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HomeMy WebLinkAboutPLN 07-15 Ca/00 1 Report to -� � - Planning & Development Committee PICKERING G Report Number: PLN 07-15 Date: July 6, 2015 From: Thomas Melymuk Director, City Development Subject: Zoning By-law Amendment Application A 6/14 N. Niazi Part of Lot 6, Plan 489 (1144 Kingston Road) Recommendation: 1. That Zoning By-law Amendment Application A 6/14, submitted by N. Niazi, on lands being Part of Lot 6, Plan 489, to amend the zoning of the subject property to facilitate the construction of a two-storey commercial/office building, be endorsed as outlined in Appendix I to Report Number PLN 07-15, and that staff be authorized to finalize and forward the implementing Zoning By-law to.Council for enactment. Executive Summary: The subject property is located on the north side of Kingston Road, west of Walnut Lane (see Location Map, Attachment#1). The applicant originally proposed to rezone the subject property to an appropriate commercial zone to facilitate the development of a 710 square metre, two-storey commercial/office building. Proposed uses included business, professional/medical offices, retail uses including a drug store, and restaurants. Access to the development is proposed from both Kingston Road (via a right-in only) and from Walnut Lane through an easement over the existing east-west drive aisle across the rear of the easterly abutting property, 1154 Kingston Road (see Original Submitted Site Plan, Attachment#2). In response to concerns, the applicant has made a number of modifications to the proposal. These changes include eliminating the restaurant use, increasing the total floor area to 807 square metres yet reducing the total gross leasable floor area of the proposed building, improving on-site vehicular and pedestrian circulation, and proposing a wood privacy fence along the north and west property lines (see Revised Submitted Site Plan, Attachment#4). Staff supports the proposed rezoning application as it is consistent with the policies of the Pickering Official Plan and conforms to the urban design objectives of the Kingston Road Corridor Development Guidelines. The recommended zoning provisions set out in Appendix I will ensure that the proposed development is in keeping with the established pattern of development along Kingston Road and will be sensitive to the surrounding residential uses. Detail technical matters will be addressed through the Site Plan Approval process. Staff recommend that the application be approved, and the implementing zoning by-law be finalized and forwarded to Council for enactment. 1 Report PLN 07-15 July 6, 2015 Subject: N. Niazi (A 6/14) Page 2 Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report • 1. Background 1.1 Property Description The subject property is located on the north side of Kingston Road, east of Dixie Road and west of Walnut Lane (see Location Map, Attachment#1). The property has a total land area of approximately 0.2 of a hectare, with approximately 28 metres of frontage along Kingston Road. The property supports a single-storey detached dwelling, which will be demolished prior to development. Surrounding land uses include: low density residential to the north; large lot residential to the west; a two-storey commercial/office building to the east; and • the Brookdale Plaza and Regional Emergency Medical Services Station to the south across Kingston Road. 1.2 Applicant's Original and Revised Proposals The applicant initially proposed a 710 square metre, two-storey commercial building with 34 parking spaces. The applicant also requested that the following commercial uses be permitted on the property: • business office • professional office (including medical) • retail store (including drug store) • restaurant A copy of the Original Submitted Site Plan and Conceptual Building Elevations are provided as Attachments #2 and #3, respectively. Proposed access is from either a right-in from Kingston Road or from Walnut Lane through an easement over the existing east-west drive aisle across the rear of the easterly abutting property (1154 Kingston Road). Concurrent with the rezoning application, the applicant has also submitted an Application for Site Plan Approval (file number S 07/14) to address detailed design and technical matters. Based on comments from City staff, agencies and concerns identified by area residents/landowners, the applicant has submitted a revised site plan. A copy of • the Revised Submitted Site Plan and Revised Submitted Building Elevations are provided as Attachments #4 and #5, respectively. The applicant has worked with City and