Loading...
HomeMy WebLinkAboutPLN 02-21 Report to Planning & Development Committee Report Number: PLN 02-21 Date: January 4, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 04/20 Ann Harbour Estates Ltd. Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148 (631 Liverpool Road) Recommendation: 1. That Zoning By-law Amendment Application A 04/20, submitted by Ann Harbour Estates Ltd., to permit a permanent private school use and four apartment dwelling units on lands municipally known as 631 Liverpool Road, be approved, and that the draft Zoning By-law Amendment set out in Appendix I to Report PLN 02-21 be finalized and forwarded to Council. Executive Summary: The subject lands are located on the east side of Liverpool Road, south of Wharf Street within the Bay Ridges Neighbourhood (see Location Map and Air Photo Map, Attachments #1 and #2). The subject property contains a 3-storey mixed-use building, which is currently occupied by a temporary private school in the basement and ground floor, and 1 dwelling unit and an accessory dwelling unit occupying the second and third floors. No additional floor area is proposed through this application (see Approved Site Plan, Attachment #3). The temporary private school use was permitted through a Committee of Adjustment application (P/CA 29/18) for 2 years (see Committee of Adjustment Decision, Attachment #4). The applicant proposes to establish the private school use as a permanent permitted use and to permit a total of 4 apartment dwellings units. In support of the rezoning application, the applicant submitted a Traffic Study, which concluded that the requested amendments to the zoning by-law will not result in any adverse traffic impacts along Liverpool Road or other roads and intersections within the immediate neighbourhood. A total of 20 parking spaces is currently provided and based on survey counts, the existing parking supply is adequate to accommodate the parking demands of the proposed uses. Staff recommend that Council approve Zoning By-law Amendment A 04/20. The draft by-law is attached as Appendix I, and it is recommended the By-law be finalized and enacted by Council. Report PLN 02-21 January 4, 2021 Subject: Ann Harbour Estates Ltd. (A 04/20) Page 2 Financial Implications: The recommendations of this report do not present any financial implications for the City. 1. Background 1.1 Property Description The subject property is located on the east side of Liverpool Road, south of Wharf Street within the Bay Ridges Neighbourhood (see Location Map, Attachment #1). The property has an area of approximately 0.11 of a hectare with approximately 18 metres of frontage along Liverpool Road. The property currently contains a 3-storey mixed-use building with a total gross floor area (GFA) of approximately 950 square metres. The existing uses within the building include a temporary private school occupying the basement and ground floor, and a dwelling unit and an accessory dwelling unit occupying the second and third floors. Twenty parking spaces are located at the rear of the property, and vehicular access is provided from Liverpool Road. Surrounding land uses include (see Air Photo Map, Attachment #2): North: To the north are detached dwellings fronting Liverpool Road and Wharf Street. West & South: To the west and south is the Nautical Village development consisting of live-work units fronting Liverpool Road. East: To the east is the Provincially Significant Frenchman’s Bay Coastal Wetland Complex (also referred to as the Hydro Marsh). 1.2 Applicant’s Proposal The applicant has submitted a rezoning application to permit a permanent private school use with a maximum of 50 students and 4 rental apartment dwelling units. No additional floor area is proposed through this application (see Approved Site Plan, Attachment #3). On August 22, 2018, the existing private school use was permitted through the Committee of Adjustment (P/CA 29/18) on a 2 year temporary basis with conditions. Those conditions include, but are not limited to: restricting the private school use to the ground floor and basement; implementing a maximum of 50 students registered at the school; and limiting the school's operation from September to July between the hours of 7:00 am and 6:00 pm (see Committee of Adjustment Decision, Attachment #4). The proposal includes the conversion of the existing dwelling unit and the accessory dwelling unit into 4 apartment dwelling units. Pedestrian access to the units is provided from 2 common corridors/stairwells and an elevator. The second and third floors will each have 2 apartment dwelling units ranging in size between 111 square metres and 187 square metres (1,105 square feet to 2,016 square feet). A total of 282.5 square metres (3,041 square feet) of