HomeMy WebLinkAboutInformation Report 07-09INFORMATION REPORT NO. 07-09
FOR PUBLIC INFORMATION MEETING OF
April 6, 2009
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT: Zoning By-law Amendment —A 26/08
A. Adjedani & S. Aliyannajad
1234 Kingston Road
(Lot 17, Plan 489)
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
31
- the subject. property is located on the north side of Kingston Road, west of
Liverpool Road (see Location Map, Attachment #1);
- the subject property has a lot frontage of approximately 30 metres and a lot
area of approximately 0.23 hectares (see Applicant's Submitted Plan,
Attachment #2);
- there is an existing building used for residential purposes with an accessory
home-based business on the subject property;
- Pine Creek abuts the subject property to the north, and an unopened
municipal right-of-way is abutting the property to the east;
- predominantly residential uses surround the subject property to the north, and
commercial uses and open space blocks surround the property to the south.
2.0 APPLICANT'S PROPOSAL
the applicant has requested an amendment to the existing zoning by-law to
allow for a variety of commercial uses on the first floor and a residential unit
on the proposed second storey addition of the building on the property (see
Applicant's Conceptual Floor and Elevation Plans — Attachments #3 to #7);
the operation of the proposed uses for the site are currently under review
between the applicant and Planning and Development Staff.
Information Report No. 07-09 Page 2
�2
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Regional Official Plan
- the Regional Plan designates the subject property "Urban System — Regional
Node"— and "Urban System — Regional Corridors", which among other uses
shall be used for as the focal point of culture, art, entertainment, and to
achieve a mix of commercial, residential, employment and institutional uses;
- the subject property is classified under the plan as a Type 8 Arterial Road,
with a right-of-way width ranging from 30 — 36 metres and speeds up to
70 kilometres an hour in urban areas;
- Kingston Road is used and is classified as one of the most significant transit
corridors within the Region;
- . a part of the subject property is classified as a Key Natural Heritage Feature;
- the subject application will be further reviewed to determine if it complies with
the intent of the Regional Plan;
3.2 Pickering Official Plan
- the City Plan designates the subject property as "Mixed Use Areas— Mixed
Corridors" and "Open Space System — Natural Areas" within the "Town
Centre Neighbourhood" (see Attachment #8);
- Mixed Use Areas — Mixed Corridors shall be used among other uses for the
retailing of goods and services serving a broader area, residential,
community, cultural and recreational uses, whereas Open Space System —
Natural Areas shall be used among other uses for conservation,
environmental protection, restoration, education, passive recreation, existing
lawful residential dwellings and a new residential dwelling on a vacant lot;
- it appears that the rear portion of the subject property is situated within the
Open Space System and the remainder within the Mixed Use Areas;
- the subject property is partially situated within a shoreline and stream
corridor, which prohibits new and major development on designated areas;
however minor additions, minor infilling and ancillary uses related to existing
development maybe permitted in these areas;
- areas designated as Mixed Use Areas — Mixed Corridors require a minimum
net residential density of 30 to a maximum of 140 dwellings per hectare
and/or a maximum floorspace index (total building floorspace divided by the
total lot area) up to and including 2.5;
- the Town Centre Neighbourhood policies encourage the highest mix and
intensity of uses and activities in the City;
- the neighbourhood policies also permit a maximum residential density of
55 units per net hectare for lands located on the north side of Kingston Road
that abut low density development;
Information Report No. 07-09
Page 3
33.