agency staff to achieve an improved site design, internal vehicular circulation, pedestrian connectivity and compatibility with adjacent residential uses to the north and west. 2 • • Report PLN 07-15 July 6, 2015 Subject: N. Niazi (A 6/14) Page 3 The table below summarizes the change in the gross floor area and gross leasable floor area between the original and revised building. Gross Floor Area Gross Leasable Floor Area Original Proposal 710 sq. metres 670 sq. metres Revised Proposal 806 sq. metres 586 sq. metres Specifically, the revisions to the proposal include the following key changes: • removing the restaurant use from the list of requested permitted uses • • reducing the total gross leasable floor area by introducing washrooms on the second floor and an internal ground level pedestrian corridor, providing direct pedestrian access to Kingston Road • reducing the total number of parking spaces from 34 to 31 spaces in order to accommodate the turning radii for fire trucks and waste collection vehicles and the slightly larger building footprint • replacing the existing chain link fence along the north property line with a new privacy wood fence • erecting a new wood privacy fence along the west lot line 2. Comments Received 2.1 Prior to, at, and following the September 2, 2014 Public Information Meeting A number of residents attended the September 2, 2014 Public Information Meeting and voiced their concerns and comments regarding the proposed commercial development. Additional comments were also received in writing and verbally prior to and following the Public Information Meeting. Specifically, the concerns identified are as follows: • requested elimination of the proposed restaurant use due to cooking odours and possible food-related garbage, which will attract animals/rodents to the area • concerns about permitting drive-through establishments • appropriateness of permitting another commercial development due to a number of vacant commercial units in the surrounding area • concerns with potential overflow parking onto the neighbouring property to the east due to the proposed parking-intensive uses (medical office and retail) • potential damage to the existing foundation wall affecting the abutting residence to the west at 1134 Kingston Road 3 Report PLN 07-15 July 6, 2015 Subject: N. Niazi (A 6/14) Page 4 • preservation of existing vegetation along the northern portion of the property, which provides a privacy buffer for the existing residences to the north • requested proposed chain link fence along the north and west lot lines of the subject property be upgraded 2.2 City Departments & Agency Comments Region of Durham • no objection with the rezoning application as it conforms with the policies of the Regional Official Plan • the Phase I Environmental Site Assessment (ESA), dated.February 20, 2015, indicated that the site does not contain any potential contaminants • prior to the issuance of Site Plan Approval, the applicant must complete a Reliance Letter and Certificate of Insurance to the satisfaction of the Region • sanitary sewerage and municipal water supply are available to the subject property • the Region requires a 45 metre right-of-way width to accommodate bus only and bike lanes along Kingston Road;the revised plan which illustrates a road widening ranging from 1.77 metres to 2.86 metres across the Kingston Road frontage, appears to be acceptable • the Region generally supports the location and design of the proposed right-in only access from Kingston Road Engineering & Public • no objections to the proposed zoning by-law Works Department amendment application • urbanization of the boulevard fronting Kingston Road will be required including the extension of the existing sidewalk and the replacement of the existing ditch to accommodate a stormwater pipe • detailed engineering comments pertaining to: construction management practices; site grading and servicing; stormwater management and landscape details will be addressed through the Site Plan Approval process • the applicant will be required to enter into a Site Plan Agreement with the City of Pickering to address on and off-site works for the proposed development 4 Report PLN 07-15 July 6, 2015 Subject: N. Niazi (A 6/14) Page 5 3. Planning Analysis 3.1 The proposal conforms to the policies of the Pickering Official Plan The subject property is designated as "Mixed-Use Areas — Mixed Corridors" in the City's Official Plan. Lands in this designation are intended to have the widest variety of uses and highest levels of activities in the City, with a maximum floor space index (FSI) of 2.5 for commercial