Staff Report for Council Public Meeting

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1 Agenda Item 3.3 a Staff Report for Council Public Meeting Date of Meeting: February 7, 2018 Report Number: SRPRS Department: Division: Subject: Planning and Regulatory Services Development Planning Request for Comments Zoning By-law Amendment and Draft Plan of Subdivision Applications Gil and Maria Shcolyar and Malvina Shkolyar Town Files D and D (Related File D ) (SRPRS ) Owner: Gil and Maria Shcolyar 182 Brookside Road Richmond Hill, Ontario L4C 9W5 Malvina Shkolyar 31 Naughton Drive Richmond Hill, Ontario L4C 4M5 Agent: Evans Planning Inc Keele Street, Unit 12 Vaughan, Ontario L4K 1ZY Location: Legal Description: Lot 2 and Part of Lot 1, Plan 467 and Part of Lot 47, Concession 1, E.Y.S. Municipal Addresses: 27, 35 and 39 Church Street North Purpose: A request for comments concerning proposed Zoning By-law Amendment and draft Plan of Subdivision applications to facilitate a residential development comprised of 20 semi-detached residential dwellings and the retention of the existing single detached dwellings at 27 and 39 Church Street North on the subject lands. 33

2 Town of Richmond Hill Council Public Meeting February 7, 2018 SRPRS Page 2 Recommendation: That Staff Report SRPRS , with respect to the Zoning By-law Amendment and draft Plan of Subdivision applications submitted by Gil and Maria Shcolyar and Malvina Shkolyar for lands known as Lot 2 and Part of Lot 1, Plan 467 and Part of Lot 47, Concession 1, E.Y.S. (Municipal Addresses: 27, 35 and 39 Church Street North), Town Files D and D , be received for information purposes only and that all comments be referred back to staff. Contact Person: Alison Long, Senior Planner Site Plans, phone number and/or Denis Beaulieu, Manager of Development, Subdivisions, phone number Submitted by: "Signed version on file in the Office of the Clerk" Kelvin Kwan Commissioner of Planning and Regulatory Services Approved by: "Signed version on file in the Office of the Clerk" Neil Garbe Chief Administrative Officer Location Map Below is a map displaying the property location. Should you require an alternative format call person listed under Contact Person above. 34

3 Town of Richmond Hill Council Public Meeting February 7, 2018 SRPRS Page 3 Background Information: It should be noted that a portion of the subject lands (27 Church Street North) was the subject of a residential development proposal by Margaret Tushingham (Town File D ) submitted to the Town in This proposal was comprised of four new single detached dwellings on a private access road. The proposal was denied by Council and subsequently appealed to the OMB. On December 10, 2015, the OMB issued an Order that resulted in the denial of the proposal. The subject Zoning By-law Amendment and draft Plan of Subdivision applications were received and deemed complete by the Town on August 16, The applications were subsequently circulated to relevant Town departments and external agencies for review and comment. The purpose of this report is to seek comments from Council and the public with respect to the subject applications, pursuant to the statutory Public Meeting and associated notice requirements of the Planning Act. A related draft Plan of Condominium application (Town File D ) was also received and deemed complete by the Town on August 16, The related draft Plan of Condominium application will be considered in a separate report to be considered at a future Committee of the Whole Meeting. Summary Analysis: Site Location and Adjacent Uses The subject lands are located on the east side of Church Street North, south of Dunlop Street (refer to Maps 1 and 2) and have a total lot area of hectares (1.56 acres). The lands currently support three single detached dwellings. The buildings at 27 and 39 Church Street North are listed in the Town s Inventory of Buildings of Architectural and Historical Importance (the Dr. Rolph Langstaff House and the Dr. James Langstaff Rental House ). The lands are located within the Town s historic Village Core Neighbourhood and the surrounding area is predominantly low-density residential in nature. Immediately to the south is Amos Wright House, a designated building under Parts IV and V of the Ontario Heritage Act, which forms part of the Town s Amos Wright Park. Development Proposal The applicant is seeking Council s approval to facilitate the construction of 20 semidetached residential dwellings on its land holdings, with the retention of the existing single detached dwellings at 27 and 39 Church Street North (refer to Maps 6 and 7). The existing single detached dwelling at 35 Church Street North would be demolished in order to provide access to the proposed development, by way of an 8.0 metre (26.25 feet) wide common element condominium driveway. The following is a summary outlining the pertinent statistics of the applicant s development proposal based on the plans and drawings submitted to the Town: 35

