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HomeMy WebLinkAboutPD 20-06 0'5 OCiÚI 01 REPORT TO COUNCIL Report Number: PD 20-06 Date: March 6, 2006 From: Neil Carroll Director, Planning & Development Subject: Direction on City Staff Involvement on an Appeal to the Ontario Municipal Board Zoning By-law Amendment Application A 6/01 Glenda Winterstein 5015 Brock Road (South Part of Lot 18, Concession 9) City of Pickering Recommendation: 1. That City Council take no position on the appeal to the Ontario Municipal Board of Zoning By-law 6525/05 by the Region of Durham, to permit five dwelling units and one commercial unit at 5015 Brock Road North. 2. That the City Solicitor be directed to attend the OMS hearing to convey the City's position. Executive Summary: A zoning by-law amendment was approved by City Council as a result of an application by Glenda Winterstein for the property at 5015 Brock Road in Claremont. The application was to permit the existing building to have five residential dwelling units and one commercial unit. Staff recommended that the application be approved for only four residential dwelling units and one commercial unit as a private sewage system for the site can only accommodate four dwelling units. Council approved the application for five residential dwelling units and passed Zoning By-law 6525/05 to implement its decision. An appeal was filed by the Region of Durham on the grounds that five residential dwelling units cannot be properly serviced by the private on-site sewage system. The purpose of this report is to seek Council direction respecting its position on this matter at the OMS hearing scheduled for March 21, 2006. It is recommended that the City take no position at the OMS hearing, as the issue of the appeal is a technical matter related to the ability to provide appropriate private services to the subject property. The Region of Durham Health Department is the approval authority for private services, therefore the matter of the maximum number of dwelling units permitted on the subject property should be considered having regard to their comments. The City Solicitor will attend the hearing to convey the City's position. Report PD 20-06 Date: March 6, 2006 051 Subject: Glenda Winterstein (A 6/01) Page 2 Financial Implications: No direct costs to the City are anticipated as a result of the proposed recommendation. 1.0 BackQround: Application The subject property is located on the east side of Brock Road, north of Central Street in the Hamlet of Claremont. The subject property currently supports a combination of a one storey and two storey building, which contains a commercial use (hair salon), five apartment units, and a detached garage located in the rear yard (see Location Map and Applicant's Submitted Plans, Attachments #1 & #2). The property is currently zoned 'C2' which does not permit residential apartment units. The only significant issue on the appropriateness of the application is related to the provision of private services. The applicant submitted a report titled "Sewage System Design Winterstein Residence," by Jagger Hims Limited, that indicates a sewage system design to accommodate the commercial use and four apartments can be implemented. The Region of Durham Health Department has advised that the proposed sewage system design can be implemented for the property containing the commercial use and four apartments only. The intensity of use of the property is constrained by the availability of space for a private sewage system. Staff recommended that the zoning amendment application be approved for only four residential dwelling units and one commercial unit, as a private sewage system for the site can only accommodate four dwelling units. This position was based on the engineering report submitted by the applicant and reviewed and recommended by the Health Department for the Region of Durham. However, Council approved the application for five residential dwelling units on June 6, 2005, and passed amending Zoning By-law 6525/05 