proposals. The applicant's list of requested uses, which includes, office, medical office and retail, are permissible under the "Mixed-Use Area — Mixed Corridor" designation and the proposed development has an FSI of 0.42. The proposal complies with the policies of the City's Official Plan. 3.2 The proposal conforms to the urban design objectives of the Kingston Road Corridor Development Guidelines The Development Guidelines for this area require new development proposals to: site new buildings closer towards Kingston Road to create a "mainstreet" ambiance along the corridor; provide sidewalks on both sides of Kingston Road with direct and convenient access to buildings fronting the street; encourage continuous street tree planting close to the curb to create a canopy over the pedestrian area; and protect for a future transit/High Occupancy Vehicle lane. The proposed commercial/office building will have two functional floors sited close to Kingston Road. Approximately 65 percent of the property's frontage will contain the face of the building, creating a strong urban edge along Kingston Road. The existing sidewalk along Kingston Road will be extended further west across the entire frontage of the subject property providing a direct pedestrian connection to the building. The applicant has agreed to provide the required road widening to the satisfaction of the Region of Durham to accommodate the dedicated lane for.bus rapid transit services along Kingston Road. Through the site plan review process, appropriate landscaping will be provided along Kingston Road and internal to the site. 3.3 Sufficient parking supply is available on-site to support the commercial and office uses The abutting landowners to the east expressed concern that the total number of parking spaces to be provided was insufficient to support some of the requested uses. In particular, they were concerned that medical office and retail uses would potentially result in overflow parking onto their property. 5 Report PLN 07-15 July 6, 2015 Subject: N. Niazi (A 6/14) Page 6 In support of the application, the applicant submitted a Transportation Assessment Study, prepared by Mark Engineering. The Study reviewed parking ratios for medical office and retail uses from various municipalities within Durham Region and the Greater Toronto Area, and concluded that based on the applicant's revised site plan, containing a total Gross Leasable Floor Area (GLFA) of 586 square metres, a minimum of 30 parking spaces should be provided on-site. The following table provides a comparison of the current zoning by-law requirements, applicant's proposed parking supply, the City's recent requirements for multi-tenant commercial buildings, and the consultant's suggested parking ratio. Number of Parking Ratio Parking Spaces City's General Zoning By-law 35 spaces 5.9 spaces per 100 m2 requirement of GLFA. Proposed Parking 31 spaces 5.2 spaces per 100 m2 of GLFA City's recent parking 4.5 spaces per 100 m2 requirements for multi-tenant 27 spaces of GLFA commercial building The consultants' suggested 30 spaces 5.1 spaces per.100 m2 parking requirements of GLFA The applicant's revised site plan illustrates a total of 31 parking spaces, whereas the current zoning by-law requires a minimum of 35 parking spaces to be provided on the property. The total number of parking spaces proposed on-site is slightly lower than the City's current by-law requires. However, it is consistent with the requirements of other municipalities in Durham Region and higher than the City's current typical parking requirements for multi-tenant commercial developments. To ensure sufficient parking can be provided on the subject property, and to mitigate overflow parking concerns potentially impacting the abutting property to the east, the proposed floor area devoted to medical office and retail uses will be capped as these uses could generate higher parking demand than other commercial uses. The proposed maximum of 310 square metres of GLFA for all medical office uses and 280 square metres of GLFA for all retail uses will help ensure sufficient on-site parking is available to serve all of the uses. 6 Report PLN 07-15 July 6, 2015 • Subject: N. Niazi (A 6/14) Page 7 3.4 The applicant will be required to compensate for any tree removal and enhance the existing vegetation along the north lot line Another concern identified by area residents was the removal of existing mature trees along the north lot line, which currently provides privacy to the residents to the north. The applicant has provided.a Landscape Plan, which illustrates a 3.0 metre wide landscape buffer along the north lot line, the protection of 3 mature trees within the landscape buffer and a 1.8 metre high wood privacy fence along the north lot line. Through the site plan review process, staff will explore whether there are further opportunities to protect additional trees. Where existing trees and vegetation cannot be protected, the owner will be required to compensate for the removal of tree canopy either through cash-in-lieu and/or replanting. 