to revise the submitted Phase 1 ESA report to bring it into conformity with Ministry of Environment standards; should the conclusion of the revised report change, a Phase Two ESA and a Record of Site Condition may be required • the Region recommends that as part of the building permit process, the City of Pickering obtain a letter from a qualified acoustical consultant confirming that all noise mitigation measures have been appropriately incorporated into the affected dwelling units • the subject lands are within an area of • archaeological potential; as such, a Stage 1 Archaeological Assessment is required • sanitary sewer and municipal water supply is available to service the proposed lots • the Region has advised that the proposal complies with the policies of the Regional Official Plan and has provided its conditions of draft approval CN Railway • no objection to the development proposal • requests the following provisions be included as conditions of approval: -• confirmation that the noise/crash berm will be continuous and sufficiently high and rigid to prevent trespassing onto the rail right-of-way, in lieu of a fence • registration on title of CN Railway's environmental easement • registration on title of a CN Railway development agreement to ensure, among other things, that all mitigation measures will be maintained by the condominium corporation 5 Information Report No. 03-15 Page 6 Durham District School • no objection to the development proposal Board • approximately 5 elementary students could be generated by the proposed development are intended to be accommodated within existing school facilities Durham Catholic • no objection to the development proposal District School Board • students generated by the proposed development are intended to be accommodated within St Elizabeth Seton Catholic Elementary School and/or St. Mary Catholic Secondary School 6.4 City Departments Comments Engineering & Public • no objection to the proposal; Works • matters with respect to grading and drainage, tree preservation and protection, fencing details and requirements, stormwater management details and construction management requirements will be further reviewed through the Site Plan Approval • process • the applicant is required to enter into a subdivision agreement with the City of Pickering concerning the provision of works external to the site such as road widening, easements, installation of a storm sewer, sidewalk extensions along Fairport Road, as well as securities and insurance • on-site works prior to Draft Plan of Subdivision Approval will not be permitted, unless the City has issued a permit under the Fill and Topsoil Disturbance By-law • the applicant is required to obtain required approvals from CN Railway regarding the detailed design of the berm • the minimum width of private roads is 6.5 metres • the proposed one way access onto Dunbarton Road is not supportable as it does not function as a proper bi-directional driveway; recommend that a permanent turning circle be provided with a minimum turning radius of 12.0 metres to accommodate fire trucks and waste collections vehicles • all drainage is required to be accommodated on-site; based on preliminary review of the submitted plans, it appears that there is the potential for drainage from the berm to discharge onto the property to the east • (921 Dunbarton Road) 6 • Information Report No. 03-15 Page 7 • Fire Services • the proposed 3.2 metre wide pavement width for the outbound access onto Dunbarton Road is of insufficient width for fire service vehicles to utilize • the access onto Dunbarton Road be removed and the private internal road be designed as a cul-de-sac with a centre line radius of 12.0 metres 7. Planning & Design Section Comments The following'matters have been identified by staff for further review and consideration: • ensuring that the proposal conforms with the policies of the Dunbarton Neighbourhood Development Guidelines • ensuring that the proposed development is compatible with the surrounding lands with respect to building setbacks, building height and massing, garage projection, and architectural design • ensuring that adequate visitor parking is provided to support this development in order to minimize any potential impact on Dunbarton Road • ensuring that the proposed internal private road is of sufficient width to accommodate two-way traffic, visitor parking and turning movements for fire trucks and waste collection vehicles • reviewing comments received by area