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HomeMy WebLinkAboutPLN 16-22Report to Planning & Development Committee Report Number: PLN 16-22 Date: March 7, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 04/19 R. Taghipour 1964 Royal Road Recommendation: 1.That Zoning By-law Amendment Application A 04/19, submitted by R. Taghipour, to facilitate two semi-detached dwellings, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 16-22 be finalized and forwarded to Council. Executive Summary: The subject lands are located on the west side of Royal Road, north of Kingston Road, within the Village East Neighbourhood (see Location Map, Attachment #1). The applicant originally proposed to rezone the subject property to permit the construction of a mixed-use building, with commercial uses on the ground floor, and two residential rental dwelling units on the upper two floors (see Original Conceptual Site Plan, Attachment #3). Following the Statutory Public Meeting on June 15, 2020, the applicant revised their proposal to address concerns raised by the City and the area residents. The applicant is now proposing to rezone the property to add a new residential zone category, to the existing “R3” – Detached Dwelling – Third Density Residential Zone, to permit a semi-detached dwelling use, fronting onto Royal Road (see Revised Conceptual Site Plan, Attachment #4, and Conceptual Building Elevations, Attachments #5 and #6). Staff support the proposed rezoning application as it creates an opportunity for an additional housing form in the area that will be compatible with abutting development. Accordingly, staff recommends that Zoning By-law Amendment A 04/19 be approved, and the draft zoning by-law amendment as set out in Appendix I be finalized and forwarded to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1.Background 1.1 Property Description The subject property is located on the west side of Royal Road, north of Kingston Road, within the Village East Neighbourhood. The property has an area of approximately 710 square metres, with approximately 15.5 metres of frontage along Royal Road March 7, 2022 Report PLN 16-22 Subject: Zoning By-law Amendment Application R. Taghipour (A 04/19) Page 2 (see Location Map, Attachment #1). The site is currently occupied by a bungalow and an accessory detached garage located in the rear yard. The existing driveway is a shared driveway with the abutting property to the north (1966 Royal Road). The existing buildings are proposed to be demolished. Surrounding land uses include (see Air Photo Map, Attachment #2): North: Immediately to the north on the west side of Royal Road is an established low-density residential neighbourhood consisting of a mix of bungalows and newly constructed 2-storey detached dwellings. East: Immediately to the east are multi-tenant commercial buildings with various uses, including but not limited to restaurants, retail, professional offices and personal service use. Further north on the east side of Royal Road is a residential condominium development consisting of 67 townhouse units accessed through an internal private road from Royal Road. South: Abutting the subject property to the south is a vehicle repair and maintenance shop (Midas Auto Repair Shop) fronting onto Kingston Road. West: To the west is an established residential neighbourhood consisting of a mix of bungalows and newly constructed 2-storey detached dwellings fronting onto Guild Road. At the northwest corner of Guild Road and Kingston Road, Council approved applications in 2021 for Official Plan Amendment and Zoning By-law Amendment to facilitate 2 apartment buildings having heights of 12 and 16-storeys, connected by a 5-storey podium, containing a total of 346 units. 1.2 Applicant’s Original Proposal R. Taghipour applied for a Zoning By-law Amendment to facilitate the construction of a 3-storey mixed-use building fronting onto Royal Road (see Original Conceptual Site Plan, Attachment #3). The applicant originally proposed a building with an overall height of approximately 14.8 metres from established grade to the top of the rooftop stair enclosure. The basement level was proposed to include the mechanical room, lockers and storage space. The ground floor was proposed to have a total leasable floor area of approximately 100 square metres to be used for commercial uses, including business or professional office, and retail convenience store. The second and third floors contained two rental dwelling units each approximately 318 square metres. Also proposed was a 54 square metre outdoor rooftop amenity area. A total of 7 parking spaces were proposed at the rear of the building, with a one-way vehicular access from Royal Road. 1.3 