HomeMy WebLinkAboutPD 06-12
Report to
Planning & Development Committee
PICKERIN Report Number: PD 06-12
Date: March 5, 2012
15
From: Neil Carroll
Director, Planning & Development
Subject: Zoning By-law Amendment Application A 26/08
A. Adjedani
1234 Kingston Road
Lot 17, Plan 489
City of Pickering
Recommendation:
1. That Report PD 06-12 of the Director, Planning & Development be received;
2. That Zoning By-law Amendment Application A 26/08 submitted by Ali Adjedani to
permit limited commercial uses within an existing building on lands being Lot 17,
Plan 489, City of Pickering be approved subject to the conditions outlined in
Section 3.7 to Report PD 06-12;
3. That the owner be required to install an ecologizer unit for odour control in
association with any bakery or restaurant use on the property and this
requirement form part of any site plan approval for this property;
4. That the draft zoning by-law, to implement Zoning By-law Amendment Application
A 26/08, as set out in Appendix I to Report PD 06-12, be forwarded to City
Council for enactment, and;
5. Further, that Council endorse the granting of an easement over abutting
City-owned lands being part of the unopened Wilanna Road right-of-way and
part of Lot 18, Plan 489 (shown as Parts 2 and 3 of the Topographical Survey as
shown on Attachment #10 to Report PD 06-12), in favour of the owner of 1234
Kingston Road, to be used for grading and sanitary/stormwater service
connections.
Executive Summary: The applicant proposes to amend the existing zoning of the
property from "R3" - Single Residential to "MU-20" Mixed Use in order to permit limited
commercial uses within the existing building. The subject property currently supports a
146 square metre detached dwelling which is intended to be converted into a
commercial building with a 61 square metre partial second storey addition (see Location
Map and Applicant's Submitted Plan, Attachments #1 and #2).
The Toronto and Region Conservation Authority (TRCA) advise that the subject lands
are located within a Regional Storm Flood Plain associated with Pine Creek. The creek
abuts the subject property immediately to the north and east.
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 2
16
Although development is restricted on lands designated as flood plain, minor changes
to existing structures may be considered provided it is demonstrated that the existing
building and parking area can be flood proofed in the event of a Regional flood, and
that the risk to property and loss of life is reduced.
The applicant has conditionally satisfied'TRCA, the Region of Durham and the City's
requirements respecting redevelopment of the property. These requirements will be
addressed through conditions of Site Plan Approval and specific zoning provisions
established through this application.
The recommended zoning will establish performance standards for the subject lands
that will permit the conversion of the existing residence to a commercial establishment
containing commercial uses that are compatible with the surrounding neighbourhood
and conform to the Pickering Official Plan. The proposed by-law contains requirements
that will allow the conversion and minor expansion of the existing one storey detached
residential building into a partial two storey commercial building with appropriate
performance standards.
It is recommended that this application be approved and the draft by-law amendment
be forwarded to Council for enactment.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed recommendation.
1.0 Background:
The subject property is generally located on the north side of Kingston Road,
west of Liverpool Road. The property also abuts Pine Creek to the east and
north (see Location Map, Attachment #1). The property has a lot frontage of
approximately 30 metres and a lot area of 0.23 hectares. The property is
currently occupied by a 146 square metre one storey detached dwelling, which is
intended to be converted into a commercial building with a 61 square metre
partial second storey addition (see Applicant's Submitted Plan, Attachment #2).
Surrounding land uses are residential, commercial and open space. The
property is regulated to the east and north by the Toronto and Region
Conservation Authority due to its location within the Pine Creek flood plain.
The Durham Regional Official Plan and the City's Official Plan designate the
property Mixed Corridors which permits a wide range of commercial and/or
residential development along Kingston Road. The Region and City Official
Plans also designate the north and east portion of the property as Key Natural
Heritage and/or Hydrologic Features (KNHHF) and Open Space System -
Natural Areas; development in these areas is restricted. The proposed
development complies with the Regional and City's Official Plan.
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 3
The application proposes to amend the existing "R3" Residential zoning to a
Mixed Use zoning ("MU-20") in order to permit a range of commercial uses.
The owner of the subject property intends to redevelop the property to
accommodate a pizza restaurant establishment.