3.5 Other matters identified by area residents have been addressed A concern was raised by the owners of 1134 Kingston Road regarding potential damage to their existing foundation walls and the erection of a new fence to prevent future trespassing through their property from this development. The applicant has provided a pre-condition survey to the owner of 1134 Kingston Road, which evaluates the current status of foundation walls. The applicant also agreed to provide a new 1.8 metre high wood privacy fence along the west lot line. 3.6 Sustainability Implications The proposed development will support transit, enhance the pedestrian streetscape, and utilize existing services along Kingston Road and bicycle only lanes. There will be additional opportunities to provide sustainable measures through the site plan approval and building permit processes. 3.7 Technical matters including the status of foundation walls and fencing details will be addressed as conditions of the Site Plan approval process A site plan application has been submitted and is currently under review. Matters to be addressed through this process, include, but are not limited to: • architectural review • building material details • landscaping details including tree preservation and compensation • construction management/erosion and sediment control • proposed fire route • site grading and servicing • fencing • exterior lighting • payment of cash-in lieu of parkland dedication 7 Report PLN 07-15 July 6, 2015 Subject: N. Niazi (A 6/14) Page 8 • dedication of the Kingston Road widening • reciprocal access easements over the northerly east-west and the westerly north-south drive aisles to facilitate future shared vehicular and pedestrian connections with the abutting lands to the west • • any other City and agency requirements The applicant will also be required to enter into a site plan/development agreement with the Region of Durham and the City of Pickering to address on and off-site works including, but not limited to: road restoration; boulevard treatment; sidewalk improvements along Kingston Road; grading and drainage; easements; utility relocation; cost sharing; vehicular access and securities amongst other matters. - 3.8 Staff support the revised proposal and recommend that a zoning by-law be finalized and forwarded to Council for enactment Staff supports the rezoning application and recommends that a site specific implementing by-law be applied to the subject property containing the performance standards attached as Appendix Ito this report be finalized and be brought before Council for enactment. The applicant has worked with staff to modify their proposal to address concerns that have been raised through the planning review process and is in keeping with the established pattern of development along Kingston Road. 3.9 Applicant's Comments The applicant has been advised of the recommendations of this.report. Appendix Appendix I Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 6/14 Attachments 1. Location Map 2. Original Submitted Site Plan 3. Original Submitted Building Elevations 4. Revised Submitted Site Plan 5. Revised Submitted Building Elevations 8 Report PLN 07-15 July 6, 2015 Subject: N. Niazi (A 6/14) Page 9 Prepared By: Approved/Endorsed By: Ashley Y .od, MCIP, ' P Catherine Rose, MCIP, RPP a peril Chief Planner 7-) f ( L, • Nilesh Surti, MCIP, RPP Thomas Melym k, MCIP, R Manager, Development Review & Director, City Development Urban Design AY:NS:Id Recommended for the consideration of Pickering City Council 71) f Tony Prevedel, P.Eng. Chief Administrative Officer • 9 Appendix Ito Report PLN 07-15 Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 6/14 That the implementing zoning by-law facilitate the construction of a two-storey commercial/office building in accordance with the following provisions: Permitted and Prohibited Uses: 1. Permitted uses include office, medical office and retail store. 