Plan-Final-2955 Kingston Road - Toronto€¦ · Staff report for action – Final Report -2955 Kingston Road 4 V.04/13 Official Plan The Property is located in a mixed use corridor

Staff report for action – Final Report - 2955 Kingston Road 1 V.04/13

STAFF REPORT ACTION REQUIRED

2955 Kingston Road –Zoning Amendment Application– Final Report

Date: July 15, 2014

To: Scarborough Community Council

From: Director, Community Planning, Scarborough District

Wards: Ward 36 – Scarborough Southwest

Reference Number:

14 107985 ESC 36 OZ

SUMMARY

This application proposes to re-zone the lands to permit the existing dental office to remain within the 2-storey converted dwelling for the property at 2955 Kingston Road.

The dental office currently occupying the property was permitted through a minor variance application approved at the Ontario Municipal Board in 2008 (Application No. A237/07SC). The use was approved for an interim period of 5 years ending on July 8, 2013. The applicant is now proposing to amend the Zoning By-law to permit office uses on the property, which would allow the dental office to remain permanently.

The proposal conforms to the City's Official Plan and the Provincial Growth Plan for the Greater Golden Horseshoe. It is consistent with the Provincial Policy Statement. The dental office use is located on the ground floor of a converted 2-storey dwelling, making it appropriate and compatible both in the context of the Kingston Road corridor and the nearby low-rise neighbourhood.

This report reviews and recommends approval of the application to amend the Zoning By-law.


RECOMMENDATIONS

The City Planning Division recommends that:

1. City Council amend the former City of Scarborough Cliffcrest Community Zoning By-law No. 9396, as amended, for the lands at 2955 Kingston Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 4 to report dated July 15, 2014;

2. City Council amend City of Toronto Zoning By-law No. 569-2013, as amended, for the lands at 2955 Kingston Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to report dated July 15, 2014;

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

Financial Impact The recommendations in this report have no financial impact.

DECISION HISTORY In 2007, the owner of the property applied to the Committee of Adjustment for minor variances to permit the conversion of the ground floor of the two-storey detached house on the property into a dental office. The application was refused by the Committee of Adjustment and subsequently appealed to the Ontario Municipal Board. The Ontario Municipal Board approved the variances in July 2008 with several conditions, including one specifying that the approval be valid for 5 years ending on July 8, 2013. The applicant applied for a Zoning By-law amendment in January 2014 to permanently establish permission for office uses on the property.

Staff prepared a preliminary report for this application, which Scarborough Community Council adopted at its April 8th, 2014 meeting. The report included background information on the proposal and recommended that a community consultation meeting be held and notice be given in accordance with the regulations in the Planning Act. The preliminary report is available through the following web link: http://www.toronto.ca/legdocs/mmis/2014/sc/bgrd/backgroundfile-67531.pdf

ISSUE BACKGROUND

Proposal The application proposes to re-zone the property to allow office uses in addition to the permitted residential uses. The re-zoning would allow the existing dental office to permanently remain on the ground floor of the 2-storey converted house. The second storey of the house would continue to be used as an apartment unit.

The house has a gross floor area of 169.66 square metres (1,826 square feet), with a ground floor area of 108.69 square metres (1,170 square feet). The 2nd storey apartment unit is 60.97 square metres (656 square feet) in size. The house has a front yard setback of 15.04 metres (49 feet)

http://www.toronto.ca/legdocs/mmis/2014/sc/bgrd/backgroundfile-67531.pdf


from the front property line, which is consistent with other houses on the block. Five (5) surface parking spaces are currently provided, including four in a front yard parking pad and one in an integral garage. No new construction is proposed as part of the application.

The applicant submitted a landscape plan with their application, which includes upgraded landscaping surrounding the front yard parking area and in the north side yard along Cathedral Bluffs Drive.

Site and Surrounding Area The property municipally known as 2955 Kingston Road is a triangular shaped lot located at the southwest corner of Kingston Road and Cathedral Bluffs Drive, northeast of Brimley Road. The property has a primary frontage measuring 26.68 metres (94 feet) along the south side of Kingston Road, and a width that narrows substantially towards the rear lot line. The flanking lot line along Cathedral Bluffs Drive measures 47.36 metres (155 feet) in length. The property has few existing trees and is evenly graded, with a significant setback between the façade of the existing 2-storey converted house and the front lot line. The large front yard offers clear site lines between the Kingston Road and Cathedral Bluffs Drive, both of which have TTC bus stops adjacent to the property.

