Discussion Paper: Pickering Village

Transcription

1 Discussion Paper: Pickering Village Comprehensive Zoning By-law Review June 1, 2015 Alternative formats of this document are available on request by contacting or calling ext. 3347

2 Foreword This Discussion Paper is one of a series of Discussion Papers that identifies matters that should be considered in the Town s comprehensive review of Zoning By-law , as amended to present these Discussion Papers. See Sections 1.5 (We Want to Hear From You) and 4.0 (Next Steps) for further detail. As the first step in the Comprehensive Zoning By-law Review process, the following Discussion Papers have been released to trigger public and agency input: 1. Stable Neighbourhoods; 2. Intensification Areas; 3. Employment Areas; 4. Transportation Requirements; 5. Definitions & By-law Format; 6. Pickering Village; 7. Sustainability Elements; and, 8. Greenlands System. The observations in this Discussion Paper are preliminary and for discussion purposes. Technical input and comments received from the public, agencies and other interested parties will inform the preparation of Technical Reports that will outline potential zoning changes and subsequent draft amendments to Zoning By-law Public participation and comments are encouraged throughout this process. A series of Public Open Houses will be held in the Fall of Discussion Paper: Pickering Village Page i

3 Contents Foreword... i 1.0 Introduction What is a Zoning By-law? Zoning By-laws versus Guidelines, Site Plan Control and Other Municipal By-laws Comprehensive Zoning By-law Review Purpose of this Discussion Paper We Want to Hear From You The Planning Framework Planning Act Ontario Heritage Act Provincial Policy Statement Growth Plan for the Greater Golden Horseshoe Durham Region Official Plan Town of Ajax Official Plan Pickering Village Land Use and Urban Design Study Pickering Village Heritage Conservation District Plan Current Zoning Framework Overview of Designations and Zones Heritage Conservation District (HCD) Building Heights Angular Planes Setbacks to Heritage Buildings Front Yards Maximum Building Width Designing Buildings to the Street Detached Garages Refine General Provisions for Pickering Village Clarify Zoning Provisions Permitted Uses Broaden Commercial Permissions Refine Existing Residential Permissions Add New Residential Uses Consider a New Zone Category Pickering Village is Unique Wish List Properties Next Steps Appendix Common Zoning Provisions for Zones in Pickering Village General Provisions and Common Zone Standards Garages and Driveways Parking Standards Summaries of Individual Village Core Mixed Use Zones and Residential Zones within Pickering Village Village Core Mixed Use One (VC1) Zone Village Core Mixed Use Two (VC2) Zone Village Core Mixed Use Three (VC3) Zone Village Core Mixed Use Four (VC4) Zone Residential Zones (R1-B, RM4, RM6) within Pickering Village... 32

4 1.0 Introduction 1.1 What is a Zoning By-law? A zoning by-law is a by-law passed by a municipality to prohibit, restrict and regulate the use of land in the municipality. Often a municipality passes a comprehensive zoning by-law. A zoning bylaw may contain a set of regulations and maps governing land uses within a municipality that: Divides a municipality into zones (e.g. residential, commercial, employment); Specifies how land within those zones may be used by establishing the types of uses permitted within each zone (e.g. single detached dwelling, office, restaurant, etc.); and, Specifies criteria for development within each zone including: o where buildings and other structures can be located within a parcel of land; o the types of uses that are permitted (e.g. single detached dwelling, restaurant, apartment building, day care facility); o lot size; o parking requirements; and, o building heights and setbacks from the street and adjoining properties. Zoning by-laws are read and interpreted by many people including land owners, land purchasers, developers, planners, building and by-law officials, Council, the Committee of Adjustment, architects, lawyers, consultants and real estate agents for a variety of purposes, such as: Determining permitted uses and development standards for parcels of land, buildings and structures; Determining the development potential of land and buildings; Evaluating and making decisions on development applications based on their compliance to the Town s Zoning By-law; and, Evaluating and making decisions on applications for Minor Variances requesting relief from Zoning By-law provisions. A zoning by-law implements the objectives and policies of an official plan and is a legal tool that allows a municipality to regulate land use, as well as the scale and intensity of development. Zoning by-laws can also serve to protect areas by preventing incompatible uses. Zoning by-laws are authorized by Section 34 of the Ontario Planning Act. Amendments are made to zoning by-laws from time to time to change the zoning on a specific property or of an area. A Zoning By-law Amendment may change the permitted uses or development standards to accommodate a type of land use or size/configuration of building that is not currently permitted. Zoning By-law Amendments may be in the form of changes to specific or broad zoning provisions; these types of changes are usually a result of a municipally-initiated study or a municipality s comprehensive review of their zoning by-law, as explained in Section 1.3. Zoning By-law Amendments may also be in the form Discussion Paper: Pickering Village Page 1

5 of a Zoning Exception; these types of changes are site specific and usually made as a result of an approved development application that, for example, requests the permission of an additional use on a property. Changes to a zoning by-law can also be made through a Minor Variance for a specific property. A Minor Variance does not change the zoning of a property, but rather excuses the development from specific provisions of the zoning by-law, such as building height or maximum lot coverage, or permits a minor change to the use of the property. 1.2 Zoning By-laws versus Guidelines, Site Plan Control and Other Municipal By-laws As mentioned in Section 1.1, a zoning by-law is a tool for implementing Official Plan policies. However, because the Planning Act is specific on what can and cannot be regulated through zoning, not all Official Plan policies are appropriate or permitted for implementation through a zoning by-law. In addition to zoning by-laws, municipalities have other tools they can use to achieve the intent, goals, and policies of an Official Plan. Urban design guidelines are a tool used to enhance the quality of development within a particular area (e.g. historic area, employment area) by outlining specific design criteria and providing examples. Urban design guidelines can advance the policies, goals and principles of an Official Plan and help translate these directions into desired outcomes for the design of streets, parks, open spaces, landscaping, or the look of buildings. However, even though guidelines are Council adopted documents, they do not have the legal enforceability that zoning by-laws possess. Site Plan Control is another tool municipalities have to shape development. A municipality s authority to use Site Plan Control is regulated by Section 41 of the Ontario Planning Act. The purpose of Site Plan Control is to review a development s design features. Site Plan Control involves the review and approval of detailed plans that address issues such as landscaping, building elevations, site access and servicing, waste storage, pedestrian circulation, parking, and loading. Even though the Planning Act gives municipalities the authority to require development applications undergo Site Plan Control through a Site Plan Control By-law, design elements subject to Site Plan Control are not subject to the same regulatory provisions of zoning. In addition to a zoning by-law, municipalities can also regulate aspects of development through other types of municipal by-laws. The majority of municipal by-laws are passed under the authority of the Municipal Act, Building Code Act, and Planning Act. Municipalities pass by-laws for various reasons, including to ensure public safety, eliminate public nuisances, or set minimum standards for property maintenance. Other types of municipal bylaws that relate to land use development include Tree Protection By-laws, Outdoor Lighting By-laws and Fence By-laws. Like a zoning by-law, all other types of municipal by-laws are legally enforceable. Discussion Paper: Pickering Village Page 2