2.0 Comments Received:
2.1 Before the Public Information Meeting
A letter was received from Mary Aroukatos, representing the neighbouring
property to the west at 1222 Kingston Road (see Attachment #5).
2.2 At the April 6, 2009 Public Information Meeting
(see Meeting Minutes, Attachment #4)
Doug Howard of 1775 Storrington Street commented that the subject property
should remain residential. He noted that commercial zoning permitting a
restaurant would bring food odours and increased garbage which would attract
animals. He also noted that the proposed commercial uses may damage Pine
Creek.
Mary Aroukatos expressed concern on behalf of the owners of 1222 Kingston
Road. The concerns identified are listed below:
• a shared driveway access between 1222 and 1234 Kingston Road
• the removal of existing vegetation on the subject property caused by the
shared driveway access
• the proposal of patio space on the subject property
• increased flood-risk caused by development on the subject property
• the proposed restaurant turning into a bar and other similar establishments
• proposed building should be developed in a way that will enhance Kingston
Road (such as to what exists at the bottom of Liverpool Road)
• traffic lights in front of the Loblaws entrance on Kingston Road should be
considered to address traffic
Paul Newman of 1769 Storrington Street was opposed to a proposed pizza
restaurant establishment, however he was not opposed to other commercial
uses such as office type uses.
2.3 Agency Comments (see Attachments #6, #7 and #9)
Durham Region • no objections provided that the subject property
Health Department is serviced by municipal sanitary sewer and
municipal water
• if municipal sanitary sewer is not available, a
new Class IV private sewage disposal system
will have to be installed to service the proposed
development (see Attachment #6)
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 4
Durham Region • the northern portion of the subject lands contain
Planning Department "Key Natural Heritage and/or Hydrologic
Features", development is not permitted in these
areas
• there are no matters of provincial interest
applicable to this application
• existing building is serviced by municipal water
supply and a private disposal system
• a shared access arrangement should be
implemented to provide access to both 1222
Kingston Road'and the subject lands
• the Region requires documentation that the
cross-access easement agreements are in place
and have been registered on title, as part of the
Site Plan Approval application (see Attachment
#7)
Toronto and Region zoning changes to permit lower-risk commercial
Conservation Authority uses (such as a take-out restaurant use) may be
acceptable so long as the residential use is
removed from the property as part of this zoning
amendment
• redevelopment (including parking) must be
limited to the greatest extent possible on the
subject lands
• any future site plan application must incorporate
adequate flood proofing and access
considerations (see Attachment #9)
3.0 Discussion:
3.1 Compliance with the Provincial Policy Statement and the Planning Act will
be achieved through zoning by-law provisions and Site Plan Approval
Following the Public Information Meeting, the applicant met with the Toronto and
Region Conservation Authority (TRCA) and the City to discuss uses that were
considered as low-risk to human safety and property, and were compatible with
the Provincial Policy Statement. TRCA advised that in order to comply with the
PPS, the following must be adhered to:
• the building can increase its gross floor area by no more than 50 percent
• no expansion to the existing footprint of the building
• existing residential uses and other uses which are considered as high-risk
could not be included as a permitted use on the subject property
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 5
19
• introduction of lower-risk commercial uses (such as a restaurant, business
office or retail store) could be considered as part of the zoning by-law
amendment and
• ensuring that specific flood proofing measures are technically feasible and
acceptable to the TRCA (see Attachment #9)
The applicant subsequently amended the proposal to remove 'residential' as a
requested permitted use, request low-risk commercial uses, and incorporate
flood proofing and access measures considered necessary by TRCA and City
Planning staff (see Appendix I for proposed list of commercial uses).
TRCA and City staff have reviewed a feasibility and flood proofing measures
analysis submitted by the applicant's Engineer. Excess stormwater runoff from
the subject property is proposed to be redirected through City-owned lands into
Pine Creek. To facilitate development, the applicant has requested that the City
grant an easement over abutting City-owned lands in favour of the owner of 1234
Kingston Road for stormwater management and servicing purposes (shown as
Parts 2 and 3 of Attachment #10). The easement will accommodate a sanitary
service connection into an existing sanitary trunk sewer situated within the
Wilanna Road right-of-way. The owner will also be required to satisfy a variety of
matters prior to receiving Site Plan Approval (see Section 3.7 for Site Plan
Review development matters).