Kingston Road is a six-lane arterial street characterized by commercial plazas, single detached homes, low and medium scale office buildings, infill townhouses, and other low-scale buildings both east and west of the property. Abutting uses include the following:

North: 1-storey place of worship (Institutional Place of Worship Zone (IPW)), 2-storey single detached dwellings (Residential Detached Zone (RD))

East: 1-storey commercial plaza (Commercial Residential (CR)) Zone South: 2-storey single detached dwellings (Residential Detached Zone (RD)) West: 2-storey single detached dwellings (Residential Detached Zone (RD))

Provincial Policy Statement and Provincial Plans The Provincial Policy Statement (PPS), 2014 provides policy direction on matters of provincial interest related to land use planning and development. These policies support the goal of enhancing the quality of life for all Ontarians. Key policy objectives include: building strong healthy communities; wise use and management of resources and protecting public health and safety. The PPS recognizes that local context and character is important. Policies are outcome-oriented, and some policies provide flexibility in their implementation provided that provincial interests are upheld. City Council's planning decisions are required to be consistent with the PPS.

The Growth Plan for the Greater Golden Horseshoe provides a framework for managing growth in the Greater Golden Horseshoe including: directions for where and how to grow; the provision of infrastructure to support growth; and protecting natural systems and cultivating a culture of conservation. City Council's planning decisions are required to conform, or not conflict, with the Growth Plan for the Greater Golden Horseshoe.


Official Plan The Property is located in a mixed use corridor identified as an Avenue, as shown on Map 2- Urban Structure of the Official Plan. Avenues are defined as corridors adjacent to major streets, where re-urbanization is expected and encouraged. The Official Plan states that re-urbanization along Toronto's Avenues will be achieved through the preparation of a local Avenue study, which includes extensive public consultation and an assessment of area characteristics to support new contextually appropriate as-of-right zoning and other regulations. An Avenue Study has not been prepared or planned for this segment of Kingston Road.

Planning Staff have not considered an Avenue segment study to be a pre-requisite to processing the application, as the dental office use has occupied the existing converted 2-storey detached house for 6 years without any demonstrable impacts to the adjacent neighbourhood or available infrastructure. The proposed zoning amendment is consistent with the intent of the Mixed Use Areas designation and will have the effect of formalizing a previously temporary permission, while placing limits on the scale and intensity of the use for the future.

The property is designated Mixed Use Areas in the Official Plan's land use mapping. The Mixed Use Areas designation permits a broad range of commercial, residential and institutional uses in single or mixed use buildings. Development criteria in Mixed Use Areas require that new development be strategically located and massed in relation to streets and adjacent neighbourhoods, provide a sensitive transition between areas of differing intensity and scale, and contribute to an attractive and safe pedestrian environment.

Zoning 2955 Kingston Road is subject to the standards of the Council-approved City-wide Zoning By-law No. 569-2013, as amended, as well as the in-force Cliffcrest Community Zoning By-law No 9396, as amended:

City-wide Zoning By-law No. 569-2013

The property is within a Residential Detached (RD) Zone, which permits detached houses as well as a limited number of lower-scale community-oriented uses with conditions.

Cliffcrest Community Zoning By-law No. 9396

The property is within a Single Family Residential (S) Zone, which permits single-family homes, group homes and correctional homes, as well as private home day cares.

Site Plan Control The proposed development is not subject to Site Plan Control.

Reasons for Application A zoning by-law amendment is required to permit an office use on the property, which is currently not permitted in a Residential Detached (RD) Zone under the City-wide Zoning By-law 569-2013 or in a Single Family Residential (S) Zone in the Cliffcrest Community Zoning By-law No. 9396.


Community Consultation A community consultation meeting was held on Tuesday, June 3, 2014. Notice of the meeting was sent to landowners and residents within 120 metres of the property, however there were no attendees at the meeting.

Agency Circulation The application was circulated to all appropriate agencies and City divisions. Responses received have been used to assist in evaluating the application and to formulate appropriate By-law standards.

COMMENTS

Provincial Policy Statement and Provincial Plans The current PPS came into effect on April 30, 2014, and applies to all planning decisions made after that date.

The proposal is consistent with the policies of the PPS, 2014. The conversion of the 2-storey detached house to accommodate a ground floor dental office is a contextually appropriate form of adaptive reuse that respects its local context. The continued use of the ground floor as a dental office will contribute to the ongoing vitality and viability of the Kingston Road corridor, as well as an appropriate mix and range of employment for the area.