on the same day. Appeal to the Ontario Municipal Soard The appeal has been filed by the Region of Durham on the grounds that five residential dwelling units cannot be properly serviced by the private on-site sewage system and therefore would not comply with the Durham Region Official Plan that requires all development in Hamlets to be serviced by private services and in compliance with the standards of the Region of Durham and Ministry of Environment. o52eport PD 20-06 Subject: Glenda Winterstein (A 6/01) Date: March 6, 2006 Page 3 2.0 Analvsis Staff Position The issue that will be before the OMB is whether the subject property can support four or five dwelling units. The technical information that has been presented to date is that the proposed sewage system design can only support four dwelling units. It is anticipated that the Region of Durham will present professional opinion evidence that only four units can be serviced on the property. It is anticipated that no technical/professional evidence will be present to indicate that five dwelling units could be serviced on the property. Further, it is City staff's understanding that the Region is presently discussing a potential settlement with the applicant for a by-law which permits four dwelling units (and one commercial unit). If an agreement is reached a revised zoning by-law that permits four dwelling units will be submitted to the OMS for approval. It is recommended that the City Solicitor attend the OMB hearing set for March 21, 2006 to convey the City's position. City planning staff would only attend the hearing if requested by the OMB, or under subpoena. Attachments: 1 . Location Map 2. Applicant's Submitted Plans 3. Copy of Zoning By-law 6525/05 4. Copy of the letter of appeal to the OMB from the Region of Durham Report PD 20-06 Date: March 6, 2006 053 Subject: Glenda Winterstein (A 6/01) Page 4 Prepared By: Approved / Endorsed By: Neil Carroll, , Director, Planning ROSSpe~pp~ Principal Planner - Development Review RP:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering Cit Coun . .---/ ,./ 05'1 '.! I f'I-_~Q__(:'Jç, v 1 \ \ Ul\NE STREe.ï . STREe.ï ¿---:. f - -1; II -0 0 0 « J v 0 :::¡ 0:: ~ :! -- ~ CT.lDRMONT j r--- I h~r Jr. lrosdPH CTR::e: ~ . ( L ~Dð=~ LG ¡) IrTn~ moo ~'i= ~ J '-- -r-- .. / / r::/' CENTRAL. J ~ '-WI..Lm 'TII:IVr¡:¡nll ~~ ~I . 0;6... ~ ~ lint /' '5 _ ON -1. f- /;j 11--"- g::::J _I- _ ~ . . I . 0:: o m tn z « (J - N I-........-..~ 0:: « m STREe.ï ~I - - ..)/ ~ (' I:IOVINGDON PLAC II Z· .¿; --- - - :~/' ~ ----------- ~~ L iI, ,p ß ~ I \ I .~ ~ /1) /v (~ .rl_"'''N, D FIP 1-1 ~i-YF-- \TRA~~¡::::.- - !L- --- / \V1 )¡ i~~ ACORN LANE z -~ /; ~ l,.< ~ / ;:;;; r-- -,...._ __ r- ....--. I I / ~,'l:t. ;:,~ Q / ~. ~ City of Pickering Planning & Development Department PROPERTY DESCRIPTION P.ART OF LOT 18, CONCESSION 9; PART OF LOT 2, PLAN 12 OWNER G. WINTERSTEIN DATE JAN 14,2001 DRAWN BY RC ""^' I' APPUCATlON No. A 06/01 SCALE 1 :7500 CHECKED BY TB FOR DEPARTMENT USE ONLY PN-S10 PA- Q « o c:: :::s::: ü o c:: c:a "", ',To /I {). rr¡ ,··k·, C ,____,"'-_, V ib'()rdil PL:..~P ..,:,-, ..,.... INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 06/01 G. WINTERSTEIN E It) ..r a:J EXISTING 1 STOREY FRAME STRUCTURE 131.0m LOT 2 DECK EXISTING 2 STOREY FRAME STRUCTURE EXISTING GARAGE (HEAVY TIMBER CONSTRUCTION) 132.4m LOT 1 ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, . INFORMATION & SUPPORT SERVICES, APRIL 16, 2002. 055 E a:J N a:J 056 ;1 I ;j :i I: \1 il " I' ,I 'I I, il I, II Ii Ii 1\ I I II II I í I ! II II !I II Ii II Ii I' II I II 'I II 1, I! I! I' ,I Ii ¡: I' I 'I I: I, II I! Ii ., II I' II I Ii ! i Ii I' ,I Ii ,I " 'i II II Ii ," 3 rU', ~".' 1f___ P··("I '.' - (~.I' / h¡YJRï Ii u -:!. s. ..