Applicant’s Revised Proposal Based on comments and concerns expressed by area residents at the Statutory Public Meeting, the applicant has amended their proposal to permit the construction of two semi-detached dwelling units fronting onto Royal Road (see Revised Conceptual Site Plan, Attachment #4). All commercial uses have been eliminated from the proposal. March 7, 2022 Report PLN 16-22 Subject: Zoning By-law Amendment Application R. Taghipour (A 04/19) Page 3 The proposed semi-detached dwellings will be 2 storeys with an above-grade basement. The dwellings are proposed to have an overall building height of approximately 11 metres from established grade to the peak of the roof, and each dwelling will be approximately 244 square metres in size. A shared driveway is proposed to minimize the number of driveway entrances from Royal Road. Each dwelling will have two parking spaces, one within a private garage and a second space on the driveway. The proposed development standards are set out within the Recommended Draft Zoning By-law attached as Appendix I to this report. The applicant has also revised the conceptual building elevation to ensure that the design of the dwelling units is consistent with the established streetscape along Royal Road. Key changes to the building elevations include a mansard roof, a front entrance with a porch, and the exterior will be cladded with stone and brick (see Conceptual Building Elevations, Attachments #5 and #6). 2.Comments Received 2.1 Statutory Public Meeting and Written Comments The Electronic Statutory Public Meeting was held on June 15, 2020, where 5 people attended the Public Meeting to express their concerns with the proposed mixed-use development. In addition, the City received 7 written comments. The following is a list of key comments and concerns expressed by the area residents regarding the original proposal: •commented that Pickering’s Official Plan requires that development reinforces and enhances the specific character of the existing neighbourhood and that the size of the building will negatively impact the neighbouring property; •concerned that the proposed mixed-use building will negatively impact the value of their homes; •commented that there are no existing commercial uses along Royal Road; permitting a commercial use will set an undesirable precedent and that commercial uses should be located outside of residential areas; •commented that having commercial signage on a residential street will impact the existing streetscape; •commented that permitting a commercial use will increase illicit activity that currently occurs at the commercial plaza at the northeast corner of Kingston Road and Royal Road; •concerned that the proposed laneway is too narrow, one-way vehicle movement is dangerous even with a convex mirror, and that there is an insufficient number of on-site vehicle parking causing spillover of customers parking on Royal Road; •commented that encouraging on-street parking to support the proposed commercial will cause increased traffic, visibility issues and safety concerns; and •concerned that after using on-street parking, customers to the commercial use will use private driveways to turn around and exit onto Kingston Road. As of writing this report, no comments were received by area residents with regards to the revised proposal. March 7, 2022 Report PLN 16-22 Subject: Zoning By-law Amendment Application R. Taghipour (A 04/19) Page 4 2.2 City Departments & Agency Comments 2.2.1 Region of Durham •no objection to the proposed development as it is consistent with the Provincial Policy Statement, and conforms with the Growth Plan and the Regional Official Plan; and •a consent application is required to be submitted to the Region of Durham Land Division Committee to create the semi-detached lots, further detailed review will be conducted through this application process. 2.2.2 Engineering Services Department •no objections to the submitted rezoning application; and •Engineering Services Department has requested revisions to some technical plans, including the lot grading plan, the functional servicing report and the arborist report which can be reviewed through the land division process. 2.2.3 Durham District School Board •no objections to the proposal; and •students generated from this development will attend existing neighbourhood schools. 2.2.4 Durham Catholic District School Board •no objections to the proposal; and •students generated from this development will attend St. Wilfrid Catholic Elementary School and St. Mary Catholic Secondary School. 