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HomeMy WebLinkAboutMay 8, 2024 Committee of Adjustment Agenda Hearing Number: 5 Date: Wednesday, May 8, 2024 pickering.ca Agenda Committee of Adjustment Wednesday, May 8, 2024 7:00 pm Electronic Hearing Page Number For information related to accessibility requirements please contact: Secretary-Treasurer or Assistant Secretary-Treasurer Telephone: 905.420.4617 Email: citydev@pickering.ca 1. Disclosure of Interest 2. Adoption of Agenda 3. Adoption of Minutes from April 10, 2024 hearing 1-10 4. Minor Variance Reports 4.1 MV 20/24 – 679 Front Road 11-32 4.2 MV 22/24– 975 Dillingham Road 33-36 4.3 MV 23/24 – 1990 Guild Road 37-45 4.4 MV 24/24 – 1355 Kingston Road 46-54 5. Consent Reports 5.1 (Tabled at the May 9, 2022 Region of Durham Land Division Committee) 55-59 LD 047/2022 – 681 Pleasant Street 5.2 (Deferred at the April 10, 2024 Committee of Adjustment Hearing) 60-78 LD 01/24, MV 19/24 & MV 25/24 – 851 Oklahoma Drive 5.3 LD 05/24 – 518 Rosebank Road 79-86 5.4 LD 06/24 – 523 Oakwood Drive 87-94 6. Adjournment Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing Page 1 of 10 Pending Adoption Present Omar Ha-Redeye Denise Rundle – Vice-Chair Sakshi Sood Joshi Rick Van Andel Sean Wiley – Chair Also Present Deborah Wylie, Secretary-Treasurer Cody Morrison, Secretary-Treasurer – Host Jasmine Correia, Assistant Secretary-Treasurer Liam Crawford, Planner II Kerry Yelk, Planner I Ziya Cao, Planner I Absent Not applicable. 1.Disclosure of Interest No disclosures of interest were noted. 2.Adoption of Agenda Moved by Rick Van AndelSeconded by Omar Ha-Redeye That the agenda for the Wednesday, April 10, 2024 hearing be adopted. Carried Unanimously 3.Adoption of Minutes Moved by Sakshi Sood JoshiSeconded by Rick Van Andel That the minutes of the 3rd hearing of the Committee of Adjustment held Wednesday,March 13, 2024 be adopted. Carried Unanimously -1- Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing Page 2 of 10 4. Minor Variance Reports 4.1 MV 02/24 J. Gunaratnam 1907 Glengrove Road The applicant requests relief from Zoning By-law 3036, as amended by By-laws 7874/21 and 7902/22 to permit: • a maximum dwelling depth of 24.5 metres, whereas the By-law permits a maximum dwelling depth of 20.0 metres for a lot with a lot depth greater than 40.0 metres; • a maximum lot coverage of 31.5 percent, whereas the By-law permits a maximum lot coverage of 25 percent; and • a maximum dwelling height of 9.2 metres, whereas the By-law permits a maximum dwelling height of 9.0 metres (withdrawn by the applicant at the hearing) The applicant requests approval of this minor variance application to facilitate the construction of a two-storey detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section and five area residents. In support of the application, the applicant identified that the proposed dwelling is suitable for the size of the lot. Nadeem Irfan, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent made a brief presentation in support of the application. The agent responded to questions from Committee members regarding the character of the neighbourhood, scale and massing of the proposal and reasons as to why the proposal requires deviation from the Zoning By-law. Moved by Rick Van Andel That variances to the maximum dwelling height and maximum lot coverage from application MV 02/24 by J. Gunaratnam, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following condition: -2- Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing Page 3 of 10 1. That these variances apply only to the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8 & 9 contained in the staff report to the Committee of Adjustment, dated April 10, 2024). Motion Lost Based on the report by Planning staff in relation to the dwelling depth, the variances requested do not comply with the current neighbourhood character and the requested variances are not desirable for the appropriate development of the land, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye That application MV 02/24 by J. Gunaratnam, be Refused on the grounds that the requested variances are not minor in nature, not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Official Plan and the Zoning By law. Carried Vote: Omar Ha-Redeye in favour Denise Rundle in favour Sakshi Sood-Joshi in favour Rick Van Andel opposed Sean Wiley in favour 4.2 MV 13/24 P. Imreibe 723 Victory Drive The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, 7873/21, and 7900/22, to permit: • an accessory building (shed) with a maximum height of 3.9 3.65 metres, whereas the By-law permits a maximum height of 3.5 metres for accessory buildings within any residential zone; (revised by the applicant at the hearing) • a total lot coverage of 6.2 percent for all accessory buildings, whereas the By-law permits a total lot coverage of 5 percent for all accessory buildings excluding private detached garages; -3- Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing Page 4 of 10 • a minimum rear yard setback of 1.0 metre to an accessory building (shed), whereas the By-law requires a rear yard setback of 3.0 metres to detached garages and accessory buildings on a corner lot; • a minimum flankage yard setback of 1.0 metre and a minimum rear yard setback of 1.0 metre to an accessory building (shed), whereas the By-laws requires a minimum flankage yard setback of 7.5 metres and a rear yard setback of 3.0 metres for an accessory building erected on the rear yard of a corner lot; and • a minimum flankage yard setback of 3.0 metres to the existing carport, whereas the By-law requires a minimum flankage yard setback of 4.5 metres. The applicant requests approval of this minor variance application to obtain a building permit for the construction of a storage shed. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section and one area resident. In support of the application, the applicant identified that building a shed on the corner of the backyard is practical for several reasons. Firstly, it ensures that it doesn't obstruct the patio or intrude on the neighbors' space, maintaining harmony for east and north neighbor. Has patio stones and gas lines going to the middle of the backyard for BBQ. Secondly, it provides a designated area for storing belongings, especially pertinent if lacking a garage. A shed efficiently utilizes space while addressing storage needs, enhancing the functionality and organization of the property. Peter Imreibe, applicant and Hamid Hemati, agent, were present to represent the application. One area resident was present in objection to the application. The agent made a brief presentation in support of the application. An area resident shared the following concerns in objection to the application: property drainage as a result of a concrete pad placed closed to the property line; the size and height of the proposed shed; and the potential commercial use of the proposed shed. The applicant and agent responded to questions from Committee members regarding the concrete pad placed on the property; intended use of the shed; the drainage; plans for screening. Moved by Denise Rundle Seconded by Rick Van Andel That application MV 13/24 by P. Imreibe, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following conditions: -4- Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing Page 5 of 10 1. That the variance applies only to the proposed development (storage shed), as generally sited, and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3 contained in the staff report to the Committee of Adjustment, dated April 10, 2024). 2. That prior to the issuance of a building permit, appropriate screening, such as privacy fencing and plantings, be provided by the applicant for the proposed storage shed, to the satisfaction of the City Development Department. Carried Unanimously 4.3 MV 21/24 1000111616 Ontario Limited 1030 Salk Road The applicant requests relief from Zoning By-law 2511, as amended, to permit: • minimum side yard setback of 1.5 metres, whereas the By-law requires a minimum side yard setback of 4.5 metres; • side yard parking no closer than 1.5 metres from the (south) side lot line and 1.5 of a metre on the (north) side lot line, whereas the By-law requires side yard parking to be permitted no closer than 7.5 metres from the side lot line on one side and 1.5 metres on the other side; and • notwithstanding the office and industrial parking requirements, the minimum parking requirement for the proposed building shall be 1 space per 117 square metres of gross floor area, whereas the By-law requires a minimum parking requirement for an industrial use shall be 1 space per 56 square metres of gross floor area and a minimum parking requirement for an office use shall be 5 spaces per 93 square metres. The applicant requests approval of this minor variance application to facilitate Site Plan Approval (S 02/23) for two 3-storey industrial warehouse buildings having a combined gross floor area of 17,694 square metres. Input from other sources were received from the Applicant, City’s Engineering Services and the City’s Building Services Section. In support of the application, the applicant submitted a cover letter and Traffic Impact Study for the Committee’s review. Neelo Hussainzada, applicant and Rachelle Larocque, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. -5- Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing Page 6 of 10 The agent made a brief presentation in support of the application. The agent responded to questions from Committee members regarding the nature of tenants expected to occupy the space; potential number of employed persons on-site; and the unique geographic features of the lot. Moved by Rick Van Andel Seconded by Omar Ha-Redeye That application MV 21/24 by 1000111616 Ontario Limited, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By-law, subject to the following conditions: 1. That these variances apply only to the subject property, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7 & 8 contained in the staff report to the Committee of Adjustment, dated April 10, 2024). 2. That 51 temporary parking spaces are permitted within the proposed right-of-way, as generally sited and outlined on the applicant’s submitted plans, until the future right-of-way is conveyed to the City (refer to Exhibit 2 contained in the staff report to the Committee of Adjustment, dated April 10, 2024). Carried Unanimously 5. Consent Reports 5.1 LD 01/24 & MV 19/24 A. Turner & L. Warwick 851 Oklahoma Drive The applicant is proposing to sever a 570.12 square metre parcel of land (Part 1), retaining a 561.7 square metre parcel of land (Part 2). The existing dwelling is proposed to be retained on the retained parcel. Part 3 and Part 4 will be conveyed to the City for public ownership, where Part 3 represents a 5.0 metre corner rounding to be established as a public highway and Part 4 represents a 0.3 metre reserve. The purpose of the reserve is to restrict access to Oklahoma Drive. Bob Martindale, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. -6- Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing Page 7 of 10 In response to questions from Committee members the Secretary-Treasurer confirmed a new notice will be circulated to recognize the rounding and additional variance and can be accommodated by City staff for the May 8, 2024 hearing. Moved by Denise Rundle Seconded by Rick Van Andel That application LD 01/24 & MV 19/24 by A. Turner & L. Warwick, be Deferred to the May 8, 2024 Committee of Adjustment Hearing to allow the applicant to address the zoning non-compliance that is generated for severed lot due to the conveyance of the 0.3 metre reserve. Carried Unanimously 5.2 LD 02/24 to LD 04/24 G. Edmiston 1279 & 1281 Commerce Street LD 02/24 The purpose of the application is to permit the severance of a 508.3 square metre residential parcel of land (Parts 2 and 5 on Draft 40-R Plan), retaining a 1,149.1 square metre residential parcel of land (Parts 3, 4, 6, 7, and 8 on Draft 40-R Plan) as outlined on Exhibit 2. LD 03/24 The purpose of the application is to permit the severance of a 359.4 square metre residential parcel of land (Parts 3 and 6 on Draft 40-R Plan), retaining a 789.7 square metre residential parcel of land (Parts 4, 7 and 8 on Draft 40-R Plan), as outlined on Exhibit 3. LD 04/24 The purpose of the application is to permit the severance of a 405.6 square metre residential parcel of land (Parts 4 and 7 on Draft 40-R Plan), retaining a 384.1 square metre residential parcel of land (Part 8 on Draft 40-R Plan), as outlined on Exhibit 4. The effect of the applications is to create three new vacant residential lots and retain a vacant residential lot, any existing buildings and structures on the subject lands are to be removed. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section, the Region of Durham, and the Toronto and Region Conservation Area (TRCA). -7- Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing Page 8 of 10 The agent confirmed receipt of the report and recommendations and has no objection to either. The agent responded to questions from Committee members regarding the current ownership of lands and affordable housing opportunities. Bob Martindale, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Denise Rundle Seconded by Sakshi Sood Joshi That application LD 02/24 to LD 04/24/24 by G. Edmiston, be Approved, subject to the following: Conditions 1. That the applicant satisfies the requirements of the City Development Department’s Appendix I to staff report to Committee of Adjustment, dated April 10, 2024. 2. That the applicant satisfies the requirements of the City Engineering Services Department’s Memo dated April 3, 2024. 3. That the applicant satisfies the requirements of the Regional Planning and Economic Development Department’s letter dated April 4, 2024. 4. That the applicant satisfies the requirements of the Regional Works Department’s letter dated April 4, 2024. 5. That, to the satisfaction of the Secretary-Treasurer the applicant satisfies the requirements of approval for LD 02/24 to LD 04/24. 6. That applications LD 02/24, LD 03/24 and LD 04/24 be completed in sequential order. A solicitor’s undertaking in this regard is sufficient. 7. That the applicant submit two copies of a registered plan on the subject parcel. 8. That the consent be subject to the following periods: • Last day for fulfilling Conditions is April 10, 2026. • Expiry Date of Applications LD 02/2024, LD 03/24 and LD 04/24 is May 11, 2026. -8- Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing Page 9 of 10 Clearing Agencies 9. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the City Planning Department that Conditions #1 and #5 have been carried out to its satisfaction. 10. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the City Engineering Services Department that Condition #2 has been carried out to its satisfaction. 11. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by the Regional Planning and Economic Development Department that Condition #3 has been carried out to its satisfaction. 12. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be advised in writing by Regional Works Department that Condition #4 has been carried out to its satisfaction. 13. Prior to the signing of the certificate by the Secretary-Treasurer that the consent has been given, the Secretary-Treasurer is to be satisfied that the time periods outlined in Condition #8 have been adhered to. Advisory Comments 1. Once all conditions contained in the Committee's Decision are fully satisfied by the applicant, the applicant’s solicitor must prepare and forward the legal document(s) with the applicable stamping fee to the City of Pickering Committee of Adjustment office, to the attention of the Secretary-Treasurer for review and approval with stamping. The document(s) will be returned to the solicitor for registration purposes. Failing receipt by the Secretary-Treasurer of the Deed Package by the requisite date, the application shall be deemed expired and shall lapse. Carried Unanimously -9- Committee of Adjustment Hearing Minutes Wednesday, April 10, 2024 7:00 pm Electronic Hearing Page 10 of 10 6. Adjournment Moved by Sakshi Sood Joshi Seconded by Omar Ha-Redeye That the 4th hearing of the 2024 Committee of Adjustment be adjourned at 8:31 pm. Carried Unanimously __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer Please note the Committee of Adjustment Hearings are available for viewing on the City of Pickering YouTube channel https://www.youtube.com/user/SustainablePickering -10- Report to Committee of Adjustment Application Number: MV 20/24 Date: May 8, 2024 From: Cody Morrison Principal Planner, Development Review Subject: Minor Variance Application MV 20/24 A. Bronkhorst & S. Smith 679 Front Road Application The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, 7873/21, and 7900/22, to permit: • a maximum front yard setback of 17.9 metres, whereas the By-law permits a maximum front yard setback of 10.8 metres; • a maximum dwelling depth of 27.0 metres, whereas the By-law permits a maximum dwelling depth of 20.0 metres for a lot with a depth greater than 40.0 metres; and • a maximum dwelling height of 10.7 metres, whereas the By-law permits a maximum dwelling height of 9.0 metres. The applicant requests approval of this minor variance application in order to obtain a building permit for the construction of a three-storey detached dwelling. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and considers the requested variances to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That the variance applies only to the proposed development, as generally sited, and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8, 9 & 10). -11- Report MV 20/24 May 8, 2024 Page 2 Background Minor Variance Decision PCA 35/23 On August 9, 2023, the Pickering Committee of Adjustment approved Minor Variance Application PCA 35/23 to recognize the existing lot frontage of 7.6 metres and lot area of 343 square metres for an undersized parcel, and to permit a minimum side yard setback of 0.9 of a metre on the south side and 1.0 metre on the north side. At the time of application, the applicant advised that they did not wish to request variances to the Infill and Replacement Housing By-laws 7872/21, 7873/21, and 7900/22 (Infill By-laws) due to the on-going appeals at the time. The applicant had acknowledged the risks of not seeking variance to the Infill By-laws at the time and the possibility of requiring additional variances should those by-laws become in force and effect. On September 5, 2023, the Ontario Land Tribunal (OLT) dismissed all appeals to the Infill By-laws, and the By-laws became in force and in effect retroactive to the date it was passed by Council (September 27, 2021). On January 11, 2024, the applicant submitted a Building Permit application for the proposed three-storey detached dwelling. Due the Infill By-laws coming into effect, several zoning non-compliances were identified. As such, the applicant is now requesting variances to the Infill By-laws to permit the construction of the proposed dwelling. Comments Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential Areas – Low Density Area” within the Bay Ridges Neighbourhood. Residential uses such as detached dwellings are permitted within the Urban Residential Areas designations. The subject property is located within the Established Neighbourhood Precinct of the Bay Ridge Neighbourhood and is subject to the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts. The applicant has completed the Urban Design Guideline checklist, which can be found as Appendix A in this report. Conforms to the Intent of the Zoning By-law The subject property is zoned “R4” in Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, 7873/21, and 7900/22. Detached dwellings are permitted within the R4 zone. -12- Report MV 20/24 May 8, 2024 Page 3 Maximum Front Yard Setback Variance The maximum front yard setback is determined using the average front yard setbacks of the adjacent properties, plus 1.0 metre. The maximum front yard setback applies to 80 percent of the dwelling width including any attached garage. 20 percent of the dwelling width is exempted from the maximum front yard requirement to accommodate any design features that require a further setback. The intent of this provision is to ensure adjacent dwellings maintain a similar setback in order to provide for a consistent streetscape. The applicant is proposing a maximum front yard setback of 17.9 metres, whereas the By-law permits a maximum front yard setback of 10.8 metres. The maximum front yard setback is measured from the front lot line to the furthest front wall on the first floor as the width of this wall exceeds the 20 percent exemption. The proposed dwelling has been designed to inset the first floor of the building at the front and rear and have a cantilevered second and third storey. The front walls of the second and third floor have a minimum setback of 12.0 metres and 9.9 metres from the front lot line, respectively. Additionally, the projecting balcony on the second floor maintains a minimum setback of 8.8 metres from the front lot line, which is consistent with the minimum front yard setback on the adjacent property immediately to the south. The proposed building has been designed to provide articulation on the front façade and give prominence to the second and third storey. Despite the front wall of the first floor exceeding the maximum permitted setback of 10.8 metres, majority of the building (the second and third storey) are located much closer to the front lot line and maintain a more consistent front yard setback as the existing dwellings located immediately to the north and south. As such, staff are of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Maximum Dwelling Depth Variance Dwelling depth is measured from the minimum front yard setback (which is established by the shortest front yard setback of the adjacent lots) to the rear of the dwelling. The intent of requiring a maximum dwelling depth is to provide for consistent placement of rear walls on neighbouring properties, and to reduce negative shadowing, massing, and privacy impacts on adjacent properties and rear yards. The applicant is requesting a maximum dwelling depth of 27.0 metres, whereas the by-law permits a maximum front yard setback of 20.0 metres. The applicant has indicated that the additional depth is required to provide sufficient living space on the narrow lot. The dwelling depth has been calculated to the furthest rear wall on the third storey, however, as outlined previously, the first storey is proposed to be a significantly smaller footprint. The second and third storey project 8.3 metres and 9.0 metres, respectively, beyond the first floor at the rear of the building. The inset ground floor at the first storey will assist in minimizing a negative visual impact on the abutting property immediately to the south, as it will provide more openness when viewed from the rear yard. -13- Report MV 20/24 May 8, 2024 Page 4 Additionally, the rear wall of the ground floor is consistent with the rear wall of the adjacent dwelling immediately to the north. The proposed dwelling has a total width of 5.6 metres. The modest width of the building, together with the proposed articulation of the rear façade will assist in minimizing the overall mass of the building and the negative visual, privacy and shadowing impacts on adjacent properties. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Maximum Dwelling Height Variance The applicant is requesting a maximum dwelling height of 10.7 metres, whereas the By-law permits a maximum dwelling height of 9.0 metres. The intent of this provision is to regulate the scale of the proposed buildings and to reduce potential shadowing and overlooking impacts to the adjacent dwellings. For properties within the Established Neighbourhood Precinct, dwelling height includes roof structures, such as mechanical penthouses and railings for rooftop amenity spaces. The proposed dwelling height from the established grade to the top of the third storey parapet is 9.6 metres, however the applicant has proposed a 1.1-metre-high railing on portions of the rooftop to enable a rooftop amenity area. As a result, the building height is proposed to be 10.7 metres. The three-storey dwelling, when measured to the parapet, is similar to the height of the dwelling on the property immediately to the north, which is 9.8 metres. Further north, at the southeast corner of Front Road and Commerce Street, 4 three-storey detached dwellings with rooftop amenity space were approved by Council through site-specific Zoning By-law 8021/23. The maximum permitted height for these dwellings is 9.6 metres, however the rooftop walkouts and railings associated with the proposed amenity space are not included in the maximum building height calculation under the site-specific zoning by-law. The proposed dwelling height, when measured to the top of the third storey parapet, is consistent with the established and proposed dwelling heights of the immediately surrounding area. The proposed rooftop amenity space is consistent with recently approved infill development proposals within the immediately surrounding area. The amenity area is proposed to be setback 2.2 metres from the front wall, which will reduce visibility of the railing from the street. The amenity space is also setback 2.0 metres from the south wall, which will assist in minimizing privacy and overlooking impacts on adjacent property immediately to the south. Additionally, the owner of the property immediately to the north has indicated support for the submitted variances. Staff is of the opinion that requested variance maintains the general intent and purpose of the Zoning By-law. -14- Report MV 20/24 May 8, 2024 Page 5 Desirable for the Appropriate Development of the Land and Minor in Nature The requested variances will facilitate a three-storey dwelling containing two bedrooms. Due to the narrow width of the property, the applicant is proposing to accommodate living space through an increased building height and budling depth. The dwelling has been designed to provide an inset first storey and cantilevering second and third storey in order to reduce the overall mass of the building and minimize negative visual and shadowing impacts on adjacent properties. The proposed building height is consistent with existing or proposed dwellings along Front Road. The proposed rooftop amenity space has been setback from the front, rear and south building walls, which will assist in minimizing overlook and privacy impacts to adjacent properties and visual impact along the streetscape. Staff is satisfied that the requested variances are desirable for the appropriate development of land and are minor in nature. Input From Other Sources Applicant • Building height: the additional height is required to construct the 3-storey dwelling and 3 storeys are required to provide adequate living space due to the narrow lot. Included in the height restriction is the roof guard, the guards are required for the owner’s access to the roof. In comparison to the property to the north, the proposed height to the parapet for the proposed dwelling is lower than adjacent dwelling to the north by 4” (0.11m); noting that both the proposed and adjacent houses have flat roofs. • Front yard setback: The Infill By-Law has minimum and maximum setback requirements, for this application, the minimum is 8.8m and the maximum is 10.8m; the minimum setback has been satisfied (to the upper-level balcony edge); the maximum setback is exceeded, at the ground floor level, due to the unique cantilever design having the 2 upper floors cantilevered over the ground floor. • Building depth: Due to the narrow lot width and the linear design of the house, the additional building depth is necessary to provide sufficient living space. -15- Report MV 20/24 May 8, 2024 Page 6 Date of report: May 2, 2024 Comments prepared by: Planner I Principal Planner, Development Review ZC:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2024\MV 20-24\7. Report\MV 20-24 Report.docx Attachments Engineering Services •Ensure the increased maximum dwelling depth andincreased maximum front yard setback (if approved with this application) do not adversely affect the drainage patterns within the lot and surrounding area. •Downspouts are to be connected to rain barrels withan overflow to the surface. 