the subject property is classified under the plan as a Type B Arterial Road,
which are designed to carry moderate volumes of traffic at moderate speeds
with a right-of-way width ranging from 30 - 36 metres and speeds up to
70 kilometres an hour in urban areas;
the applicant's proposal appears to comply with the intent of the City's Official
Plan, however it is subject to environmental restrictions;
3.3 Compendium Document to the Official Plan
- the subject property is part of the eastern limits of the Walnut Lane Area
Development Guidelines (an area bounded by Kingston Road to the south, a
low density residential area to the north, Walnut Lane to the West and Pine
Creek to the east), as well as the Kingston Road Corridor Urban Design and
Development Guidelines;
- 40 percent of the face of all buildings must be situated within a "build -to -zone"
area along Kingston Road;
- buildings should be designed in a way to prevent overshadowing and loss of
privacy to abutting residences with a maximum building height of three
storeys and 12.0 metres (inclusive of the roof);
- no accessory structure shall be set back closer than 3.0 metres from the
property line;
- vehicular access shall primarily be from Kingston Road;
- planting should integrate with indigenous planting along the edge of Pine
Creek;
3.4 Zoning By-law 3036
the existing zoning on the subject property is "R3" — Third Residential Density
Zone, which requires a minimum lot frontage of 18 metres and a minimum lot
area of 550 square metres;
the applicant intends to amend the existing zoning to allow for variety of
commercial uses on the main floor with additional residential on the second
floor.
4.0 RESULTS OF CIRCULATION (See Attachments #9to #12)
4.1 Resident Comments
Stacey Howard - request for applicant to specify types of uses
proposed for the subject property (see
Attachment #9);
Information Report No. 07-09
4.2 Agency Comments
Page 4
Region of Durham Health - no objections to approval of application
Department provided that the subject property is serviced
by municipal sanitary sewer and municipal
water;
Veridian Connections
Toronto and Region
Conservation Authority
(TRCA)
4.3 Staff Comments
if municipal sanitary is not available, a new
Class IV private sewage system will have to be
installed (see Attachment #10);
- no objections (see Attachment #11);
- lands are located within the Regional Storm
Flood Plain associated with Pine Creek;
- proposed uses could increase the risk to, and
cost of property damage;
- development shall not be permitted in lands
subject to flooding during a Regional Storm
event;
- proposed application is not consistent with
Provincial Policy Statements of 2005 and does
not meet the requirements of Section 3 and
Subsection 5 of the Planning Act,
- application should be refused (see Attachment
#12);
- in reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
• the applicant must consult with the City, TRCA and the Region of Durham to
resolve all environmental concerns affecting the subject property and to
ensure full compliance with both the Provincial Policy Statements and the
Planning Act,
• an Environmental Report is required by the applicant to ensure the proposed
development will not negatively impact the abutting stream corridor (Pine
Creek) and the open space system to the north and east of the subject
property;
• the applicant must clarify all uses proposed (commercial and/or residential)
on the subject property;
• City Staff will determine if there are any negative impacts with the proposed
new driveway entrance;
• City Staff will review the proposed site plan and site -functioning as well as
ensure that the proposed development meets the general intent of the Walnut
Lane Area Development Guidelines and Kingston Road Corridor Urban
Design and Development Guidelines;
Information Report No. 07-09
5.0
M
6.1
CA
PROCEDURAL INFORMATION
Page 5
- written comments regarding this proposal should be directed to the Planning
& Development Department;
- oral comments may be made at the Public Information Meeting;
- all comments received will be noted and used as input in a Planning Report
prepared by the Planning & Development Department for a subsequent
meeting of Council or a Committee of Council;
- if you wish to reserve the option to appeal Council's decision, you must
provide comments to the City before Council adopts any by-law for this
proposal;
- if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
OTHER INFORMATION
Appendix No. I
list of neighbourhood residents, community associations, agencies and City
Departments that have commented on the applications at the time of writing
report;
Company Principal
- the owners of the subject property are Alireza Adjedani &
Shahnaz Aliyannajad and the applicant is Grant Morris.