3.Planning Analysis 3.1 The proposal conforms to the policies and provisions of the City’s Official Plan The subject lands are located within the Village East Neighbourhood and are designated “Urban Residential Areas – Medium Density Area” by the Pickering Official Plan. This designation provides for housing and related uses with a net residential density of over 30 and up to and including 80 units per net hectare. There are no specific development guidelines for the Royal Road area of the Village East Neighbourhood. Furthermore, the subject lands are not within an Established Neighbourhood Precinct identified by the Infill and Replacement Housing zoning by-laws. The proposed semi-detached development has a density of approximately 35 units per net hectare, which is within the density range for the lands designated Medium Density in the City’s Official Plan. 3.2 The proposed residential dwelling is appropriate for an established residential street The City's Official Plan states that in establishing performance standards, regard shall be had to protect and enhance the character of established neighbourhoods by considering matters such as building height, yard setbacks, lot coverage, access to sunlight, parking provisions, and traffic implications. The Official Plan also states that where new development is proposed within an existing neighbourhood or established area, City Council shall encourage building design that reinforces and complements existing built patterns, such as form, massing, height proportion, position relative to the street, and building area to site ratio. March 7, 2022 Report PLN 16-22 Subject: Zoning By-law Amendment Application R. Taghipour (A 04/19) Page 5 Royal Road is a residential street with a mix of bungalows, newly constructed 2-storey detached dwellings, and 3-storey townhouses forming part of a common element condominium development. Staff have observed that Royal Road is an area under transition, whereby several existing dwellings have been demolished for newer dwellings and the introduction of townhouse dwellings. The proposed building setbacks (front, rear and side yards) are in keeping with the existing R3 zoning provisions. The proposed lot coverage of 36 percent is slightly larger than the required R3 zone lot coverage of 33 percent, which is a result of the existing lot having a shallower lot depth than the existing lots to the north. The applicant is proposing a maximum building height of 11.2 metres from the established grade to the peak of the mansard roof. Staff have reviewed the building heights of recently constructed detached dwellings along the west side of Royal Road, which have heights ranging between 8.5 metres and 10.5 metres. The existing R3 zone currently has a maximum height requirement of 18.0 metres. To ensure the overall massing and height of the proposed semi-detached dwellings are compatible with the newly constructed dwellings, staff are recommending a maximum height of 10.0 metres for the semi-detached dwellings. Staff are supportive of the two semi-detached residential dwellings. The recommended zoning performance standards with respect to building setbacks, building height and lot coverage will ensure that the overall scale and massing of the semi-detached dwellings will be compatible with the newly constructed single-detached dwellings along Royal Road (see Recommended Draft Zoning By-law, Appendix I). Staff are also recommending that the property be dual zoned to allow the applicant the flexibility to maintain the existing detached dwelling or construct a new detached dwelling in keeping with the existing R3 zoning provisions. 3.3 Public concerns have been addressed through the resubmission Comments received before and at the June 15, 2020, Statutory Public Meeting predominantly applied to the original mixed-use development. The primary concerns were related to the potential adverse impacts from commercial activity proposed along a residential street. These impacts include increased traffic congestion and on-street parking, privacy and safety concerns for the existing residents, and functional concerns of commercial use such as bright signage and garbage storage. As noted, the applicant has eliminated all commercial uses on the site and is only proposing a residential development. 