450mm amended topsoilwill be required. The use of rain gardens and permeable pavers for the driveway must also beconsidered to address the increased imperviousnessof the lot. This is to be addressed through the buildingpermit. Building Services •No concerns from Building Services. •Building Permit application is on hold untilCommittee’s decision Owners of 681 Front Road •Supports the submitted application. •Expressed they have no concern regardingshadowing or privacy as a result of the proposed dwelling. Original Signed By Original Signed By Ziya Cao Cody Morrison -16- Appendix A Urban Design Guideline Checklist Urban Design Guidelines Attachment 1 City of Pickering Established Neighbourhood Precincts City of Pickering Established Neighbourhood Precincts Urban Design Checklist Please note, if you mark "no" below please provide your rational in the adjacent "Comments" section either supporting , or not supporting the proposal. Yes No 1. X 2. X 3. X 4. X 5. X 6. X 7. X 8. X Is the proposed dwelling height and roof pitch similar/compatible with the surrounding dwellings? (see Section 2.1: Guideline 1) If the proposed new dwelling is significantly taller than an existing adjacent house, does the roof of the proposed new dwelling slope away from the existing adjacent house? (see Section 2.1: Guideline 2) Is the maximum elevation of the Front Entrance 1.2 metres, or less, above grade? (see Section 2.2: Guideline 1) Is the main entrance visible from the street? (see Section 2.2: Guideline 2) Are the stairs to the main entrance designed as an integral component of the front fac_;:ade? (Section 2.2: Guideline 7) Does the design of the front entrance reduce the visual dominance of the garage and driveway? (see Section 2.2: Guideline 9) Does the proposed dwelling have a similar Dwelling Depth to the adjacent dwellings along the street? (see Section 2.3: Guideline 2) Does the proposed dwelling have a similar Side Yard Setback to the adjacent dwellings along the street? (see Figure 15) Comments The proposed dwelling has a flat roof similar to the abutting property to the north The top of the parapet for the proposed dwelling is lower in elevation to the parapet elevation of the abutting property to the north The main entrance is from the south interior side yard There are no stairs proposed to the main entrance The main entrance is from the south interior side yard The proposed dwelling is deeper than the adjacent dwellings, required to the reduced lot width -17- Appendix A Urban Design Checklist Cont'd Yes No 9. X 10. X 11. X 12. X Has shadow on adjacent dwellings been mitigated with greater Side Yard Setbacks? (Section 3.1: Guideline 2) Is the garage flush or recessed from the main front wall? (see Section 3.2: Guideline 5) Is the proposed driveway width the same as the permitted garage width? (see Section 3.3: Guideline 1) Does the plan preserve existing trees? (see Section 4.1 : Guideline 1) Urban Design Guidelines Comments City of Pickering Established Neighbourhood Precincts Refer to attached letter from the neighbour to the north There is no proposed garage There is no proposed garage, the driveway width is proposed at 3.0 mwide There are 2 existing trees to be removed in the rear yard ; the owner will plant new trees (Japanese Cherry Blossom) Refer to attached photos of trees to be removed -18- April 8, 2024 Mir Ali Asgary 681 Front Street Pickering, Ontario Dear City of Pickering, Letter of Support I am writing this letter on the behalf of my next-door neighbour, Arthur Bronkhorst, owner of 679 Front Street, to support his variance application letter. I have noted the height of his parapet wall is approximately 18 inches below the parapet wall of my own house and the depth of his house is 26 meters from the front lot line of his property. I have no concerns regarding shadowing or privacy and support approval of his variance application. Thank you. Yours sincerely Mir Ali Asgary -19- !:_<?.ROOF DOORNQWKJOWlNW ASl'ERIWIFACn.llfa. REFERf0M,(IOW """""""-'"""""""""' IIATIJltAlW::COSIONGVENWt ...S~-.!.l...,..,_S!"n.EAND aJ.OUR..SPBtQIN01 '''""'"""" (USSAAU(';A$PEII CMMJl'SSPS:lflCATONS. llf1fllTtlNOTEU i='f~ONT ELEVATION 681 Front Road -20- Tree #1 to be removed/replaced 679 Front Road -21- Tree #2 to be removed/replaced 679 Front Road -22- \['Jaterpoint Street af:j of PlCKERlNG City Development Department L:\PLANNING\01-MapFiles\MV\2024\MV 20-24\MV 15-24.aprx Exhibit 1 ""O "' 0 Ilona Park Road 0::: Commerce Street Location Map File: MV 20/24 Applicant: A.Bronkhorst & S. Smith Municipal Address: 679 Front Road © The Corporation of the City of Pickering Produced (in part) under license from: C "' (/) "' Q) c::: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.,© His Majesty the King 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. Annland Street Date: Mar. 13, 2024 SCALE: 1:2,000 I THIS ISNOTAPLANOF SURVEY. -23- Ex h i b i t 2 Su b m i t t e d S i t e P l a n Fi l e N o : M V 2 0 / 2 4 Ap p l i c a n t : A . B r o n k h o r s t & S . S m i t h Mu n i c i p a l A d d r e s s : 6 7 9 F r o n t R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : A p r i l 1 8 , 2 0 2 4   Front Road Ma x . F r o n t Y a r d S e t b a c k : 1 7 . 9 m Mi n . F r o n t Y a r d S e t b a c k : 8 . 8 m Ma x . D w e l l i n g D e pth : 2 7 . 0 m to p e r m i t a m a x i m u m dw e l l i n g d e p t h o f 2 7 . 0 m e t r e s fo r a l o t w i t h a d e p t h g r e a t e r th a n 4 0 m e t r e s   to p e r m i t a m a x i m u m dw e l l i n g h e i g h t o f 10 . 7 m e t r e s   to p e r m i t a m a x i m u m fr o n t y a r d s e t b a c k o f 17 . 9 m e t r e s   -24- Ex h i b i t 3 Su b m i t t e d We s t El e v a t i o n P l a n (Fr o n t El e v a t i o n ) Fi l e N o : MV 2 0 / 2 4 Ap p l i c a n t : A. B r o n k h o r s t & S . S m i t h Mu n i c i p a l A d d r e s s : 67 9 F r o n t R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Ap r i l 22 , 2 0 2 4 to p e r m i t a m a x i m u m dw e l l i n g h e i g h t o f 10 . 7 m e t r e s -25- Ex h i b i t 4 Su b m i t t e d N o r t h E l e v a t i o n P l a n (No r t h S i d e E l e v a t i o n ) Fi l e N o : M V 2 0 / 2 4 Ap p l i c a n t : A . B r o n k h o r s t & S . S m i t h Mu n i c i p a l A d d r e s s : 6 7 9 F r o n t R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : A p r i l 1 8 , 2 0 2 4   -26- Ex h i b i t 5 Su b m i t t e d S o u t h E l e v a t i o n P l a n (So u t h S i d e E l e v a t i o n ) Fi l e N o : M V 2 0 / 2 4 Ap p l i c a n t : A . B r o n k h o r s t & S . S m i t h Mu n i c i p a l A d d r e s s : 6 7 9 F r o n t R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : A p r i l 1 8 , 2 0 2 4   -27- Ex h i b i t 6 Su b m i t t e d Ea s t El e v a t i o n P l a n (Re a r El e v a t i o n ) Fi l e N o : MV 2 0 / 2 4 Ap p l i c a n t : A. B r o n k h o r s t & S . S m i t h Mu n i c i p a l A d d r e s s : 67 9 F r o n t R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Ap r i l 1 8 , 2 0 2 4 -28- Ex h i b i t 7 Su b m i t t e d Fl o o r Pl a n (G o u n d F l o o r ) Fi l e N o : MV 2 0 / 2 4 Ap p l i c a n t : A. B r o n k h o r s t & S . S m i t h Mu n i c i p a l A d d r e s s : 67 9 F r o n t R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Ap r i l 29 , 2 0 2 4 -29- Ex h i b i t 8 Su b m i t t e d Fl o o r Pl a n (Se c o n d Fl o o r ) Fi l e N o : MV 2 0 / 2 4 Ap p l i c a n t : A. B r o n k h o r s t & S . S m i t h Mu n i c i p a l A d d r e s s : 67 9 F r o n t R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Ap r i l 29 , 2 0 2 4 -30- Ex h i b i t 9 Su b m i t t e d Fl o o r Pl a n (Th i r d Fl o o r ) Fi l e N o : MV 2 0 / 2 4 Ap p l i c a n t : A. B r o n k h o r s t & S . S m i t h Mu n i c i p a l A d d r e s s : 67 9 F r o n t R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Ap r i l 29 , 2 0 2 4 -31- Ex h i b i t 10 Su b m i t t e d Ro o f P l a n Fi l e N o : MV 2 0 / 2 4 Ap p l i c a n t : A. B r o n k h o r s t & S . S m i t h Mu n i c i p a l A d d r e s s : 67 9 F r o n t R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Ap r i l 29 , 2 0 2 4 Ro o f t o p A m e n i t y A r e a -32- Report to Committee of Adjustment Application Number: MV 22/24 Date: May 8, 2024 From: Cody Morrison Principal Planner, Development Review Subject: Committee of Adjustment Application MV 22/24 Delta Property Holdings Inc. 975 Dillingham Road Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 5502/99: • to permit a maximum gross leaseable floor area of 2390 square metres for any bingo facility, whereas the By-law requires that the gross leaseable floor area of any bingo facility shall not exceed 1740 square metres; • to recognize a maximum gross leaseable floor area of 1007 square metres for any office use, whereas the By-law requires that the gross leaseable floor area of any office use shall not exceed 950 square metres; and • to recognize side yard parking no closer than 3.5 metres from the north side lot line and 1.5 metres from the south side lot line, whereas the By-law states that side yard parking shall only be permitted no closer than 7.5 metres from the side lot line on one side and 1.5 metres on the other side. The applicant requests approval of this minor variance application in order to recognize an existing parking area setback and office uses, and to permit the enlargement of an existing bingo facility. Recommendation The City Development Department recommends Deferral of Minor Variance Application MV 22/24 to the June 12, 2024 Committee of Adjustment Hearing in order for the applicant to prepare and submit a Parking Justification Study, to the satisfaction of the City, in support the requested variances. Background In June 1999, Council approved site-specific Zoning By-law 5502/99, which permits a bingo facility with a maximum gross leasable floor area of 1,740 square metres and an office use with a maximum gross leaseable floorspace of 950 square metres. Based on the maximum gross floor area of the permitted uses, the by-law specified that a minimum of 270 parking spaces be provided on the subject lands. -33- Report MV 22/24 May 8, 2024 Page 2 The applicant is proposing to expand the gross leaseable floor area of the bingo facility and offices uses, but is not proposing to increase the number of parking spaces on-site. The applicant proposes to maintain 270 parking spaces. Staff are concerned that the number of parking spaces provided is insufficient to support the proposed increase in gross leasable floorspace of the proposed bingo facility and the existing office space. The applicant is required to demonstrate that the existing number of parking spaces provided on the subject lands (270 spaces) is sufficient to accommodate the requested increase in gross leasable floor area of the office use and bingo facility. To support the requested variances, staff request that a Parking Justification Study be provided to assess if the proposed parking supply of 270 parking spaces would adequately support the existing uses (and associated gross leasable floorspace) and the proposed expansion to the bingo hall and office uses. Date of report: May 2, 2024 Comments prepared by: Review LC:jc \\Fs\planning\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2024\MV 22-24\7. Report\MV 22-24 Report Deferral.doc Attachments Original Signed By Original Signed By Liam Crawford Cody Morrison Planner II Principal Planner, Development -34- Br o c k R o a d Di l l i n g h a m R o a d Orangebrook Court Sa l k R o a d Bayly Street Quigley Street Don BeerArena Location MapFile:Applicant:Municipal Address: MV 22/24 Date: Apr. 10, 2024 Exhibit 1 ¯ E Delta Property Holdings Inc. 975 Dillingham Road SubjectLands L:\PLANNING\01-MapFiles\MV\2024\MV 22-24\MV22-24_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment HydroLands HydroLands -35- Exhibit 2 Submitted Site Plan (Enlarged) File No: MV 22/24 Applicant: Delta Property Holdings Inc. Municipal Address: 975 Dillingham Road FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: April 19, 2024 Proposed Bingo Facility Expansion (558m2) Existing Bingo Facility Area (1,831m2) Existing Office Area (922m2) Existing Office Space for the Bicycle Shop (83m2) Di l l i n g h a m R o a d Dillingham Road Existing Parking (270 Spaces) Existing Bicycle Shop to recognize a maximum gross leaseable floor area of 1007 square metres for any office use to permit a maximum gross leaseable floor area of 2390 square metres for any bingo facility to recognize side yard parking no closer than 3.5 metres from the north side lot line and 1.5 metres from the south side lot line -36- Report to Committee of Adjustment Application Number: MV 23/24 Date: May 8, 2024 From: Cody Morrison Principal Planner, Development Review Subject: Committee of Adjustment Application MV 23/24 M. Baha & M. Attaie 1990 Guild Road Application The applicant requests relief from Zoning By-law 3036, as amended, to: • recognize a minimum lot frontage of 15.4 metres, whereas the By-law requires a minimum lot frontage of 18.0 metres; and • permit a minimum north side yard and south side yard of 1.5 metres, whereas the By-law states that where a garage is erected as part of a detached dwelling, the minimum required side yard shall be 1.8 metres. The applicant requests approval of this minor variance application to obtain a building permit for the construction of a two-storey detached dwelling. Recommendation For your information, and based solely on the Application for Minor Variance and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and considers the requested variances to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That these variances apply only to the proposed detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6). Background In June 1990, the Committee of Adjustment approved Minor Variance Application P/CA 34/90, to recognize a minimum lot frontage of 15.54 metres for the subject property. The applicant has submitted an updated property survey to the City, which indicates an existing lot frontage of 15.47 metres. As such, a new variance to recognize a minimum lot frontage of 15.4 metres is required. -37- Report MV 23/24 May 8, 2024 Page 2 Comment Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential Areas – Medium Density Areas” within the Village East neighbourhood. The requested variances are to facilitate the construction of a detached dwelling on the subject property, which is a permitted use within this designation and a common built form within the Village East Neighbourhood. Staff is of the opinion that the requested variances maintain the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law Existing Lot Frontage The requested variance is to recognize a minimum lot frontage of 15.4 metres, whereas the By-law requires a minimum lot frontage of 18.0 metres. The intent of this provision is to ensure a usable lot size that is compatible with the neighbourhood. Lots along Guild Road have frontages primarily ranging between 15.0 and 16.0 metres, with the exception of select lots on the east side of the street that have slightly larger frontage ranging between 23.0 metres and 30 metres. The abutting lots immediately to the north and south of the subject property appear to have lot frontages of approximately 15.0 and 16.0 metres, respectively. The existing lot falls within the range