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HomeMy WebLinkAboutPLN 23-21Report to Planning & Development Committee Report Number: PLN 23-21 Date: May 3, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 04/21 City Initiated Amendment to Seaton Zoning By-law 7364/14 Corner Rounding Zoning Provisions Recommendation: 1. That City Initiated Zoning By-law Amendment Application A 04/21 to amend Seaton Zoning By-law 7364/14, as amended, to include a corner rounding definition and provisions, be endorsed, and that the draft Zoning By-law Amendment containing the standards set out in Appendix I to Report PLN 23-21 be finalized and forwarded to Council. Executive Summary: A corner rounding definition and provisions were omitted from Seaton Zoning By-law 7364/14 when it was approved by the Ontario Municipal Board in 2014. A corner rounding provision establishes a smaller building setback requirement for a corner lot than is required to the front or side lot lines. Corner rounding provisions that are now typically included in site-specific amending by-laws do not exist in the Seaton By-law. As the Seaton Area continues to be developed, staff have noticed an influx in the submission of minor variance applications to address the setback of proposed dwellings from a corner rounding on a corner lot. The purpose of this report is to seek final Council approval of the City Initiated amendment to Zoning By-law 7364/14, as amended, to include a corner rounding zoning provision. The draft by-law adds a definition of ‘Corner Rounding’ and establishes the new setback to the corner for low and medium density housing forms. Financial Implications: The recommendations of this report do not present any financial implications for the City. Discussion: 1. Background A corner rounding is defined as a lot line of a corner lot at the intersection of two street lines in the form of an arc, that joins the front lot line to the flankage lot line. The purpose of a corner rounding is to ensure obstructions such as gardens, plants or fences on privately owned property do not impede the view of pedestrians, motorists and cyclists at the intersection of two street lines. The City may require a conveyance of lands for a corner rounding for road dedication purposes, to prevent sightline obstructions to ensure safe pedestrian and vehicular movement. Report PLN 23-21 May 3, 2021 Subject: City Initiated: Corner Rounding Zoning Provisions Page 2 A corner rounding provision establishes a smaller building setback requirement for a corner lot than is required to the front or flankage side lot lines (see Figure 1 below). For example, where a by-law requires a minimum front yard setback of 4.5 metres, on a corner lot, the minimum setback to a corner rounding at the front of the lot may be 3.9 metres. Figure 1: Example of Reduced Setback to Corner Rounding 1.1 Draft Implementing Zoning By-law Amendment Draft amendments to Zoning By-law 7364/14, containing the standards set out in Appendix I, adds a definition of ‘Corner Rounding’ to Section 10.0 – Definitions, and adds corner rounding zoning provisions to the Zone Categories identified in Section 4.0 – Residential Zone Regulations and Section 5.0 – Mixed Use Zone Regulation. A corner rounding provision is proposed to be added for the following residential building types within these Sections: detached dwelling, semi-detached dwelling, street townhouse dwelling, duplex dwelling, multiple attached building, back to back townhouse dwelling, block townhouse, and live work unit. A corner rounding provision is not proposed to be added for the following building types within these Sections: apartment building/nursing home/long-term care, retirement home, or building with sole retail/commercial uses. A provision is also not proposed to be added for building types with a minimum front yard and/or minimum flankage yard of 0 metres. 2. Public Consultation and Comments The draft zoning by-law amendment was circulated to the standard departments and agencies for review and comment in early April 2021. The draft zoning by-law amendment was also mailed and emailed to the Group Manager of the Seaton Landowners Group in early April 2021, for further circulation to the members of the group. 2.2 Written Submissions At the time of writing this report, no written comments have been received from the public or the Seaton Landowners Group. Any comments received from the public/landowners will be taken into consideration during staff’s drafting and finalization of the by-law. Report PLN 23-21 May 3, 2021 Subject: City Initiated: Corner Rounding Zoning Provisions Page 3 3. City Departments and Agency Comments As of writing this report, no comments have been received from City Departments or external agencies. Any comments received from the City Departments/agencies will be taken into consideration during staff’s drafting and finalization of the by-law. 4. Planning Analysis 4.1 The Proposal Conforms to the Pickering Official Plan The Seaton Urban Area is intended to be a walkable, pedestrian oriented community built at a relatively compact density. Proposing corner rounding provisions within the Seaton Area to facilitate the construction of a range of housing types and densities that meet the needs of the diverse population is in keeping with the policies of the Pickering Official Plan. 4.2 The Need to Implement a Zoning By-law Amendment A corner rounding definition and provisions were