3.4 Grading and drainage matters will be further addressed as conditions of Land Division The applicant has submitted a Functional Servicing Report, prepared by Geomaple Canada Inc. The proposed site grading and drainage have been designed to maintain existing drainage patterns. Engineering Services have reviewed the submitted Functional Servicing Report, and the grading and drainage plans, and are generally satisfied with the submitted information. However, the plans will require technical revisions to implement low-impact development (LID) measures to ensure that additional drainage resulting from this development will be maintained on-site. These matters will continue to be reviewed and can be addressed as a condition of Land Division. March 7, 2022 Report PLN 16-22 Subject: Zoning By-law Amendment Application R. Taghipour (A 04/19) Page 6 3.5 Other Technical matters related to the City will be addressed as conditions of Land Division If Council approves this rezoning application, the applicant will be required to submit a Land Division application to create the lots for the semi-detached dwellings. The City will have the opportunity to provide comments, and recommend conditions of approval to the Region of Durham Land Division Committee to address development/technical matters such as, but not limited to: •on-site grading and drainage; •stormwater management; •street tree planting and tree compensation; •construction management/erosion and sediment control; and •payment of cash-in-lieu of parkland dedication. 3.6 Zoning by-law be finalized and forwarded to Council for enactment The applicant is requesting to rezone the subject lands from an "R3” - Detached Dwelling - Third Density Residential Zone to an appropriate dual residential zone category to facilitate the proposal. Staff supports the rezoning application and recommends that a site-specific implementing by-law, attached as Appendix I to this Report, be finalized and brought before Council for enactment. 3.7 Applicant’s Comments The applicant has been advised of and concurs with the recommendations of this report. Appendix: Appendix I Recommended Draft Zoning By-law Attachments: 1.Location Map 2.Air Photo Map 3.Original Conceptual Site Plan 4.Revised Conceptual Site Plan 5. Conceptual Building Elevations (East/West) 6. Conceptual Building Elevations (South/North) Report PLN 16-22 March 7, 2022 Subject: Zoning By-law Amendment Application R. Taghipour (A 04/19) Page 7 Prepared By: Original Signed By Felix Chau Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO FC: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 16-22 Recommended Draft Zoning By-law Amendment A 04/19 The Corporation of the City of Pickering Draft By-law No. XXXX/22 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, in Lot 5, Plan 316, in the City of Pickering. (A 04/19) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Lot 5, Plan 316 in the City of Pickering to permit two semi- detached dwellings; And whereas an amendment to By-law 3036, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules I and II Schedules I and II attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands in Lot 5, Plan 316, in the City of Pickering, designated “R3/SD” on Schedule I 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. Definitions In this By-law, (1) “Bay, Bow, Box Window” shall mean a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which may or may not include a foundation; may or may not include a window seat; and may include a door. (2) “Dwelling, Semi Detached or Semi-Detached Dwelling” shall mean one of a pair of single dwellings, such as dwellings being attached together horizontally in whole or in part above grade, below grade, or both above and below grade. (3) “Height, Building” shall mean the vertical distance between the established grade, at the front of the house, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height between eaves and ridge. By-law No. XXXX/22 Page 2 Draft (4) (a) “Lot” shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision. (b) “Lot Frontage” shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line. (5) “Private Garage” shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise. (6) (a) “Yard” shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon. (b) “Front Yard” shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot. (c) “Front Yard Depth” shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot. (d) “Rear Yard” shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. (e) “Rear Yard Depth” shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot. (f) “Side Yard” shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot. (g) “Side Yard Width” shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot. By-law No. XXXX/22 Page 3 Draft 5. Provisions (a) Uses Permitted (“R3/SD” Zone) No person shall within the lands designated “R3/SD” on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwellings subject to the provisions of By-law 3036, as amended, except that the Maximum Building Height shall be 10.0 metres; (ii) semi-detached dwellings (b) Zone Requirements for semi-detached dwellings: (i) Lot Area (minimum) 350 square metres (ii) Lot Frontage (minimum) 7.5 metres (iii) Front Yard Depth (minimum) 7.5 metres (iv) Side