of frontages established along Guild Road. Through the submitted plans, the applicant has demonstrated that the size of the lot is usable for residential purposes and that a detached dwelling can be appropriately sited on the lot. North & South Side Yards The requested variance is to permit a minimum north side yard and south side yard of 1.52 metres, whereas the By-law states that where a garage is erected as part of a detached dwelling, the minimum required side yard shall be 1.8 metres on both sides. The intent of this provision is to provide an appropriate separation between structures on abutting properties to maintain pedestrian access, and to accommodate grading, drainage, and other residential services. The existing dwelling on the abutting lot to the north (1992 Guild Road) is set back approximately 4.7 metres from the shared property line. A separation of 6.2 metres will be maintained between the proposed dwelling on the subject property and the existing dwelling to the north. The existing dwelling on the abutting lot to the south (1988 Guild Road) is setback a minimum of 1.2 metres from the shared property line. A minimum separation of 2.7 metres will be maintained between the proposed dwelling on the subject property and the existing dwelling to the south. There is sufficient separation between the proposed dwelling and the adjacent dwellings to the north and south to accommodate pedestrian access. -38- Report MV 23/24 May 8, 2024 Page 3 The City’s Engineering Services Department has advised that the proposed north and south side yards of 1.52 metres are sufficient to accommodate grading and drainage works on the subject property, without encroaching onto abutting properties. Staff is of the opinion that the requested variances maintain the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature The variance to the lot frontage recognizes a condition that has existed for over 34 years and is consistent with the established lotting pattern along Guild Road. The neighbouring dwellings on the east side of Guild Road (1987 & 1985 Guild Road) received approval from the Committee of Adjustment in 2015 and 2021 respectively, to permit north and south side yard setbacks of 1.5 metres. The requested variances are in keeping with the lotting pattern and built form along Guild Road. Staff is of the opinion that the requested variances are desirable for the appropriate development of the land and are minor in nature. Input From Other Sources Applicant •The frontage is to maintain an existing lot frontage as wellas side yard setbacks. Engineering Services •Ensure the reduced lot frontage and reduced side yardsetbacks (if approved with this application) do notadversely affect the drainage patterns within the lot andsurrounding area. Multiple Low Impact Development measures (such as infiltration galleries with downspout connections, rain gardens and 450mm amended soil) willbe required at the Building Permit stage. Building Services •No concerns from Building Services. Public Input •No written submissions were received from the public as of the date of writing this report. Date of report: May 1, 2024 Comments prepared by: Isabel Lima Cody Morrison Senior Planner Principal Planner, Development Review IL:jc J:\Documents\Development\D-3700\2024\MV 23-24\7. Report Attachments Original Signed By Original Signed By -39- Finch Avenue Beaton Way D e n m a r R o a d Duberry Driv e Kingston R o a d Jaywin C i r c l e Ro y a l R o a d Gu i l d R o a d Diana PrincessOf Wales Park Denmar Park BrockridgeCommunityPark Location MapFile:Applicant:Municipal Address: MV 23/24 Date: Apr. 10, 2024 Exhibit 1 ¯ E M. Baha & M. Attaie 1990 Guild Road SubjectLands L:\PLANNING\01-MapFiles\MV\2024\MV 23-24\MV23-24_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment HydroLands Hydro Lands -40- Ex h i b i t 2 Su b m i t t e d Si t e Pl a n Fi l e N o : MV 2 3 / 2 4 Ap p l i c a n t : M. B a h a & M . A t t a i e Mu n i c i p a l A d d r e s s : 19 9 0 Gu i l d R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Ap r i l 1 6 , 2 0 2 4 to r e c o g n i z e a m i n i m u m lo t f r o n t a g e o f 1 5 . 4 me t r e s to p e r m i t a m i n i m u m n o r t h si d e y a r d a n d s o u t h s i d e y a r d of 1 . 5 m e t r e s -41- Ex h i b i t 3 Su b m i t t e d Fr o n t ( E a s t ) E l e v a t i o n Fi l e N o : MV 2 3 / 2 4 Ap p l i c a n t : M. B a h a & M . A t t a i e Mu n i c i p a l A d d r e s s : 19 9 0 G u i l d R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T DE P A R T M E N T . Da t e : Ap r i l 1 6 , 2 0 2 4 -42- Ex h i b i t 4 Su b m i t t e d Re a r (We s t ) E l e v a t i o n Fi l e N o : MV 2 3 / 2 4 Ap p l i c a n t : M. B a h a & M . A t t a i e Mu n i c i p a l A d d r e s s : 19 9 0 G u i l d R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T DE P A R T M E N T . Da t e : Ap r i l 1 6 , 2 0 2 4 -43- Ex h i b i t 5 Su b m i t t e d No r t h S i d e El e v a t i o n Fi l e N o : MV 2 3 / 2 4 Ap p l i c a n t : M. B a h a & M . A t t a i e Mu n i c i p a l A d d r e s s : 19 9 0 G u i l d R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T DE P A R T M E N T . Da t e : Ap r i l 1 6 , 2 0 2 4 -44- Ex h i b i t 6 Su b m i t t e d So u t h Si d e El e v a t i o n Fi l e N o : MV 2 3 / 2 4 Ap p l i c a n t : M. B a h a & M . A t t a i e Mu n i c i p a l A d d r e s s : 19 9 0 G u i l d R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T DE P A R T M E N T . Da t e : Ap r i l 1 6 , 2 0 2 4 -45- Report to Committee of Adjustment Application Number: MV 24/24 Date: May 8, 2024 From: Cody Morrison Principal Planner, Development Review Subject: Committee of Adjustment Application MV 24/24 PTC Ownership Inc. 1355 Kingston Road (Blocks 1 and 3 within Draft Approved Plan of Subdivision SP-2021-02) Application The applicant requests relief from Zoning By-law 7553/17, as amended by By-law 7981/23, to permit balconies to project beyond the main wall no less than 5.0 metres in height above grade along any street line with required Active At Grade Frontages, whereas the By-law states that balconies are not permitted to project beyond the main wall less than 10.5 metres in height above grade along any street line with required Active At Grade Frontages. The applicant requests approval of this minor variance application to facilitate Site Plan Approval (S 10/23) for four mixed-use towers ranging in height between 40 and 55 storeys, on Blocks 1 and 3 within Draft Approved Plan of Subdivision SP-2021-02. Recommendation For your information, and based solely on the Application for Minor Variance and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and considers the requested variance to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That this variance applies only to Towers 2, 3 and 4 on Blocks 1 and 3 within Draft Approved Plan of Subdivision SP-2021-02 (refer to Exhibits 2, 3 & 4). Background - Previous and Ongoing Applications On January 23, 2023, Council endorsed Draft Plan of Subdivision Application SP-2021-02 and approved Zoning By-law Amendment Application A 15/21. The purpose of the applications is to facilitate the construction of a high-density, mixed-use development on the eastern portion of the Pickering Town Centre mall lands, consisting of nine development blocks for residential, office, and commercial uses, and one parkland block. -46- Report MV 24/24 May 8, 2024 Page 2 The draft plan of subdivision was draft approved on March 9, 2023 (refer to Exhibit 2, Draft Approved Plan of Subdivision). The applicant is currently working with City staff to fulfill the conditions of draft plan approval. Following approval of the applications for draft plan of subdivision and zoning by-law amendment, the applicant submitted applications for Site Plan Approval for Blocks 1, 3, 4, 7 and 10. These applications are currently under review by the City. On January 10, 2024, the Committee of Adjustment refused Minor Variance Application P/CA 52/23, to reduce the minimum parking ratio from 0.65 parking spaces per apartment dwelling unit to 0.5 parking spaces per unit for all blocks within the draft plan of subdivision. The applicant appealed the Committee’s decision to the Ontario Land Tribunal (OLT) and a hearing was held on April 18, 2024. On May 2, 2024, the OLT issued a written decision allowing the appeal and approved Minor Variance Application P/CA 52/23. Comment Conforms to the Intent of the Official Plan The Pickering Official Plan designates the subject property as “Mixed Use Areas – City Centre”. This designation permits high-density residential uses, retailing of goods and services, offices and restaurants, hotels, convention centres, community, cultural and recreational uses, community gardens, and farmers’ markets. Section 12.10(c)(ii) in the Official Plan states that new development in the City Centre shall have regard for the City Centre Urban Design Guidelines. The City Centre Urban Design Guidelines state that the building face along a street shall be articulated through recessions, projections, and change of materials, to enhance the overall architectural style of the building. The balconies for the proposed residential units have been designed to project beyond the walls of the towers, to provide articulations in the building faces along the streetline. A mix of materials and colours have also been used to enhance the design of the buildings at street level, including glass, brick, spandrel panel, and aluminum (refer to Figure 1 below). The design guidelines state that weather protection should be incorporated into the design of new development, including inset lobbies, architectural projections, canopies, or awnings. The balconies located on the second floors that project beyond the walls of the buildings will provide weather protection at street level and assist in establishing a pedestrian scale streetscape (refer to Exhibit 4). Staff is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan and the City Centre Urban Design Guidelines. -47- Report MV 24/24 May 8, 2024 Page 3 Figure 1: Submitted South Elevation, Tower 2 facing a Future Public Road Conforms to the Intent of the Zoning By-law Under Zoning By-law 7553/17, Active At Grade Frontages are defined as the ground floor of a building facing a street line that is permeable, transparent, and contains the primary entrance door for uses such as restaurants, food and retail stores, and community uses. The requested variance is to permit balconies to project beyond the main wall no less than 5.0 metres (about 2 storeys) in height above grade along any street line with required Active At Grade Frontages, whereas the By-law states that balconies are not permitted to project beyond the main wall less than 10.5 metres (about 3 storeys) in height above grade along any street line with required Active At Grade Frontages. The intent of this provision is to ensure that the first three floors of a building (the podium) achieve a consistent façade with an elevated architectural treatment that is not obscured by cantilevered balconies. As shown on Exhibit 3, Active At Grade Frontages are required along Glenanna Road abutting the eastern walls of Towers 3 and 4, and along a Future Public Road abutting the southern walls of Towers 2 and 3. The floor-to-ceiling height of the ground floors have been designed to be taller than the upper floors (refer to Figure 1 above). The intent of this design is to visually distinguish the ground floors from the upper floors to provide a pedestrian scale streetscape and allow retail/commercial uses in the ground floors to be highly visible and inviting from the street (refer to Figure 2 below). -48- Report MV 24/24 May 8, 2024 Page 4 Figure 2: Submitted East Elevation, Tower 3 facing Glenanna Road The proposed balconies will maintain a consistent projection on each floor, which will assist in establishing a consistent façade within the podium of building. The podium has been designed to integrate the balcony into the structural partition walls of the building which minimize the visual appearance of the projection (refer to Figure 3 below). Figure 3: Submitted Conceptual Rendering, Tower 3 -49- Report MV 24/24 May 8, 2024 Page 5 Staff are satisfied that the buildings have been designed to ensure that the ground floor is visually prominent at street level. The proposed balconies have been appropriately integrated into the building to define the proposed podium of the building and provide for a consistent façade along the street. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature The balconies on the second floors projecting beyond the main walls of the towers will provide articulations in the building façade and will maintain a consistent projection in order to define the podium of the building. The requested variance is intended to facilitate a building design that is consistent with the City Centre Urban Design Guidelines. The proposed balconies have been integrated into the proposed podium design through the use of projecting partition walls and will establish a consistent façade within the podium of the buildings. Staff is of the opinion that the requested variance is desirable for the appropriate development of the land and is minor in nature. Input From Other Sources Applicant •The applicant has submitted a Planning Justification Report in support of this application. Please contact the City Development Department to receive a copy of thisreport at citydev@pickering.ca. Engineering Services •No comments on this application. Building Services •No concerns with respect to the application. Public Input •No written submissions were received from the public as ofthe date of writing this report. Date of report: May 2, 2024 Comments prepared by: Isabel Lima Cody Morrison Senior Planner Principal Planner, Development Review IL:nr J:\Documents\Development\D-3700\2024\MV 24-24\7. Report Attachments Original Signed By Original Signed By -50- Pickering Pa r k w a y Li v e r p o o l R o a d ValleyFarmRoad Gle nvie w Road G le n a n n a R o a d Kin g sto n R o a d Gl e n d a l e D r i v e Highway 40 1 Gle ngrove R oad The Esplana d e S Esplanade Park Block 8 Block 5 Block 1 Block6 Block 2(Park) Block 3 Block 4 Block 7 Block9 Block10 Location MapFile:Applicant:Municipal Address: MV 24/24 Date: Apr. 17, 2024 Exhibit 1 ¯ E PTC Ownership Inc. 1355 Kingston Road (Blocks 1 and 3 within Draft L:\PLANNING\01-MapFiles\MV\2024\MV 24-24\MV24-24_LocationMap.mxd 1:5,500 SCALE:THIS IS NOT A PLAN OF SURVEY. City DevelopmentDepartment Pickering Town Centre (PTC)Mall Lands E SubjectLands © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.;© His King 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.; Approved Plan of Subdivision SP-2021-02) -51- Exhibit 2 Draft Approved Plan of Subdivision SP-2021-02 File No: MV 24/24 Applicant: PTC Ownership Inc. Municipal Address: 1355 Kingston Road (Blocks 1 and 3 within Draft Approved Plan of Subdivision SP-2021-02) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: April 17, 2024 Block 1 Block 3 -52- Ex h i b i t 3 Su b m i t t e d Si t e Pl a n Fi l e N o : MV 2 4 / 2 4 Ap p l i c a n t : PT C O w n e r s h i p I n c . Mu n i c i p a l A d d r e s s : 13 5 5 Ki n g s t o n R o a d (B l o c k s 1 a n d 3 w i t h i n D r a f t A p p r o v e d P l a n o f S u b d i v i s i o n S P -20 2 1 -02 ) FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Ap r i l 1 7 , 2 0 2 4 To w e r 1 To w e r 2 To w e r 4 To w e r 3 Glenanna Road Fu t u r e P u b l i c R o a d Req u i r e d Ac t i v e A t Gr a d e Fr o n t a g e s -53- Ex h i b i t 4 Su b m i t t e d B u i l d i n g C r o s s S e c t i o n (e xa m p l e o f b a l c o n i e s p r o j e c t i n g b e y o n d th e ma i n w a l l – To w e r 3, E a s t W a l l ) Fi l e N o : MV 2 4 / 2 4 Ap p l i c a n t : PT C O w n e r s h i p I n c . Mu n i c i p a l A d d r e s s : 13 5 5 K i n g s t o n R o a d (B l o c k s 1 a n d 3 w i t h i n D r a f t A p p r o v e d P l a n o f Su b d i v i s i o n S P -20 2 1 -02 ) FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Ap r i l 1 7 , 2 0 2 4 Gl e n a n n a Ro a d Gl e n a n n a Ro a d 5.0 metres 5.0 metres to p e r m i t b a l c o n i e s to p r o j e c t b e y o n d t h e ma i n w a l l n o l e s s th a n 5 . 