3.2. Rear portion of the subject lands will be protected through rezoning
The Region of Durham Official Plan designates the northern portion of the
subject lands as "Key Natural Heritage and/or Hydrologic Features" (KNHHF).
Development is not permitted in these areas. Since the expansion to the existing
building will be restricted through the zoning by-law to the current footprint, and
since the parking area is limited to the front of the building, TRCA and City
Planning staff are satisfied that the rear portion of the subject lands will be
protected. The limits of the KNHHF will be defined through the Site Plan
Approval process.
3.3 Proposed commercial uses are appropriate and compatible along Kingston
Road
Kingston Road is designated as a mixed use corridor in the City's Official Plan,
which is intended to support a wide range of residential and commercial uses.
TRCA and City Planning staff supports only the following commercial uses,
which are considered to be low-risk to human safety and property:
• Bakery • Personal Service Shop
• Business Office • Professional Office (Non-Medical)
• Convenience Store • Restaurant - Type A
• Financial Institution • Retail Store
• Laundromat
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 6
20 Staff acknowledges the applicant's intent to convert the existing residence into a
pizza restaurant establishment while providing zoning flexibility for other low-risk
commercial uses. Pizza establishments typically incorporate a take-out
component which may incorporate a small accessory seating area for customers.
A "Restaurant - Type A" designation (where food can be consumed on or off the
premises or both) is considered most appropriate to accommodate a pizza
establishment. However, a restriction in seating area to a maximum of 20
square metres is also recommended to control the eat-in element of the
business.
As a condition of this approval and, as a future condition of Site Plan Approval,
the owner will be required to provide an ecologizer unit to mitigate potential food
odours from either a restaurant or bakery establishment.
In response to the neighbouring owner's concerns and due to the restricted
available site area, an outdoor patio is not permitted in the recommended by-law
(see Draft Zoning By-law, Appendix 1).
Due to the location within the Pine Creek flood plain, only limited low-
risk land uses may be considered, and redevelopment opportunities are limited.
risk
The applicant's proposal will enhance the exterior building fagade and improve
the presentation of the building to Kingston Road. The site plan approval
process will provide an opportunity to address the objectives of the Urban Design
Guidelines while acknowledging site improvement limitations.
3.4 The existing driveway entrance will remain in its current location
The Region of Durham originally requested that the existing driveway entrance
be relocated to the west limit of the property in order to provide a shared
driveway access with the abutting property owner at 1222 Kingston Road and
other lands to the west (see Attachment #7).
At the Public Information Meeting, Mary Aroukatos (acting on behalf of the
owners of 1222 Kingston Road) objected to a proposed shared driveway access
between both properties. She also raised concern that a shared driveway will -
require the removal of vegetation that currently exists between the two properties
(see Attachments #4 and #5).
In response to the neighbouring owner's concerns and the limited development
potential between 1735 Walnut Lane and Pine Creek, the Region has agreed to
retain the existing driveway entrance (see Applicant's Revised Submitted Plan,
Attachment #3).
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 7
21
3.5 A signalized intersection is not required within the vicinity of the subject
lands
In response to a comment by a resident suggesting the signalization of the
intersection in front of the Loblaws entrance off of Kingston Road to help
alleviate traffic in the vicinity of the subject lands, the Region of Durham has
advised that a signalized intersection is not required within the vicinity of the
subject lands, nor is it being considered for future signalization (see Attachment
#8).
3.6 Sustainability implications have been reviewed
Staff's review of the application against the City's Draft Sustainable Development
Guidelines resulted in a score below the Level 1 standard. Given the small
scope of the application and the applicant's proposal to convert the existing
building from residential to commercial, there is limited opportunity to achieve a
Level 1.
The proposed development will take advantage of existing infrastructure and
services within the City's urban area. The applicant intends to preserve,
enhance and undertake remedial planting to the greatest extent possible on the
subject property and on abutting City-owned lands to the east, in accordance
with the requirements of the TRCA and the City of Pickering.
Further opportunities exist for the owner to consider additional sustainable
options through Site Plan and Building Permit review.