4 Town of Richmond Hill Council Public Meeting February 7, 2018 SRPRS Page 4 Total Land Area: hectares (1.56 acres) Block 1 (27 Church Street North): hectares (0.136 acres) Block 2 (39 Church Street North): hectares (0.116 acres) Block 3 (condominium): hectares (1.31 acres) Total Number of Units: 20 semi-detached dwellings 2 retained single detached dwellings Density: uph (14.10 upa) Lot Frontage per Unit: metres ( feet) Semi-detached Building Height: Three storeys Parking: Two spaces per dwelling, in addition to five visitor spaces (of which two are accessible) The lands are subject to Site Plan Control. However, it should be noted that at the time of preparation of this report, a Site Plan Application for the proposed development had not been submitted to the Town. Supporting Documentation/Reports The applicant has submitted the following documents/information to the Town in support of the proposed development: Adjacent Property Plan; Draft Zoning By-law Amendment; Planning Justification Report; Draft Plan of Subdivision; Draft Plan of Condominium; Conceptual Site Plan; Demonstration Plan for Future Development; Elevation Plans; Conceptual Church Street North Elevations; Floor Plans; Tree Inventory and Preservation Plan/Report; Phase 1 Environmental Site Assessment; Functional Servicing Report; Site Grading Plan; Site Servicing Plan; Erosion and Sediment Control Plan; Pre and Post-Development Drainage Plan; Geotechnical Report; Hydrological Assessment Report; Urban Design Brief; Village Core Neighbourhood Urban Design Guidelines Checklist; Cultural Heritage Impact Assessment; Traffic Impact Study; 36

5 Town of Richmond Hill Council Public Meeting February 7, 2018 SRPRS Page 5 Truck Turning Plan; Draft Sustainability Performance Metrics Tool and Report; and, Draft Interim Growth Management Strategy letter. Zoning By-Law Amendment Application The subject lands are zoned Residential Second Density (R2) (Residential Multiple Second Density (RM2)) Zone under Zoning By-law 66-71, as amended (refer to Map 3). The R2 Zone category permits single, low-rise detached residential dwellings and the RM2 Zone category shown in brackets, permits triplex, maisonette, row-house and multiple dwellings. However, the uses in the bracketed zone are only permitted on the subject lands through the approval of a Zoning By-law Amendment application to facilitate the provisions of that zone. Accordingly, the applicant is seeking approval to rezone the subject lands to RM2 Zone, under Zoning By-law 66-71, as amended, with the following site specific development standards in order to facilitate the proposed development: Development Standard RM2 Zone Standard for Proposed Standard semi-detached dwellings Minimum Lot Frontage N/A 24.0 metres (78.74 feet) Minimum Lot Area N/A 5, square metres (57, square feet) Maximum Number of Dwelling Units comprising Semi-Detached dwellings Minimum number of Parking Spaces per Unit Minimum number of Visitor Parking Spaces per Unit N/A N/A 0.25 The applicant is also seeking approval to implement the following site specific development standards to the existing R2 Zone under Zoning By-law 66-71, as amended, for the retained single detached dwellings at 27 and 39 Church Street North: Development Standard R2 Zone Standard Proposed Standard (27 Church Street North) Proposed Standard (39 Church Street North) Minimum Lot Frontage metres (50.0 feet) 24.0 metres (78.7 feet) 16.0 metres (52.49 feet) 37