0 m e t r e s i n he i g h t a b o v e g r a d e al o n g a n y s t r e e t l i n e wi t h r e q u i r e d A c t i v e At G r a d e F r o n t a g e s -54- Report to Committee of Adjustment Application Number: LD 047/2022 Date: May 8, 2024 From: Cody Morrison Principal Planner, Development Review Subject: (Tabled at the May 9, 2022 Region of Durham Land Division Committee) Committee of Adjustment Application LD 047/2022 A. & W. Choudhury 681 Pleasant Street Application The purpose of the application is to sever a 505.11 square metre parcel of land (Part 2), retaining a 505.21 square metre parcel of land (Part 1). The effect of the application is to create one additional residential lot, any existing buildings and structures on the subject lands are proposed to be removed. Recommendation Staff have reviewed Land Division Application LD 047/2022, with respect to Section 51(24) of the Planning Act criteria and recommend the application be Tabled, for a period not exceeding two years, until such time that the applicant obtains approval of minor variances to permit the reduced lot frontage of the proposed retained and severed parcels and provides a Heritage Impact Assessment to the satisfaction of City. Background Land Division Application LD 047/2022 was initially heard by the Regional Land Division Committee on May 9, 2022. The application was tabled by the Committee for up to two years from the initial hearing date, at the request of the City of Pickering, in order for the applicant to submit applications for minor variance. An application for minor variance is required as the proposed lot frontage of the retained and severed parcels do not comply with the minimum lot frontage requirement of the zoning by-law. Given two years has now passed, the application is required to be lifted from the table and heard at the May 8, 2024 Committee of Adjustment Hearing. -55- Report LD 047/2022 May 8, 2024 Page 2 Comments Official Plan The subject lands are designated “Urban Residential Areas – Low Density” in the City of Pickering Official Plan. The subject lands are located within an Established Neighbourhood Precinct within the Bay Ridges Neighbourhood, and subject to the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts. The Urban Design Guidelines are intended to assist in reinforcing the sense of character of the proposed Established Neighbourhood Precinct by addressing compatibility of new homes with adjacent, existing houses, as well as the streetscape. The Urban Design Guidelines specifically relate to the elements of built form, streetscape and neighbourhood composition. Zoning By-law The subject lands are zoned R4 – Fourth Density Zone, under Zoning By-law 2511, as amended by By-laws 7872/21 and 7900/22: Lots Zone Required Lot Area (m2) Proposed Lot Area (m2) Required Lot Frontage (m) Proposed Lot Frontage (m) Retained Parcel (Part 1) R4 460.0 505.21 15.0 10.06 Severed Parcel (Part 2) R4 460.0 505.11 15.0 10.06 The proposed lot frontages for both the severed and retained lots do not comply with the minimum lot frontage requirements of Zoning By-law 2511. Comments In previous comments to the Region of Durham Land Division Committee, dated April 26, 2022, City staff outlined that that proposed lots are not in keeping with the established lotting pattern along Pleasant Street. Staff outlined concerns regarding the significant reduction in lot frontage proposed for the severed and retained parcels and the ability to appropriately site a dwelling on the proposed parcels that comply with the minimum yard requirements in the By-law. As such, staff recommended that the applicant submit minor variance applications to the City of Pickering to permit the reduced lot frontage prior to proceeding with Land Division Application LD 047/2022, which demonstrate appropriately sized dwellings can be sited on the severed and retained parcels. -56- Report LD 047/2022 May 8, 2024 Page 3 Applications for Minor Variance for the retained and parcels have not been submitted at this time. Since the application was initially heard, comments were provided by the City’s Heritage Planner outlining that the subject lands are identified on the City’s Inventory of Heritage Properties in the City of Pickering (Unterman McPhail Associates, 2002). The Inventory, which identifies potential built heritage resources and cultural heritage landscapes, outlines that the existing dwelling is an example of a vernacular farmhouse with Gothic Revival influences and is one of the few historic buildings remaining from the settlement of the Village of Fairport. Section 8.8(c) of the City’s Official Plan outlines that City Council, in consultation with its Heritage Committee, shall discourage or prevent the demolition or inappropriate alteration of a heritage resource. In order to support the proposed land division application, which includes demolishing the existing dwelling, a Heritage Impact Assessment (HIA) is required. The HIA is required to determine if any cultural heritage resources will be adversely impacted by a specific proposed development or site alteration. The HIA should provide details that communicate the site issues and inform the recommended conservation approach for the property. Staff request that the application be tabled until such time that the applicant obtains approval of minor variances to permit the reduced lot frontage of the retained and severed parcel and that the applicant provides a Heritage Impact Assessment, to the satisfaction of the City. Date of report: May 2, 2024 Comments prepared by: Planner I Principal Planner, Development Review KY:jc J:\Documents\Development\D-3500 Consents, Severances (LD Applications)\2022\LD047-2022 A. & W. Choudhury\8. May 8 2024\8. Report\Report LD 047-2022-New.doc Attachments Original Signed By Original Signed By Kerry Yelk Cody Morrison -57- Liv e r p o o l R o a d Gull Cro ssing Browning Avenue Ilona Park Road Annland Street F r o n t R o a d Foxglove Avenue Commerce Street Pl e a s a n t S t r e e t Wharf Street Broadview Street ProgressFrenchman'sBay East Park AlderwoodPark Frenchman'sBay Rate PayersMemorial Park Location MapFile:Applicant:Municipal Address: LD 047/2022 Date: Apr. 22, 2024 Exhibit 1 ¯ E A. & W. Choudhury 681 Pleasant Street SubjectLands L:\PLANNING\01-MapFiles\LD\2022\LD 047-2022 A. & W. Choudhury\LD 047-2022_LocationMap.mxd 1:3,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -58- Ex h i b i t 2 Su b m i t t e d P l a n Fi l e N o : LD 04 7 / 2 2 Ap p l i c a n t : A. & W . C h o u d h u r y Mu n i c i p a l A d d r e s s : 68 1 P l e a s a n t S t r e e t CO N T A C T T H E C I T Y O F PI C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T F O R D I G I T A L C O P I E S O F T H I S P L A N . Da t e : Ap r i l 20 , 2 0 2 4 Se v e r e d Pa r c e l 50 5 . 1 1 m2 Re t a i n e d Pa r c e l 50 5 . 2 1 m2 -59- Report to Committee of Adjustment Application Numbers: LD 01/24, MV 19/24 & MV 25/24 Date: April 10, 2024 From: Cody Morrison Principal Planner, Development Review Subject: Committee of Adjustment Applications LD 01/24, MV 19/24 and MV 25/24 A. Turner & L. Warwick 851 Oklahoma Drive Applications Land Division Application LD 01/24 is proposing to sever a 542.14 square metre parcel of land (Part 1), retaining a 558.53 square metre parcel of land (Part 2). The existing dwelling is proposed to be retained on the retained parcel (refer to Exhibit 2). Part 3 and Part 4 will be conveyed to the City for public ownership. Part 3 represents a 5.0 metre corner rounding to be established as a public highway and Part 4 represents a 0.3 metre reserve. The purpose of the reserve is to restrict access to Oklahoma Drive. Requested Variances MV 19/24 – (Retained Parcel – Part 2) The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, 7873/22 and 7900/22, as it relates to retaining the existing dwelling on the retained lot, to permit: • a minimum rear yard setback of 2.0 metres, whereas the By-law requires a minimum rear yard setback of 7.5 metres; • a maximum front yard setback of 11.2 metres, whereas the By-law permits a maximum front yard setback of 9.94 metres; • a maximum dwelling depth of 25.7 metres, whereas the By-law permits a maximum dwelling depth of 17.0 metres for lots with depths up to and including 40.0 metres; • a maximum lot coverage of 49.3 percent, whereas the By-law permits a maximum lot coverage of 33 percent; and • an uncovered platform (deck) to project a maximum of 4.0 metres into the front yard, a maximum of 2.0 into the rear yard, and a maximum of 1.5 metes into the south side yard, whereas the By-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into any required front yard, not more than 1.0 metre into any required side yard. -60- Report LD 01/24, MV19/24 & MV 25/24 May 8, 2024 Page 2 MV 25/24 – (Severed Parcel – Part 1) The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, 7873/22 and 7900/22, as it relates to the severed lot, to permit a minimum lot frontage of 14.94 metres, whereas the By-law requires a minimum lot frontage of 15.0 metres. Recommendation 1. Staff have reviewed Consent Application LD 01/24, with respect to Section 51(24) of the Planning Act criteria and recommend Approval, subject to the conditions outlined within Appendices I, II and III. 2. Staff have reviewed Minor Variance Application MV 19/24 with respect to Section 45(1) of the Planning Act and considers the requested variances to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval, subject to the following conditions: i. That these variances apply only to the retained dwelling, as generally sited and outlined on the applicant’s submitted plan (refer to Exhibit 3). ii. Should the retained dwelling be demolished, this decision shall become null and void. 3. Staff have reviewed Minor Variance Application MV 25/24 with respect to Section 45(1) of the Planning Act and considers the requested variance to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval, subject to the following condition: i. That these variances apply only to the severed lot (Part 1), as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 4). Comments Consent Application – LD 01/24 Official Plan The subject property is designated “Urban Residential Area – Low Density Areas” under the Pickering Official Plan, which permits residential uses at a density of up to 30 units per net hectare. -61- Report LD 01/24, MV19/24 & MV 25/24 May 8, 2024 Page 3 The subject property is located within the Westshore Established Neighbourhood Precinct and is subject to the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts. The Urban Design Guidelines are intended to assist in reinforcing the sense of character of the proposed Established Neighbourhood Precinct by addressing compatibility of new homes with adjacent, existing houses, as well as the streetscape. The proposed severance will facilitate a residential density of approximately 18.2 units per net hectare, which falls within the permitted density range of the “Low Density” designation. The future dwelling on the severed parcel will be subject to Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts. Zoning By-law The subject property is zoned “Detached Dwelling, Fourth Density Zone - R4” under Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, 7873/21 and 7900/22: Lots Zone Required Lot Area (m2) Proposed Lot Area (m2) Required Lot Frontage (m) Proposed Lot Frontage (m) Retained Parcel (Part 2) R4 460.0 558.53 15.0 15.22 Severed Parcel (Part 1) R4 460.0 542.14 15.0 14.94 The retained parcel complies with the minimum lot frontage and minimum lot area requirements of the Zoning By-law. The severed parcel complies with the minimum lot area requirements of the By-law, however, due to the conveyance of Part 3 (5.0 metre corner rounding) and Part 4 (0.3 metre reserve) to public ownership, the lot frontage does not comply with the By-law. In order to facilitate the proposed severance, the applicant requests approval of Minor Variance Applications MV 19/24 and MV 25/24 to permit the existing dwelling on the retained lot and to permit the reduced frontage on the severed lot. Minor Variance Applications – MV 19/24 and MV 25/24 Minimum Lot Frontage (MV 25/24 – Severed Parcel) The applicant requests a minimum lot frontage of 14.94 metres, whereas the By-law requires a minimum frontage of 15.0 metres. The reduced frontage is a result of the conveyance of the 5.0 metre corner rounding and a 0.3 metre reserve along Oklahoma Drive. -62- Report LD 01/24, MV19/24 & MV 25/24 May 8, 2024 Page 4 The intent of requiring a minimum lot frontage of 15.0 metres is to ensure a usable lot size that is compatible with the neighbourhood. The severed lot has a lot area of 542.14 square metres and a reduced lot frontage of 14.94 metres. The requested variance represents a 0.06 of a metre reduction in required the lot frontage, which is considered minor in nature. The proposed lot maintains the minimum lot area requirements of the zoning by-law and is consistent with the lotting pattern