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HomeMy WebLinkAboutPLN 01-22 Report to Planning & Development Committee Report Number: PLN 01-22 Date: January 10, 2022 From: Kyle Bentley Director, City Development & CBO Subject: City Initiated Zoning By-law Amendment Proposed Reduction of the Maximum Dwelling Height for Infill and Replacement Dwellings - File: A12/21 Recommendation: 1. That Zoning By-law Amendment Application A 12/21, initiated by the City of Pickering 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, be approved, and that the Draft Zoning By-law Amendments as set out in Appendices l, ll, and lll to Report PLN 01-22 be finalized and forwarded to Council for enactment. Executive Summary: 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 permitted Dwelling Height provision from 10.0 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. Report PLN 01-22 provides the results of the consultation for the proposed zoning by-law amendments, and recommends approval of the amendments. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. Discussion: 1. Background/Purpose 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 the Infill 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). Report PLN 01-22 January 10, 2022 Subject: City Initiated Zoning By-law Amendment A 12/21 Page 2 In March 2018, Council endorsed the 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-law 2511. That By-law was not appealed. 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 Council Resolution #428/20, Attachment #1). 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 Neighbourhood Precinct Overlay Zone” with additional zoning provisions which included new definitions and development standards to limit the scale and massing of Infill and Replacement Dwellings 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 the above noted City Initiated Zoning By-law Amendment A 9/17. 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 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. Report PLN 01-22 January 10, 2022 Subject: City Initiated Zoning By-law Amendment A 12/21 Page 3 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. On November 12, 2021, staff initiated Zoning By-law Amendment A12/21 by mailing a notice of the Statutory Public Meeting 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 hosted on December 6, 2021, was 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 the subsequent amendment applications OPA 20-006/P and A 11/20 were also notified of the public meeting. 2. Consultation/Comments Received 2.1 Comments from the December 6, 2021 Statutory Public Meeting On December 6, 2021, the Statutory Public Meeting with regard to proposed Zoning By-law Amendment A12/21 was held, and 9 individuals provided a delegation at the meeting. Additional comments were received via email and phone call prior to, and following, the December 6, 2021 meeting. Some of the comments received in support of the maximum height reduction from 10.0 to 9.0 metres in Established Neighbourhood Precincts referred to the extensive engagement process through the Infill Study and subsequent Official Plan and Zoning By-law processes, as well as the goal and purpose of the Infill Study which was to manage the compatibility of new construction with existing dwellings in the Established Neighbourhood Precincts. Some of the comments in opposition to the proposed zoning by-law amendments included the following: concern that a 9.0 metre maximum dwelling height will enable a 10 foot high main and second storey, and 9 foot basement, ceiling height; that the City would waste resources due to a potential increase in the number of Minor Variance applications; questioning the determination of 9.0 metres as an appropriate maximum dwelling height; and comparing the proposed maximum dwelling height to maximum height restrictions in other municipalities. A complete summary of the staff responses to the comments and concerns associated with the December 6, 2021 Statutory Public Meeting was prepared and is included in Attachment #2 (Summary of Comments and Staff Responses Related to the December 6, 2021, Statutory Public Meeting) to this report. Report PLN 01-22 January 10, 2022 Subject: City Initiated Zoning By-law Amendment A 12/21 Page 4 2.2 Comments from Agencies and City Departments 2.2.1 Region of Durham The Region of Durham has indicated that the proposed zoning by-law amendments are consistent with the Provincial Policy Statement and conforms with A Place to Grow, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Plan. The Region has no concerns with the passing of the zoning by-law amendments. 2.2.2 Other Agencies Durham District School Board and Enbridge Gas Inc. have no objection to the amendments. Canada Post and Central Lake Ontario Conservation Authority indicated that they have no comments. 3. Lands Affected by the Draft Zoning By-law Amendments The recommended Draft Zoning By-law Amendments apply to areas within the City identified as Established Neighbourhood Precinct Overlay Zones. They are shown on the Location Map in Attachment #3 and on the schedules included in the Draft Zoning By-law Amendments in Appendices l, ll, and lll. The boundaries of the Established Neighbourhood Precinct Overlay Zones were determined through the Infill Study and refined through the OPA 20-006/P and A 11/20 Amendment application process, and are based on a combination of age of dwellings, existing lot coverage, areas within neighbourhoods with comparatively larger lots, and the prevalence of new construction. 