6 1.3 Comprehensive Zoning By-law Review The current, in-effect zoning by-law for the Town of Ajax is Zoning By-law as amended, which was adopted by Ajax Council on July 14, Since 2003, the Town has passed approximately 140 Zoning By-law Amendments stemming from development applications and Town-initiated studies. During that same time, nearly 800 Minor Variance applications have been approved by the Committee of Adjustment. The Town of Ajax is undertaking its first comprehensive review of Zoning By-law This review has been triggered by the Town s recently completed comprehensive review of its Official Plan. With Council s adoption of a new suite of official plan policies, the Town s Official Plan provides strategic direction that: Responds to climate change and advancing environmental protection through new development and enhanced planning practices; Improves the built environment through pedestrian-oriented and sensitive urban design; Promotes cultural heritage preservation; Directs residential intensification to strategic locations including the Downtown, the Uptown, along specified arterial road corridors and in other locations; Promotes appropriate development of employment lands; and, Advances new transportation policies that address road requirements, transit-supportive development and active transportation. This Comprehensive Zoning By-law Review will examine and address the following in the development of amendments to Zoning By-law : New Official Plan policies; Town Guidelines; and applicable policies, plans and legislation from other levels of government that should be implemented in the Zoning Bylaw; Zoning Exceptions and Minor Variances that have been approved since the Zoning By-law came into effect to identify trends that may warrant amendment to the Zoning By-law; and, Substantive challenges and technical difficulties staff and stakeholders have encountered to date in implementing existing Zoning By-law provisions to determine if they warrant amendment to the Zoning By-law. These Discussion Papers are a starting point for the conversation on what matters may reasonably be implemented through zoning regulations. Detailed analysis on matters that can be addressed in the Zoning By-law versus matters better suited for a Guideline, municipal by-law, or Site Plan Control will be provided in forthcoming Technical Reports. Discussion Paper: Pickering Village Page 3

7 1.4 Purpose of this Discussion Paper Pickering Village contains Ajax s only traditional historic main street and includes a collection of attractive heritage buildings and spaces that evolved through the modern era with largely compatible newer development. The vision for the area is one that builds on the Village s unique wealth of heritage assets to create a cultural destination, a mix of residential, retail and business uses and where natural features are protected and enhanced. This Discussion Paper will review the permitted uses, development standards, and general provisions for the following zones: Village Core Mixed Use One (VC1) Zone o Old Kingston Road Area Village Core Mixed Use Two (VC2) Zone o Kingston Road / Church Street Area Village Core Mixed Use Three (VC3) Zone o Kingston Road east of Church Street Village Core Mixed Use Four (VC4) Zone o Church Street south of Randall Drive Residential One - B (R1-B) Zone (within the Pickering Village Project Area Boundary) o Elizabeth Street, Church Street North and South Residential Multiple Four (RM4) Zone (within Pickering Village) o Apartment blocks on Old Kingston Road and Church Street South Residential Multiple Six (RM6) (within Pickering Village) o Vacant lot proposed for condominium townhouse development on Travis Lane The boundaries of Pickering Village in the Town s Official Plan, Pickering Village Community Improvement Plan and Pickering Village Heritage Conservation District Plan vary. Details on each of these Plans are provided in Section 2 of this Discussion Paper. The boundaries of Pickering Village as illustrated in the Pickering Village Community Improvement Plan (see Figure 1) will be used for the purposes of this Review. Figure 1: Map of Pickering Village Community Improvement Plan Project Area Boundaries and associated Zone Categories Discussion Paper: Pickering Village Page 4

8 The Institutional-A (I-A) Zone within Pickering Village shown in Figure 1 will not be addressed in this Discussion Paper; it is addressed in the Stable Neighbourhoods Discussion Paper. The Cemetery (CE) and Environmental Protection (EP) Zones within Pickering Village shown in Figure 1 will not be addressed in this Discussion Paper; they are addressed in the Greenlands System Discussion Paper. 1.5 We Want to Hear From You The release of this and other Discussion Papers identified in the Foreword completes the first step in the Comprehensive Zoning By-law Review. See Section 4.0 (Next Steps) for an overview of the project process and timing. Zoning Our Future: Comprehensive Zoning By-law Review c/o Stev Andis, MCIP, RPP - Senior Policy Planner Planning & Development Services Town of Ajax 65 Harwood Avenue South Ajax, ON, L1S 2H9 Tel: ext.3257 Fax: ZoningOurFuture@ajax.ca Please submit your comments on any or all of the Discussion Papers no later than December 11, There is an opportunity for all interested parties to provide comments and feedback on this and other Discussion Papers. Throughout 2015, staff will hold a series of public consultation and outreach events to provide background information, discuss issues and opportunities, and to obtain feedback. All comments on this and other Discussion Papers will be reviewed and considered in the development of Technical Reports that will provide a detailed analysis on matters that should be addressed in zoning and an outline of proposed amendments to Zoning By-law If you would like to be notified of upcoming open houses, public meetings, and other events please send your name, address, telephone number, and address to: Discussion Paper: Pickering Village Page 5

