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HomeMy WebLinkAboutPD 05-06128 PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 05-06 Date: January 9, 2006 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 19/05 Robert and Maria Graham 1610 Central Street, Claremont (Part of Lot 19, Concession 9) (Part 1,40R-15519) City of Pickering Recommendation: That Zoning By-law Amendment Application A 19/05, be APPROVED, to amend the current zoning of the subject property to permit a bed and breakfast establishment as an additional use, as submitted by Robert and Maria Graham, on lands being Part of Lot 19, Concession 9, Part 1,40R-15519, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 19/05, as set out in Appendix I to Report Number PD 05-06, be FORWARDED to City Council for enactment. Executive Summary: The owner of the subject property requests an amendment to the existing zoning to permit a bed and breakfast establishment as an additional use. The property is located on the north side of Central Street, west of William Street, in the Hamlet of Claremont (see Location Map - Attachment #1). The property is zoned "A" - Agricultural by Zoning By-law 3037 and currently supports a detached dwelling. The proposed bed and breakfast establishment will be accommodated within the dwelling and will be limited to a maximum of three guest rooms (see Submitted Site Plan - Attachment #2). No natural features will be impacted by the proposal, as no exterior works are required. It is recommended that the application be approved and that the draft amending by-law be forwarded to Council for enactment. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Report PD 05-06 Subject: Zoning By-law Amendment Application A 19/05 Date: January 9, 2006 Page 2 129 Background: 1.0 Comments Received 1.1 At the August 4, 2005 Information Meeting: No public present at the meeting (see text of Information Report and Meeting Minutes - Attachment #3 and #4); 1.2 Public: No comments received; 1.3 Agencies: Durham Region Planning Department · conforms with the Oak Ridges Moraine Conservation Plan; · conforms with the Regional Official Plan; · no Provincial interests identified; (see Attachment #5); Veridian Connections · no objection; Greater Toronto Airports Authority · no objection; Durham Region Health Department · no objection provided the owner does not increase the design daily sewage flow by: (a) increasing the number of bedrooms; (b) adding fixture units; (c) additions to the dwelling in excess of 15% of the existing floor area; · (see Attachment #6); 1.4 City Departments: Building Department and Fire Services · a "change of use" permit is required to convert the existing dwelling into a bed & breakfast establishment; · the requirements/provisions of the Ontario Building Code and Fire Code will be addressed through the permit process. Subject: Zoning By-law Amendment Application A 19/05 Date: January 9, 2006 Page 3 2.0 2.1 2.2 2.3 Discussion The Proposed Use Conforms to the Pickering Official Plan The subject property is designated "Rural Settlement - Rural Hamlet" and "Hamlet Residential" within the Claremont and Area Settlement in the Pickering Official Plan. Among other uses, this designation permits the establishment of commercial, residential, community and recreational uses. A residential dwelling and bed and breakfast establishment conforms to the provisions of the Plan. The Proposed Use Conforms with the Oak Ridges Moraine Conservation Plan The subject property is designated "Countryside Areas - Rural Settlement" within the Oak Ridges Moraine Conservation Plan (ORMCP). This designation permits residential uses and bed and breakfast establishments. The ORMCP limits the number of guest rooms within a bed and breakfast establishment to a maximum of three within a single dwelling. The proposal complies with this limitation. The Subject Property is Suitable For the Proposed Use The subject property is located on the north side of Central Street, west of William Street, in the Hamlet of Claremont (see Location Map - Attachment #1). Agricultural and residential uses surround the property to the north and west, with an open space area to the east, and an elementary school to the south across the street. Central Street is one of two main streets in Claremont which carries a significant amount of traffic. The proposed use will not generate noticeable traffic beyond what currently exists, and due to the location of the property at the western edge of the Hamlet, any traffic coming to or from the establishment will not be through the Hamlet. The existing dwelling on the property is setback over 100 metres from the street, and a long circular driveway is provided to the dwelling (see Submitted Site Plan - Attachment #2). There is ample room on the property to accommodate parking on-site that will not be visible from the street, and the existing dwelling has a double car garage. The proposed use would have minimal impact on abutting properties as the bed and breakfast establishment will be contained entirely within the existing residence on the property, and the footprint of the building will not change. The existing dwelling is approximately 6000 square feet in size and provides a sufficient number of bedrooms and floor area to accommodate the proposed