4. Recommended Zoning By-law Amendment Application A 12/21 The majority of the subject lands within the Established Neighbourhood Precinct Overlay Zones are currently zoned as “Detached Dwelling, Third Density Zone – R3”, “Detached Dwelling, Fourth Density Zone – R4”, or “Multiple Family Dwelling, First Density Zone – RM1 or a site-specific zone for residential dwellings including single detached dwellings, semi-detached dwellings, and single attached dwellings (street townhouse dwellings). Uses permitted in the “R3” and “R4” zones are single detached dwellings. Uses permitted in the “RM1” zone include single detached dwellings, semi-detached dwellings and duplex dwellings. The proposed City Initiated Zoning By-law Amendments to reduce the maximum permitted Dwelling Height for Infill and Replacement Dwellings from 10.0 to 9.0 metres, seeks to assist in managing the height of new infill and replacement housing so that it is compatible with the existing built form within Established Neighbourhood Precinct Overlay Zones. The recommended zoning provision is set out in the Draft Zoning By-law Amendments in Appendices l, ll, and lll. Report PLN 01-22 January 10, 2022 Subject: City Initiated Zoning By-law Amendment A 12/21 Page 5 Staff undertook extensive public engagement on the matter of Infill and Replacement Housing in Established Neightbourhoods, which included the Focus Group discussions in 2017, the City Initiated Zoning By-law Amendment A 9/17 in 2017, the Infill and Replacement Housing in Established Neightbourhoods Study (Infill Study) completed by the City’s consultant SGL Planning & Design Inc. between 2018 to 2020, and the recent Planning Act process for the official plan and zoning by-law amendments for Infill Housing (OPA 20-006/P and A 11/20 respectively) between 2020 and 2021. City Initiated Zoning By-law Amendment A 9/17 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-law 2511. That By-law was not appealed. Although there were some comments through the official plan and zoning by-law amendments for Infill Housing process (OPA 20-006/P and A 11/20 respectively) about the 9.0 metre maximum dwelling height, it was not a major topic of discussion. Reducing the maximum permitted dwelling height from 10.0 to 9.0 metres in the Established Neighbourhood Precinct Overlay Zones, will correct a situation whereby the permitted height within the Established Neighbourhood Precincts would otherwise, in most cases, be less restrictive than outside of the Precincts. Permitting a maximum dwelling height of 10.0 metres is counter to the intent of the Infill Study, which is to manage built form and height of new construction to be compatible with the character of the Established Neighbourhood Precinct. The proposed zoning by-law conforms with and implements the City’s Official Plan, and is consistent with the Council adopted Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts, August 2021. 5. Planning Analysis Section 4 of Information Report 17-21 dated November 16, 2021, read together with Sections 3 and 4 of this report, provides the detail regarding the planning rationale in support of the Draft Zoning By-law Amendments for By-laws 7872/21, 7873/21, and 7874/21. The recommended amendments seeks to manage the height of new construction of infill and replacement dwellings within identified Established Neighbourhood Precincts. 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. The recommended Draft Zoning By-law Amendments conform with the Pickering Official Plan. Report PLN 01-22 January 10, 2022 Subject: City Initiated Zoning By-law Amendment A 12/21 Page 6 As such, the recommended Zoning By-law Amendments are consistent with the Provincial Policy Statement, 2020, and A Place to Grow, Growth Plan for the Greater Golden Horseshoe, 2020. In addition, the Zoning By-law Amendments conform to the policies of the Durham Regional Official Plan. As noted in Subsection 2.2.1 above, Durham Region has indicated that, they have no concerns with the passing of the Zoning By-law Amendments. 6. Conclusion Council 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 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. The recommended Draft Zoning By-law Amendments shown in Appendices l, ll, and lll, appropriately reflect the requested change to the provision for maximum Dwelling Height from 10.0 to 9.0 metres in Zoning By-laws 7872/21, 7873/21, and 7874/21. Staff recommend that Zoning By-law Amendment Application A 12/21, initiated by the City of Pickering, 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, be approved, and that the Draft Zoning By-law Amendments as set out in Appendices l, ll, and lll to Report PLN 01-22 be finalized and forwarded to Council for enactment. Appendices: Appendix l Draft Zoning By-law Amendment to Zoning By-law 7872/21 Appendix ll Draft Zoning By-law Amendment to Zoning By-law 7873/21 Appendix lll Draft Zoning By-law Amendment to Zoning By-law 7874/21 Attachments: 1. Council Resolution #428/20 2. Summary of Comments and Staff Responses Related to the December 6, 2021, Statutory Public Meeting 3. Location Map Report PLN 01-22 January 10, 2022 Subject: City Initiated Zoning By-law Amendment A 12/21 Page 7 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 Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO MK:DJ:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report No. PLN 01-22 Draft Zoning By-law Amendment to Zoning By-law 7872/21 The Corporation of the City of Pickering Draft By-law No. XXXX/XX Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham (A 12/21) Whereas the Council of The Corporation of the City of Pickering authorized staff to retain consultants to complete an Infill and Replacement Housing in Established Neighbourhoods Study; Whereas on September 14, 2020, staff presented the results of the Infill and Replacement Housing in Established Neighbourhoods Study to the Planning & Development Committee in Report PLN 18-20; Whereas on September 14, 2020, the Planning & Development Committee recommended approval of the recommendations contained in Report PLN 18-20, which included a provision for a maximum dwelling height of 9.0 metres within Established Neighbourhood Precincts; Whereas on September 28, 2020, Council endorsed the recommendations of the Infill and Replacement Housing in Established Neighbourhoods Study, which included a provision for a maximum dwelling height of 9.0 metres within Established Neighbourhood Precincts; Whereas on September 27, 2021, Council considered Report PLN 33-21 of the Planning & Development Committee and revised the recommended maximum dwelling height provision form 9.0 metres to 10.0 metres within Established Neighbourhood Precincts; Whereas on October 25, 2021, Council reconsidered its decision of September 27, 2021 and directed staff to initiate an amendment to the by-laws 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; and Whereas an amendment to By-law 2511, as amended by By-law 7872/21, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules I, ll and lll Schedules I, ll and lll, attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. By-law No. XXXX/XX Page 2 Draft 2. Area Restricted The provisions of this By-law shall apply to those lands in the City of Pickering located within an “Established Neighbourhood Precinct Overlay Zone” on Schedules l, ll and IIl, inclusive, attached hereto. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Provisions (“Established Neighbourhood Precinct Overlay” Zone) (1) Zone Requirements (“Established Neighbourhood Precinct Overlay” Zone) Within any Residential Zone, no person shall use any building, structure or land, nor erect any building or structure within the lands designated “Established Neighbourhood Precinct Overlay Zone” on Schedules l, ll and IIl, inclusive, attached hereto, except in accordance with the following provisions: (a) Dwelling Height (maximum): 9.0 metres 5. By-law 2511, as amended by By-law 7872/21 By-law 2511, as amended by By-law 7872/21, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedules I, ll and lII, to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended by By-law 7872/21. 6. 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, 20XX. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk Draft Draft R ou g emou n t Dri v e Gr a niteCourt Rodd Avenue Ki n gs t on R o a d Toynevale Road Foster Court H i gh way 401 Co w an Circle Gillmos s R o a d Ch a ntil l y R o a d Pett i coa t Cree k Ro s e b a n k R o a d Oa k w o o d D r i v e Mo un t ain Ash Drive Ly t t o n C o u r t D y s o n R o a d WhitesRoad S a n d s t o n e M a n o r Mc l e o d C r e s c e n t Bella V ista Dr i v e Da h l i a C r e s c e n t P i n e R i d g e R o a d Moo relan d s C resc e n t R4 (H)S4-19 R4 S2-16 R4 R3 R4 R4 S4-19 R4 R3 R4 R4R3 S2-16 R4 R3 R4 R3 S4-18 R4 R3 R4 OS-HL R4 R3 R3 R3R3 S2-16 R4 R4 R4 S4-19 R4 S R4 S2-16 R4 S Clerk Mayor Schedule I to By-Law Passed This Day of NXXXX/XX ___ ________ 20XX Established Neighbourhood Precinct Overlay Zone Br o a d g r e e n S t r e e t Downland Drive Hi l l c r e s t R o a d Ey e r D r i v e We s t S h o r e B o u l e v a r d Cr e e k v i e w C i r c l e P a r k C r e s c e n t Vicki Drive V i c t or C o u r t B r e e z y D r i v e Oklahoma Drive Ch i p m u n k S t r e e t Bria n C ourt Sunrise Avenue Car m ello C o urt Tullo Street Surf Avenue Beach p o int P r o m e n a d e P etticoat Lane Ma r k s b u r y R o a d Vi c t o r y D r i v e Hi l l v i e w C r e s c e n t Abingdon Court Hampton Court Ma r k s b u r y R o a d Sandc a s t l eCourt Ye r e m i S t r e e t Le a s i d e S t r e e t Mink StreetStonebridge Lane Cl i f f v i ew R o a d Lake Ontario R4 R4 R4 R4 R4 R4 R4 R4 C17-R R4 R4 R4 R4 R4 R4 R3 R4 R4 R4 Schedule II to By-Law Passed This Day of XXXX/XX ___ ________ 20XX Mayor i N Established Neighbourhood Precinct Overlay Zone Clerk Krosno Boulevard Ba l a t o n A v e n u e Li v e r p o o l R o a d Zator Avenue B e m A v e n u e Gull Crossing Brow nin g Avenue M o d l i n R o a d Fa i r v i e w A v e n u e Do u g l a s A v e n u e Ch a p l ea u Drive Annland S t r e et Colmar Avenue Trell is C o u rt Brixton L a n e F r o n t R o a d Gr e n o b l e B o u l e v a r d Foxglove Avenue Shearer Lane Haller Avenue St M a r ti n s D r i v e Naroch Boulevard Monica Cook Place Commerce Street An to n i o Street H e l e n Cr esc e n t Pl e a s a n t S t r e e t Bayview Street M i r i a m R o a d Wharf Street Ilona Park Road King fi sh e r D r i v e He w s o n D r i v e Old O r c h ard A v e n u e Broadview Street Frenchman's Bay R4 R4 R4 C1 R4-21 R4 R4 R4 R4 R4 R4 R4 R4 R4-11 (H)O3B R4 R4 R4 Schedule III to By-Law Passed This Day of XXXX/XX ___ ________ 20XX Mayor i N Established Neighbourhood Precinct Overlay Zone Clerk Appendix II to Report No. PLN 01-22 Draft Zoning By-law Amendment to Zoning By-law 7873/21 The Corporation of the City of Pickering Draft By-law No. XXXX/XX Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham (A 12/21) Whereas the Council of The Corporation of the City of Pickering authorized staff to retain consultants to complete an Infill and Replacement Housing in Established Neighbourhoods Study; Whereas on September 14, 2020, staff presented the results of the Infill and Replacement Housing in Established Neighbourhoods Study to the Planning & Development Committee in Report PLN 18-20; Whereas on September 14, 2020, the Planning & Development Committee recommended approval of the recommendations contained in Report PLN 18-20, which included a provision for a maximum dwelling height of 9.0 metres within Established Neighbourhood Precincts; Whereas on September 28, 2020, Council endorsed the recommendations of the Infill and Replacement Housing in Established Neighbourhoods Study, which included a provision for a maximum dwelling height of 9.0 metres within Established Neighbourhood Precincts; Whereas on September 27, 2021, Council considered Report PLN 33-21 of the Planning & Development Committee and revised the recommended maximum dwelling height provision form 9.0 metres to 10.0 metres within Established Neighbourhood Precincts; Whereas on October 25, 2021, Council reconsidered its decision of September 27, 2021 and directed staff to initiate an amendment to the by-laws 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; and Whereas an amendment to By-law 2520, as amended by By-law 7873/21, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules I and ll Schedules I and ll, attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. By-law No. XXXX/XX Page 2 Draft 2. Area Restricted The provisions of this By-law shall apply to those lands in the City of Pickering located within an “Established Neighbourhood Precinct Overlay Zone” on Schedules l and II, inclusive, attached hereto. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Provisions (“Established Neighbourhood Precinct Overlay” Zone) (1) Zone Requirements (“Established Neighbourhood Precinct Overlay” Zone) Within any Residential Zone, no person shall use any building, structure or land, nor erect any building or structure within the lands designated “Established Neighbourhood Precinct Overlay Zone” on Schedules l and II, inclusive, attached hereto, except in accordance with the following provisions: (a) Dwelling Height (maximum): 9.0 metres 5. By-law 2520, as amended by By-law 7873/21 By-law 2520, as amended by By-law 7873/21, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedules I, and lI, to 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 by By-law 7873/21. 6. 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, 20XX. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk Draft Draft Br o a d g r e e n S t r e e t Downland Drive Hi l l c r e s t R o a d Ey e r D r i v e We s t S h o r e B o u l e v a r d Cr e e k v i e w C i r c l e P a r k C r e s c e n t Vicki Drive V i c t or C o u r t B r e e z y D r i v e Oklahoma Drive Ch i p m u n k S t r e e t Bria n C ourt Sunrise Avenue Car m ello C o urt Tullo Street Surf Avenue Beach p o i n t Prome nad e P etticoat Lane Ma r k s b u r y R o a d Vi c t o r y D r i v e Hi l l v i e w C r e s c e n t Abingdon Court Hampton Court Ma r k s b u r y R o a d Sandc a s t l eCourt Ye r e m i S t r e e t Le a s i d e S t r e e t Mink StreetStonebridge Lane Cl i f f v i ew R o a d Lake Ontario RM1 S SD S Schedule I to By-Law Passed This Day of XXXX/XX ___ ________ 20XX Mayor i N Established Neighbourhood Precinct Overlay Zone Clerk Krosno Boulevard Ba l a t o n A v e n u e Li v e r p o o l R o a d Zator Avenue B e m A v e n u e Gull Crossing Bro w ni n g A v e n u e M o d l i n R o a d Fa i r v i e w A v e n u e Do u g l a s A v e n u e Ch a p l e a uDrive Annland S t r e et Si m p s o n A v e n u e Colmar Avenue Tr e l l is C o u r t Wa t er p oint Street Brixton L a n e F r o n t R o a d Gr e n o b l e B o u l e v a r d Foxglove A v e n u e Shearer Lane Haller Avenue St M a r ti n s D ri v e Naroch Boulevard Monica Cook Place Commerce Street An to n i o Street H e l e n Cr esc e n t Pl e a s a n t S t r e e t Bayview Street M i r i a m R o a d Wharf Street Ilona Park Road King fi sh e r D r i v e He w s o n D r i v e Old O r c hard A v e n u e Broadview Street Frenchman's Bay RM1 RM1 RM1 R4 R4 RM2 R4 RM1 RM1 RM1 R4 RM1 A36 R4 RM1 RM1 RM1 Schedule II to By-Law Passed This Day of XXXX/XX ___ ________ 20XX Mayor i N Established Neighbourhood Precinct Overlay Zone Clerk Appendix III to Report No. PLN 01-22 Draft Zoning By-law Amendment to Zoning By-law 7874/21 The Corporation of the City of Pickering Draft By-law No. XXXX/XX Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham (A 12/21) Whereas the Council of The Corporation of the City of Pickering authorized staff to retain consultants to complete an Infill and Replacement Housing in Established Neighbourhoods Study; Whereas on September 14, 2020, staff presented the results of the Infill and Replacement Housing in Established Neighbourhoods Study to the Planning & Development Committee in Report PLN 18-20; Whereas on September 14, 2020, the Planning & Development Committee recommended approval of the recommendations contained in Report PLN 18-20, which included a provision for a maximum dwelling height of 9.0 metres within Established Neighbourhood Precincts; Whereas on September 28, 2020, Council endorsed the recommendations of the Infill and Replacement Housing in Established Neighbourhoods Study, which included a provision for a maximum dwelling height of 9.0 metres within Established Neighbourhood Precincts; Whereas on September 27, 2021, Council considered Report PLN 33-21 of the Planning & Development Committee and revised the recommended maximum dwelling height provision form 9.0 metres to 10.0 metres within Established Neighbourhood Precincts; Whereas on October 25, 2021, Council reconsidered its decision of September 27, 2021 and directed staff to initiate an amendment to the by-laws 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; and Whereas an amendment to By-law 3036, as amended by By-law 7874/21, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules I, ll, lll, lV and V Schedules I, ll, lll, lV and V attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. By-law No. XXXX/XX Page 2 Draft 2. Area Restricted The provisions of this By-law shall apply to those lands in the City of Pickering located within an “Established Neighbourhood Precinct Overlay Zone” on Schedules l, ll, IIl, lV and V inclusive, attached hereto. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Provisions (“Established Neighbourhood Precinct Overlay” Zone) (1) Zone Requirements (“Established Neighbourhood Precinct Overlay” Zone) Within any Residential Zone, no person shall use any building, structure or land, nor erect any building or structure within the lands designated “Established Neighbourhood Precinct Overlay Zone” on Schedules l, ll, lll, lV and V, inclusive, attached hereto, except in accordance with the following provisions: (a) Dwelling Height (maximum): 9.0 metres 5. By-law 3036, as amended by By-law 7874/21 By-law 3036, as amended by By-law 7874/21, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedules I, ll, lll, lV and V, to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended by By-law 7874/21. 6. 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, 20XX. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk Draft Draft Oa k b u r n S t r e e t Ashwo o d G a t e Al t o n a R o a d Lawson Street Pi n e G r o v e A v e n u e Valley Gate Littleford Street Hogarth Street Wilcrof tCourt Fo r e s t v i e w D r i v e Fiddlers Cou r t F a w n da l e R o a d G wend olyn Street Wo o d v i e w A v e n u e Rougemount Drive Toml inson Court Brookridge G ate D a l e w o od Drive Twyn Rivers Drive S w e etbriar Court B r i mwood Court R i v e r v i e w C r e s c e n t Rich a rdson Street Hoover Drive St ov e rCrescent Va l l e y R id g eCrescent G r a n b y C o u rt R o u g e V al l e y D riv e Ho w e ll C rescent Wo o d v i e w D r i v e Sheppard Avenue R3 R3 R4 R4 R4 R3 R3 R3 R4 R3 R3 R4 R3 R3 R4R4 R4 R4 R1-2 R3 R3 R4 R4 R4 R3R4 R4 R3 R4 R1-1 R4 R3 R3 R4 R1-3 Clerk Mayor Schedule I to By-Law Passed This Day of NXXXX/XX ___ ________ 20XX Established Neighbourhood Precinct Overlay Zone Wh i t e s R o a d Sheppard Avenue Barry Drive Ro s e b a n k R o a d We y b u r n S q u a r e E d m u n d D r i ve Ol d