9 2.0 The Planning Framework The legislative and policy environment has changed since the passing of Zoning By-law with the introduction of new planning documents by various levels of government, including the Growth Plan for the Greater Golden Horseshoe, 2014 Provincial Policy Statement, and amendments to the Durham Regional Official Plan and Town of Ajax Official Plan. This section provides a brief overview of key Provincial, Regional, and Town of Ajax legislation, policies and Guidelines that need to be considered in the review of the zones in Pickering Village. 2.1 Planning Act The Planning Act establishes the rules and process for land use planning in Ontario. It outlines matters that are of a Provincial interest, including the conservation and management of significant architectural, cultural, historical, archaeological or scientific interest properties and buildings. The Planning Act authorizes municipalities to control the use of land and the use of buildings either on a Town-wide basis or within a defined area or areas. It also provides municipalities with the authority to regulate the type of construction and the height, bulk, location, size, floor area, spacing, character and use of building or structures; as well as the authority to require the provision and maintenance of parking facilities on the site. However, municipalities cannot enact a zoning by-law that would control the people who occupy land or a building or distinguish between persons who are related and persons who are unrelated in respect of the occupancy. 2.2 Ontario Heritage Act The Ontario Heritage Act came into force in 1975 and was amended in 2005 to provide municipalities and the Province legislation to protect and preserve heritage properties as well as archeological sites that are of value within a community. The Act allows municipalities to designate individual properties of cultural heritage value or interest and designate entire areas as a Heritage Conservation District. Once a property or District has been designated, the owner must apply to the municipality for a permit to alter the heritage features of that property or to demolish any buildings or structures on the property. The legislation also mandates the Ontario Heritage Trust, a Crown agency, and the Conservation Review Board, a tribunal that hears objections to municipal and provincial decisions under the Act Provincial Policy Statement The 2014 Provincial Policy Statement (2014 PPS) which came into effect on April 30, 2014, provides policy direction on matters of provincial interest related to land use planning and development. The 2014 PPS replaces the 2005 PPS. Fundamental policies in the 2014 PPS focus on building strong healthy communities, Discussion Paper: Pickering Village Page 6

10 conserving significant built heritage resources, significant cultural heritage landscapes and archaeological resources, wise use and management of resources, and protecting public health and safety. The 2014 PPS applies to all land within Ajax. With regard to maintaining the historic village character of Pickering Village, the 2014 PPS directs municipalities to: Conserve significant built heritage resources (i.e. designated and listed heritage properties) and significant cultural heritage landscapes; Prohibit development and site alteration on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved; Prohibit development and site alteration on adjacent lands to protected heritage property except where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved; Consider and promote archaeological management plans and cultural plans in conserving cultural heritage and archaeological resources; and, Consider the interests of Aboriginal communities in conserving cultural heritage and archaeological resources. Applicable policies from the 2005 PPS were incorporated into the Town s current Official Plan through the recently completed comprehensive review of its Official Plan. However, even though the 2014 PPS came into effect after the Town completed the comprehensive review of its Official Plan, the Official Plan already addresses new 2014 PPS policies related to built heritage and cultural heritage resources. 2.4 Growth Plan for the Greater Golden Horseshoe The Growth Plan, which came into effect on June 16, 2006 provides a framework to implement the Provincial vision to build stronger, prosperous communities by managing and directing growth to built-up areas in the Greater Golden Horseshoe (GGH) region. The Growth Plan applies to land within the Town s Urban Area Boundary (see Figure 2 on the next page). The Growth Plan indicates that the GGH region, of which Ajax is a part, is one of the fastest growing regions in North America and will account for over 80% of Ontario s population growth. Since the Growth Plan came into effect on June 16, 2006, there have been 2 amendments to the Plan. One of these amendments, Amendment 2, is worth noting. Amendment 2 came into effect on June 17, 2013; it updates the Growth Plan s population, housing and employment forecasts for the GGH from a 2031 planning horizon out to With regard to cultural heritage properties and development, the Growth Plan directs municipalities to: Discussion Paper: Pickering Village Page 7

11 Wisely protect and manage cultural heritage assets that are essential for the long-term economic prosperity, quality of life, and environmental health of the region; Create mixed-use, pedestrian-friendly urban environments; Develop complete communities with a diverse mix of land uses; and, Focus residential development in intensification areas. Applicable policies from the Growth Plan were incorporated into the Town s current Official Plan through the Town s recently completed comprehensive review of its Official Plan. However, the Town s population, housing and employment forecasts in the Official Plan project out to 2031 and not 2041 as recently reflected in Amendment 2 to the Growth Plan. These updated forecasts and 2041 planning horizon will be considered during the Town s next comprehensive review of its Official Plan and then implemented into the Zoning By-law through a subsequent Comprehensive Zoning By-law Review. 2.5 Durham Region Official Plan Figure 2: Excerpt from the Growth Plan for the Greater Golden Horseshoe - Schedule 2 Places to Grow Concept The Durham Regional Official Plan (DROP) outlines the intent of Regional Council to guide growth and development throughout the Region. Ajax is a lower-tier municipality within the Region of Durham, and as such is required to have its Official Plan conform to the DROP. The DROP establishes a future development pattern in the Region by delineating Living Areas which are to be comprised of communities that have a variety of housing types, sizes and tenures to provide living accommodation that address Discussion Paper: Pickering Village Page 8

12 various socio-economic factors. The DROP applies to all land within Ajax s Town Boundary (see Figure 3) and is supportive of built and cultural heritage conservation. With regard to cultural heritage preservation, the DROP directs municipalities to: Live in harmony with the natural environment and heritage of the Region; Preserve and foster the attributes of communities and the historic and cultural heritage of the Region; and, Conserve, protect and/or enhance Durham's built and cultural heritage resources. The DROP also contains policies encouraging Councils of the area municipalities to utilize the Ontario Heritage Act to: conserve, protect and enhance the built and cultural heritage resources of the municipality; to establish Municipal Heritage Committees to consult regarding matters relating to built and cultural heritage resource planning; and to designate heritage conservation districts and properties as provided for in the Ontario Heritage Act. Additionally, the Region of Durham directs the Town to plan for and accommodate the Growth Plan s population, housing and employment projections that the Region has allocated to the Town through the DROP. Figure 3: Excerpt of the Durham Regional Official Plan - Schedule A-4 Regional Structure Applicable policies from the DROP were incorporated into the Town s current Official Plan through the Town s recently completed comprehensive review of its Official Plan. Similar to the Town s Official Plan, population, housing and employment forecasts in the DROP project out to 2031 and not 2041 as recently reflected in Amendment 2 to the Growth Plan. Discussion Paper: Pickering Village Page 9