Yard Depth (minimum) (i) 1.2 metres except where dwellings on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot (ii) 1.8 metres to the north lot line for a lot in the diagonally hatched area as shown on Schedule II (v) Rear Yard Depth (minimum) 7.5 metres (vi) Lot Coverage (maximum) 36 percent (vii) Building Height (maximum) 10 metres (viii) Parking Requirements (minimum) 2 parking spaces per dwelling unit (ix) Garage Requirements Minimum one private garage per lot attached to the main building, the vehicular entrance of which shall be located not less than 6.0 metres from the front lot line. By-law No. XXXX/22 Page 4 Draft (x) Interior Garage Size (minimum) A private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres provided, however, the width may include one interior step and the depth may include two interior steps 6. Special Regulations The following special provisions shall apply to lands zoned “R3/SD” on Schedule I: (a) Obstruction of Yards (maximum): (i) uncovered and covered unenclosed porches and associated stairs not exceeding 1.5 metres in height above established grade may encroach a maximum of 2.0 metres into the minimum required front or flankage yard; (ii) uncovered balconies, decks and associated stairs, not exceeding 1.5 metres in height above grade may encroach a maximum of 3.0 metres into the required rear yard, provided they are setback 0.6 metres from a side lot line; (iii) balconies located above the first floor projecting or inset in the rear are prohibited; (iv) bay, box or bow window, with or without foundation, having a width of up to 4.0 metres may encroach a maximum of 0.6 metres into any required yard or half the required side yard, whichever is less; and (v) window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eaves troughs, and other similar architectural features are permitted to project a maximum of 0.6 metres into any required yard and are required to be setback 0.6 metres from a side lot line. 7. By-law 3036 By-law 3036, as amended, 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 II attached hereto. 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-law No. XXXX/22 Page 5 Draft 8. 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, 2022. ___________________________________ Draft David Ryan, Mayor ___________________________________ Draft Susan Cassel, City Clerk Kingston R o a d G u i l d R o a d Ro y a l R o a d D e n m a r R o a d Clerk Mayor Schedule I to By-LawPassed ThisDay of N XXXX/22XXrd XXXX 2022 R3/SD 45.7m 45.7m 15 . 5 m 15 . 5 m Ro y a l R o a d G u i l d R o a d Kingston R o a d Clerk Mayor N XXrd XXXX 2022 45.7m 45.7m 7. 7 5 m 7. 7 5 m Schedule II to By-LawPassed ThisDay of XXXX/22 Attachment #1 to Report #PLN 16-22 D e n m a r Road Kingston R o a d Finch Avenue Br o c k R o a d Ro y a l R o a d Gu i l d R o a d Jay wi n Circ l e Alwin Circ l e Diana PrincessOf Wales Park Denmar Park BrockridgeCommunityPark 1:4,000 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 File:Applicant:Property Description: THIS IS NOT A PLAN OF SURVEY. Date: Mar. 09, 2020 ¯ E SubjectProperty HydroCorridor L:\PLANNING\01-MapFiles\A\2019\A 04-19 - R. Taghipour\A04-19_LocationMap.mxd Location MapA 04/19R. TaghipourLot 5, Plan 316(1964 Royal Road) HydroCorridor Attachment #2 to Report #PLN 16-22 Kingston R o a d Jaywin C i r c l e Finch Avenue D e n m a r R o a d B r o c k Road Ro y a l R o a d Gu i l d R o a d 1:2,500 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: Mar. 09, 2020 SubjectProperty E ¯ L:\PLANNING\01-MapFiles\A\2019\A 04-19 - R. Taghipour\A04-19_AirPhoto.mxd A 04/19R. TaghipourLot 5, Plan 316(1964 Royal Road) Attachment #3 to Report #PLN 16-22 Submitted Conceptual Site Plan City Development Department Feb 26, 2020FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Applicant: Property Description: DATE: File No: L:\Planning\01-MapFiles\A\2019 A 04/19 R. Taghipour Lot 5, Plan 316 (1964 Royal Road) N Attachment #4 to Report #PLN 16-22 Revised Conceptual Site Plan City Development Department Feb 02, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Applicant: Municipal Address: DATE: File No: L:\Planning\01-MapFiles\A\2019 A 04/19 R. Taghipour 1964 Royal Road N Attachment #5 to Report #PLN 16-22 L:\Planning\01-MapFiles\A\2019 Feb 02, 2022DATE: Applicant: Municipal Address: File No: Conceptual Building Elevations (East/West) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 04/19 R. Taghipour 1964 Royal Road Attachment #6 to Report #PLN 16-22 L:\Planning\01-MapFiles\A\2019 Feb 02, 2022DATE: Applicant: Municipal Address: File No: Conceptual Building Elevations (South/North) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department A 04/19 R. Taghipour 1964 Royal Road