F o r e s t R o a d Dunfair Street Steeple Hill Cattail C o u r t Li g h t f o o t P l a c e Daylig ht C ou r t Rouge Hill Court Pineview Lane Rainy Day Drive Ro s e b a n k R o a d Sun d o w nCrescent Am b erwood C rescent H i g h b u s h T r a i l Ga r d e n v i e w Sq u a r e R3 R3 R4 R4 R4-18 R4 R3 R4 R4 R4 R4 R4 Clerk Mayor Schedule II to By-Law Passed This Day of NXXXX/XX ___ ________ 20XX Established Neighbourhood Precinct Overlay Zone Fa i r p o r t R o a d Highview Road Glenanna R oa d A p p l e v i e w Roa d Bonita Avenue Gol d en r i d g e R o a d Bowle r Dr i v e Ea s t b a n k R o a d Sh a d y b r o o k D r i v e Pe b b l e C o u r t Ridgewoo dCou rt Edgewood Road Kitley A v e n u e Rambleberry Avenue As p e n R o a d H u n ts m il l Dri ve Wal nut Lane Pa r k s i d e D r i v e New Street Deerbro ok D r iv e Di x i e R o a d Ra w li n gs Dr ive Falco n cr e s t D riv e Sp r u c e H i l l R o a d Strouds Lane Crick e t L a n e Or i on C o u r t Du n b a rto n R oa d Lo n g b o w D r i v e Ka tesLane Cobblers Court Malde nCrescent Ea g l e v i e w Driv e Be l ind a C o u r t Gle n Ede n Co urt Hedgerow Plac e EchoPoint C o u r t He a t h s i d e C r e s c e n t Ada Cour t Kelvinway Lan eSh a d e M a s t e r D r i v e Voyager Avenue Mo nteagle L a n e Wo llas ton C ourt W i n g a rden CrescentChar t w ell Co urt Welrus Street Una Road Falconw oo d Way Millbank Road Taplin Drive WoodruffC r e s c e n t Rathmo r eCrescent St o r r i n g t o n S t r e e t Si l v e r S p r u c e D r i v e Ly d i a C r e s c e n t Fol eye tCrescent M ea d o w v i e w Avenue Highway 4 0 1 Li s t o w e l l C r e s c e n t St o n e p a t h C i r c l e Mountcastle C rescent Bro ok s h ir e Sq u a r e Gloucester Square R4 R3 S3-8 R4-12 R4 R3 R4 R4 C2-2 R3 R3 R3 C.N.R. R3 R3 R4-19 S2 R3 S2 R4-15 R3 R3 R4 S3 R3 R4 R4-8 R4-19 R3 R4 R4 S1 R3 R3 R3 S3 S3-10 R4 R4 R3 R3 R3 S3-10 R4 R3 R3-DN S3-8 R3 R3 R3 R3 S1 R4 S1 S1 R4 S1 R3 Clerk Mayor Schedule III to By-Law Passed This Day of NXXXX/XX ___ ________ 20XX Established Neighbourhood Precinct Overlay Zone Wo o d v i e w A v e n u e Va l l e y v i e w D r i v e Pine Grove Avenue Lawson Street Waterford Gate Hogarth Street Wilcroft Court Va l l e y R i d g e C r e s c e n t Th i c k e t C r e s c e n t Fo r e s t v i e w D r i v e Butternut C ourt No r d a n e D r i v e Sa n d c h e r r y C o u r t Tranquil Court Oa k b u r n S t r e e t Cas tl e S treet Prohill Street West Lane We s t c r e e k D r i v e Sweetbriar Court Wo o d v i e w A v e n u e Lancr e st Street Copley Street Secord Street Sandhurst C rescent Mossbrook S qu ar e Rou g eForest Crescent Ro c k w o o d D r i v e White Pine Crescent Senator Street R4 R4 S4-1 R4 S1-14 S1-15 S1-13 R4 R4 R4 S1-14 A R4 R4 R4 R4 S1-13 R4 R4 R4 S1-13 S1-15 R4 S1-14 Clerk Mayor Schedule IV to By-Law Passed This Day of NXXXX/XX ___ ________ 20XX Established Neighbourhood Precinct Overlay Zone Bo w l e r D r i v e Glenview R o a d B o w l e r D ri v e Me m o r y L a n e Everton Street Fie l d l i g h t B o u l e v a r d Rosef ield R oad Gl e n d a l e D r i v e Mulmur C our t Lo d g e R o a d Poppy Lane Bic r o f t C o u r t D i e fe n baker C o u r t Av o nm or e Square Brands Court Ca n b o r o u g h C r e s c e n t The Espla n a d e S The Espla n a d e N Glen g ro v e R oad Fa y lee C re sce nt Ma l d e n C r e s c e n t A n t on Sq u are Br o n t e S q u a r e R3 R3 R3 R3 R4 R3 R3 R3 R3 Clerk Mayor Schedule V to By-Law Passed This Day of NXXXX/XX ___ ________ 20XX Established Neighbourhood Precinct Overlay Zone Attachment #1 to Report #PLN 01-22 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 Report #PLN 01-22 A 12/21 – Infill Dwelling Height Summary of Comments and Staff Responses Related to the December 6, 2021, Statutory Public Meeting December 14, 2021 Page 1 of 11 Item Number Comments/Concerns Staff Response 1.Resident – phone call Commented that they are not opposed to the proposed amendment. Also, suggested that: •there should be additional restrictions to house size such as reducing maximum square footage of new dwellings; •the number of permitted garages be restricted to two; •restrict the amount of paved area in the front yard to allow for trees and landscaping; •limit the width of driveways; and •restrict the size of the house in proportion to the lot. Staff explained the purpose and results of the Infill and Replacement Housing in Established Neighbourhood Study and Planning Act applications (OPA 20-006/P and A 11/20). Comments noted. 2.Resident Commented in support of the proposed amendment. Comment noted. 3.Resident Commented in support of the proposed amendment. Comment noted. 4.Resident Commented that the height should be limited to 8.0 metres which would be in keeping with the existing community structures. The maximum height of 9.0 metres in the Established Neighbourhood Precinct Overlay Zone is based on the results and recommendations of the Council endorsed Infill and Replacement Housing in Established Neighbourhood Study. 5.Resident – phone call Commented that they would like to see more bungalows built, more houses with no stairs. Commented that the City should do something about all the buildings being built with too many stairs. Comments noted. The City’s Housing Strategy Study, which is in its final phase, is considering recommendations regarding the inclusion of accessible and universal design, as part of a residential development application. A 12/21 – Infill Dwelling Height December 14, 2021 Summary of Comments and Staff Responses Related to the December 6, 2021, Statutory Public Meeting Page 2 of 11 Item Number Comments/Concerns Staff Response 6. Resident – phone call Commented in support of the 9.0 metres height limit. Comment noted. 7. Resident Commented in support of the 9.0 metres height limit. Commented that it is a very important measure to ensure that new house construction is compatible with existing homes. A lower height limit will help preserve the “charm” that is, at present, attracting new buyers to this area of Pickering. Comment noted. 