6 Town of Richmond Hill Council Public Meeting February 7, 2018 SRPRS Page 6 Minimum Lot Area square metres (5,000.0 square feet) square metres (5, square feet) square metres (4, square feet) Minimum setback of a building from original centerline of Church Street North Minimum Front Yard metres (53.0 feet) 6.1 metres (20.0 feet) 17.0 metres (55.77 feet) 8.0 metres (26.24 feet) 10.5 metres (34.45 feet) 1.4 metres (4.59 feet) Minimum Rear Yard 7.62 metres (25.0 feet) 6.0 metres (19.68 feet) 6.0 metres (19.68 feet) Minimum Side Yard 1.2 metres (4.0 feet) for one storey dwellings and an additional 0.6 metres (2.0 feet) for each additional storey or part thereof 1.2 metres (3.9 feet) 1.2 metres (3.9 feet) Minimum Distance between Dwelling and a Detached Garage 3.05 metres (10.0 feet) 1.0 metres (3.2 feet) Draft Plan of Subdivision Application The applicant s draft Plan of Subdivision application would create one block for the proposed 20 semi-detached residential dwellings, and two separate lots for the retained single detached dwellings at 27 and 39 Church Street North (refer to Map 5). Planning Analysis: Town of Richmond Hill Official Plan The subject lands are designated Neighbourhood in accordance with Schedule A2 Land Use of the Town of Richmond Hill Official Plan (2010) (the Plan ) (refer to Map 4). The Neighbourhood designation allows for small-scale infill development that enhances and strengthens the character of the existing area and promotes connectivity and high-quality design. As required by Policy (3) of the Plan, new infill 38

7 Town of Richmond Hill Council Public Meeting February 7, 2018 SRPRS Page 7 development must be compatible with the character of the adjacent and surrounding area, in accordance with Policy of the Plan. In particular, infill development must be compatible with the predominant building forms and types, massing, the general patterns of streets, blocks, lots and lanes, landscaped areas and treatments, and the general pattern of yard setbacks within an area. The subject lands are located within the Village Core Neighbourhood, which is predominantly defined by well established, historic houses with a traditional residential character in both building type and streetscape, and where access from the street serves only a single dwelling that fronts directly onto a public street. The applicable Council approved Village Core Neighbourhood Urban Design Guidelines prescribe that buildings and lot configurations should maintain free-standing structures that have sufficient distance to neighbouring houses and that houses should be proportionate to their lot size. Policy of the Plan sets out that applications for development may be required to submit concept plans, in accordance with Section 5.2 of the Plan, which demonstrate how the development meets the land use and design policies of the Plan. Due to the Heritage significance of existing buildings on the subject lands and the proximity to a designated Heritage House, the applicant s development proposal is subject to the Cultural Heritage Policies of the Plan. As required by Policy (2) of the Plan, the Town shall protect and conserve cultural heritage resources. Furthermore, Policy (5) states that development and site alteration adjacent to a property with a protected cultural heritage resource, shall ensure that the heritage attributes of that property are conserved. Department and External Agency Comments The subject Zoning By-law Amendment and draft Plan of Subdivision applications and the associated background studies and reports submitted in support of the proposal, have been circulated to various Town departments and external agencies for their review and comment. The following is a summary of the comments received as of the time of writing of this report. Development Planning Division Planning staff has completed a preliminary review of the applicant s development proposal, including supporting plans and materials submitted in support of the proposed development. In consideration of the policies of the Plan which are relevant to the evaluation of the proposed development, staff provides the following preliminary comments: the proposed low-density, semi-detached dwellings are permitted in the Neighbourhood designation of the Plan; the proposed 1.0 metre (3.28 feet) side yard setbacks for the semi-detached dwellings would not be compatible to the general pattern of side yard setbacks in the area. Revisions to the submitted development proposal are required in order to 39