2. Prohibited uses include restaurant and drive-through facilities. Building Restrictions: 3. All buildings and structures shall be located entirely within a building envelope with the following setbacks: a. 1.5 metres from Front Lot Line (Kingston Road) b. 1.5 metres from the westerly and easterly Side Lot Lines c. 40.0 metres from the Rear Lot Line 4. A 3.0 metre wide build-to-zone adjacent to Kingston Road. 5. No building or portion of a building or structure shall be erected within the building envelope, unless a minimum of 60 percent of the entire length of the build-to-zone is occupied by a continuous portion of the exterior wall of the building or buildings containing the building interior. 6. A minimum of 40 percent of the area of each building face along Kingston Road shall be constructed of unencumbered transparent materials. 7. Minimum building height of 6.5 metres and two functional floors. 8. Maximum building height of 15.0 metres. 9. Fully enclosed garbage room to be integrated within/or attached to the commercial building. Minimum and Maximum Floor Areas 10. Maximum gross floor area of 810 square metres. 11. Maximum gross leasable floor area of 280 square metres for retail uses. 12. Maximum gross leasable floor area of 310 square metres for all medical office uses. 13. Minimum gross leasable floor area of 280 square metres of functional second storey. • Page 1 of 2 10 Minimum Parking Requirements 14. Minimum of 5.2 parking spaces for every 100 square metres of gross leasable floor area be provided on the property. 15. All parking areas shall be setback: a. a minimum of 3.0 metres from the rear lot line b. a minimum of 1.5 metres from the side lot lines Landscape Requirements 16. Minimum landscaped open space width of 3.0 metres shall be provided along the rear lot line. • Outdoor Storage Holding Provisions 17. All permanent uses, other than parking, shall take place entirely within enclosed buildings or structures with no outdoor storage or display. 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Niazi �col���l,Aior PROPERTY DESCRIPTION:1144 Kingston Road (Part of Lot 6, Plan 489) City Development • DATE: May 22,2014 Department Data sa�ra.a: p T2e0a U PEAnC erpnrses nc pp R b A l e upt R eNse41"."..:7,e7,11; Noo t Sua rvpea.n o1 aney. SCALE 1:5,000 PN-8 • • 12 ATTACHMENT# TO 1iEROR1 # /QNN 07-6 ,i,�, 4 NY. .' I _ te, d "�.,4,rt ✓ typp o i',.."' y` o m ,� I t- Ok �j i a x o ,y H It - O . 1 4 . © : ! ASPHALT PARKING AREA ss CARS IN 1: i I �T� I 6,114 : l�'L71��. ! Pe i n„3. e R F I i' 7 i ,7) 9:7.7 sr =amen% I II ' 4 it; iiif � , !. 4 4 z , ?-td,10(ge...4.0PG VP'dS /\ N Submitted Property Plan City°¢ - FILE No:A 06/14 APPLICANT: N. Niazi �1 .00MI lioL PROPERTY DESCRIPTION:1144 Kingston Road (Part of Lot 6, Plan 489) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE:May 23,2014 13 ATTACHMENT# 3 TO f. 71 1 4 � r' �i'�" E ..,^1 F�i 0 i � � s I I ,_ , ,,_10 , ; .... • Iftil `� all 11 ...f_.. fr' _ _ 1 �_ �„,_ ' I SIDE(EAST) ELEVATION irq.1 al F4:1 1 --1 4' I F 1 SIGNAGZr 1,r'1 SIDE(WEST) ELEVATION 7 --. 1 I - r i -- r -T i I -1- -- ` S1c NAc E d.�y .�:.. iii t 4 i .... } I _. . 'y ” ,(,,,� IR FRONT(SOUTH) ELEVATION Original Conceptual Building Elevations 4 FILE No: A 06/14 1u:.I•R APPLICANT: N. Niazi IdEetlat411ei PROPERTY DESCRIPTION:1144 Kingston Road (Part of Lot 6, Plan 489) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING DATE:May 22,2014 CITY DEVELOPMENT DEPARTMENT. 14 '.TTACH ENT r 17 TO 't'OR1 ;a !07-15 •REPLACE CHAIN LINK FENCE e"'Y WITH A NEW WOOD PRIVACY 3 METRE WIDE LANDSCAPE FENCE OPEN SPACE TO PROTECT ••••00 3 EXISTING TREES AND ACCOMMODATE ADDITIONAL LANDSCAPING €. , ACCESS TO WALNUT LANE e THROUGH AN EXISTING DRIVE � " AISLE OVER 1154 KINGSTON a ROAD I I∎ PROPOSED NEW WOOD 1 " F FENCING ALONG THE WEST I NUMBER OF PARKING SPACES LOT LINE L,. REDUCED FROM 34.TO 31 I € SPACES I s I IE ® P ;"X\7 1+ TOTAL GROSS LEASABLE i $= FLOOR AREA REDUCED FROM ° 670m2 TO 586m2 TO — ACCOMMODATE WASHROOMS AND AN 1 I md. INTERNAL GROUND LEVEL ii: 1 PEDESTRIAN CORRIDOR 10,0■■ 111 I\ / ill , -111\ -------- Ail 0 ii -\0 N Revised Submitted Site Plan City°0 FILE No:A 06/14 APPLICANT: N. Niazi WRIIRMNI6i PROPERTY DESCRIPTION:1144 Kingston Road (Part of Lot 6, Plan 489) City Development Department FULL SCALE COPIES OF This PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE June-11,2015 15 ATTACHMENT# 5 TO REPORT # jLN 6 7-/.5" . ._-,.�. SIDE(WEST) ELEVATION �P - 1:471:4_...I' TH 0.11-,:.‘77-4.34 ICIIII(flYt�Vllftl[AY:iI Elm REAR(NORTH) ELEVATION - MEDI CENTRE k r- F 11= , ,'`i PM1i11l1rACY bIslii\ITil.l .., l, 111'1,1 .`0I 1. r r FRONT(SOUTH) ELEVATION Revised Conceptual Building Elevations ('il, 4 FILE No: A 06/14 _1€3 ;s - =='m' APPLICANT: N. Niazi 1 PROPERTY DESCRIPTION: 1144 Kingston Road (Part of Lot 6, Plan 489) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING DATE:June 11,2015 CITY DEVELOPMENT DEPARTMENT 16