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Recommendation: That, on the
recommendation of the Director, Land Use Planning and City Planner, the
following actions be taken with respect to the application of Dr. E.D.
Armogan, M.D., relating to the properties located at 550 Kingsway Avenue and
572 Wonderland Road North:
a) the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on February 21, 2012, to amend the Official Plan, to
change the existing “Low Density Residential” designation of the subject
lands by ADDING a special policy in Chapter 10 – “Policies for
Specific Areas” to permit a professional office and a medical/dental office
in a new building, together with one dwelling unit;
b) the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on February 21, 2012, to amend Zoning By-law No. Z.-1, (in
conformity with the Official Plan, as amended in part (a) above), to change
the zoning of the subject property FROM a Residential R1 (R1-9) Zone,
which permits single detached, semi-detached and duplex dwellings as the main
permitted uses, TO a Restricted Office Special Provision (RO ( ))
Zone, to permit one professional office and one medical/dental office in a
new building, together with one dwelling unit, with the front lot line
defined as Wonderland Road North, a minimum front yard depth of 0 metres (0
feet), a maximum front yard depth of 1.8 metres (5.91 feet), a minimum
interior side yard depth of 0 metres, a maximum interior side yard depth of
1.0 metres (3.28 feet), a minimum of 18 parking spaces, and a minimum
setback of the parking area, from the required road allowance, of 0 metres (0
feet);
c) based
on the concept design provided to the Urban Design Peer Review Panel and the
Panel’s recommendations, the Site Plan Approval Authority BE REQUESTED
to consider the following matters through the site plan process:
i) the
proposed building be similar in massing and design to the site concept and
elevations provided in the Urban Design Brief received July 15, 2011;
ii) a
presence on the street be created by siting the building close to the north-east
corner of the property or increasing the height of parking area masonry
retaining wall and implementing a design that will permit select views of the
building from the abutting sidewalk on Kingsway Avenue;
iii) provide
dual entry to the residential unit to provide a residential doorway facing
Wonderland Road North;
iv) increase
the proportion of glass used in the Wonderland Road North facade and shorten
the length of the water feature accordingly, in order to improve the street
presence;
v) consider
the re-use of rainwater for the water feature;
vi) consider
the use of pervious pavement to provide additional on-site environmental
management benefit;
vii)
ensure
the detailed landscape plan and building design addresses implications on the
street presence of the site, if Wonderland Road North is widened in the
future; and,
viii)
design
the building or the retaining wall, as applicable, to provide sufficient
daylighting at the street corner, to address sight line concerns;
d) pursuant to section 34(17) of the Planning
Act, no further notice BE GIVEN with respect to the proposed bylaw
as:
i)
the notice of application identified that additional or
different provisions may be identified during the review process;
ii)
the proposed changes from the original request are
minor or technical, or bring additional clarity to the intent to combine a
residential unit with an office use in a new building; and,
iii) the
proposed changes were discussed at a Public Participation Meeting regarding
this matter, held on July 16, 2012 before the Planning and Environment
Committee;
e)
the
request to amend the Official Plan, by ADDING a policy to Chapter 10
- “Policies for Specific Areas” to permit a medical office and a residential
apartment dwelling unit, BE REFUSED for the following reasons:
i)
the
new policy must also refer to professional offices in order for the requested
Restricted Office Zone to comply with the intent and purpose of the Official
Plan; it being noted that the use of professional offices is appropriate;
ii)
the
new policy must refer to medical/dental offices as they are typically dealt
with as a single type of use in the Official Plan and are not defined
separately in By-law No. Z.-1;
iii)
the
new policy should permit the office use only in conjunction with one dwelling
unit to provide for a transition in use; and,
iv)
the
new policy should require the residential dwelling to be incorporated into
the building that will house the office;
f)
the
request to amend Zoning By-law No. Z.-1, to change the zoning of the subject
property FROM a Residential R1 (R1-9) Zone, which permits single
detached, semi-detached and duplex dwellings as the main permitted uses, TO
a Restricted Office Special Provision (RO( )) Zone to permit professional
offices, a
medical office and a residential apartment, and to allow a reduced front yard
from 8 m to 1.8 m, a reduced interior side yard from 3.6 m to 1.2 m, a
reduced landscaped open space coverage from 30% to 26%, and a reduced number
of parking spaces from 20 to 19 spaces, BE REFUSED for
the following reasons:
i)
the
defined use in the zoning by-law is a “medical/dental office” which is
recommended to be applied, rather than defining separate new uses, as both
are appropriate for this location;
ii)
a
different range of special provisions are required to address the desired
location of the building on the site;
iii)
the
new zoning should permit the office use only in conjunction with one dwelling
unit, to provide for a transition in use; and,
iv)
the
new zoning should require the residential dwelling to be incorporated into
the building that will house the offices, rather than allowing multiple
buildings on the site. (2012-D11-01)
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