shared outdoor amenity area is provided on the roof of the building for both the private school and the occupants of the dwelling units (see Submitted Floor Plans, Attachments #5 through #9). Report PLN 02-21 January 4, 2021 Subject: Ann Harbour Estates Ltd. (A 04/20) Page 3 2. Comments Received 2.1 August 10, 2020 Statutory Public Meeting No members of the public attended the Electronic Statutory Public Meeting. Staff received 2 letters in support of the rezoning application from neighbouring businesses. One concern was raised by the members of the Planning & Development Committee at the Statutory Public Meeting regarding the availability of an on-site play area for the private school use. This concern was addressed at the meeting by the head of the Montessori Learning Centre noting that there is no mandated requirement for a permanent on-site play area, but that the school uses area parks, the waterfront and the rooftop amenity space. 2.1.1 Region of Durham Comments • no concerns or objections with the Zoning By-law Amendment Application; • the Regional Official Plan (ROP) designates the subject lands as “Living Areas”, which is intended predominantly for housing purposes; • cultural facilities for educational purposes may also be permitted within the “Living Areas” designation; and • the proposed school and dwelling units conform with the ROP. 2.1.2 City of Pickering Engineering Services Comments • no concerns or objections with the Zoning By-law Amendment Application. 3. Planning Analysis 3.1 The proposal conforms to the policies and provisions of the City’s Official Plan The City’s Official Plan designates the subject lands as “Urban Residential Areas – Low Density Areas” designation within the Bay Ridges Neighbourhood. The property is further identified as being within the Liverpool Road Corridor, in the Liverpool Road Waterfront Node. Lands within the Liverpool Road Corridor are restricted to uses including retailing of goods and services, restaurants, offices, and community, cultural and recreational uses, to serve the tourist, recreational, boating and other community needs. Lands within the Liverpool Road Corridor are permitted the establishment of residential uses up to a maximum of 55 units per net hectare, subject to the condition that the design and construction of the ground floors facing the street are to be easily converted to accommodate a range of uses, including the retailing of goods and services, and offices, by incorporating certain Ontario Building Code construction requirements applicable to commercial uses. The proposal will result in a residential density of approximately 36.4 units per hectare. As such, permitting the private school permanently and a maximum of 4 apartment dwelling units conform to the land use and density provisions of the City’s Official Plan. Report PLN 02-21 January 4, 2021 Subject: Ann Harbour Estates Ltd. (A 04/20) Page 4 3.2 The proposal will not result in any adverse traffic impacts The applicant has submitted a Traffic Review Report, prepared by GHD, dated March 16, 2020, in support of the rezoning application. The report provided an assessment of the existing traffic and parking needs of the private school and the proposed 4 apartment dwelling units, and the impact of the request changes. Field observations were undertaken on Monday, December 16, 2019 at the access to the site from Liverpool Road and the parking lot at the rear of the building. The consultants observed that the hours of peak usage was from 7:30 am to 9:30 am and from 3:30 pm to 4:30 pm, corresponding with the before-school and after-school drop-off times. During these times, the driveway operated with low levels of delays and no queuing for traffic generated by the school and existing 2 dwelling units. There are 3 main locations where students were dropped-off before school and picked-up after school: along the east side of Liverpool Road; along the west side of Liverpool Road; and in the parking lot of the subject property. The table below summarizes the total number of observed drop-off and pick-ups at the different locations: Drop-off/Pick-up Location Observed number of vehicles Before School Drop-offs (7:30 am to 9:30 am peak hours) East Side of Liverpool Road 19 West Side of Liverpool Road 1 Parking Lot 6 After School Pick-ups (3:30 pm to 4:30 pm peak hours) East Side of Liverpool Road 7 West Side of Liverpool Road 0 Parking Lot 12 Based on the field observation, during the morning peak hours, the existing uses generated a total of 26 trips and 19 trips during the afternoon peak hours. Furthermore, the operator of the private school has indicated that they currently provide a shuttle option from a remote location (401 Kingston Road) to pick-up and drop-off students at the