3.7 All Development matters will be addressed during the Site Plan Review
process
Site development matters concerning the City, Region and TRCA will be
addressed through the Site Plan Review process, which will focus on items such
as, but not limited to the following:
• easements on City lands to accommodate flood protection of the existing
building and parking lot
• registered reference plan illustrating City lands required for easement
purposes
• remedial plantings within the creek as compensation for disturbance to the
natural area on abutting City-owned lands to the east
• pedestrian accessibility
• fagade design
• outdoor lighting and light intrusion
• landscaping
• signage
• accessibility
I
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 8
22
• parking locations for approximately 10 car parking spaces
• stormwater management
• odour control for bakery or restaurant use
• potential contribution toward a walkway/trail study along Pine Creek (south
of the pedestrian bridge crossing, north of the subject property)
• vehicular access to Kingston Road to the satisfaction of the Region of
Durham
3.8 By-law to be forwarded to Council
The draft zoning by-law attached as Appendix I to this report establishes a mixed
use zone which removes residential permissions and permits the establishment
of a restaurant and a variety of low-risk commercial uses. All permitted uses are
restricted to the existing building footprint as required by TRCA.
It is recommended that the draft by-law be finalized and forwarded to Council.
4.0 Applicant's Comments
The applicant concurs with the recommendations of this Report.
Appendix:
Appendix I Draft Implementing Zoning By-law
Attachments:
1. Location Map
2. Applicant's Submitted Plan
3. Applicant's Revised Submitted Plan
4. Public Meeting Minutes
5. Public Comments - Mary Aroukatos
6. Agency Comments - Durham Region Health Department
7. Agency Comments - Durham Region Planning Department
8. Agency Comments (email) - Durham Region Works Department
9. Agency Comments - Toronto and Region Conservation Authority
10. City Lands Proposed by Applicant to Accommodate Stormwater Runoff
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 9
23
Prepared By: Approved/Endorsed By:
Ashley Yea o , MCIP, RPP Neil Carrol , , RPP
Planner II Director, Planning & Development
Ross Pym, MCIP, P
Principal Planner - Development Review
AY:RP:jf
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering 'ty Council,
_
ZZ, ZO(Z
Tony revedel, P.Eng
Chief Administrative Officer
2 4 Appendix I to
Report PD 06-12
Draft Implementing Zoning By-law,
Amendment Application A 26/08
DM4FF r
The Corporation of the City of Pickering
By-law No. XXXX/12
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering, Region of
Durham in Part of Lot 17, Plan 489, in the City of Pickering (A 26/08).
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit limited commercial development on the subject lands, being Part of Lot 17, Plan
489 in the City of Pickering;
And whereas an amendment to By-law 3036, as amended, is therefore deemed
necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule I
Schedule I attached hereto with notations and references shown thereon is
hereby declared to be part of this By-law.
2. Area Restricted
The provisions of this By-law shall apply to those lands in Part of Lot 17, Plan
489, in the City of Pickering, designated "MU-20" on Schedule I attached hereto.
3. General Provisions
No building, land or part thereof shall hereafter be used, occupied, erected,
moved, or structurally altered except in conformity with the provisions of this
By-law.
4. Definitions
In this By-law,
(1) "Adult Entertainment Parlour" shall mean a building or part of a building in
which is provided, in pursurance of a trade, calling, business or
occupation, services appealing to or designed to appeal to erotic or sexual
appetites or inclinations;
By-law No. XXXX/12 DRAFU Page 2
26
(2) "Bakery" shall mean a building or part of a building where baked food
products are prepared and offered for retail sale, and which may include
incidental baking;
(3) "Business Office" shall mean a building or part of a building in which the
management or direction of a business, a public or private agency, a
brokerage or a labour or fraternal organization is carried on and which
may include a telegraph office, a data processing establishment, a
newspaper publishing office, the premises of a real estate or insurance
agent, or a radio or television broadcasting station and related studios or
theatres; but shall not include a retail store;.