residents to ensure that their concerns have been appropriately addressed • ensuring a tree compensation plan and/or a financial contribution is provided to address the loss of existing mature trees and other significant vegetation • further issues may be identified following receipt and.review of comments from the circulated department, agencies and public • the City Development Department will conclude its position on these applications after it has received and assessed comments from the circulated departments, agencies and public 8. Information Received Full scale copies of the plans and studies listed below are available for viewing at the offices of the City of Pickering, City Development Department: • Planning Justification Report (which includes an Urban Design Brief and Sustainable Development Report), prepared by PMG Planning Consultants, and dated January 20, 2015 • Draft Zoning By-law Amendment, prepared by PMG Planning Consultants, and undated • Functional Servicing and Stormwater Management Report, prepared by GHD, and dated December 19, 2014 • Phase I. Environmental Site Assessment, prepared by Envirovision Inc., and dated October 2014 • Environmental Noise Feasibility Study, prepared by Valcoustics Canada Ltd., and dated December 2, 2014 7 Information Report No. 03-15 Page 8 • Railway Vibration Analysis, prepared by Valcoustics Canada Ltd., and dated December 2, 2014 • Tree Inventory Report, prepared by The Tree Specialists, and dated October 27, 2014 • Surveyor's Real Property Boundary Survey, prepared by Tom A. Senkus, OLS., and dated January 21, 2015 • Topographic Survey prepared by Tom A. Senkus, OLS., and dated August 30, 2000 • Draft Plan of Subdivision, prepared by Tom A. Senkus, OLS., and undated • Draft Plan of Condominium, prepared by Tom A. Senkus, OLS., and undated • Draft Future Reference Plan, prepared by Tom A. Senkus, OLS., and undated • Site Plan, prepared by PMG Planning Consultants, and dated December 22, 2015 • Floor Plans, prepared by PMG Planning Consultants, and dated November 28, 2014 • Building Elevations, prepared by PMG Planning Consultants, and dated November 28, 2014 9. Procedural Information 9.1 General • written comments regarding this proposal should be directed to the City Development Department • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input to a Planning Report prepared by the City 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 10. Owner/Applicant Information • the owner of the property is Sabastiano Mizzi of 1144317 Ontario Limited and is represented by Peter Swinton of PMG Planning Consultants 8 Information Report No. 03-15 Page 9 Attachments 1. Location Map 2. Submitted Concept Plan 3. Submitted Elevation Plan — Model "A" Units 2, 4, 6, 8 4. Submitted Elevation Plan — Model "B" Units 3, 5, 7 5. Submitted Elevation Plan — Model "C" Units 1, 9 (Reversed) 6. Submitted Draft Plan of Subdivision 7. Submitted Draft Plan of Condominium Prepared By.: Approved/Endorsed B : Amy Emm, MCIP, RPP Catherine Rose, MCIP, RPP Plann-r II Chief Planner Nil- h Surti, iCIP RPP ' Manager, Development Review & Urban Design AE:dp Date of Report:April 23, 2015 Copy: Director, City Development • • 9 Attachment# i to Information Renort# Q '5 1 c ` I �,J - T>- W _X z D Q � W I .F 1 I 2� [ rr . �� Q GOLDENRIDGE. 1,, BEN CRESCENT illikLINE P, ( _�", WELRUS STREET O"° t • �'' w m i,di I __ W J ',, _ _ - •iiiii •• M RUSHTON ROAD ' ,s'mi■-■101p Aim, F 1.11 4/11,0�r ■• rte- Q- c5 o i ;11034 m'Ill. ���� o*1 - •••�•••-•-•-• DUNBARTON s? ., 111111111 ion ror170,R ;\C) ---....,"fr lei* SHEPPARD AVENUE ' ST. PAUL'S 1 ON THE / AN ANGL/C �__./ CHURCH KINGSTON ROAD BAYFAIR BAPTIST CHURCH liiiiiEE� SHOR- COMMU r n C ��1 / ra witllhgojl 11- N\GN�N P 01/4„Ammimipleinigi • 1PS, vi '71.010//11111111111110A Location Map FILE No:SP-2015-02, CP-2015-01 &A 03/15 u� 1�-= _ _ APPLICANT: 1144317 Ontario Limited M M ,a r.4 I�i PROPERTY DESCRIPTION: Plan 1051, RCP Lot 126,40R-23692,Part 1 City Development (1741 Fairport Road) DATE: Apr.21,2015 Department Data saga..: Teranet Enterprises Inc. d tte supplier.. All rights Reserved. Not a plan of survey. SCALE 1:5,000 PN-7 2073 MPAC and Its supplier.. All riights Rsservsd. Not a plan of Survey. 10 Attachment# a to Information Reoort#, Q '3 - , m f*"...z. N. N L. Q Q / W I-CU [ / g s CL //'iS ... RA'ard::1—Mr . I X18 . I / S '1 Fat, 'S€ r e I§ i I r --i • L 1 N co ni 1 / IW �1j\ L JJ > Q O / �� r--r---I / I I < N x CO /............__. 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