establishment. Site-specific zoning is proposed for the property that permits a bed and breakfast establishment with a maximum of three guest rooms, Associated parking requirements are also included in the by-law. Report PD 05-06 Subject: Zoning By-law Amendment Application A 19/05 Date: January 9, 2006 Page 4 APPENDIX Appendix I: Draft By-law Attachments: 1. Location Map 2. Applicant's Submitted Site Plan 3. Text of Information Report 4. Statutory Public Meeting Minutes 5. Comments from the Region of Durham Planning Department 6. Comments from the Region of Durham Health Department Prepared By: Carla Pierini Planner II Approved / Endorsed By: Neil Carroll'~lP,~PP Director, Pl~fim'riffg & Development Lynda Ta/ylor, M~'J~P Manager, DevelGIsm~nt Review CP:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City. Couj3c~l ,, -T~~ 3. Oui~, Chie(r/Adminis~t~ 132 APPENDIX I TO REPORT PD 05-06 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 19/05 THE CORPORATION OF THE CITY BY-LAW NO. 133 Being a By-law to amend Restricted Area Zoning By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 19, Concession 9, Part 1, 40R-15519, City of Picketing. (A 19/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit a bed and breakfast establishment on the lands, being Part of Lot 19, Concession 9, Part 1,40R-15519, in the City of Pickering; AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Section 6.1.5 of By-law 3037 is hereby amended by adding thereto the following: 6.1.5.17 Part of Lot 19, Concession 9, Part 1,40R-15519 (1610 Central Street) (1) For the purpose of this subsection, the term 'Bed and Breakfast Establishment' shall mean an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a detached dwelling that is the principle residence of the proprietor of the establishment. (2) Despite any provisions in this By-law to the contrary, in addition to any other uses that may be permitted thereon, the lands identified as Part of Lot 19, Concession 9, Part 1, 40R-15519 (1610 Central Street) may be used for the purpose of a bed and breakfast establishment. (3) In addition to the parking requirements for a detached dwelling, a minimum of one parking space shall be provided on-site for each guest room associated with a bed and breakfast establishment. 2. BY-LAW 3037 By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to Part of Lot 19, Concession 9, Part 1, 40R-15519 (1610 Central Street). Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 3. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this day of ,2006. David Ryan, Debi A. Bentley, City Clerk 134 SUBJECT PROPERTY STREET ACO~ LANE KODIAK City of Pickering Planning & Development Department PROPERTY DESCRIPTIQN PART LOT 19, CONCESSION 9 OWNER M. & R. GRAHAM FILE No. A 19/05 DATE JUNE 29, 2005/ SCALE 1:5000 DRAWNBY JB ! ~I~ CHECKEDBY CP ~- ........... i RUR AI'rACHMEN'r ~ ~ TO REPOR'I' # PD ~ ~" c;' ~ INFORMATION COMPILED FROM APPLICANT'S SUBMITTED SITE PLAN A 19/05 135 DWELLING E E 22.9m ~ REGIONAL ROAD 5' THIS MAP WAS PRODUCED BY '[HE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, JUNE 29, 2005. 136 ATTACHMENT d ~ TO REPOR'I' ~ PD C~D--C~ PICKERING INFORMATION REPORT NO. 18-05 FOR PUBLIC INFORMATION MEETING OF August 4, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 19/05 R. & M. Graham 1610 Central Street, Claremont (Part of Lot 19, Concession 9) (Part 1,40R-15519) 1.0 2.0 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the north side of Central Street, west of William Street (see Location Map, Attachment #1) in the Hamlet of Claremont; the subject property has an area of approximately 2.1 acres, a lot frontage of approximately 23 metres, and currently supports a detached dwelling; agricultural and residential uses surround the property to the north and west, with an open space area to the east, and an elementary school to the south across Central Street. APPLICANT'S PROPOSAL the applicant proposes to amend the current zoning of the subject property in order to permit a bed & breakfast establishment as an additional use within the existing dwelling; a site plan showing the existing building on the property is attached (see Applicant's Submitted Site Plan, Attachment #2); Information Report No. 18-05 ATTACHMENT ,f ~ TO REPOR1 # PD ~-©fc~, _ Page 2 3.0 3.1 3.2 3.3 3.4 4.0 4.1 4.2 OFFICIAL PLAN AND ZONING Durham Regional Official Plan - identifies the subject property as being designated "Rural Settlements - Hamlet"; - residential, employment and commercial uses are permitted under this designation; - the proposal appears to conform to the Durham Region Official Plan; Pickerin.q Official Plan designates the subject property as "Rural Settlement - Rural Hamlets" and "Hamlet Residential" within the Claremont and Area Settlement; these designations permit the establishment of commercial, residential, community, and recreational uses; the applicant's proposal conforms to the policies of the Pickering Official Plan; Oak Ridges Moraine Conservation Plan the subject property is designated "Countryside Areas - Rural Area" within the Oak Ridges Moraine Conservation Plan (ORMCP); another land use designation identified on the property is "Low Aquifer Vulnerability"; uses permitted within Countryside Areas include, but are not limited to, residential uses and bed & breakfast