8 Town of Richmond Hill Council Public Meeting February 7, 2018 SRPRS Page 8 provide for increased side yard setbacks to ensure that the development proposal is compatible with the character of the adjacent/surrounding area; further review and evaluation is needed to determine the impact and appropriateness of the proposed layout of the infill development on the character of the area; the applicant has submitted a Concept Plan (refer to Map 8) for the area to demonstrate how the development could integrate with future re-development of adjacent lands to the north; the applicant must satisfactorily address any issues identified by Town departments and external agencies that have been requested to review the applicant s development proposal; staff will continue to work with the applicant with respect to the form and content of the draft Zoning By-law Amendment and the draft Plan of Subdivision. The appropriateness of the site-specific provisions proposed by the applicant will continue to be reviewed with regard to compatibility, design and function; and, formal Site Plan and Private Street Naming applications will be required to facilitate the proposed development. The applicant is encouraged to submit an application for Site Plan Approval prior to finalization of the Zoning By-law. A comprehensive review of the subject Zoning By-law Amendment and draft Plan of Subdivision applications will be conducted following the receipt of comments and feedback from Town departments, external agencies, Council and the public. This detailed review will be completed in advance of and addressed as part of a recommendation report to be prepared for a future Committee of the Whole meeting. Urban Design and Heritage Section Urban Design staff support the preservation of the existing buildings on the heritage listed properties fronting onto Centre Street North. However, staff has raised concern with the proposed layout and recommends that the development proposal be revised to provide for a more contextually appropriate rear lot-to-rear lot configuration on the eastern side of the site. This revision would also limit the opportunity for the creation of undesirable through lots along Dunlop Street as part of any future development of adjacent lands as shown on the applicant s concept plan. Urban Design staff has also raised concern with the proposed semi-detached building fronting onto Church Street North. They have noted that this building appears tall and narrow and is incompatible with the character of the street and the surrounding neighbourhood and recommend that the development proposal be revised to provide for a two-storey single detached dwelling with a single facade design, incorporating a longer (or at least equal) horizontal dimension, relative to building height. In addition, Urban Design staff has provided the following general comments on the submission: the development proposal should provide for a greater number of parking spaces by widening the private road to allow for on-street parking. The visitor parking lot could then be removed from the development proposal; 40

9 Town of Richmond Hill Council Public Meeting February 7, 2018 SRPRS Page 9 it is recommended that the applicant explore the provision of an allowance for a public, pedestrian connection to Amos Wright Park through the subject lands; there are a number of large, significant trees within the site that contribute to the historic character of the neighbourhood and the Amos Wright Park to the south of the subject lands. These trees should be preserved and protected throughout the construction process; and, the applicant is advised that facade elevations must be submitted as part of a Site Plan Application. Development Engineering Division The Town s Development Engineering Division has reviewed the applicant s proposal and has identified the requirement for a 2.5 metre (8.2 feet) widening from the Church Street North centerline from Lot 1, Block 3 and Lot 2, excluding the right-of-way that the existing house would encroach onto. Detailed comments have also been provided in relation to transportation implications of the development proposal, and the need for additional information as follows: a Transportation Demand Management Plan and recommendations checklist is required that summarizes the programs and measures, responsibility of the applicant and the estimated costs for these recommendations; the accessible parking space should be removed from the turnaround and relocated to an appropriate location, maintaining the current level of parking. A bicycle parking rack should also be provided near a visitor parking area or the mailbox area. The Site Plan should be revised accordingly; and, the applicant is advised that the turnaround area must be designed to meet the Town s standards. Technical comments have also been provided on the submitted Functional Servicing Report, which are as outlined in Appendix A1, attached hereto. Park and Natural Heritage Planning Section Park and Natural Heritage Planning staff has completed a review of the applicant s development proposal and note that it would result in the destruction of over 100 mature native and non-native trees within the Town s historic Village Core Neighbourhood. Parks staff do not support the destruction of trees on abutting properties or trees along the property lines and revisions are required in order to preserve and protect a number of trees. With regard to the trees which are to be removed, Parks staff advise that the applicant will be required to replace the lost tree canopy through replanting within the site, paying cash-in-lieu thereof, or a combination of both. Furthermore, it is noted that Site Servicing and Grading Plans will need to be revised to eliminate any grading, swales, servicing, infiltration galleries and infrastructure within the minimum tree protection zones for a number of trees. Full technical comments provided by Parks Planning staff on the submission are outlined in Appendix A2, attached hereto. 41

