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HomeMy WebLinkAboutInformation Report 17-21 Information Report to Planning & Development Committee Report Number: 17-21 Date: December 6, 2021 From: Catherine Rose, MCIP, RPP Chief Planner Subject: City Initiated Zoning By-law Amendment A 12/21 Proposed Reduction of the Maximum Dwelling Height for Infill and Replacement Dwellings Multiple Properties in the Established Neighbourhood Precinct Overlay Zones 1. Purpose of this Report The purpose of this report is to provide information on a City Initiated zoning by-law amendment to reduce the maximum permitted Dwelling Height for Infill and Replacement Dwellings from 10.0 to 9.0 metres in Established Neighbourhood Precinct Overlay Zones. 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 application, ask questions of clarification and identify any planning matters. This report is to be received and no decision is to be 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. Background In September 2017, Council directed staff to undertake an Infill & Replacement Housing in Established Neighbourhoods Study (the Infill Study). The Infill Study recommendations provided direction on the future evolution of the City’s identified established neighbourhood precincts so that neighbourhood precinct character is properly considered through the development and building approval processes for infill and replacement housing. The results of that Study included various proposed changes to the Pickering Official Plan and Zoning By-laws, and a recommendation to adopt Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts, dated August 2020 (see Recommendation Report PLN 18-20). Following the conclusion of the Infill Study in September 2020, Council authorized staff to initiate the Official Plan and Zoning By-law Amendment processes (OPA 20-006/P and A 11/20) to implement the recommendations of the Infill Study, and Council adopted Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts, dated August 2020 (see Resolution #428/20, Attachment #1). Information Report 17-21 Page 2 Following the planning process for those applications, including consultation with the public and agencies, staff, through Report PLN 33-21 dated September 13, 2021, recommended: • the approval of Official Plan Amendment 40 (OPA 40), which added new policies to the Pickering Official Plan with regard to Infill and Replacement Housing in Established Neighbourhood Precinct areas; • the adoption of Informational Revision 28, which added a layer identifying the boundaries of Established Neighbourhood Precincts to the informational neighbourhood maps contained within Chapter 12 – Urban Neighbourhoods, of the Pickering Official Plan; • the approval of amendments to Zoning By-laws 2511, 2520 and 3036 identifying an “Established Precinct Overlay Zone” with additional zoning provisions which included new definitions and development standards to limit the scale and massing of Infill and Replacement Housing in the identified Established Neighbourhood Precincts, and transitional provisions which address how Planning Act applications will be reviewed and addressed through the transition period between the adoption of the by-law amendments and any potential appeal process; and • the adoption of Revised Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts, August 2021. One of the provisions in the draft Zoning By-law Amendments was the Maximum Dwelling Height of 9.0 metres. While there had been some comments through the process about the 9.0 metre maximum dwelling height, it was not a major topic of discussion. The maximum dwelling height maintained the 9.0 metres height limit established through City Initiated Zoning By-law Amendment A 9/17, which resulted in the passing of By-law 7610/18 establishing 9.0 metres as the maximum height in the R3 and R4 zoning categories in By-laws 2511 and 2520. That By-law was not appealed. On September 13, 2021, Planning & Development Committee approved the recommendations of Report PLN 33-21. On September 27, 2021, Council considered the Report of the Planning & Development Committee. Following discussion about the Infill & Replacement Housing in Established Neighbourhood Official Plan and Zoning By-law Amendments, and prior to voting on the item, Council moved and approved an amendment to the Zoning By-laws amending 2511, 2520 and 3036, to increase the maximum Dwelling Height within the Established Neighbourhood Precincts from 9.0 metres to 10.0 metres. The item was carried as amended, thus affecting Zoning By-laws 7872/21, 7873/21, and 7874/21. The By-law adopting Official Plan Amendment 40 was not affected. On October 25, 2021, Council reconsidered its decision of September 27, 2021, and directed staff to initiate an amendment to Zoning By-laws 7872/21, 7873/21, and 7874/21 to reduce the maximum Dwelling Height provision from 10.0 metres to 9.0 metres within Established Neighbourhood Precincts, in accordance with the original recommendations of Report PLN 33-21 of the Planning & Development Committee of September 13, 2021. Information Report 17-21 Page 3 3. Proposal amending Zoning By-laws 7872/21, 7873/21, and 7874/21 The City Initiated Zoning By-law Amendment proposes to reduce the maximum permitted Dwelling Height for Infill and Replacement Dwellings from 10.0 to 9.0 metres in Established Neighbourhood Precinct Overlay Zones set out in Zoning By-laws 7872/21, 7873/21, and 7874/21, which amend Zoning By-laws 2511, 2520 and 3036, as amended, respectively. The areas within the Established Neighbourhood Precinct Overlay Zones are shown on the Location Map provided as Attachment #2. No change is proposed to the areas within the Established Neighbourhood Precinct Overlay Zones. 