AY:jf
Attachments
Copy: Director, Planning & Development
Lynda Tay RPP
Manage, Dim evelop ent Review
35
36
APPENDIX NO. I TO
INFORMATION REPORT NO. 07-09
COMMENTING RESIDENTS AND LANDOWNERS
(1) Stacey Howard
COMMENTING AGENCIES
(1) Region of Durham Health Department
(2) Veridian Connections
(3) Toronto and Region Conservation Authority
COMMENTING CITY DEPARTMENTS
(1) none to date
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SUBMITTED PLAN
A 26/08 -
A. ADJEDANI & S. ALIYANNAJAD
PROPOSED2
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OPEN SPACE SYSTEM MIXED USE AREAS URBAN RESIDENTIAL AREAS /w/`
NATURAL AREAS DOWNTOWN CORE LOW DENSITY AREAS / `
MIXED CORRIDORS ® MEDIUM DENSITY AREAS N
A 26/06
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From: Stacy Howard
Sent: Tuesday, March 03, 2009 10:33 PM
To: Yearwood, Ashley
Subject: Re: Zoning Bylaw A26/08
Ashley, I received a meeting notice in the mail regarding property behind our house that is requesting
zoning changes. I was wondering if you could help me understand exactly what is being requested. We
live on Storrington St and back on to the property in question. It says here that they are looking to
amend the zoning to permit commercial uses, including an addition new driveway. How does this differ
from the current use. It is home today, however they run a small Psychic out of the place. Is it not
already zoned as commercial? Do you have any indication what specific changes they want to make? I
would like to understand what their place to ensure that is does not interfer with our home, noise
etc......... '
Thanks, Stacy Howard
It t. 46
The Regional
Municipality
of Durham
Health Department
ENVIRONMENTAL
HEALTH DIVISION
101 CONSUMERS DR.
2ND FLOOR
WHITBY ON L1N 1C4
-ANADA
905-723-3818
1-888-777-9613
Fax:905-666-1887
www.durham.ca
An Accredited
Public Health Agency
"Service Ezceltence
for our Communities"
ATTACHM,-ENT
MAR 1 0 2009
CITY OF Plr K;:c,,
March 9, 2009
City of Pickering
Planning Department/Building Development
One The Esplanade
Pickering, ON L1V 6K7
Attention: Debi Wilcox — City Clerk
Dear Madam:
Re: A/26/08 — Zoning Application
Lot 17, Plan 489 (1234 Kingston Road)
City of Pickering
Applicant: A. Adjedani and S. Aliyannajad
The above noted application has been investigated by this Department and there
are no objections to approval provided that the subject property is serviced by
municipal sanitary sewer and municipal water.
In the event that the subject property does not have access to municipal sanitary
sewer, a new Class IV private sewage disposal system will have to be installed to
service the proposed development.
Please feel free to contact the undersigned if more information is required.
Public Health Inspector
Environmental Health Division
KK/cw
100% Post Consumer
MAR -16-2009 MON 09:16 AM veridian FAR NO, P, 02
MAI
V6RIDIAN
C ON NE CT I O N5
PROJECT NAME:
ADDRESS/PLAN:
MUNICIPALITY:
RECEIVED
MAR 1 6 2009
CITY OF PICKERING
PLANNIINARTMELOPMENT
NT
DEVELOPMENT APPLICATION'REVIEW
A. Adjedani & S. Aliyammjnd / Grant Monis Associates Ltd.
1234 Kingston Road
Pic1cting
REP NO.: A 26/08
SUBMISSION DATE: February 26, 2009
ATTACHIM,VT /L
ORT P •7-0
47
Tile following is an overview of the general rcquiecmeocs the Applicant is likely to meet in order to obtain a complete
electrical power supply system to this site and widdn the site where subduction some form i6 involved. The
comments below are based on preliminary infonuatiou only and arc subject to revision. In all eases Vetidiw's standard
Conditions of Service document sets out the requirements, tennis and conditions for the pmvisiou of. eledrit serace.
This review does not tonstimtc en Offen to Connect
1. L-leetde service is eurently available on the road allotmmce(,) directly adjacent to this POOPeety
Servicing is currently fed from Kingston Road and Veridiin's supply voltage will be at (44kV, 27.6kV, 13.BkV,
12.47kV, 8.3kV, 4.16kV).