8. Resident Commented in support of the 9.0 metres height limit. Commented that “monster houses” rising in many Pickering neighborhoods, especially near the lake and on Glendale Boulevard, change the feeling of the neighbourhoods and don't fit in with existing housing. Commented that they also overshadow neighbouring houses, robbing them of natural light and views. Commented that the shadows cast by these houses might even cause mold and mildew to grow on neighboring houses because the sun can no longer touch the sides of the houses. Requested that the City does whatever it can to reduce the size and height of new houses being built on existing lots in Pickering. Comments noted. 9. Resident Commented in support of the 9.0 metres height limit. Commented that the question of height was previously discussed and approved by Council [through the public process for By-law 7610/18 Comments noted. A 12/21 – Infill Dwelling Height December 14, 2021 Summary of Comments and Staff Responses Related to the December 6, 2021, Statutory Public Meeting Page 3 of 11 Item Number Comments/Concerns Staff Response (Height By-law)] and that since that time, an extensive consultation took place in which PWSCA [Pickering West Shore Community Association] was involved. An independent consultant concluded that, based on sound and reasonable Planning principles, the 9.0 metre height restriction is reasonable and should apply to established neighbourhoods. 10. Resident – phone call and email submission Commented that the height restriction: • should not create a discrepancy in house value between infill and replacement dwellings built in the last ten years and those to be built in the future; • should enable future new build/infill/replacement; and • dwelling to have 10 foot ceilings on both the main and second floors, along with a 9 foot basement height, and a gable roof. Commented that the City: • may want to restrict the number of stories for residential areas to prevent misuse of the height limit; and • should consider placing a height limit on some older properties, with very long and narrow dimensions with regard to any new builds/infills/replacement dwellings to prevent construction of odd-looking buildings, which can affect other property values in the area. Comments noted. A correlation cannot be conclusively made between the height of a dwelling and housing price. Other influences, such as market forces, interest rates, other government policies (federal and provincial), etc., may be contributing factors. Research previously undertaken by staff, and reported in Report PLN 06-18 in support of By-law 7610/18 (Height By-law), indicated that a height of 9.0 metres is sufficient to accommodate the development of a 2 storey home. Staff can confirm that a 2 storey home with a 10 foot high main floor ceiling and a 10 foot high second storey ceiling, with a gable roof, can be accommodated within a Dwelling Height limit of 9.0 metres. The height of the basement ceiling will also be dependent upon such matters as the height of the water table. Through the Infill and Replacement Housing in Established Neighbouthood Study, limiting the number of storeys was considered, and it was recommended by SGL Planning & Design Inc. (SGL), and endorsed A 12/21 – Infill Dwelling Height December 14, 2021 Summary of Comments and Staff Responses Related to the December 6, 2021, Statutory Public Meeting Page 4 of 11 Item Number Comments/Concerns Staff Response by Council, that height be determined based on the measurement of height and not the number of storeys. 11. Resident Commented in support of the 9.0 metres height limit. Commented that the question of height was previously discussed and approved by Council [through the public process for By-law 7610/18 (Height By-law)] and that since that time, an extensive consultation took place in which PWSCA [Pickering West Shore Community Association] was involved. An independent consultant concluded that, based on sound and reasonable Planning principles, the 9.0 metre height restriction is reasonable and should apply to established neighbourhoods. Comments noted. December 6, 2021 Delegations 12. Resident – delegation and email submission Commented in support of the proposed 9.0 metres height limit. Commented on the need for compatibility of new homes within established neighbourhoods and the adverse impact to privacy and sunlight of established neighbourhoods from larger homes. Commented on the average ceiling height in homes and noted that 9.0 metres would provide for those heights sufficiently. Comments noted. A 12/21 – Infill Dwelling Height December 14, 2021 Summary of Comments and Staff Responses Related to the December 6, 2021, Statutory Public Meeting Page 5 of 11 Item Number Comments/Concerns Staff Response 13. Resident – delegation and email submission Commented in support of the proposed 9.0 metres height limit. Raised concerns regarding the Council resolution to amend the height from the recommended 9.0 metre height by SGL Planning & Design Inc. Commented on the engagement process [of the Infill Study and the Official Plan and Zoning By-law Amendment processes] and that the resident input was valued and appropriately considered. Comments noted. 14. Resident – President, Fairport Beach Neighbourhood Association Commented in support of the proposed 9.0 metres height limit. Comment noted. 15. Resident Commented in opposition to the proposed height reduction from 10.0 to 9.0 metres. Commented that the proposal to decrease the height limit from 10.0 to 9.0 metres would be considered down zoning and would unnecessarily restrict development where reasonable design would require minor variances. Commented that the 10.0 metre height should remain as to not waste City resources through minor variance applications. Comments noted. The proposed reduction of height from 10.0 to 9.0 metres does not remove the right to build an infill or replacement dwelling on a property, but, rather, it introduces a provision that would result in new construction that is more in keeping with the scale and character of the surrounding area. 16. Resident – delegation and email submission Commented in opposition to the proposed height reduction from 10.0 to 9.0 metres. Commented that it should be noted that there was no single family home Maximum Dwelling Height for Comments noted. Clarification: By-law 7610/18 established a 9.0 metre height limit in areas of Zoning