The application is subject to the 2006 Growth Plan for the Greater Golden Horseshoe, which is a vision for an urban region comprised of compact, complete communities, which efficiently use existing and new infrastructure and support a strong and competitive economy. The proposal conforms and does not conflict with the Growth Plan for the Greater Golden Horseshoe.

Land Use The existing dental office/professional office conforms to the relevant land use policies in the City's Official Plan. The ground floor dental office serves the adjacent neighbourhood and is contained within a converted 2-storey house, providing an appropriate transition from Kingston Road to the lower scale neighbourhood.

The use of the 2-storey converted dwelling as an office conforms to the existing and planned context of Kingston Road, which is characterized by a variety of commercial, office and residential uses in single and mixed-use buildings. The property is one of five single family dwellings on the south side of Kingston Road between Dorset Road and Cathedral Bluffs Drive, one of which was re-zoned to permit a dental office in 2011 (119 Dorset Road, Application No. 10 293124 ESC 36 OZ).

Traffic Impact, Access, Parking The property features four (4) parking spaces in the front yard parking pad accessed from Kingston Road, and an additional parking space within the integral garage. The number of parking spaces complies with the zoning requirements, and has adequately served the dental office over the past 5 years.


Landscaping & Streetscape The improvements to the site shown on the applicant's landscape plan will contribute to a more attractive pedestrian environment along Kingston Road and Cathedral Bluffs Drive. The plan includes ornamental shrubs, armour stone and additional trees to screen the parking area, frame the sidewalk and visually enhance the edges of the property.

Urban Forestry and Planning Staff requested minor revisions to the original landscape plan, including an additional shade tree, new bicycle parking and a greater proportion of native species. The applicant recently submitted a revised landscape plan with all of the requested changes shown, and is proceeding with the landscaping upgrades.

Conclusions This report recommends approval of the proposal to amend the Zoning By-law to permit office uses at 2955 Kingston Road as additional permitted uses in the Single Family Residential (S) Zone and the Residential Detached (RD) Zone, respectively. The existing dental office is appropriate for a corner property located along an evolving mixed-use corridor and is consistent with the policies of the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe and the Official Plan. The parking supply is adequate, and the site features good access and circulation. The dental office contributes to the balance of high quality office and residential uses along Kingston Road that meets the needs of the local community. The added landscaping will enhance the appearance of the property and improve the local pedestrian environment.

CONTACT John O'Reilly, Assistant Planner Tel. No. (416) 396-5279 Fax No. (416) 396-4265 E-mail: [email protected]

SIGNATURE

_______________________________

Raymond David, Director Community Planning, Scarborough District

ATTACHMENTS Attachment 1: Site Plan Attachment 2: Zoning Attachment 3: Application Data Sheet Attachment 4: Draft Zoning By-law Amendment (By-law No. 9396) Attachment 5: Draft Zoning By-law Amendment (By-law 569-2013)


Attachment 1: Site Plan


Attachment 2: Zoning Map


Attachment 3: Application Data Sheet APPLICATION DATA SHEET

Application Type Rezoning Application Number: 14 107985 ESC 36 OZ

Details Rezoning, Standard Application Date: January 22, 2014

Municipal Address: 2955 KINGSTON RD

Location Description: PLAN 2347 LOT 31 **GRID E3610

Project Description: An application to re-zone the lands to permit the existing dental office use to remain within the converted, single-detached dwelling currently on the property. The dental office is located on the ground floor of the building with a residential unit on the second floor. The dental office use was originally approved at the Ontario Municipal Board (Minor Variance File No. A237/07SC) in 2007 for a period of 5 years.

Applicant: Agent: Architect: Owner:

Dorota Dabrowska Peter Chee Trevor Gain & Associates Dorota Dabrowska

PLANNING CONTROLS

Official Plan Designation: Mixed Use Areas Site Specific Provision:

Zoning: RD (f10.5; a371) (x197) Historical Status: N/A

Height Limit (m): 9 Site Plan Control Area: N

PROJECT INFORMATION

Site Area (sq. m): 622.59 Height: Storeys: 2

Frontage (m): 28.68 (Kingston Road) Metres: 0

Depth (m): 39.62

Total Ground Floor Area (sq. m): 108.69 Total

Total Residential GFA (sq. m): 60.97 Parking Spaces: 5

Total Non-Residential GFA (sq. m): 108.69 Loading Docks 0

Total GFA (sq. m): 169.66

Lot Coverage Ratio (%): 17.5

Floor Space Index: 0.27

DWELLING UNITS FLOOR AREA BREAKDOWN (upon project completion)