establishments; a bed & breakfast establishment is limited to a maximum of three guest rooms within a single dwelling. Zoning By-law 3037~00 the subject property is currently zoned "A" - Rural Agricultural Zone, by Zoning By-law 3037, as amended; the existing zoning permits a detached dwelling, accessory structures, and a home-based business; a zoning by-law amendment is required to permit the bed & breakfast establishment as an additional use on the subject property. RESULTS OF CIRCULATION Resident Comments none received to date; Agency Comments Veridian Connections - no objections; 137 1 3 8nf°rmati°n Report No. 18-05 ~ ~-~ACHMENI # -~ TO ql~'~R't # PD ~';~,-O~ Page 3 4.3 5.0 6.0 6.1 Staff Comments - in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · compatibility with the surrounding area; · ensuring that a maximum of three guest rooms are provided within the dwelling as per the ORMCP; · ensuring that change of use for the existing building meets all necessary fire protection, health standards and building codes. PROCEDURAL INFORMATION 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. ORIGINAL SIeNI~ ll~ ORIGINAL SIGNED BY Carla Pierini Planner II CP:ld Attachments Lynda Taylor, MClP, RPP Manager, Development Review Copy: Director, Planning & Development A~ACHM£NT #,,, -.~ APPENDIX NO. I TO INFORMATION REPORT NO. 18-05 139 COMMENTING RESIDENTS AND LANDOWNERS (1) none to date COMMENTING AGENCIES (1) Veridian Connections COMMENTING CITY DEPARTMENTS (1) (2) Planning & Development Department Fire Services PICKERING Excerpts from the Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, August 4, 2005 7:00 P.M. The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. ZONING BY-LAW AMENDMENT APPLICATION A 19/05 R. & M. GRAHAM 1610 CENTRAL STREET, CLAREMONT (PART OF LOT 19, CONCESSION 9) (PART 1, 40R-15519) Carla Pierini, Planner II, provided an overview of property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report #18/05. The applicants were present but made no comment. (IV) ADJOURNMENT The meeting adjourned at 7:40 pm. The Regional Municipality of Durham Planning DePartment 605 ROSSLAND ROAD E 4TM FLOOR PO BOX 623 WHITBY ON L1N 6A3 August18,2005 ~TTACHMENT #. ~' TO Carla Pierini, Planner ti Pickering Civic Complex One The Esplande Pickering, Ontario LtV 6K7 Ms. Pierini: Re: Zoning Amendment Application A19~05 Applicant: R. & M. Graham Location: 1610 Central Street NoAh side of Central Street, west of William Street Municipality: City of Pickering 141 CANADA 905-668-7711 Fax: 905-666-6208 E-maih planning@ region.durham .on .ca www.reglor'hdurharn.on.ca &.L. Georgieff, MCIP, RPP ;ommlssloner of Planning This application has been reviewed and the following comments are offered. The purpose of this application is to amend the zoning of the subject property to permit a bed and breakfast establishment as an additional use. Regional Official Plan The subject proPerty is designated as "Hamlet" in the Durham Regional Official Plan. Hamlets should be developed in harmony with surrounding uses and may consist of commercial uses that meet the immediate needs of the residents of the hamlets and surrounding rural area. The proposal may be permitted within the Hamlet designation. Oak Ridqes Moraine Conservation Plan (ORMCP) The subject property is designated as "Countryside Area - Rural Settlement" in the Oak Ridges Moraine Conservation Plan. Bed and breakfast establishments consisting of no more than three guest rooms within a single dwelling are permitted within the Countryside Area designation. RegionalServices The subject property is presently serviced by a private well and private waste disposal. The Regional Health Department has indicated no concerns with servicing provided that the applicant does not increase the design daily sewage flow. "Service Exceflence for our Communities" N:',pim\dc~onmg~Commerlts\P*ck en n g',A 19-0S dcc 14,2 ATTACHMENT ~ C3 ~ Provincial Policies and Deleqated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no matters of provincial nterest applicable to this application. If you have any questions or require further information, please do not hesitate to contact me. Dwayne Campbell, Planner Current Operations Branch Cc: Pete Castellan, Regional Works Department Gregg Law, Regional Health Department N.\pln)\dc~Zonlng\Comments\Pickerinq A 19- Ob d :,c The Regional Municipality of Durham Health Department HEAD OFFICE SUITE 210 1615 DUNDAS ST. E. WHITBY ON L1N 2L1 CANADA 905-723-8521 Tor: 905-686-2740 1 ~800~841-2729 Fax: 905-723-6026 www.region.durham.on.ca An Accredited July 22. 2005 Carla Pierini. Planner II City of Pickering Corporate Services Department Clerk's Division One The Esplanade Pickering, ON LiV 6K7 Dear Carla Pierini: Re: R&M Graham 1610 Central Street Pickering, ON Public Health Agency The Health Department has no objection to the passing of this application provided. The applicant does not increase the design daily sewage flow of bedrooms by: a) increasing the number b) adding fixture units c) additional to the dwelling, 15% of existing floor area Please feel free to contact the undersigned if more information is needed. Yours truly,:" Greggory Law, B.Sc., CPHI(C) Senior Public Itealth Inspector GL/dd cc. Dwayne Campbell "Service Excellence for our Communities" 100% I: est Consumer