13 2.6 Town of Ajax Official Plan The Official Plan describes how land should be used and how natural resources should be protected. It provides a policy framework for all types of development (e.g. residential, employment, retail, parks, etc.) and maps that guide where and how development will be distributed throughout the Town (see Figure 4). The Ajax Official Plan designates most of Pickering Village and its nearby surrounding residential areas as Village Centre and offers the following policies: Heritage resources, both buildings and open spaces, are proudly restored and celebrated; There is a focus on arts and cultural activities that provide a range of opportunities for all residents of Ajax and Durham; Old Kingston Road becomes a vibrant, thriving, beautiful shopping street filled with pedestrians at all times of the day; Businesses will flourish and, through an appropriate diversity, create a self-contained mixed use area that meets the needs of local residents and draws people from across the Region; Public spaces are designed in order to provide for the needs of many users at various times of day and year; Streetscapes and sidewalks are attractive and inviting both for passersby and pedestrians; Natural features, including the canopy of mature trees, and connections to the Town s trail systems are appropriately protected and enhanced; and, Figure 4: Town of Ajax Official Plan Schedule A-1 - Land Use Discussion Paper: Pickering Village Page 10

14 Pedestrians and cyclists feel welcome and can safely travel on streets with links to the off-street path system. As such, development within the Village Centre designation shall be compatible with existing development in terms of the design and scale of the historic, small town characteristics. Likewise, through high-quality, contextually-sensitive urban design and architecture, development projects shall complement and enhance the Village s heritage character. Permitted uses within the Village Centre designation are such uses as retail stores and personal service shops, financial institutions, restaurants, medical or professional offices, bed and breakfast establishments, and medium and low density housing. In order to enable compatible, smaller-scale, pedestrian-oriented shopping centres, no individual retail use in the Village Centre may exceed 300 square metres of gross floor area. Pickering Village is also identified as an Intensification Area in Schedule A-2 of the Official Plan (see Figure 5). The Official Plan directs intensification to a network of Centres and Corridors in order to meet the Growth Plan s population and housing projections that have been allocated to Ajax through the DROP. Intensification in the Village Centre is intended to build upon the historic character of the old village, Old Kingston Road and the core area around Church Street and Kingston Road. Through incremental infill with low to mid-rise buildings that address and enliven the street, this area is intended to intensify as a local shopping and residential node. Figure 5: Town of Ajax Official Plan Schedule A-2 - Intensification Areas Discussion Paper: Pickering Village Page 11

15 2.7 Pickering Village Land Use and Urban Design Study In 2008, the Town of Ajax approved the Pickering Village Land Use and Urban Design Study to establish a long term vision and design guidelines to improve this historically significant area. as a whole. The Study provided a comprehensive strategy and approach aimed at revitalizing retail activity along Old Kingston Road and preserving the heritage quality of the community. Various recommendations from the Study, including those that provide direction on evolving Pickering Village into a mixed use, pedestrian-oriented, transit-supportive, heritage district that functions as an arts and cultural hub, have already been implemented in the Official Plan and Zoning By-law. The Study also provided the basis for the subsequent Community Improvement Plan. The Study recommended that a Community Improvement Project Area (see Figure 6) be established within the Village and that various financial incentives be explored. The Pickering Village Community Improvement Plan was approved by Council in November 2013, offering six different financial incentive programs for eligible development/redevelopment projects. 2.8 Pickering Village Heritage Conservation District Plan Figure 6: Pickering Village Community Improvement Plan Project Area Boundaries The Study recommendations represent a commitment to provide clarity between the public and private realms and unify the Village The Pickering Village Heritage Conservation District Plan was approved by Council in November 2013 and provides additional protection and design standards for properties and public spaces within the District. There are 58 properties included within the District and comprise of commercial, residential, institutional and environmental protection uses (see Figure 7 on the next page). The District is representative of the development and growth of an Ontario milling and commercial village, with associated residential areas, dating from the mid-19 th through the early 20 th centuries, with largely compatible modern development. Discussion Paper: Pickering Village Page 12

16 Figure 7: Pickering Village Heritage Conservation District Boundaries Discussion Paper: Pickering Village Page 13

17 3.0 Current Zoning Framework Since Zoning By-law was passed by Council in 2003, the Town undertook a comprehensive review of the Official Plan and completed a Heritage Conservation District Study for the Village. Many Official Plan policies related to heritage conservation would not be considered appropriate for implementation in the Zoning Bylaw; however, many of the recommendations from the Heritage Conservation District Study will be examined as part of this Review. Additionally, staff and various stakeholders have had an opportunity to work extensively with the Zoning By-law and have identified opportunities to improve how it works. The following observations are a starting point for the conversation on what should be examined in the comprehensive review of the Zoning By-law related to development within Pickering Village. Detailed analysis on these and other matters brought up during public consultation for this and other Discussion Papers will be addressed in forthcoming Technical Reports. 3.1 Overview of Designations and Zones Sections 6.3.1, 6.3.2, and of the Zoning By-law set out the permitted uses and development standards (e.g. height, lot coverage and setbacks) for the Village Core Mixed Use Zones that will be examined in this Discussion Paper: Village Core Mixed Use One (VC1) Zone Village Core Mixed Use Two (VC2) Zone Village Core Mixed Use Three (VC3) Zone Village Core Mixed Use Four (VC4) Zone Additionally, as noted in Section 1.4 of this Discussion Paper, the following Residential Zones, located within the boundaries of Pickering Village as shown in Figure 1, will also be examined in this Discussion Paper: Residential One-B (R1-B) Zone Residential Multiple Four (RM4) Zone Residential Multiple Six (RM6) Zone The following Table is a summary of the primary uses found within the Village Mixed Use Zones and Residential Zones within Pickering Village. A detailed review of the permitted uses and specific development standards, as well as Zoning Exceptions and Minor Variances for each of the above noted zones is provided in the Appendix. Zone Location VC1 VC2 Old Kingston Rd South side Kingston Rd Official Plan Primary Uses Designation Village Centre Variety of commercial/ retail/office /restaurant uses (no drive-through or automotive uses unless existing) Apartments on upper floor w/ ground level commercial Village Centre Variety of commercial/ retail/office /restaurant uses (no drive-through Discussion Paper: Pickering Village Page 14