school property. This shuttle contributes to limiting additional traffic during drop-off and pick-up times along Liverpool Road. Based on the findings of the traffic assessment, staff are satisfied that permitting a private school as a permanent use and increasing the number of dwelling units to 4 will not result in any adverse traffic impacts along Liverpool Road or the intersection of Liverpool Road and Wharf Street. Report PLN 02-21 January 4, 2021 Subject: Ann Harbour Estates Ltd. (A 04/20) Page 5 3.3 Sufficient parking supply is available to accommodate the requested uses The site currently provides a total of 20 parking spaces at the rear of the site, exceeding the minimum required parking spaces. The parking ratios and requirements for the proposed uses within Zoning By-law 2520, as amended, are as follows: Parking Ratio Required Parking Spaces Apartment Dwelling Unit 1.75 spaces per dwelling unit for occupants and visitors 7 parking spaces Private School 1.0 space per 10 students, plus 1.0 space for each staff 11 parking spaces Total Required parking to be provided on-site 18 spaces Existing Parking on-site 20 spaces (including one accessible parking space) During the morning peak usage hours of 7:30 am to 9:30 am, 6 parking spaces were occupied. During the afternoon peak usage hours of 3:30 pm to 4:30 pm, a total of 12 parking spaces were occupied. At no point during the day were all 20 parking spaces on the property used simultaneously. During the field study, 3 of the parking spaces were occupied by residents and a total of 4 were occupied by private school staff. Residential and visitor parking spaces are not delineated in the parking lot. However, each tenant is assigned 1 parking space. To date, there have been no conflicts between residential parking usage and private school parking usage. Mitigating factors to this include the availability of on-street parking along Liverpool Road and the limited hours of operation of the private school, which offsets the peak usage hours. Staff are satisfied that the current supply of parking spaces is sufficient to accommodate the parking demands from the private school and 4 apartment dwelling units. 3.4 Shared outdoor amenity space will be provided on the rooftop The rooftop of the building has been designed to be an outdoor amenity area with a glass guard around the parapet for safety. The total area of the amenity space provided is approximately 283 square metres. The west side of the rooftop space will be reserved for the private school’s use (173 square metres), while the east side of the roof space will be reserved for use by the occupants of the dwelling units (109 square metres). There will be no physical barrier extending the length of the roof to divide the amenity areas, but they will be separated by the elevator shaft and stairwell (see Submitted Roof Plans, Attachment #9). Additionally, the peak usage times of the amenity areas will typically be offset given the limited hours of operation of the private school. Report PLN 02-21 January 4, 2021 Subject: Ann Harbour Estates Ltd. (A 04/20) Page 6 3.5 Site-specific zoning special regulations will be carried from the Committee of Adjustment’s conditions of approval The appropriate conditions of approval from the P/CA 29/18 decision will be carried through to the site-specific amending by-law as special regulations. These provisions include: • a private school use shall only be permitted to operate within the ground floor and basement; • a private school use shall be limited to a maximum gross leasable floor area of 335 square metres; • a private school use shall be limited to a maximum of 50 students; • a private school use shall be permitted to operate from September 1st to July 1st between the hours of 7:00 am and 6:00 pm; and • no other non-residential uses are permitted to operate on the subject property concurrent to the hours of operation of the private school as noted above. 4. Conclusion Staff support the rezoning application to permit a permanent private school use and 4 apartment dwelling units and recommends that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 02-21 be forwarded to Council for enactment, subject to any technical changes. 