By-law 2511 (and not A 12/21 – Infill Dwelling Height December 14, 2021 Summary of Comments and Staff Responses Related to the December 6, 2021, Statutory Public Meeting Page 6 of 11 Item Number Comments/Concerns Staff Response the City of Pickering until 2018 when a By-law amendment was introduced. By-law 7610/18 established a 9.0 metre Maximum Dwelling Height in the R3 and R4 zoning categories in By-laws 2511 and 2520. Questioned how the numeric value stipulated in the 2018 By-law should be 9.0 metres. Commented that research indicates that many other GTA Municipal By-laws contain a 10.0 metre or greater maximum height. For example Ajax, Oshawa, Toronto, Scarborough and Vaughan, to name a few. Commented that there are areas of the City with higher [than 9.0 metres] Maximum Dwelling Heights and that the evolution of single family home designs has created a demand for larger homes with greater ceiling heights. Commented that the bungalows referred to during this process are not a relevant point of comparison. They exist on lots that can support larger two storey homes and that many mature trees in the Established Neighbourhood Precincts cast bigger shadows that a 10.0 metre house. Commented that the increase in the Maximum Dwelling Height from 9.0 metres to 10.0 metres will satisfy current housing designs and will reduce the number of variance applications and site specific zoning amendment applications with respect to Maximum Dwelling Height. Council would make a forward thinking move by implementing the suggestion of Councillor Ashe to amend the Zoning Zoning By-law 2520) in the “R3” and “R4” zoning categories where there was no previously established height limit. By-law 7610/18 applies to lands not already subject to a site specific amendment regulating building height. Information Report 17-21 should only have referred to Zoning By-law 2511 with regards to this matter (see page 2, paragraph 5, of Information Report 17-21). Zoning By-law 2520 was not affected by Amendment A 9/17. In considering the appropriate height limit for By-law 7610/18, staff reviewed: site specific amendments for maximum building height in the “R3” and “R4” Zones of Zoning By-law 2511 that were passed since the year 2000 (which found that many were for 9.0 metres or less); the ability to build a two storey home within the 9.0 metre limit; the ability to provide an appropriate transition in height to adjacent existing homes that were predominantly built prior to the year 2000; and all of the comments expressed through the Open House, Public Meeting and written submissions, as well as comments received from the agency circulation. The purpose of The Infill and Replacement in Established Neighbourhoods Study (the Infill Study) was to develop options and make recommendations for an appropriate policy framework, regulations and/or tools that could be implemented so that the City has a sensitive way to manage new construction in established residential neighbourhoods. In particular, the Phase 1 report of the Infill Study categorized the various key elements of neighbourhood character that can have an impact on compatibility of new development. The Phase 1 report also contained a A 12/21 – Infill Dwelling Height December 14, 2021 Summary of Comments and Staff Responses Related to the December 6, 2021, Statutory Public Meeting Page 7 of 11 Item Number Comments/Concerns Staff Response By-laws for all areas of Pickering to 10.0 metres for Maximum Dwelling Height. review of best practices from other Ontario municipalities that have experienced an increase in infill and replacement housing in established neighbourhoods. The Infill Study clearly established that not all neighbourhoods are equal and, as such, in order to appropriately manage new development, careful consideration must be given to the specific character of the neighbourhoods. The established neighbourhood precincts resulting from the Infill Study considered, not only the original, remaining dwellings and their mass and size, but also the new dwellings and their associated mass and size. Further, through the OPA and ZBA processes (OPA 20-006/P and A 11/20), consideration was given to recent Committee of Adjustment decisions made within the past five years, and the overwhelming majority of Minor Variance applications that were reviewed within the Established Neighbourhood Precincts, dealt with matters other than height. Staff undertook a scan of other municipal zoning by-law provisions related to maximum permitted height for single detached and semi-detached dwellings and found that the maximum permitted height generally ranged from 8.0 to 11.0 metres. It is important to remember that for any zoning by-law provision, including height, no “one-size-fits-all” approach should be taken, and that the unique nature of the specific area must be considered. In some cases it may be common to have similarities between municipalities when it comes to zoning by-law provisions. The Infill Study was an in-depth, neighbourhood-specific examination of the physical elements within the A 12/21 – Infill Dwelling Height December 14, 2021 Summary of Comments and Staff Responses Related to the December 6, 2021, Statutory Public Meeting Page 8 of 11 Item Number Comments/Concerns Staff Response established neighbourhoods of Pickering. The recommendations of the Infill Study are an appropriate reflection of the Pickering established neighbourhoods and their associated identified precincts. The proposed amendment does not remove a person’s right to appeal a decision of the Committee of Adjustment. The Planning Act establishes the legal mechanism for minor variance applications to the Committee of Adjustment. The various policies and provisions recommended through the Infill and Replacement Housing in Established Neighbourhoods Study and endorsed by Council, then subsequently, approved by Council through OPA 20-006/P and A 11/20, intend to provide stronger direction and standards to both builders and members of the Committee of Adjustment for new construction of infill and replacement housing. Similarly, the proposed maximum permitted height of 9.0 metres in Established Neighbourhood Precincts, the subject of Amendment Application A 12/21, also serves to manage compatibility of new construction with existing dwellings in these Established Neighbourhood Precincts areas. 