18 Zone Location VC3 VC4 at Church St intersection Kingston Rd W (Church St to Rotherglen Rd) & s/w corner of Church St & Randall Dr east side of Church St S, south of Lincoln St, to north leg of Christena Cres Official Plan Designation Primary Uses or automotive uses unless existing) Apartments on upper floor w/ ground level commercial Village Centre Limited commercial uses including art gallery & retail (max 140 m 2 ), office, personal service shop Apartments on upper floor w/ ground level commercial Village Centre Limited commercial uses including art gallery & retail store (max 140 m 2 ), office, personal service shop in conjunction with 1 apartment having a minimum of two bedrooms Zone Location RM6 RM4 North and South, and Linton Ave Travis Lane (not built yet) Apartment blocks on Old Kingston Rd and Church St S Official Plan Designation Primary Uses Village Centre Townhouse and Apartment/ Condominium Village Centre Townhouse and Apartment/ Condominium Table 1: Summary of Zones within Pickering Village Pickering Village is comprised of a mix of commercial buildings located primarily along Old Kingston Road, with various residential detached buildings along Kingston Road West and Church Street South. Newer developments are generally concentrated along Old Kingston Road and on the south side of Kingston Road from Church Street to Randall Drive. In addition, two apartment buildings, well setback from the street, were built along Church Street South. Detached Dwelling and Lodging House R1-B Fringe properties along Elizabeth St, Church Street Low Density Residential Detached dwelling Discussion Paper: Pickering Village Page 15

19 3.2 Heritage Conservation District (HCD) The following subsections highlight recommendations within the Pickering Village HCD Plan that should be examined as part of this Review Building Heights The historic built character of Pickering Village is comprised of heights of between 1 ½ to 2 storeys. Generally, it is recommended that the height of a residential building in the Heritage Conservation District should not be less than 80% or more than 120% of the average height of adjacent buildings (adjacent means across the road from, as well as contiguous with the subject property). Currently, the R1-B zone permits a maximum height of 11 metres, which is significantly taller than existing residential buildings found within the R1-B Zone in the HCD. This Review is an opportunity to examine the establishment of minimum and maximum building heights that are sensitive to the character of existing buildings in Pickering Village s Residential Zones Angular Planes Angular planes are imaginary lines, often drawn at a 45 degree angle from a lot line to regulate building height on properties adjacent to low-rise stable areas. The use of angular planes from existing heritage properties will be explored to ensure that any new development respects, gives prominence to, and does not overwhelm existing heritage buildings. This is particularly true in the commercial core along the south side of Kingston Road West from Randall Drive to Church Street and along Church Street South (both sides) to Lincoln Street. This will enable better control of height and distance relationships between new construction and adjacent heritage buildings Setbacks to Heritage Buildings Another recommendation from the Pickering Village HCD Plan that should be examined through this Review is that new additions to a heritage building should be recessed a minimum of 2 metres from the main front building wall in order to give prominence to the heritage building. This would also create a sheltered area for pedestrian comfort and lend visual interest to the street Front Yards Front yard and side yard setbacks are an important component of village character. For example, the residential properties along Church Street North have a very generous front yard setback (see Figure 8). Zoning for areas such as this should ensure that this important characteristic is maintained. Figure 8: Large front yard setbacks along Church Street North within the Heritage Conservation District Discussion Paper: Pickering Village Page 16

20 3.2.5 Maximum Building Width In order to ensure that new commercial development respects the village fabric of smaller buildings on a lot with spaces in between buildings, a maximum building width should be explored through this Review. The HCD Plan recommends that new commercial buildings shall be subdivided into elements with building widths no greater than 20 metres wide with a break or connecting separation of 5 metres wide and a 2.5 metres setback to respect the general spacing of buildings in the commercial core and to provide an area for enhanced pedestrian comfort (see Figure 9) Designing Buildings to the Street The HCD Plan provides a number of urban design recommendations regarding principle pedestrian entrances that face the principal street, rear yard parking and front yard patios that will be examined through this Review Detached Garages New garages within the HCD should be designed to respect the traditional siting as a separate rear outbuilding. In instances where the garage is to be connected to the main building, it should be designed to minimize the street presence and be either set well back from the front building wall or the doors should face a side lot line. This matter requires further consideration through this Review. 3.3 Refine General Provisions for Pickering Village Figure 9: Example of a recessed building front Section 4.0 of the Zoning By-law outlines general provisions that apply to all properties in Ajax. A number of those provisions such as the requirement for wide landscape buffers, extensive daylighting triangles, and wide drive aisles are not well suited to development in Pickering Village as they do not reflect the heritage character of the district. Consideration should be given to developing general provisions that are specific to properties in Pickering Village. Discussion Paper: Pickering Village Page 17

21 3.4 Clarify Zoning Provisions Many of the zoning provisions for Pickering Village are in the form of footnotes. In general, these footnotes are lengthy and written in a manner that is difficult to interpret. Further, some footnotes are written for specific lots or scenarios within the Village. For example, in order to find the setbacks in the VC1 Zone in Section 6.3.2, one would have to navigate through a chart that contains 18 footnotes. This Review should examine ways in which to make these footnotes easier to understand, perhaps by using graphics to convey intent, as shown in Figure Permitted Uses Both residential and commercial uses play a vital role in the overall health and success of Pickering Village. The following subsections outline opportunities for ensuring the character and vitality of Pickering Village is protected and enhanced Broaden Commercial Permissions There are commercial uses that may be appropriate within Pickering Village that are not currently contemplated within the Zoning By-law. For example, take-out restaurant operations, commercial schools, restaurants and veterinary clinics are currently not permitted, but may be appropriate in certain areas of the VC3 and/or VC4 zones. Figure 80: Urban Design and Built Form Guidelines for Pickering Village Average Setback Line Demonstration Diagram Figure 91: Maraschino Café at 109 Old Kingston Road Discussion Paper: Pickering Village Page 18