established along Oklahoma Drive. The requested variance will not have a material impact on the ability to site a future dwelling on the subject lands. Minimum Front and Rear Yard Setback (MV 19/24 – Retained Parcel) The applicant has proposed to retain the existing dwelling on the retained parcel. Currently, this dwelling is oriented northerly, facing Oklahoma Drive. Due to the proposed land division, the retained lot will now front onto Hillview Crescent. As a result, the minimum yard requirements will be calculated from the new front, rear and side rear lot lines. The previous flankage yard along Hillview Crescent will be considered the new front yard and the previous east interior side yard will be considered the new rear yard. Due to the reorientation of the lot, the applicant is requesting a maximum front yard setback of 11.2 metres and a minimum rear yard setback of 2.0 metres, whereas the By-law permits a maximum front yard setback of 9.94 metres and requires a minimum rear yard setback of 7.5 metres. The intent of the maximum front yard requirement is to ensure adjacent dwellings maintain a similar setback in order to provide for a consistent streetscape. The requested maximum front yard setback represents a 1.28 metre increase from the requirements of the by-law and will not negatively impact the established streetscape along Hillview Cresent, given its location adjacent to the intersection. The minimum rear yard setback requirement is intended to ensure adequate space is provided for soft landscaping and amenity space. While the rear yard setback is proposed to be reduced, the existing dwelling will maintain a minimum setback of 5.7 metres from the north property line for the entire length of the lot. The robust interior side yard setback will provide sufficient space for amenity on the lot. Staff are of the opinion that the general purpose and intent of the By-law can be maintained. Maximum Dwelling Depth (MV 19/24 – Retained Parcel) As a result of the reorientation of the lot, the former width of the dwelling is now considered the depth of the dwelling under the zoning by-law. Dwelling depth is measured from the minimum front yard setback to the furthest rear wall. The intent of this provision is to ensure that infill housing would have consistent rear wall placements as the existing adjacent dwellings in order to mitigate privacy and overshadowing issues. -63- Report LD 01/24, MV19/24 & MV 25/24 May 8, 2024 Page 5 The dwelling has existed since the 1960’s and is a single storey in height. The variance is required as a result of the reorientation of the lot and is not expected to generate any privacy or overshadowing impacts to the surrounding properties to the south or east. Staff is satisfied that the general purpose and intent of the By-law will be maintained. However, it should be noted that the requested dwelling depth variance would not be appropriate for future infill housing on the retained lot. Maximum Lot Coverage (MV 19/24 – Retained Parcel) The applicant requests a maximum lot coverage of 49.3 percent, whereas the By-law permits a maximum lot coverage of 33 percent. The intent of this provision is to regulate the size and scale of the buildings and to ensure an adequate amount of space is left uncovered for outdoor amenities. As outlined previously, the existing dwelling is a single storey in height and is considered modest in scale. The existing dwelling has a lot coverage of approximately 30 percent, however the existing decks within the front and rear yards result in an additional coverage of 19.3 percent. Despite contributing to the total lot coverage, the existing decks do not adversely increase the overall mass or scale of the dwelling. The decks will assist in continuing to provide adequate amenity space on the subject lands. As such, staff is of the opinion that the requested variance will maintain the general purpose and intent of the By-law. Yard Encroachments (MV 19/24 – Retained Parcel) The applicant requests variances to permit the existing deck, which projects 4.0 metres into the front yard, 2.0 metres into the rear yard, and 1.5 metres into the south side yard, whereas the By-law permits a maximum projection of 1.5 metres into the required front and 1.0 metre into the required side yard. The intent of this provision is to ensure an adequate amount of private amenity space is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting properties and minimize visual impacts of structures, and allow appropriate access for maintenance, lot grading and drainage. The existing deck appears to be relatively low in height and is uncovered. The existing deck provides usable amenity space within the front of the property and is partially enclosed in order to minimize privacy impacts on the adjacent property to the south. The portion of the deck along the east and south side of the dwelling does not exceed 2.0 metres in width and acts as a walkway between the new rear yard and new front yard. This portion of the deck is low to the ground and is not expected to result in a negative visual or privacy impact on abutting properties. Staff is satisfied that the request variance maintains the general intent and purpose of the By-law. -64- Report LD 01/24, MV19/24 & MV 25/24 May 8, 2024 Page 6 Desirable for the Appropriate Development of the Land and Minor in Nature The requested variances will facilitate the severance of the subject property and retention of an existing single storey dwelling. Staff have no objection to the approval of Consent Application LD 01/24, or the associated Minor Variance Applications MV 19/24 and MV 25/24, as the proposed lots are consistent with the existing lotting pattern along Hillview Cresent and maintain the character of the neighbourhood. The existing dwelling is considered modest in nature and the associated variances to retain the dwelling are not expected to generate negative impact to the adjacent properties. Any infill housing proposed on the two lots in the future will be required to comply with the provisions of the Infill By-law. Staff are of the opinion that the requested variances are desirable for the appropriate development of the land and are minor in nature. Input From Other Sources Applicant •The applicant has submitted a rationale. Please contact the City DevelopmentDepartment to receive a copy of thisinformation at citydev@pickering.ca. Building Services •No concerns from Building Services. •A Building Permit is required priorconstruction. Fire Services •No comments on the land division application. Engineering Services •For MV 19/24 & MV 25/24, we have nocomments on the applications. •Refer to the Engineering Services memodated April 3, 2024, attached hereto asAppendix II, for conditions of approval forLD 01/24. Region of Durham Planning and Works Departments •Refer to the letters dated April 3, 2024,attached hereto as Appendix III, for theconditions of approvals for LD 01/24. Public Input •As of the date of writing this report, no written submission was received from thepublic. -65- Report LD 01/24, MV19/24 & MV 25/24 May 8, 2024 Page 7 Date of report: May 2, 2024 Comments prepared by: ZC:jc J:\Documents\Development\D-3500 Consents, Severances (LD Applications)\2024\LD 01-24, MV 19-24 & MV 25-24\8. Report\May 8, 2024\LD01-24 Report.doc Attachments Original Signed By Original Signed By Ziya Cao Cody Morrison Planner I Principal Planner, Development Review -66- Appendix I May 8, 2024 Recommended Conditions of Approval for Consent LD 01/24 The City Development Department has reviewed the above application and provides the following conditions, to be fulfilled by the applicant/owner: 1. Submit one copy of a Draft Reference Plan to the satisfaction of the City of Pickering, prior to depositing the plan with the Land Registry Office, that confirms the dimensions of the proposed retained and severed parcels, and that a survey be submitted showing the location of any buildings and structures located thereon. 2. Submit one copy of a Deposited Reference Plan, to the satisfaction of the City of Pickering, upon completion of Condition 1 above. 3. Ensure that any zoning non-compliances identified through Condition 1 above, resulting from the proposed severance, be brought into compliance. 4. Ensure that any existing structure(s) on severed parcel or that straddle both the retained and severed parcels are removed and that all inspections have been completed. 5. Provide a certified cheque, made payable to the City of Pickering for cash-in lieu of parkland for each newly created lots. The parkland fee shall be in accordance with the City’s General Municipal Fees By-law in effect at the date of such payment (the current amount is $7,635.00 per each newly created lot). 6. Coordinate with the City of Pickering, City Development Department to assign an appropriate municipal address for the retained and severed parcels. 7. Provide an acknowledgement that Section 50(3) or 50(5) of the Planning Act shall apply to any subsequent conveyance. Upon fulfillment of these conditions the applicant must submit a cheque payable to the City of Pickering in the amount of $1,110.00 for the stamping of the deed package, to be prepared and submitted by a lawyer. -67- Memo To: Ziya Cao April 3, 2024 Planner I From: Paal Helgesen Division Head, Water Resources & Development Services Copy: Manager, Zoning & Administration Project Manager, Development Approvals Technician, Development Approvals Subject: Land Division Application LD 01/2024 -A. Turner -851 Oklahoma Drive File: D-4400 Water Resources & Development Services has reviewed the above application and provide the following conditions: 1.We have reviewed the draft reference (40R) plan and find it to be acceptable. The plan can be deposited at the Land Registry Office (LRO). 2.A 5.0m corner rounding at the Oklahoma Drive/Hillview Crescent intersection, indicated as Part 3 on the draft reference plan, is to be conveyed to the City of Pickering and established as public highway. 3.A 0.30m reserve, indicated as Part 4 on the draft reference plan, is to be conveyed to the City of Pickering. 4.The applicant will be required to provide an Engineering Review Fee of $1,700.00 for the two proposed lot(s), and a fee of $2,265.00 for the clearance of Water Resources & Development Services conditions. A cheque, payable to the City of Pickering, in the amount of $3,965.00 will be required. 5.As a condition of severance, the applicant must pay to the City $141.10 ($2,475.00/hectare) for their Stormwater Maintenance Fee. 6.A preliminary grading and drainage plan will be required as a condition of severance. It must contain sufficient information regarding existing and proposed grades such that it can be adequately determined that development of this property will not adversely affect adjacent properties. The plan must illustrate Low Impact Development Stormwater Management Measures for the proposed lots, including, but not limited to, amended topsoil, permeable pavers on the driveway, infiltration galleries, and rain gardens. The plan should indicate existing vegetation/trees within and adjacent to the property that may be affected. Appendix II -68- April 3, 2024 Page 2 of 2 Land Division Application LD 01/2024 The plan should indicate the proposed driveway locations and existing utilities within the boulevard. Relocation of utilities will be the applicant’s responsibility. 7. The City requires a stormwater management brief to be submitted for review. The brief shall address the following design criteria: • The 5-year post-development flow from the proposed development shall not exceed the 5-year pre-development flow. The runoff in excess of the pre-development flow must be retained on the site through the implementation of Low Impact Development (LID) measures, such as soakaway pits/infiltration trenches. All LID measures must be designed in accordance with the Low Impact Development Stormwater Management Planning and Design Guide (CVC, TRCA, 2010). Sizing calculations and design information for all proposed LIDs must be provided in a Stormwater Management Brief signed and sealed by a Professional. Locations and details of the proposed measures must be shown on the Site Servicing/Grading Plan. • All proposed LID measures must be located solely on private property and must be owned and maintained by the property owner. All necessary information regarding the function and maintenance of LID must be included in the purchase agreements. Section 119 Restrictive Covenant is to be registered on title prohibiting the alteration or removal of the LID measures. • A minimum of 450mm depth of amended soils should be specified for all grassed areas such as back yards, front yards, and side yards. Add appropriate notes to the Site and Grading Plan. • Foundation/sump pump discharge into the existing storm sewer is not permitted. 8. A Tree Inventory and Protection/Removal Plan, prepared by a qualified Arborist or an Environmental Consultant is required. This information should address matters such as existing tree species, diameter, health, protection/removal strategies, and a proposed replanting plan. Compensation for loss of tree canopy will be required and is over and above any required boulevard tree as per the Boulevard Tree Planting Program. 9. One boulevard tree will be required for the new dwelling. If there is insufficient space, cash- in-lieu as per the current Development Services User Fee Schedule will be required. PH:lj -69- If you require this information in an accessible format, please contact Planning Reception or call 1-800- 372-1102 extension 2548. The Regional Municipality of Durham Planning and Economic Development Department 605 Rossland Rd. E. Level 4 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Email: planning@durham.ca durham.ca Brian Bridgeman, MCIP, RPP, PLE Commissioner of Planning and Economic Development April 3, 2024 Secretary/Treasurer Committee of Adjustment City Development Department City of Pickering One The Esplanade Pickering ON L1V 6K7 Re: Application for Consent LD 01/24 Durham Ref.: LD 024-2024 Applicants: Alan Turner & Leslie Warwick Location: 851 Oklahoma Drive Municipality: City of Pickering Hearing Date: April 10, 2024 RECOMMENDATION: That application LD 01/24 be approved, subject to the following conditions: i). That the applicants demonstrate to the satisfaction of the Region of Durham, that all the requirements listed in the attached letter from the Region of Durham Works Department, dated April 3, 2024, be satisfied. 