17. Resident – Fairport Beach Neighbourhood Association member Commented in support of the proposed 9.0 metres height limit. Comment noted. 18. Resident Commented in opposition to the proposed height reduction from 10.0 to 9.0 metres. Comments noted. A 12/21 – Infill Dwelling Height December 14, 2021 Summary of Comments and Staff Responses Related to the December 6, 2021, Statutory Public Meeting Page 9 of 11 Item Number Comments/Concerns Staff Response Resident raised three questions to the Committee pertaining to the process undertaken to reconsider the Council decision of the 10.0 metre height, the rationale for a standard height, and how dwelling height could be determined when passing by homes. See staff response in Item 16 above. The City is composed of multiple neighourhoods that vary in terms of land use patterns, history, layout and character. A zoning by-law is a planning tool that can be used to set development parameters unique to a neighbourhood, or group of neighbourhoods. The city structure, and the character of the neighbourhoods and land uses within it, is multi-faceted and dynamic, making a “one size fits all” maximum height by-law inappropriate for all areas within the city. 19. Resident – delegation and email submission Commented in opposition to the proposed height reduction from 10.0 to 9.0 metres. Commented that in looking at other municipalities height restrictions, these are some city comparisons that I’ve found: • Markham height is set at – 9.8 metres according to Infill By-law 99-90, Section 1.2 (i); • Ajax height – 11.0 metres as per By-law No. 95-2003; • Toronto – 10.0 metres, including the neighbouring Scarborough area as per By-law 569-2013 as amended Zoning By-law for the City of Toronto; • Oshawa – 10.5 metres to 11.5 metres – as per Zoning By-law 60-94 subsection 6.3; and • Vaughan – 13 metres as per Zoning By-law No. 1-88 of the City of Vaughan. Commented that the average ceiling height of homes built in the last 10 years are 9 feet ceilings. Comments noted. See information in Item 16 above regarding municipal comparisons. A 12/21 – Infill Dwelling Height December 14, 2021 Summary of Comments and Staff Responses Related to the December 6, 2021, Statutory Public Meeting Page 10 of 11 Item Number Comments/Concerns Staff Response Commented that using the terminology of monster homes is insulting to newcomers to the city and the homeowners of these homes. Commented that setting the bar at 9.0 metres and encouraging people to go to the committee of adjustments is wasting resources. Commented that they would like to see a 10.0 metre height not just to the neighborhood precincts within the current by-law, but extended to all of Pickering. 20. Resident Commented in opposition to the proposed height reduction from 10.0 to 9.0 metres. Commented on the need for large multi-generational homes due to the increase in housing prices and different maximum heights creating unequitable neighbourhoods. Commented that large homes would lead to a bigger tax base which would then increase municipal funding, and that adopting the reduction in dwelling height would be counter intuitive. Comments noted. The Infill Study clearly established that not all neighbourhoods are equal and, as such, in order to appropriately manage new development, careful consideration must be given to the specific character of the neighbourhood. A neighbourhood may vary from another neighbourhood, or vary within itself in terms of its housing composition, context and character. Applying the same zoning standards throughout the City, or even throughout an individual neighbourhood, may fail to recognize the unique context and character of an area or precinct. Site Specific Requests 21. 1279 and 1281 Commerce Avenue Martindale Planning Services submitted a letter on behalf of Hyland Homes objecting to the proposed height restriction of 9.0 metres, and requesting that the proposed by-law provide an exemption for the Hyland Homes project at 1279 and 1281 Commerce Avenue by allowing a 10.0 metre height limit (Letter The properties located at 1279 and 1281 Commerce Ave. were included in the Established Neighbourhood Precinct Overlay Zone because they meet the criteria of the Infill Study. The subject application (Zoning By-law Amendment Application A 01/21) is currently A 12/21 – Infill Dwelling Height December 14, 2021 Summary of Comments and Staff Responses Related to the December 6, 2021, Statutory Public Meeting Page 11 of 11 Item Number Comments/Concerns Staff Response from Martindale Planning Services dated December 7, 2021) being processed by City staff and has not yet been considered by Council. 22. 1822 Fairport Road Grant Morris Associates Ltd. submitted a letter on behalf of the owner of the property located at 1822 Fairport Road, requesting that the maximum permitted height for the property be established at 12 metres (Letter from Grant Morris Associates Ltd. dated December 6, 2021). The property located at 1822 Fairport Road was included in the Established Neighbourhood Precinct Overlay Zone because it meets the criteria of the Infill Study. It appears from the letter that the owner wishes to subdivide this property, and other adjacent properties in their ownership that front onto Shade Master Drive, at some future, unknown time. The properties that front onto Shade Master Drive are not within the Established Neighbourhood Precinct Overlay Zone, and are not subject to the proposed amendment. A proposal to subdivide the subject property, and any associated site specific provisions, including height, will be reviewed and considered subject to the submission of a future development application. Attachment #3 to Report #PLN 01-22 No t i o n R o a d Glena n naRoad S tr o u d s Lane Bayly Street Pic k eringParkway V a lley F ar m Road Dixie Road Sq u i r e s B e a c h R o a d Al t 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 K in g s t o n R o a d R osebank Road Gra n i t e Court Third Conc es s ion Road Broc k 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 W hites Road Si d 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