10 Town of Richmond Hill Council Public Meeting February 7, 2018 SRPRS Page 10 It is also noted that the applications are subject to the Town s parkland dedication requirements, and to this end, Parks Planning staff recommends that Council accept cash-in-lieu of parkland dedication should the proposal be approved. Toronto and Region Conservation Authority (TRCA) TRCA has reviewed the applicant s development proposal and has provided comments with respect to the applicable policies of the Toronto and Region and CTC Source Water Protection Plan. No objection has been raised to the proposal. Other Town Departments and External Agency Comments Comments have also been received from Enbridge Gas Distribution, Powerstream, Rogers Communications, York Region District School Board, the Town s Fire and Emergency Services Division, the Town s Building Services Division Zoning Section, and the Town s Financial Services Division. These Town departments and external agencies have no objections to the applications and/or have provided technical comments to be considered by the applicant during the more detailed implementation stage of the approval process. Outstanding Town Department and External Agency Comments As of the writing of this report, comments remain outstanding from the following departments and external agencies: The Regional Municipality of York; Canada Post; Bell Canada; and, York Catholic District School Board. Interim Growth Management Strategy: Council has approved and implemented a comprehensive strategy comprised of eight growth management eligibility criteria as a means of assessing and prioritizing development applications for the receipt of servicing allocation. The criteria are as follows: 1. Providing community benefits and completion of required key infrastructure. 2. Developments that have a mix of uses to provide for live-work relationships. 3. Developments that enhance the vitality of the Downtown Core. 4. Higher-order transit supportive development. 5. Developments that represent sustainable and innovative community and building design. 6. Completion of communities. 7. Small scale infill development. 8. Opportunities to provide affordable housing. As part of the review of the above noted IGMS Criteria Number 5, Sustainable and Innovative Community and Building Design, the applicant has submitted a Sustainability 42

11 Town of Richmond Hill Council Public Meeting February 7, 2018 SRPRS Page 11 Performance Metrics Tool in support of its proposed draft Plan of Subdivision application. However, the Sustainability Metrics applies to the future Site Plan Application as the draft Plan of Subdivision is primarily to create blocks. The applicant has proposed an Overall Application score of 25 points on the basis of its initial submission. This would not meet the required score of between 32 and 45 points for Site Plan Applications and the applicant is required to update the Metrics Tool to demonstrate conformity. Staff will continue to work with the applicant to explore opportunities to improve the score. Financial/Staffing/Other Implications: The recommendation of this report does not have any financial, staffing or other implications. Relationship to the Strategic Plan: The recommendations of this report do not have any direct implications with respect to the Town s Strategic Plan. An overview of how the subject applications are aligned with the goals of the Town s Strategic Plan will be included in a future recommendation report to Council following a comprehensive review and evaluation of the applicant s development proposal. Conclusion: The applicant is seeking Council s approval of its Zoning By-law Amendment and draft Plan of Subdivision applications to facilitate the construction of 20 semi-detached residential dwellings on the subject lands, with access through a shared, common element road, together with the retention of two single detached dwellings at 27 and 39 Church Street North. The purpose of this report is to provide Council and the public with an overview of the applicant s development proposal, and to discuss the regulatory regime governing the evaluation of these planning applications. This report has been structured for information purposes only with a recommendation that all comments be referred back to staff for consideration. 43

12 Town of Richmond Hill Council Public Meeting February 7, 2018 SRPRS Page 12 Appendix Contents and Maps: The following attached documents may include scanned images of appendixes, maps and photographs. If you require an alternative format please call contact person listed in this document. Appendix A1, Development Engineering Division comments Appendix A2, Parks and Natural Heritage Planning Section comments Map 1 Aerial Photograph Map 2 Neighbourhood Context Map 3 Existing Zoning Map 4 Official Plan Designation Map 5 Draft Plan of Subdivision Map 6 Proposed Site Plan Map 7 Conceptual Building Elevations Map 8 Concept Plan 44

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