1.PURPOSE The purpose of this application is to permit the severance of a 570.1 square metre residential parcel of land while retaining a 561.7 square metre residential parcel of land. There is a single detached residential dwelling on the property, which will remain on the retained parcel. 2.PLANNING ANALYSIS Conformity to the Regional Official Plan (ROP) The subject site is designated as “Living Areas” in the ROP. This designation is intended to accommodate a wide variety of housing types and densities. Residential infill development is permitted, including supporting opportunities to increase the supply of housing and utilization of land and resources. Appendix III -70- LD024/2024 -2- This application conforms with the policies of the ROP by meeting housing objectives and by capitalizing on existing infrastructure. 3. PROVINCIAL PLANS AND POLICIES Provincial Policy Statement and The Growth Plan The PPS supports the optimization of land and resources by promoting opportunities for intensification and redevelopment. The subject site is located within a settlement area, which promotes infill development and where existing infrastructure and public service facilities will be utilized. The proposed severance is consistent with the PPS. The Growth Plan requires that a minimum 50 percent of all residential development occurring annually in the Region be within the “Built-Up Area”. The Growth Plan also requires all intensification areas to support vibrant neighbourhoods by providing a diverse and compatible mix of land uses, including residential and employment uses and convenient access to local stores, service, and public service facilities. The proposal will help contribute to the achievement of more compact complete communities and will help meet the intensification targets of the Region and the Municipality. The proposed severance conforms to the intent of the Growth Plan. 4. PROVINCIAL PLAN REVIEW RESPONSIBILITIES We have reviewed this application for delegated Provincial Plan review responsibilities. Soil and Groundwater Assessment Protocol The proponent and a Qualified Person have completed and signed the Region’s Site-Screening Questionnaire (SSQ), answering ‘no’ to the questions within it. As such, all matters related to potential site contamination on the subject site have been addressed. -71- LD024/2024 -3- 5. AGENCY COMMENTS Regional Works Department A new 19mm water service and a 100mm sanitary service will need to be installed to service the severed lot. As a condition of approval for this application, the applicants will be required to pay the Regional connection fees for the new water and sanitary services. The applicants may also require the installation of storm sewer connections as a condition of approval. The Region of Durham requests the following condition: “That the applicants satisfy all the requirements of the Regional Municipality of Durham concerning the provision of Regional services, financial and otherwise.” 6. CONCLUSION The application conforms with the policies of the Regional Official Plan and the Growth Plan and is consistent with the Provincial Policy Statement. As such, the Regional Planning Division recommends approval of this application, subject to the applicant fulfilling the conditions contained in this letter. Yours truly, Richard Szarek Richard Szarek Acting Principal Planner Planning Division Attachments: 1. Regional Works Letter dated April 3, 2024 -72- The Regional Municipality of Durham Works Department 605 Rossland Rd. E. PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-2051 E-mail: works@durham.ca www.durham.ca John Presta, P.Eng. Commissioner of Works April 3, 2024 Land Division Committee Regional Municipality of Durham 605 Rossland Road East, 4th Floor P.O. Box 623 Whitby, ON L1N 6A3 Sent via Planit Attention: Lino Trombino, Secretary Treasurer Re: LD 024/2024 (LD 02-24) Alan Turner & Leslie Warwick Agent: Bob Martindale 851 Oklahoma Drive Part Block G, Plan 272 City of Pickering Please be advised that our department has no objection to the granting of approval for the above noted severance application. The application is for the consent to sever a residential lot, retaining a residential lot with an existing dwelling to remain. According to our records, 851 Oklahoma Drive is currently serviced by one 16mm water service and one 100mm sanitary service. A new 19mm water service and 100mm sanitary service will need to be installed to service the severed lot. As a condition of approval for this application, the applicant will be required to pay the Regional connection fees for the new water and sanitary services. The applicant may also require the installation of storm sewer connections as a condition of approval from the City of Oshawa. The Region of Durham can include the installation of the storm connections on behalf of the City of Pickering with the installation of the Regional services. If the Region is installing a new 150mm diameter storm sewer connection, we will require a deposit of $15,000.00. In order to ensure the foregoing, our department requires our following standard condition to be imposed: “That the applicant satisfies all the requirements of the Regional Municipality of Durham concerning the provision of Regional services, financial and otherwise.” -73- LD 024/2024 (LD 02-24) 851 Oklahoma Drive City of Pickering Page 2 of 2 ______________________________________________________________________________________________________ In order to satisfy the Regional Works Department conditions, the applicant will be required to fulfill the following: 1. Payment for 1 sanitary service connections at $3,885.00 per connection (flat rate): = $3,885.00 2. Payment for 1 water service connections at $4,035.00 per connection (flat rate): = $4,035.00 The total amount owing at the current rate is $7,920.00. Payment shall be made by certified cheque. The above fees are subject to revision on January 1, 2025. Regional connection permits will be issued to the applicant once the above payment is remitted to our department. The severed land will be subject to Regional development charges at the time of building permit issuance. The Region of Durham will not permit the connection of weeping tiles to the sanitary sewer system for the severed lands in accordance with the Region’s Foundation Drain Policy. In the event you have any questions, please contact the undersigned. Yours truly, If this information is required in an accessible format, please contact 1-800-372-1102 ext. 3753. Grant Young C.E.T. Development Approvals Technician grant.young@durham.ca 905 668 7711 extension 2479 -74- P a r k C r e s c e n t Hi l l c r e s t R o a d Vicki Drive Sandcastle Court Oklahoma Drive Sanok Drive Gr e y c o a t L a n e Stonebridge Lane Ma r k s b u r y R o a d Vic t o r y D r i v e Hill vi e w Crescent Lookout Point Park Location MapFile:Applicant:Municipal Address: LD 01/24, MV 19/24 & MV 25/24 Date: Mar. 12, 2024 Exhibit 1 ¯ E A. Turner & L. Warwick 851 Oklahoma Drive SubjectLands L:\PLANNING\01-MapFiles\MV\2024\MV 19-24\MV19-24_LocationMap.mxd 1:2,500 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -75- E x h i b i t 2   Su b m i t t e d D r a f t R - P l a n Fi l e N o : L D 0 1 / 2 4 , M V 1 9 / 2 4 & M V 2 5 / 2 4 Ap p l i c a n t : A . T u r n e r & L . W a r w i c k Mu n i c i p a l A d d r e s s : 8 5 1 O k l a h o m a D r i v e Co n t a c t T h e C i t y o f P i c k e r i n g C i ty D e v e l o p m e n t D e p a r t m e n t f o r D i g i t a l C o p i e s o f t h i s P l a n . Da t e : Ap r i l 1 9 , 2 0 2 4 Se v e r e d P a r c e l 54 2 . 1 4 m 2 Re t a i n e d P a r c e l 55 8 . 5 3 m 2 -76- Ex h i b i t 3   Su b m i t t e d D r a f t R - P l a n Fi l e N o : M V 1 9 / 2 4 Ap p l i c a n t : A . T u r n e r & L . W a r w i c k Mu n i c i p a l A d d r e s s : 8 5 1 O k l a h o m a D r i v e Co n t a c t T h e C i t y o f P i c k e r i n g C i ty D e v e l o p m e n t D e p a r t m e n t f o r D i g i t a l C o p i e s o f t h i s P l a n . Da t e : Ap r i l 1 9 , 2 0 2 4 Ok l a h o m a D r i v e Hillview Crescent to p e r m i t a m a x i m u m fr o n t y a r d s e t b a c k o f 11 . 2 m e t r e s to p e r m i t a m i n i m u m re a r y a r d s e t b a c k o f 2. 0 m e t r e s to p e r m i t a m a x i m u m dw e l l i n g d e p t h o f 25 . 7 m e t r e s to p e r m i t a m a x i m u m lo t c o v e r a g e o f 49 . 3 p e r c e n t to p e r m i t a n u n c o v e r e d p l a t f o r m ( d e c k ) t o p r o j e c t a m a x i m u m o f 4 . 0 m e t r e s i n t o t h e f r o n t y a r d , a ma x i m u m o f 2 . 0 m e t r e s i n t o t h e r e a r y a r d , a n d a ma x i m u m o f 1 . 5 m e t r e s i n t o t h e s i d e y a r d -77- Ex h i b i t 4   Su b m i t t e d D r a f t R - P l a n Fi l e N o : M V 2 5 / 2 4 Ap p l i c a n t : A . T u r n e r & L . W a r w i c k Mu n i c i p a l A d d r e s s : 8 5 1 O k l a h o m a D r i v e Co n t a c t T h e C i t y o f P i c k e r i n g C i ty D e v e l o p m e n t D e p a r t m e n t f o r D i g i t a l C o p i e s o f t h i s P l a n . Da t e : Ap r i l 1 9 , 2 0 2 4 Ok l a h o m a D r i v e Hillview Crescent 14.94m to p e r m i t a m i n i m u m lo t f r o n t a g e o f 14 . 9 4 m e t r e s -78- Report to Committee of Adjustment Application Number: LD 05/24 Date: May 8, 2024 From: Cody Morrison Principal Planner, Development Review Subject: Committee of Adjustment Application LD 05/24 J. Brancato 518 Rosebank Road Application The purpose of the application is to permit the severance of a 847.2 square metre parcel of land (Part 1), retaining a 2,864.0 square metre parcel of land (Part 2). The existing dwelling is proposed to be retained on the retained parcel (refer to Exhibit 2). The effect of the application is to create one new lot fronting Rosebank Road and retain a residential lot with an existing detached dwelling. Any existing buildings and structures on the severed lands are proposed to be removed. Recommendation Staff have reviewed Land Division Application LD 05/24, with respect to Section 51(24) of the Planning Act criteria and recommend Approval subject to the conditions outlined within Appendix I and Appendix II. Comments Official Plan The subject lands are designated “Urban Residential Areas – Low Density”, which permits residential uses at a density of up to and including 30 units per net hectare. The subject lands are located within an Established Neighbourhood Precinct of the Rosebank Neighbourhood and are subject to the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts. The Urban Design Guidelines are intended to assist in reinforcing the sense of character of the proposed Established Neighbourhood Precinct by addressing compatibility of new homes with adjacent, existing houses, as well as the streetscape. The proposed severance will facilitate a residential density of approximately 5.4 units per net hectare which falls within the permitted density range of the “Low Density” designation. -79- Report LD 05/24 May 8, 2024 Page 2 The subject property is situated within Design Precinct No. 2 of the Council adopted Rosebank Neighbourhood Development Guidelines. The minimum lot frontage for new lots for detached dwellings created within this Precinct is approximately 15.0 metres and the minimum lot depth shall range between 30 & 36 metres. The proposed severed and retained parcels will maintain a minimum lot frontage of 15.24 metres and a minimum lot depth of 55.4 metres. The severed and retained parcels will maintain the minimum lot frontage and minimum lot depth requirements of the Rosebank Neighbourhood Development Guidelines. The proposed severance will facilitate a new residential lot that is consistent with the lotting pattern established along Rosebank Road and is of a sufficient size to accommodate a new detached dwelling. Zoning By-law The subject lands are zoned R4 – Detached Residential, Fourth Density, under Zoning By-law 2511, as amended by Zoning By-laws 7872/21 and 7900/22: Lots Zone Required Lot Area (m2) Proposed Lot Area (m2) Required Lot Frontage (m) Proposed Lot Frontage (m) Retained Parcel (Part 2) R4 460.0 2,864.0 15.0 15.24 Severed Parcel (Part 1) R4 460.0 847.2 15.0 15.24 The proposed lots comply with the minimum lot frontage and lot area requirements of the Zoning By-law. Staff are satisfied that the proposed severance is appropriate. Input From Other Sources Building Services • No comments on the application. Fire Services • No comments on the application. Engineering Services • Conditions for approval are attached (refer to Appendix II). Region of Durham • At the time of writing this report, the Region of Durham has not provided comments and/or conditions. These will be forwarded to the applicant and Committee as they become available. -80- Report LD 05/24 May 8, 2024 Page 3 Date of report: May 2, 2024 Comments prepared by: Original Signed By Original Signed By Kerry Yelk Cody Morrison Planner I Principal Planner, Development Review KY:jc J:\Documents\Development\D-3500 Consents, Severances (LD Applications)\2024\LD 05-24\8. Report\Report LD 05-24.doc Attachments -81- Appendix I May 8, 2024 Recommended Conditions of Approval for Consent LD 05/24 The City Development Department has reviewed the above application and provides the following conditions, to be fulfilled by the applicant/owner: 1. Submit one copy of a Draft Reference Plan to the satisfaction of the City of Pickering, prior to depositing the plan with the Land Registry Office, that confirms the dimensions of the proposed retained and severed parcels, and that a survey be submitted showing the location of any buildings and structures located thereon. 2. Submit one copy of a Deposited Reference Plan to the satisfaction of the City of Pickering, upon completion of Condition 1 above. 3. Ensure that any zoning non-compliances identified through Condition 1 above, resulting from the proposed severance, be brought into compliance. 4. Obtain a demolition permit to ensure that any existing structure(s) on severed parcel are removed and that all inspections have been completed; 5. Provide a certified cheque, made payable to the City of Pickering for cash-in lieu of parkland for each newly created lots. The parkland fee shall be in accordance with the City’s General Municipal Fees By-law in effect at the date of such payment (the current amount is $7,635.00 per each newly created lot). 6. Coordinate with the City of Pickering, City Development Department to assign an appropriate municipal address for the retained and severed parcels. 7. The owner shall provide an acknowledgement that an application for draft plan of subdivision shall be required for any subsequent proposal for lot creation on the retained parcel. 