- THE CORPORATIO[\J OF THE CITY OF PICI<ERI[\JG BY-LAW [\JO. f,')~;/ <1; 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 on the South Part of Lot 18, Concession 9, in the City of Pickering. (A 06/01) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit a commercial use with five dwelling units on the subject lands, being South Part of Lot 18, Concession 9; Af\jD WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; [\JOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT Section 9 - General Commercial Zone - C2 is hereby amended by adding the following subsection after subsection 9.3.3: 9.3.4 South Part of Lot 18, Concession 9 (5015 Brocl( Road) In addition to the uses permilted in Subsection 9.1, for the lands known as Part of Lot 2, Plan 12, in the City of Pickering a maximum of five (5) dwelling units are permitted within a single building along with any other permitted use, subject to the following provisions: (1) Where the building on Part of Lot 2, Plan 12, contains any dwelling units, the following provisions shall apply: (a) Parking Requirements: (i) A minimum of 6 parking spaces shall be provided for the existing building that contains 5 apartment dwelling units and one commercial unit; (ii) Clauses 5.19.2 b), d) and k) of By-law 3037, as amended, shall not apply to this property; (b) Floor Space (i) The maximum commercial floor space in a building that contains residential dwelling units is 36 square metres. 2. BY-LAW 3037 By-law 3037 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as amended. 3. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this June 2005. day of fJ,h Oavi , ------- '~<tf,(t Debi A. Bentley, Clèrk The Regional Municipality of Durham Planning Department 1615 DUNDA8. 8.T. E. 4'HFLOOR, LANG TOWER WE8.T BUILDING PO BOX 623 WHITBY ON L 1 N 6A3 CANADA 905-728-7731 ~<'x: 905-436-6612 mail: planning@ region.durham.on .ca www.region.durharn.on.ca Ä.L. Georgiaff, MCIP, ¡:¡PP Commissioner of Planning "Sé;ti/ice ExcefiencE' fOF'our Comtnunities 1/ June 29, 2005 ATTACHMEN1 #_i/- REPOR1I PD< ,lô' 057 TO L: l;> RECEIVED Debi A. Bentley, CMP, CMM III City Clerk City of Pickering One The Esplande Pickering, Ontario L 1V 6K7 JULO 52005 CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Dear Ms. Bentley: NOTICE OF APPEAL Re: Appeal of the City. of Pickering Council's Decision to Pass Zoning By-Law 6525/05 . File Number: A06/01 . Applicant Glenda Winterstein Municipality: City of Pickering Please be advised that the Regional Municipality of Durham appeals the decision of the City of Pickering, dated June 6, 2005, in the above noted matter. A cheque payable to the Minister of Finance in the amount of $125.00 is enclosed. . The subject property is located north of Central Street and east of Brock Road in the Hamlet of Claremont. The applicant proposes to amend the existing commercial use in order to permit 5 exi$ting residential apartment dwelling units In addition to the commercial use. The reasons for this appeal areas follows: 1. The proposed use does not conform to the policies of Durham R~gional Official Plan (the "OffidRI Plan"). SAction 13.3.5 of the Official Plan . , . permits development within hamlets to be serviced with private drilled wells and private sewage disposal systems where groundwater quantity and quality permits, and in compliance with the standards. of the Region and the Ministry ofthe Environment. The engineering report by Jagger Hims Limited, as submitted by the applicant to Pickering City Council, concludes that the approved replacement sewage disposal system on the subject property is only capable of supporting a total design daily sewage flow of4,000 ¡itres/day. Zoning By-Law 6525/05, as passed by Pickering City Council, allows the proposed building to generate 4,750 ¡¡tres/day which exceeds the maximum allowable sewage flow based on usable area and allotment of usage in the building and as such is not in compiiancewith the standards of the Region. ·'T,~~ 0'58 ATTACHMENT # 4- TO REPORT # PO .~ () , 0 ,-~ ~,__ 2. Such further and otl1e'r reasons as Counsel may advise and the Board may permit. Dated in Whitby this 29th Day of June, 2005 ~ ~~b-rð Nestor Chornobay, M.C.I.P., R.P.P. Director' . Strategic Planning Branch cc: Legal Department - Cindy Boyd, Solicitor Health Department - Tony Wong, Manger of Environmental Health