4. Policy Framework 4.1 Durham Regional Official Plan Lands identified within the Established Neighbourhood Precinct Overlay Zones are designated as “Living Areas” in the Durham Regional Official Plan. Lands within the “Living Areas” designation shall be used predominantly for housing purposes, incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. The proposed Zoning By-law Amendment conforms to the policies of the Durham Regional Official Plan. 4.2 Pickering Official Plan The Pickering Official Plan designates the lands within the Established Neighbourhood Precinct Overlay Zones as “Urban Residential Areas – Low Density Areas”. The “Urban Residential Areas – Low Density” designation include areas intended primarily for housing and related uses and activities, and permits a maximum net residential density of 30 dwellings per net hectare. An objective of the City’s Official Plan is to protect and enhance the character of established neighbourhoods and to have consideration for such matters as building height, yard setback, lot coverage, access to sunlight, parking provisions and traffic implications in establishing performance standards. In addition, as noted earlier in Section 2, on September 27, 2021, Council approved OPA 40, which added new policies to the Pickering Official Plan, identified certain areas within the City that may be more susceptible to the construction of Infill and Replacement Dwellings, and required that such new development fits in, complements and is compatible with the character of the Established Neighbourhood Precinct. The proposed Zoning By-law Amendment conforms to the policies of the Pickering Official Plan. 4.3 The Neighbourhood Development Guidelines There are three Neighbourhood Development Guidelines that apply to areas subject to the proposed zoning by-law provision. They are the Rosebank Neighbourhood Development Guidelines, the Liverpool Road Waterfront Node Development Guidelines, and the Dunbarton Neighbourhood Development Guidelines. Information Report 17-21 Page 4 The proposed Zoning By-law Amendment does not conflict with these Development Guidelines. 5. Notice and Comments Received 5.1 Notice On November 12, 2021, written notice of the Statutory Public Meeting was mailed to landowners within the Established Neighbourhood Precincts and to landowners within 150 metres of the subject precincts. The notice was also posted on the City’s website. On November 8, 2021, the application was circulated to the City departments and agencies for review and comment. In addition, notice of the Statutory Public Meeting being hosted on December 6, 2021, will be placed on the Community Page in the November 25, 2021 and December 2, 2021 editions of the News Advertiser. All individuals and organizations listed on the Interested Parties List for the Infill Study, and Amendment Applications OPA 20-006/P and A 11/20 were also notified of the public meeting. 5.2 Public Comments At the time of writing this Report, no comments have been received from the public. 5.3 Agency and City Department Comments At the time of writing this Report, no comments have been received from the circulated agencies and City departments. 6. Procedural Information 6.1 General • written comments regarding this proposal should be directed to the City Development Department; • oral comments may be made at the Electronic Statutory Public 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; and • 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. 7. Information Received Copies of the reports and studies in support of the application are listed below and are available for viewing on the City’s website at pickering.ca/devapp or at the offices of the City of Pickering, City Development Department: Information Report 17-21 Page 5 • Report PLN 33-21; • Report PLN 18-20; • Infill & Replacement Housing in Established Neighbourhoods Study, Planning Recommendations Report, August 2020; • Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts, August 2021. 8. Other Information The City received 2 appeals in respect of Official Plan Amendment 40 (By-law 7871/21) and Zoning By-laws 7872/21, 7873/21, and 7874/21 (OPA 20-006/P and A 11/20); one appealing the by-law to adopt the Official Plan amendment and the by-laws amending By-laws 2511, 2520 and 3036; and the other appealing the by-law to adopt the Official Plan amendment and the by-law amending By-law 2511. The appeal package has been submitted to the Ontario Land Tribunal. 9. Next Steps Following the public meeting, all comments received either through the public meeting or through written submissions, will be considered by Planning staff in its review and analysis of the proposed amendment. At such time as input from the public, agencies and departments have been received and assessed, a recommendation report will be brought forward to the Planning & Development Committee for consideration. Attachments: 1. Resolution #428/20 2. Location Map Prepared By: Original Signed By Margaret Kish, MCIP, RPP Principal Planner, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner MK:DJ:ld Date of Report: November 16, 2021 Attachment #1 to Information Report 17-21 Legislative Services Division Clerk’s Office Directive Memorandum October 2, 2020 To: Kyle Bentley Director, City Development & Chief Building Official From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on September 28, 2020 Director, City Development & CBO, Report PLN 18-20 Infill and Replacement Housing in Established Neighbourhoods Study -Planning Recommendations Report (Phase 3 Report) Council Decision Resolution #428/20 1.That the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020, as contained in Attachment #1 to Report 18-20, be endorsed; 2.That, in accordance with the recommendations in the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020, City staff; a)be authorized to initiate the recommended Official Plan and Zoning By-law Amendment processes; b)be authorized to undertake the necessary steps to implement the recommended by-law to restrict the width of driveways in the public right-of- way; and, c)be directed to investigate the implementation of a by-law for the protection of trees on private property and report back to Council in mid 2021. 3.That Council adopt the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts contained in Appendix B of the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020. Please take any action deemed necessary. Susan Cassel Copy: Interim Chief Administrative Officer Attachment #2 to Information Report 17-21 No t i o n R o a d Glena nnaRoad Stro ud s Lane Bayly Street Pic keringParkway V alley Far m Road Dixie Road Sq u i r e s B e a c h R o a d Alt o n a R o a d Sandy Beach Road Finch Avenue Liverpool Road Fa i r p o r t R o a d Kin g s t o n R o a d Rosebank Road Gra nit e Court Third Concession Road Brock Road Highway 401 Clements Road Sc a r b o r o u g h P i c k e r i n g T o w n l i n e McKa y Road Whites Road Sid e l i n e 3 4 Taunton Road Rosebank West Shore BrockIndustrial Rougemount Woodlands Dunbarton Highbush Amberlea BrockRidge Rouge Park DuffinHeights BayRidges City Centre Liverpool VillageEast City DevelopmentDepartment Location MapFile:Applicant:Municipal Address: A 12/21 Date: Nov. 16, 2021 ¯ City of PickeringEstablished Neighbourhood Precinct Overlay Zones Lake Ontario L:\PLANNING\01-MapFiles\A\2021\A 12-21 - Infill Height reduction\A12_21_LocationMap.mxd 1:45,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © 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, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. Legend Neighbourhood Boundaries Established Neighbourhood Precinct Overlay Zones