8. Provide an acknowledgement that Section 50(3) or 50(5) of the Planning Act shall apply to any subsequent conveyance. Upon fulfillment of these conditions the applicant must submit a cheque payable to the City of Pickering in the amount of $1,110.00 for the stamping of the deed package, to be prepared and submitted by a lawyer. -82- Appendix II Memo To: Kerry Yelk April 25, 2024 Planner I From: Paal Helgesen Division Head, Water Resources & Development Services Copy: Manager, Zoning & Administration Project Manager, Development Approvals Coordinator, Development Approvals (JL) Subject: Land Division Application LD 05/2024 -J.Brancato -518 Rosebank Road File: D-4400 Water Resources & Development Services has reviewed the above application and provide the following conditions: 1.A draft 40R Plan will be required. 2.The applicant will be required to provide an Engineering Review Fee of $1,700.00 for the two proposed lots, and a fee of $2,265.00 for the clearance of Water Resources & Development Services conditions. A cheque, payable to the City of Pickering, in the amount of $3,965.00 will be required. 3.As a condition of severance, the applicant must pay to the City $209.68 ($2,475.00/hectare) for their Stormwater Maintenance Fee. 4.A preliminary grading and drainage plan will be required as a condition of severance. It must contain sufficient information regarding existing and proposed grades such that it can be adequately determined that development of this property will not adversely affect adjacent properties. The plan must illustrate Low Impact Development Stormwater Management Measures for the proposed lots, including, but not limited to, amended topsoil, permeable pavers on the driveway, infiltration galleries, and rain gardens. The plan should indicate existing vegetation/trees within and adjacent to the property that may be affected. The plan should indicate the proposed driveway locations and existing utilities within the boulevard. Relocation of utilities will be the applicant’s responsibility. 5.The City requires a stormwater management brief to be submitted for review. The brief shall address the following design criteria: •The 5-year post-development flow from the proposed lot shall not exceed the pre- development levels. The runoff in excess of the 5-year pre-development level must be -83- April 25, 2024 Page 2 of 2 Land Division Application LD 05/2024 retained on the site through implementation of low impact development (LID) measures, such as soakaway pits/infiltration trenches (see attachment), pervious surface etc. The 5-year pre-development flow should be determined using runoff coefficient of 0.35 and ‘old’ IDF parameters (A=2464, B=16, C=1). All LID measures must be designed in accordance with the Low Impact Development Stormwater Management Planning and Design Guide (CVC, TRCA, 2010). Sizing calculations and design information for all proposed LIDs must be provided in the Stormwater Management Design Brief/Letter signed and sealed by a Professional. Locations and details of the proposed measures must be shown on the Site Servicing/Grading Plan • All proposed LID measures must be located solely on private property and must be owned and maintained by the property owner. All necessary information regarding the function and maintenance of LID must be included in the purchase agreements. A Section 119 Restrictive Covenant is to be registered on title prohibiting the alteration or removal of the LID measures. Refer to P-1020 standard detail. • A minimum of 450mm depth of amended soils should be specified for all grassed areas such as back yards, front yards, and side yards. Add appropriate notes to the Site and Grading Plan. • Foundation/sump pump discharge to the surface or LIDs. 6. A Tree Inventory and Protection/Removal Plan, prepared by a qualified Arborist or an Environmental Consultant is required. This information should address matters such as existing tree species, diameter, health, protection/removal strategies, and a proposed replanting plan. Compensation for loss of tree canopy will be required and is over and above any required boulevard tree as per the Boulevard Tree Planting Program. 7. Planting of one boulevard tree is required for each new lot being created. Where the planting of a boulevard tree is not possible, cash-in-lieu is to be provided as per the current Development Services Fee Schedule. PH:jl Attachment 2024 DS User Fees P-1020 -84- Ro s e b a n k R o a d Co w a n C i r c l e Gillm ossRoad Lek a ni Court Pike Court WoodgrangeAvenue Rougemount Drive Oa k w o o d D r i v e Staghorn Road MaitlandDrive Mountain AshDrive Mc l e o d C r e s c e n t Da h l i a C r e s c e n t Moorelands Crescent Rick HullMemorial Park RosebankPublic School Location MapFile:Applicant:Municipal Address: LD 05/2024 Date: Apr. 17, 2024 ¯ E J. Brancato 518 Rosebank Road SubjectLands L:\PLANNING\01-MapFiles\LD\2024\LD 05-2024 J. Brantaco\LD 05-24_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Exhibit 1 -85- Ex h i b i t 2   Su b m i t t e d P l a n Fi l e N o : L D 0 5 / 2 0 2 4 Ap p l i c a n t : J . B r a n c a t o Mu n i c i p a l A d d r e s s : 5 1 8 R o s e b a n k R o a d Co n t a c t T h e C i t y o f P i c k e r i n g C i ty D e v e l o p m e n t D e p a r t m e n t f o r D i g i t a l C o p i e s o f t h i s P l a n . Da t e : A p r i l 1 8 , 2 0 2 4   Se v e r e d P a r c e l 84 7 . 2 m 2 Re t a i n e d P a r c e l 2, 8 6 4 . 0 m 2 -86- Report to Committee of Adjustment Application Number: LD 06/24 Date: May 8, 2024 From: Cody Morrison Principal Planner, Development Review Subject: Committee of Adjustment Application LD 06/24 F. Gallo & M. Molinaro 523 Oakwood Drive Application The purpose of the application is to permit the severance of a 1,844.9 square metre portion of land in order to convey it to the abutting property to the east, municipally known as 518 Rosebank Road. A 2,851.1 square metre parcel of land is proposed to be retained. The existing dwelling is proposed to be retained on the retained parcel (refer to Exhibits 2 & 3). Recommendation Staff have reviewed Land Division Application LD 06/24, with respect to Section 51(24) of the Planning Act criteria and recommend Approval subject to the conditions outlined within Appendix I and Appendix II. Background In April 2016, the Region of Durham Land Division Committee approved Land Division Application LD 033/16. LD 033/16 facilitated the severance of the rear portion (1,855.6 square metres) of 519 Oakwood Drive in order to convey it to the abutting property immediately to the north, municipally known as 523 Oakwood Drive (the subject lands). This parcel is recognized as Part 2 on Reference Plan 40R-29577. These lands are now proposed to be severed from 523 Oakwood Drive in order to be conveyed and merged on title with the abutting property immediately to the east municipally known as 518 Rosebank Road. The proposed severance is intended to facilitate a land assembly for future development, which includes the future northerly extension of Maitland Drive. At this time, no residential development is proposed on the severed parcel and the proposed severance will not facilitate any new residential lots. The property owner of 518 Rosebank Road has also submitted a Land Division Application (LD 05/24) proposing the creation of one additional lot fronting Rosebank Road, which will be heard by the Committee of Adjustment on May 8, 2024. LD 05/24 does not rely on the severance proposed through LD 06/24 in order to proceed and does not preclude the conveyance and consolidation of lands proposed through LD 06/24. -87- Report LD 06/24 May 8, 2024 Page 2 Comments Official Plan The subject lands are designated “Urban Residential Areas – Low Density” in the Pickering Official Plan. The subject lands are located within an Established Neighbourhood Precinct within the Rosebank Neighbourhood and are subject to the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts. Additionally, the subject lands are subject to the Rosebank Neighbourhood Design Guidelines. The Official Plan states that an ownership of land capable of being divided into more than three additional lots is required to be developed by a plan of subdivision, except where it is demonstrated to Council’s satisfaction that a plan of subdivision is neither appropriate nor necessary, in which case Council may authorize the development to proceed by land severance. The proposed severance to facilitate a land assembly conforms to the Pickering Official Plan. The applicant has been advised that an application for Plan of Subdivision will be required to further develop the subject property for new residential lots, including the extension of Maitland Drive and municipal services. Any future residential development will be required to maintain the requirements of the Official Plan and Urban Design Guidelines. Zoning By-law The subject lands are zoned R4 – Detached Residential, Fourth Density, under Zoning By-law 2511, as amended by By-laws 7872/21 and 7900/22: Lots R-Plan Part No. Zone Required Lot Area (m2) Proposed Lot Area (m2) Required Lot Frontage (m) Proposed Lot Frontage (m) Retained Parcel Part 1 40R-9024 R4 460.0 2,851.1 15.0 15.24 Severed Parcel Part 2 40R-29577 R4 460.0 1,844.9 15.0 0.0 The retained parcel complies with minimum lot frontage and lot area requirements of the Zoning By-law. The proposed severed parcel will be conveyed and merged on title with the abutting property immediately to the east, municipally known as 518 Rosebank Road. Input From Other Sources Building Services • No comments on the application. Fire Services • No comments on the application. -88- Report LD 06/24 May 8, 2024 Page 3 Engineering Services •Conditions for approval are attached(refer to Appendix II). Region of Durham •At the time of writing this report, the Regionof Durham has not provided commentsand/or conditions. These will be forwardedto the applicant and Committee as theybecome available. Date of report: May 2, 2024 Comments prepared by: Original Signed By Original Signed By Kerry Yelk Cody Morrison Planner I Principal Planner, Development Review KY:jc J:\Documents\Development\D-3500 Consents, Severances (LD Applications)\2024\LD 05-24\8. Report\Report LD 05-24.doc Attachments -89- Appendix I May 8, 2024 Recommended Conditions of Approval for Consent LD 06/24 The City Development Department has reviewed the above application and provides the following conditions, to be fulfilled by the applicant/owner: 1. Submit one copy of a Draft Reference Plan to the satisfaction of the City of Pickering, prior to depositing the plan with the Land Registry Office, that confirms the dimensions of the proposed retained and severed parcels, and that a survey be submitted showing the location of any buildings and structures located thereon. The plan must only show two parts, Part 1 and Part 2, for the retained and severed parcels. 2. Submit one copy of a Deposited Reference Plan, to the satisfaction of the City of Pickering, upon completion of Condition 1 above.. 3. Ensure that any zoning non-compliances identified through Condition 1 above, resulting from the proposed severance, be brought into compliance. 4. Ensure that all existing structures on the severed parcel, or that straddle both the retained and severed parcels be removed. 5. Provide a Solicitor’s Undertaking to the City indicating that: a) The severed parcel being created through LD 06/24 will be conveyed and transferred in the same name as the owner of the abutting property to the east, municipally know as 518 Rosebank Road; b) The parcels will be consolidated on title (Application Consolidation Parcels) immediately following the registration of the transfer; and c) The City will be provided with a copy of the registered transfer and the Application Consolidation Parcels within 30 days following their registration 6. Provide an acknowledgement that Section 50(3) or 50(5) of the Planning Act shall apply to any subsequent conveyance. Upon fulfillment of these conditions the applicant must submit a cheque payable to the City of Pickering in the amount of $1,110.00 for the stamping of the deed package, to be prepared and submitted by a lawyer. -90- Appendix II Memo To: Kerry Yelk April 25, 2024 Planner I From: Paal Helgesen Division Head, Water Resources & Development Services Copy: Manager, Zoning & Administration Project Manager, Development Approvals Coordinator, Development Approvals (JL) Subject: Land Division Application LD 06/2024 -F. Gallo & M. Molinaro -523 Oakwood Drive File: D-4400 Water Resources & Development Services has reviewed the above application and provide the following conditions: 1.A draft 40R Plan will be required. 2.The applicant will be required to provide an Engineering Review Fee of $1,700.00 for the two proposed lots, and a fee of $2,265.00 for the clearance of Water Resources & Development Services conditions. A cheque, payable to the City of Pickering, in the amount of $3,965.00 will be required. PH:jl Attachment 2024 DS User Fees -91- C o w a n C ircle Ro s e b a n k R o a d Gillmoss Road Pike Court R o u g e m o u n t D r i v e Oa k w o o d D r i v e Staghorn Road MaitlandDrive Mountain Ash Dr ive LekaniC ourt Mc l e o d C r e s c e n t Da h l i a C r e s c e n t Mo o r e l a n d s C r e s c e n t Rick HullMemorial Park RosebankPublicSchool Location MapFile:Applicant:Municipal Address: LD 06/24 Date: Apr. 19, 2024 ¯ E M. Molinaro & F. Gallo 523 Oakwood Drive SubjectLands L:\PLANNING\01-MapFiles\LD\2024\LD 06-2024 M. Molinaro & F. Gallo\LD 06-24_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Exhibit 1 -92- Ex h i b i t 2 Co n t e x t Pl a n Fi l e N o : LD 0 6/2 4 Ap p l i c a n t : F. G a l l o & M . M o l i n a r o Mu n i c i p a l A d d r e s s : 52 3 Oa k w o o d D r i v e Co n t a c t T h e C i t y o f P i c k e r i n g C i t y D e v e l o p m e n t D e p a r t m e n t f o r D i g i t a l C o p i e s o f t h i s P l a n . Da t e : Ap r i l 22 , 2 0 2 4 Se v e r e d Pa r c e l 1, 8 4 4 . 9 m2 Re t a i n e d Pa r c e l 2, 8 5 1 . 1 m2 -93- Ex h i b i t 3 Su b m i t t e d P l a n (P a r t i a l P l a n ) Fi l e N o : LD 0 6/2 0 2 4 Ap p l i c a n t : F. Ga l l o & M . M o l i n a r o Mu n i c i p a l A d d r e s s : 52 3 O a k w o o d D r i v e Co n t a c t T h e C i t y o f P i c k e r i n g C i t y D e v e l o p m e n t D e p a r t m e n t f o r D i g i t a l C o p i e s o f t h i s P l a n . Da t e : Ap r i l 22 , 2 0 2 4 52 3 O a k w o o d D r i v e 51 9 O a k w o o d D r i v e 52 1 O a k w o o d D r i v e Se v e r e d Pa r c e l 1, 8 4 4 . 9 m2 Re t a i n e d Pa r c e l 2, 8 5 1 . 1 m2 -94-