2. The existing service to this building may be inadequate. Details regarding n service upgrade can be obtained
from Vnsidiun.
3. Other:
Plans, contact Veddian if a service upgrade is required.
Technical Representetive: Denzil Samad
Telephone: Esc 3261
PP/df
P:\dfrizzell\llcvelopment Application Review\Picketing\2009\A• Adjedani & S. Aliyannejad • 1234 Kingston
Road.doc
)C70RONTO
eryat on
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or The Living City
March 18, 2009 CFN 41890.02
VIA MAIL AND EMAIL(ayearwood@city_pickering.on.ca)
Mr. Ashley Yearwood
City of Pickering
Pickering Civic Centre
One The Esplanade
Pickering ON L1V 61<7
Dear Mr. Yearwood:
Re: Zoning By-law Amendment Application A 26/08
On Lands Municipally Known As 1234 Kingston Road
Lot 17, Plan 489
City of Pickering
(A. Adjedani & S. Aliyannajad)
We write further to the Notice of Public Meeting for the application captioned above and our
letter dated August 21, 2008 and copied to you wherein we outline Toronto and Region
Conservation Authority (TRCA) staff opinion with respect to zoning changes on the subject
lands.
Purpose of the Application
We understand that the purpose of this application is to amend the Zoning By-law in force on
the subject lands in order to permit commercial uses on the first floor of an existing building and
residential uses for a proposed second floor addition.
Delegation of Comments Re: Provincial Interest in Natural Hazards
As you aware, TRCA is responsible for providing plan review comments on behalf of the
Province of Ontario with respect to Natural Hazards policies contained in the Provincial Policy
Statement, 2005 (PPS 2005) pursuant to a Memorandum of Understanding between
Conservation Ontario and the ministries of. Natural Resources and Municipal Affairs and
Housing. The following comments are provided according to TRCA's delegated responsibility in
this regard.
Flood Hazard Present
The subject lands are located within the Regional Storm Flood Plain associated with the Pine
Creek. Given this natural hazard, we have evaluated your proposal against TRCA and
provincial flood plain management policies. Our analysis shows that flood depths on the site
are up to 1.45 metres in depth and the velocities of flood waters would be approximately 0.15
metres per second in the event of a Regional Storm. In addition, there does not appear to be
'safe' ingress or egress from the site in the event of a Regional Storm. These conditions pose
considerable threat to human safety and property pursuant to standards established by the
Ontario Ministry of Natural Resources.
FAHome\Public\Development Services\Durham Reglon\Pickering\1234 Kingston_2.wpd
Member of Conservation Ontario
5 Shoreham Drive, Downsview, Ontario WN 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca :�
Mr Ashley Yearwood - 2 - March 17, 2009
Increased Risk Associated With Proposal
It is understood that the proposal would maintain the existing residential use while adding a
commercial use. Adding uses to this site, given the flood hazard described above, would
increase the risk to human safety in the event of a major flood, as more people would be
expected to occupy the site at any given time. The proposed uses could increase the risk to,
and cost of, property damage.
Non Consistency with PPS, 2005
The proposed amendment seeks to change the permitted uses on the subject lands in order to
add a commercial use. The PPS, 2005 defines development as "a change in land use."
Further, Section 3.1.2 d) of the PPS, 2005 provides that development shall not be permitted in
lands subject to flooding during a Regional Storm event. Accordingly, it is our opinion that the
proposed amendment is not consistent with PPS, 2005 and does not meet the requirements of
Subsection 3(5) of the Planning Act. We therefore request that the application be refused.
Please contact me if you have any questions with respect to this matter.
Yours truly,
Chris Jo MCIP, RPP
Senior Planner
Planning and Development
Extension 5718
CJ/
cc: Grant Morris, Grant Morris Associates Ltd. (Grant.Morris@rogers.com)
Steve Heuchert, TRCA
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