5. Applicant’s Comments The applicant has been advised of and concurs with the recommendations of this report. Appendix Appendix I Draft Implementing Zoning By-law Attachments: 1. Location Map 2. Air Photo Map 3. Approved Site Plan 4. Committee of Adjustment Decision 5. Submitted Floor Plan: Basement 6. Submitted Floor Plan: First Floor 7. Submitted Floor Plan: Second Floor 8. Submitted Floor Plan: Third Floor 9. Submitted Floor Plan: Roof Report PLN 02-21 January 4, 2021 Subject: Ann Harbour Estates Ltd. (A 04/20) Page 7 Prepared By: Approved/Endorsed By: Felix Chau Catherine Rose, MCIP, RPP Planner I Chief Planner Nilesh Surti, MCIP, RPP Kyle Bentley, P. Eng. Manager, Development Review Director, City Development & CBO & Urban Design FC:ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer Original Signed By Original Signed By Original Signed By Original Signed By Original Signed By Appendix I to Report No. PLN 02-21 Draft Implementing Zoning By-law The Corporation of the City of Pickering By-law No. XXXX/21 Being a by-law to amend Zoning Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, on Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148, in the City of Pickering. (A 04/20) Whereas the Council of The Corporation of the City of Pickering passed By-law 5938/02 amending By-law 2520 to rezone lands being Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148, in the City of Pickering, to “MU-13”, to recognize an existing detached dwelling on the subject lands and to permit a variety of commercial uses on the lands; Whereas the detached dwelling has been redeveloped; Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a private school use and four apartment dwelling units on the lands zoned “MU-13” being Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148, City of Pickering; And whereas an amendment to By-law 2520, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Area Restricted The provisions of this By-law shall apply to those lands on Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148 in the City of Pickering, designated “MU-13” on Schedule I of By-law 5938/02. 2. Text Amendment 1. Section 4. Definitions, of By-law 5938/02 is hereby amended by removing Definition 10(c) and replacing it with the following definition: 10 (c) “Dwelling, Apartment Dwelling” shall mean a residential use building containing four or more principal dwelling units where the units are connected by a common corridor or vestibule. 2. Section 4. Definitions, of By-law 5938/02 is hereby amended by renumbering and re-alphabetizing this subsection in order to incorporate the new definition as follows: Draft By-law No. XXXX/21 Page 2 Draft (18) “Private School” shall mean a place of instruction (excepting a commercial school or private career college) offering courses equivalent to those customarily offered in an elementary school or secondary school. 3. Section 5.(1)(a) Uses Permitted (“MU-13” Zone) of By-law 5938/02, is hereby amended by removing the following permitted uses: (v) detached dwelling 4. Section 5.(1)(a) Uses Permitted (“MU-13” Zone) of By-law 5938/02, is hereby amended by renumbering and re-alphabetizing this subsection in order to incorporate the new permitted uses as follows: (v) dwelling, apartment dwelling (vii) private school 5. Section 5.1(b)(ii) Parking Requirements of By-law 5938/02, is hereby amended by removing Parking Requirement “B”, and replacing and reordering this subsection in order to incorporate the new parking requirements as follows: “B For a dwelling, apartment dwelling use, there shall be provided and maintained on the lot a minimum of 1.75 parking spaces per unit C For a private school use, there shall be provided and maintained on the lot a minimum of 1 parking space per 10 students, and a minimum of 1 parking space for each staff” 6. Subsections C, D, E and F of Section 5.(1)(b)(iii) Special Regulations of By-law 5938/02, are hereby repealed and replaced with the following: “C The minimum gross floor area – residential for a dwelling, apartment dwelling unit shall be 100 square metres; D A private school use shall be limited to a maximum gross leasable floor area of 335 square metres; E A private school use shall be limited to a maximum of 50 students; F A private school use shall be permitted to operate from September 1st to July 1st between the hours of 7:00 am and 6:00 pm; G No other non-residential uses are permitted to operate on the subject property concurrent to the hours of operation of the private school as noted above; H A maximum of four apartment dwelling units shall be permitted.” By-law No. XXXX/21 Page 3 3. By-law 2520 By-law 2520, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2520, as amended. 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XX day of XXXX, 2021. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk Draft Draft Annland Street Liverpool RoadCommerce Street Pleasant StreetWharf Street F r o n t R o a d Broadview Street ProgressFrenchman'sBay East Park AlderwoodPark BeachfrontPark 1:3,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:Applicant:Property Description: A 04/20 THIS IS NOT A PLAN OF SURVEY. Date: Apr. 17, 2020 ¯ Ann Harbour Estates Ltd.Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148(631 Liverpool Road) SubjectLands L:\PLANNING\01-MapFiles\A\2020\A 04-20 Ann Harbour Estates Ltd\A04_20_LocationMap.mxd EAttachment #1 to Report #PLN 02-21 Annland Street Liverpool RoadCommerce Street F r o n t R o a d Pleasant StreetWharf Street SandbarRoad Broadview Street 1:3,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Air Photo MapFile:Applicant:Property Description: THIS IS NOT A PLAN OF SURVEY. Date: Jul. 09, 2020 L:\PLANNING\01-MapFiles\A\2020\A 04-20 Ann Harbour Estates Ltd\A04_20_AirPhoto.mxd SubjectLands A 04/20Ann Harbour Estates Ltd.Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148(631 Liverpool Road) Attachment #2 to Report #PLN 02-21 L:\Planning\01-MapFiles\A\2020 July 21, 2020DATE: Applicant: Property Description: File No: Approved Site Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 04/20 Ann Harbour Estates Ltd. Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148 (631 Liverpool Road) Attachment #3 to Report #PLN 02-21 -04�f ­P1CKER1NG Decision of the Committee of Adjustment In the matter of Section 45 of The Planning Act, R.S.O. 1990, chapter P.13, PICA 29118 C.Newton 631 Liverpool Road The applicant requests relief from Zoning By-law 2520, as amended by By-law 5938102, to permit a private school on the subject lands, whereas the by-law does not permit a private school. The applicant requests approval of this variance· in order to expand the list of permitted uses on the subject property to include a private school. This application was heard by the City of Pickering Committee of Adjustment on August 22, 2018 due ncitice of such Hearing having been sent as required by the Committee of Adjustment. In making of this decision, the Committee has considered all written and oral submissions made to the Committee, and has adopted the following decision. It was the Decision of the Committee of Adjustment: That application PICA 29118 by C. Newton, be Approved on the grounds that the addition of a private school is minor in nature, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. That the variance for a private school shall only be approved for a temporary period of two years from the date of this report. Thatthe variance for the private school shall only be permitted to operate within the · ground floor and basement of the existing mixed-use building as illustrated on the approved site plan, dated February 9, 2018. That the private school shall be limited to a maximum g_ross leasable floor area of 335 square metres. That the private school shall not exceed a maximum of 50 students. That the private school shall be permitted to operate from September 1 st to July 1st between the hours of 7:00 am and 6:00 pm. That no other non-residential uses be pe_rmitted to operate on the subject property concurrent to the hours of operation of the private school as noted in Condition 5 above. That failure to comply with and maintain the conditions of the Committee will render the approved variance null and void. The operator of the proposed private school shall make arrangements to use pass_enger vans for transportation of students whenever possible, in order to minimize the amount of vehicular movement required for access and egress. Attachment #4 to Report #PLN 02-21 L:\Planning\01-MapFiles\A\2020 July 21, 2020DATE: Applicant: Property Description: File No: Submitted Floor Plan: Basement FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 04/20 Ann Harbour Estates Ltd. Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148 (631 Liverpool Road) Attachment #5 to Report #PLN 02-21 L:\Planning\01-MapFiles\A\2020 July 21, 2020DATE: Applicant: Property Description: File No: Submitted Floor Plan: First Floor FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 04/20 Ann Harbour Estates Ltd. Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148 (631 Liverpool Road) Attachment #6 to Report #PLN 02-21 L:\Planning\01-MapFiles\A\2020 July 21, 2020DATE: Applicant: Property Description: File No: Submitted Floor Plan: Second Floor FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 04/20 Ann Harbour Estates Ltd. Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148 (631 Liverpool Road) Attachment #7 to Report #PLN 02-21 L:\Planning\01-MapFiles\A\2020 July 21, 2020DATE: Applicant: Property Description: File No: Submitted Floor Plan: Third Floor FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 04/20 Ann Harbour Estates Ltd. Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148 (631 Liverpool Road) Attachment #8 to Report #PLN 02-21 L:\Planning\01-MapFiles\A\2020 July 21, 2020DATE: Applicant: Property Description: File No: Submitted Floor Plan: Roof FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 04/20 Ann Harbour Estates Ltd. Part Lot 22, Range 3 B.F.C.; Now Part 1, 40R-20148 (631 Liverpool Road) Attachment #9 to Report #PLN 02-21