22 The Zoning By-law places a gross floor area limitation of 140 m 2 on art galleries and retail stores, which is intended to ensure a variety and diversity of shop fronts along the street. It also only permits personal service shops and offices in conjunction with one residential unit containing a minimum of two bedrooms on the same lot. However, these provisions may be unnecessarily restrictive and could preclude appropriate commercial opportunities. It is also noted that a bed and breakfast establishment is not a permitted use within Pickering Village, which does not align with the vision for the area as a tourism destination. Permissions for home based businesses and live-work units should also be investigated. ground level commercial uses. Other housing forms such as livework units, and stacked townhouses should be considered, provided active retail oriented uses can still be provided at-grade Add New Residential Uses Garden Suites are freestanding buildings containing one or two rooms as separate and independent housekeeping units on lots with existing homes. Garden suites are normally provided in rear yards. Due to the size of a number of properties within Pickering Village, the potential exists to allow for a Garden Suite (perhaps along Kingston Road West) as an additional permitted use. These units can be sensitively designed while allowing for alternative, practical and affordable housing opportunities Refine Existing Residential Permissions Each zone within Pickering Village permits different types of residential uses. For example, apartment dwellings are permitted throughout Pickering Village, but only on the upper floor of a building with ground level commercial uses; whereas detached dwellings are only permitted in the VC4 Zone and apartments are only permitted in the RM4 Zone. The current range of permitted residential uses is very limited and does not recognize situations where a dwelling can include a home based business or an accessory apartment. Additionally, consideration should be given to broadening residential permissions in the VC2 Zone for properties at the south side of the Church Street/Kingston Road intersection. The VC2 zone only permits an apartment dwelling on the upper floor with Figure 12: Example of a Garden Suite Discussion Paper: Pickering Village Page 19

23 3.6 Consider a New Zone Category The outlying residential areas of Pickering Village (i.e. Elizabeth Street and Church Street) are zoned R1-B, which permits single detached dwellings. Dwellings in these areas and some of the surrounding areas along Sherwood Road, Christena Crescent, Windsor Drive, Linton Avenue and Cameron Street contain smaller historic houses with different siting, setbacks, frontages and building heights than other dwelling types commonly found in the R1-B zones elsewhere in Ajax. This Review will examine whether it is appropriate to protect for this existing Village pattern through standards which are more reflective of the existing pattern of development in these areas. It may be worthwhile to consider a new zone category specific to the Pickering Village detached dwellings (i.e. Village Core Residential Zone - VCR). 3.8 Wish List Properties The Zoning By-law refers to wish-list properties. To ensure that language in the Zoning By-law is consistent with terminology established in the Ontario Heritage Act, these properties should be referred to as listed properties. 3.7 Pickering Village is Unique Pickering Village is a unique area within Ajax, with a distinct vision. Consideration should be given to creating a separate section in the Zoning By-law, similar to the Downtown, which establishes permitted uses, development standards and general provisions, such as specific regulations for accessory buildings and outdoor patios, for zones within Pickering Village. A new section would reinforce that development expectations for the Village are not interchangeable with standards elsewhere in Ajax. Discussion Paper: Pickering Village Page 20

24 4.0 Next Steps The release of this and other Discussion Papers begins the Comprehensive Zoning By-law Review process. The Discussion Papers make suggestions for changes to the Zoning By-law based on staff s review of the Town of Ajax Official Plan, a review of other relevant documents, and staff s experience in implementing the Zoning By-law. Several Public Open House Events to present the Discussion Papers will be held September 2015 through to November Public consultation and comment on these Discussion Papers is requested. Comments on all Discussion Papers must be submitted by December 11, See Section 1.5 for details on how to submit your comments. Further information on the Comprehensive Zoning By-law Review and an online Comment Form is available at: ajax.ca/zoningourfuture Figure 13: Comprehensive Zoning By-law Review Time Line In the Fall of 2016, detailed Technical Reports outlining suggested amendments to the Zoning By-law will be released for public review and comment. Subsequently, Draft Zoning By-law Amendment(s) will be released for comment and presented at a Statutory Public Open House in the Spring of All comments received on the Draft Zoning By-law Amendment(s) will be considered in the preparation of Proposed Zoning By-law Amendment(s) that will be brought before Town of Ajax Community Affairs and Planning Committee at a Statutory Public Meeting in the Fall of Discussion Paper: Pickering Village Page 21

25 Appendix Common Zoning Provisions for Zones in Pickering Village Many zoning provisions related to matters such as accessory buildings, garages and parking are common for all zones in Pickering Village addressed in this Discussion Paper. The following is a summary of those common provisions. General Provisions and Common Zone Standards Section 4 of the Zoning By-law outlines general provisions that apply to various types of zones. Uses within the Village Core Mixed Use Zones are also subject to regulations regarding: Accessory Buildings and Structures; Encroachment of features like steps or canopies into a front, rear, or side yard; Platforms (e.g. decks); Daylighting Triangles (at intersections); and, Landscaped Buffers (9 m for a Type B Arterial Rd including Kingston Rd W and Church St N & S). Uses within the Residential Zones are also subject to regulations regarding: Accessory Buildings and Structures; Encroachment of features like steps or canopies into a front, rear, or side yard; Platforms (e.g. decks); Accessory Apartment; and, Home Based Business. Garages and Driveways Section and of the Zoning By-law provides further regulation for garages and driveways for Residential Zones. In the R1-B Zone, the maximum driveway width is 6.1 metres. In the RM4 and RM6 zones there is no specified width; however the maximum driveway width shall not exceed the width of the garage. Parking Standards Section 5 of the Zoning By-law outlines parking standards. Generally parking for non-residential uses is based on the type of use and in several cases there are specific parking requirements for Village Core Mixed Use Zones (versus other commercial areas or the Downtown). Restaurants for example require more parking spaces (6 spaces per 100 m 2 of gross floor area) than Offices (3 spaces per 100 m 2 of gross floor area). Section 5.4 of the Zoning By-law speaks to the location of parking spaces. It states that no parking, driveways or other service related components shall be permitted in any part of a building s front yard and/or exterior side yard except for existing detached dwellings or a detached dwelling converted to a commercial use. Discussion Paper: Pickering Village Page 22