Tenure Type: Freehold Above Grade Below Grade

Rooms: 0 Residential GFA (sq. m): 60.97 0

Bachelor: 0 Retail GFA (sq. m): 0 0

1 Bedroom: 0 Office GFA (sq. m): 108.69 0

2 Bedroom: 1 Industrial GFA (sq. m): 0 0

3 + Bedroom: 0 Institutional/Other GFA (sq. m): 0 0

Total Units: 1

CONTACT: PLANNER NAME: John O'Reilly, Assistant Planner

TELEPHONE: (416) 396-5279

1 City of Toronto By-law No. xxx-20~

Attachment 4: Draft Zoning By-law Amendment (By-law No. 9396)

Authority: Scarborough Community Council Item ~ as adopted by City of Toronto Council on ~, 20~

Enacted by Council: ~, 20~

CITY OF TORONTO Bill No. ~

BY-LAW No. ~-20~

To amend the Cliffcrest Community Zoning By-law No. 9396 as amended, with respect to the lands municipally as 2955 Kingston Road

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and

WHEREAS Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

1. SCHEDULE ‘C’, EXCEPTIONS MAP is hereby amended by adding Exception Number 61 to the lands shown outlined on Schedule "1" attached to this By-law.

2. SCHEDULE "C", EXCEPTIONS LIST is hereby amended by adding Exception Number 61 as follows:

61. On those lands identified as Exception Number 61 on the accompanying Schedule "C" map, the following provisions shall apply:

(a) In addition to the uses permitted by the zone, the following uses are also permitted within a building with a maximum floor area of 170 square metres that complies with height, coverage and minimum setbacks for a building in a Single Family Residential (S) zone:

Office Uses.

(b) Notwithstanding Clause VIII- Zone Provisions, sub-section 1(a), a Dwelling Unit is permitted within a building containing office uses;

(c) Notwithstanding Clause VII, General Parking Regulations for all Zones, sub-section 2.1.1, Street Yard Parking, four (4) parking spaces are permitted in the street yard; and

(d) Notwithstanding Clause VI, Provisions for All Zones, sub-section 20.1(c) and sub-section 20.2(a), a minimum of 35% of the front yard shall be maintained as soft landscaping.


ENACTED AND PASSED this ~ day of ~, A.D. 20~.

ROB FORD, ULLI S. WATKISS, Mayor City Clerk

(Corporate Seal)



Attachment 5: Draft Zoning By-law Amendment (By-law 569-2013)

Authority: Scarborough Community Council ##, as adopted by City of Toronto Council on ~, 20~

CITY OF TORONTO Bill No. ~

BY-LAW No. [XXXX- 2014]

To amend Zoning By-law No. 569-2013, as amended, with respect to the lands municipally known in the year 2014 as, 2955 Kingston Road

Whereas Council of the City of Toronto has the authority to pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, to pass this By-law; and

Whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; and

The Council of the City of Toronto enacts:

1. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law No. 569-2013, Chapter 800 Definitions;

2. Zoning By-law No. 569-2013, as amended, is further amended by adding a new regulation (D) under the heading 'Site Specific Provisions' in Exception 900.3.10. Exception Number 197, so that it reads:

(D) On the lands known as 2955 Kingston Road the following applies:

(i) In addition to the uses permitted in the RD zone by Article 10.20.20, the following uses are also permitted within a Mixed Use Building with a maximum gross floor area of 170 square metres that complies with the permitted maximum lot coverage, required minimum building setbacks and permitted maximum height for a building in the RD zone:

(a) Office; (b) Medical Office; and (c) Clinic;

(ii) Despite regulation 10.20.20.10(1), a Dwelling Unit is permitted within a Mixed Use Building;

(iii) Despite regulation 10.5.50.10(1), a minimum of 35% of the Front Yard must be Soft Landscaping;

(iv) Despite regulation 10.5.50.10(2) a minimum of 40% of the Side Yard abutting Cathedral Bluffs Drive must be Soft Landscaping;

(v) Despite regulation 10.5.80.10 (3) a maximum of four (4) Parking Spaces are permitted in the Front Yard; and


(vi) Despite regulation 10.5.80.40 (3) vehicle access to Parking Spaces on the lot may be from Kingston Road.

Enacted and passed on month ##, 20##.

Name, Ulli S. Watkiss, Speaker City Clerk (Seal of the City)

Documents

Plan-Final-2955 Kingston Road - Toronto€¦ · Staff report for action – Final Report -2955 Kingston Road 4 V.04/13 Official Plan The Property is located in a mixed use corridor