omitted from Seaton Zoning By-law 7364/14 when it was approved by the Ontario Municipal Board in 2014. Corner rounding provisions that are now typically included in site-specific amending by-laws do not exist in the Seaton By-law. The proposed zoning by-law amendment is expected to reduce the need for developers and builders in Seaton to seek minor variances to address the setback of proposed dwellings on corner lots. 4.3 Proposed Corner Rounding Provisions Minor variance applications submitted to date to address the setback of a proposed dwelling from a corner rounding have been for low-density and medium-density residential dwellings only. For this reason, a corner rounding provision is proposed to be added to Section 4.0 and Section 5.0 of By-law 7364/14 for building types including detached dwelling, semi-detached dwelling, street townhouse dwelling, duplex dwelling, multiple attached building, back to back townhouse dwelling, block townhouse, and live work unit. The requested variances between 2018 and 2021 to permit a reduced setback to a corner rounding in the front or flankage yard ranged between 2.0 metres and 0.2 metres, with the majority of requested variances ranging between 2.0 metres and 1.5 metres. For residential building types with a minimum front yard of 3.0 metres and a minimum flankage yard of 2.4 metres, staff are proposing a minimum setback of 1.75 metres to a corner rounding in the front and flankage yards. This is a 1.25 metre reduction to the required front yard and a 0.65 metre reduction to the required flankage yard. A corner rounding setback of 1.75 metres is inline with previous requested variances. Staff believe it is appropriate to further review a proposed setback to a corner rounding that is less than 1.75 metres through a minor variance application. Additionally, a minimum corner rounding setback of 1.75 metres has been used in site-specific amending by-laws outside of the Seaton Area, including in the Duffin Heights Area, which is comparable to the Seaton Area in terms of dense development. For residential building types with a minimum flankage yard of 2.0 metres, staff are proposing a minimum setback of 1.5 metres to a corner rounding in the flankage yard. For building types with a minimum flankage yard of 3.0 metres, staff are proposing a minimum setback of 2.0 metres to a corner rounding in the flankage yard. These corner rounding setbacks represent an incremental change based on a larger or smaller flankage side yard. 4.4 Staff Recommend an Implementing Zoning By-law Amen dment be Forwarded to Council for Enactment Staff recommend the Zoning By-law Amendment, containing the standards set out in Appendix I, to amend By-law 7364/14, to include a corner rounding definition and provisions, be finalized and forwarded to Council for enactment. Appendix: Appendix I Recommended Zoning By-law Provisions Prepared By: Approved/Endorsed By: Isabel Lima Planner I Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Catherine Rose, MCIP, RPP Chief Planner Report PLN 23-21 May 3, 2021 Subject: City Initiated: Corner Rounding Zoning Provisions Page 4 Kyle Bentley, P. Eng. Director, City Development & CBO IL:ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 23-21 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 04/21 Recommended Zoning By-law Provisions for Zoning By-law Amendment Application A 04/21 That the implementing zoning by-law include a corner rounding definition and zoning provisions within Seaton Zoning By-law 7364/14, in accordance with the following provisions: A. Corner Rounding Definition “Corner Rounding” means a lot line of a corner lot at the intersection of two street lines in the form of an arc, that joins the front lot line to the flankage lot line. B. Corner Rounding Setback (minimum) Despite any front yard or flankage yard requirement, on a corner lot, the setback to a corner rounding shall be: Minimum Corner Rounding Setback (metres) Low Density Type 1 (LD1) Zone Any Detached dwelling or Semi-detached dwelling 1.75 Low Density Type 1 – Townhouse (LD1-T) Zone Any street townhouse dwelling or duplex dwelling 1.75 Low Density Type 2 (LD2) Zone Any detached dwelling or semi-detached dwelling 1.75 Low Density Type 2 – Multiple (LD2-M) Zone Any street townhouse dwelling, duplex dwelling, multiple attached building, back to back townhouse dwelling, or block townhouse building 1.75 Medium Density – Detached & Semi (MD-DS) Zone Any detached dwelling or semi-detached dwelling 1.75 Medium Density – Multiple (MD-M) Zone Any street townhouse dwelling, duplex dwelling, multiple attached building, back to back townhouse dwelling, or block townhouse building 1.75 High Density (H) Zone Any multiple attached building or block townhouse building 1.75 Minimum Corner Rounding Setback (metres) Mixed Corridor Type 1 (MC1) Zone Any street townhouse dwelling, duplex dwelling, multiple attached building, back to back townhouse dwelling, or block townhouse building 1.75 Mixed Corridor Type 2 (MC2) Zone Any street townhouse dwelling, duplex dwelling, multiple attached building, or back to back townhouse dwelling 1.75 Any live work unit 1.5 Any block townhouse building 1.75 at front of lot 2.0 at flankage Minor Commercial Clusters – (MCC) Zone Any live work unit 1.5 Community Node – Pedestrian Predominant Area (CN-PP) – Zone Any live work unit 1.5 The above proposed provisions will amend the Additional Provisions Sections of Zoning By-law 7364/14.