26 Section provides drive aisles widths. A two way drive aisle with no adjacent parking is 7.0 m wide while a one way is 4.5 m wide. A minimum of 2 parking spaces is required for detached dwellings (R1-B). An Accessory Apartment or Home Based Business associated with a dwelling would each require an additional parking space. A minimum of 1.5 spaces per unit for occupants and 0.25 spaces per unit for visitors is required for dwellings and apartments in the RM4 and RM6 zones. Bed and Breakfast Establishments, Lodging Houses and other permitted uses in Residential Zones also have specific parking space requirements (see Section of the Zoning By-law). For all Residential Zones, parking in the front yard is restricted to the driveway and the area for parking on the property cannot be more than 30% of the aggregate area of the side yard and rear yard, with the exception of parking spaces accessed by a rear lane. Summaries of Individual Village Core Mixed Use Zones and Residential Zones within Pickering Village The following pages provide individual summaries of the permitted uses, development standards, Zoning Exceptions and Minor Variances for each of the Village Core Mixed Use Zones as well as the Residential Zones (R1-B, RM4, RM6) found within the Pickering Village Project Area Boundary. Discussion Paper: Pickering Village Page 23

27 Village Core Mixed Use One (VC1) Zone The VC1 Zone regulates uses generally within the historic commercial core of Pickering Village and permits a wide range of commercial and other uses including art galleries, commercial fitness centres, commercial schools, convenience stores, crisis care facilities, day care facilities, dry cleaning depots, dry cleaning establishments, financial institutions, funeral homes, hotels, selfserve laundromats, libraries, licensed and unlicensed accessory outdoor patios, medical clinics, museums, offices, personal service shops, places of assembly, places of entertainment, places of worship, restaurants, retail stores, service or repair shops and veterinary clinics. Apartments are permitted on the upper floors of mixed use buildings. Figure 14: VC1 zoned properties along Old Kingston Road The VC1 zone is located predominantly along Old Kingston Road, but one area in the VC1 zone is situated on the north side of Kingston Road, east of Rotherglen Road; outside the Pickering Village Project Area Boundary used for the purposes of this Discussion Paper. Figure 15: VC1 Zone distribution, and location of approved Minor Variances and Zoning Exceptions Discussion Paper: Pickering Village Page 24

28 Section of the Zoning By-law establishes standards for development within the VC1 Zone, including the following: Min. Lot Frontage Min. and Max. Setback from Front Lot Line and Exterior Side Lot Line Min. Floor Space Index Max. Floor Space Index Min. Height Max. Height Max 15 m for specific uses in multi-unit buildings No greater than 1.5 m from established setback of neighbouring heritage buildings, subject to detailed provisions. Individual retail and service commercial uses not to exceed 300 m x the area of the lot 2 storeys 4 storeys or 12.5 m, whichever is greater There are 2 Zoning Exceptions that apply within this zone: A total of 9 Minor Variances have been approved within this zone since Approved Minor Variances in the VC1 Zone Type of Minor Variance No. of Applications Percentage Accessory Building % Driveway Widening % Interior Side Yard Setback % Landscape Buffer % Parking Space Reduction % Total % Table 3: Approved Minor Variances in the VC1 Zone Significant trends in the above noted Exceptions and Minor Variances include parking space reductions, changes to the interior side yard setback and reduced landscape buffers. Approved Exceptions in the VC1 Zone Exc. Location Exception Summary Old Kingston Rd and 368 Kingston Road W No on-site parking required. Max interior side yard m Max rear yard m 3.0 m landscaped buffer and 1.8 m privacy fence adjacent to low density residential uses Table 2: Approved Exceptions in the VC1 Zone Discussion Paper: Pickering Village Page 25

29 Village Core Mixed Use Two (VC2) Zone The VC2 Zone regulates uses in the vicinity of Church Street and Kingston Road in Pickering Village. The permitted uses in the VC2 zone are identical to those in the VC1 zone. Figure 16: Properties on the south side Kingston Road, between Church Street and Randall Drive in the VC2 Zone The VC2 zone is located predominantly on the south side of Kingston Road, between Church Street and Randall Drive, and on both sides of Church Street, between Kingston Road and Randall Drive/Lincoln Street. This zone is intended to correspond with higher density land use permissions, and urban built form as recommended through the Pickering Village Land Use Planning and Urban Design Study. No substantive development has occurred within this zone since the passage of the Pickering Village Zoning By-law in Figure 17: VC2 Zone distribution and location of approved Minor Variances Discussion Paper: Pickering Village Page 26

30 Section of the Zoning By-law establishes standards for development within the VC2 Zone, including the following: Min. Lot Frontage Min and Max. Setback from Front Lot Line and Exterior Side Lot Line Min. Interior Side Yard and Rear Yard Min. Built Lot Frontage (Front and Exterior Side Streetwall) Min. Floor Space Index Max 15 m for specific uses in multi-unit buildings. Where building heights greater than 12.5 m and density exceeds 1.5 FSI, then minimum lot frontage is 75 m. Minimum 5.0 m from Kingston Rd and 7.0 m on the west side of Church St. 5.0 m in all other locations. 9.0 m next to a Residential Zone. 75% (along Kingston Rd W and Church St S) 1.0x the area of the lot There are no Zoning Exceptions within the VC2 Zone. Only 2 Minor Variances have been approved within this zone since Approved Minor Variances in the VC2 Zone Type of Minor Variance No. of Applications Percentage Parking Space Reduction 1 50% Drive Aisle Width Reduction 1 50% Total 2 100% Table 4: Approved Minor Variances in the VC2 Zone There are too few Minor Variance applications to determine any trends within this zone category. 1.5 x lot area for min 50 m wide lots on Kingston Rd, and 75 m wide lots on Church St Max. Floor Space Index Min. Height Max. Height Individual retail and service commercial uses not to exceed 300 m x the area of the lot 2 storeys 4 storeys or 12.5 m, whichever is greater Discussion Paper: Pickering Village Page 27

31 Village Core Mixed Use Three (VC3) Zone The VC3 Zone regulates uses generally to the east of the commercial core of the Village, and is characterized by residential housing forms along Kingston Road West. The VC3 Zone does not allow a broad range of commercial uses, and therefore the land use changes that have been permitted have taken place through zoning exceptions and minor variances. The permitted uses in the VC3 zone include art galleries and retail stores (not greater than 140 m 2 in buildings that existed prior to 2008), offices and personal service shops. Apartments are permitted on the upper floors of buildings with ground level commercial uses only. Figure 18: Many properties along Kingston Road West, between Church Street and Rotherglen Road are within the VC3 Zone Properties within the VC3 zone are located predominantly along Kingston Road West, between Church Street and Rotherglen Road, but a small pocket of VC3 zoned properties are on the west side of Church Street, south of Randall Drive. Figure 19: VC3 Zone distribution, and location of approved Minor Variances and Zoning Exceptions Discussion Paper: Pickering Village Page 28

32 Section of the Zoning By-law establishes standards for development within the VC3 Zone, including the following: Min. Lot Frontage Minimum and Maximum Setback from Front Lot Line and Exterior Side Lot Line Min. Setback from Rear Lot Line Min. Floor Space Index Max. Floor Space Index Min. Height - Max. Height 12.5 m Max 15 m for specific uses in multi-unit buildings No greater than 1.5 m from established setback of neighbouring heritage buildings, subject to detailed provisions. 7.5 m Individual retail and service commercial uses not to exceed 300 m x the area of the lot There are 6 Zoning Exceptions that apply within this zone. Approved Exceptions in the VC3 Zone Exc. Location Exception Summary Kingston Road W Kingston Road W Kingston Road W Kingston Rd. W. Min m from front porch to front lot line Max. building height 11 m Min. 35% front yard landscaping Min. 28 parking spaces Min. 11 parking spaces Additional Use - triplex Reduced landscape buffers adjacent to Kingston Rd. Approved Exceptions in the VC3 Zone Exc. Location Exception Summary Church St. S Church St. S. Reduced landscape buffers next to rear, front, interior side lot lines Min. 9 parking spaces Reduced parking stall length Reduced drive aisle width Additional use apartment dwelling on ground floor Reduced drive aisle width Reduced landscape buffers next to front rear and interior side lot lines. Table 5: Approved Exceptions in the VC3 Zone There are 7 Minor Variances that have been approved within this zone since Approved Minor Variances in the VC3 Zone Type of Minor Variance No. of Applications Percentage Accessory Building % Driveway Widening % Parking Space Reduction % Use % Total % Table 6: Approved Minor Variances in the VC3 Zone Significant trends in the above noted Exceptions and Minor Variances include parking space reductions, reduced building setbacks, reduced landscape buffers and additional permitted uses. Discussion Paper: Pickering Village Page 29

33 Village Core Mixed Use Four (VC4) Zone Permitted uses in the VC4 Zone include art galleries and retail stores (not greater than 140 m 2 in buildings that existed prior to 2008), offices and personal service shops; however, retail stores, offices and personal service shops are only permitted in conjunction with a residential dwelling unit, containing a minimum of two bedrooms. The VC4 Zone also permits a detached dwelling and a lodging house. Figure 20: Properties in the VC4 zone on the east side of Church Street, south of Lincoln Street Properties within the VC3 zone are located along the east side of Church Street South, south of Lincoln Street straddling the north end of Christena Crescent. Figure 21: VC4 Zone distribution and location of approved Minor Variances Discussion Paper: Pickering Village Page 30

34 Section of the Zoning By-law establishes standards for development within the VC4 Zone, including the following: There are too few Minor Variances to determine any trends within the VC4 zone category. Min. Lot Frontage Minimum and Maximum Setback from Front Lot Line and Exterior Side Lot Line Min. Setback from Interior Side Lot Line Min. Setback from Rear Lot Line Min. Floor Space Index Max 15 m for specific uses in multi-unit buildings No greater than 1.5 m from established setback of neighbouring heritage buildings, subject to detailed provisions. 1.2 m 7.5 m Max. Floor Space Index Min. Height - Max. Height 11 m Individual retail and service commercial uses not to exceed 300 m x the area of the lot There are no Zoning Exceptions that apply within this zone. A total of 3 Minor Variances have been approved within this zone since Approved minor Variances in the VC4) Zone Type of Minor Variance No. of Applications Percentage Accessory Building % Exterior Side Yard Setback % Interior Side Yard Setback % Total % Table 7: Approved Minor Variances in the VC4 Zone Discussion Paper: Pickering Village Page 31

35 Residential Zones (R1-B, RM4, RM6) within Pickering Village Permitted uses for the 3 Residential Zones within the Pickering Village Project Area Boundaries (see Figure 1) are as follows: R1-B Detached Dwelling, Accessory Apartment, Bed and Breakfast Establishment, Day Care Facilities (that existed on July 14, 2003), Group Home A, Home Based Business, Lodging House. RM4 Multiple Attached Dwelling, Apartment Dwelling, Day Care Facilities (that existed on July 14, 2003), Home Based Business. RM6 Maisonette Dwelling, Multiple Attached Dwelling, Day Care Facilities (that existed on July 14, 2003), Home Based Business Figure 23: Apartment building in the RM4 Zone on Church St. Figure 24: Vacant Lot, future condo townhouse development on Travis Lane in the RM6 Zone The performance standards differ between the zones as found in Section of the zoning by-law and summarized as follows: Figure 22: Properties in the R1-B Zone on Elizabeth Street R1- B Zone Min. Lot Frontage Minimum Lot Depth Min. Setback from Front Lot Line Min. Setback from Exterior Side Lot Line 15.0 m 33.5 m 6.0 m 6.0 m Discussion Paper: Pickering Village Page 32