(4) "Convenience Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessities are kept
for retail sale primarily to residents of, or persons employed in, the
immediate neighbourhood;
(5) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(6) (a) "Floor Area" shall mean the aggregate of the floor areas of all storeys
above or below established grade, but shall exclude the floor area of
any parts of the building used for mechanical equipment, stairwells,
elevators, and any part of the building below established grade other
than that used for retail commercial or office purposes;
(b) "Gross Leasable Floor Area" shall mean the aggregate of the floor
areas of all storeys above or below established grade, designed for
owner or tenant occupancy or exclusive use only, which may also
include an outdoor patio, but excluding storage areas below
established grade;
(7) "Landscaped Open Area" shall mean the area on the lot free from
buildings and/or structures suitable for the growth and maintenance of
vegetated plants such as grass, flowers, shrubs, trees and other
landscape features which may include walkways, berms, retaining walls,
decorative pavers, bricks or stones and outdoor amenity areas including
patios, but shall not include driveways, drive aisles, internal roads, parking
areas, curbs or any exterior garbage storage or handling area;
(8) "Laundromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental
equipment;
By-law No. XXXX/12 DRAFT Page 3 27
(9) "Personal Service Shop" shall mean an establishment in which a personal
service is performed and which may include a barber shop, a beauty
salon, a shoe repair shop, a tailor or dressmaking shop or a photographic
studio, but shall not include a body-rub parlour as defined in the Municipal
Act, 2001, as amended from time to time, or any successor thereto;
(10) "Professional Office - Non-Medical" shall mean a building or part of a
building in which legal or other professional service is performed or
consultation given, and which may include the offices of an architect, a
chartered accountant, an engineer, or a lawyer, but shall not include the
office of a physician or a body-rub parlour as defined in the Municipal Act,
2001, as amended from time to time, or any successor thereto;
(11) "Restaurant - Type A" shall mean a building or part of a building where
food is prepared and offered or kept for retail sale to the public for
immediate consumption on the premises or off the premises, or both, but
shall not include an adult entertainment parlour as defined herein;
(12) "Retail Store" shall mean a building or part of a building in which goods,
wares, merchandise, substances, articles or things are stored, kept and
offered for retail sale to the public;
(13) (a) "Yard" shall mean an area of land which is appurtenant to and located
on the same lot as a building or structure and is open, uncovered, and
unoccupied above ground except for such accessory buildings,
structures, or other uses as are specifically permitted thereon;
(b) "Front Yard" shall mean a yard extending across the full width of a lot
between the front lot line of the lot and the nearest wall of the nearest
main building or structure on the lot;
(c) "Front Yard Depth" shall mean the shortest horizontal dimension of a
front yard of a lot between the front lot line and the nearest wall of the
nearest main building or structure on the lot;
(d) "Rear Yard" shall mean a yard extending across the full width of a lot
between the rear lot line of the lot, or where there is no rear lot line, the
junction point of the side lot lines, and the nearest wall of the nearest
main building or structure on the lot;
(e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a
rear yard of a lot between the rear lot line of the lot, or where there is
no rear lot line, the junction point of the side lot lines, and the nearest
wall of the nearest main building or structure on the lot;
By-law No. XXXX/12 DRAFF Page 4
2,
(f) "Side Yard" shall mean a yard of a lot extending from the front yard to
the rear yard, and from the side lot line to the nearest wall of the
nearest main building or structure on the lot;
(g) "Side Yard Width" shall mean the shortest horizontal dimension of a
side yard of a lot between the side lot line and the nearest wall of the
nearest main building or structure on the lot;
(h) "Flankage Side Yard" shall mean a side yard immediately adjoining a
street or abutting on a reserve on the opposite side of which is a street;
(i) "Interior Side Yard" shall mean a side yard other than a flankage side
yard.
5. Provisions
(1) Uses Permitted ("MU-20" Zone)
No person shall within the lands designated "MU-20" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or structure
for any purpose except the following:
(a) Bakery
(b) Business Office
(c) Convenience Store
(d) Financial Institution
(e) Laundromat
(f) Personal Service Shop
(g) Professional Office (Non-Medical)
(h) Restaurant - Type A
(i) Retail Store
(2) Zone Requirements ("MU-20" Zone)
No person shall within the lands designated "MU-20" on Schedule I
attached hereto, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
By-law No. XXXX/12 DRAFT Page 5
29
(a) Building Restrictions
(i) Despite any other provisions of Zoning By-law 3036, the
permitted uses shall only occur within the building existing as
of the day of the passing of this by-law as shown on the
Topographical Survey of Part of Lot 17, Registered Plan 489
completed by the Ontario Land Surveyor on April 23, 2008,
Project Number 08-027-T, being the building which existed at
the time of the passing of the by-law:
(ii) Building Height (maximum): 9.0 metres
(iii) Open Storage:
A All uses other than parking shall take place entirely
within enclosed buildings or structures with no outside
storage or display permitted.
B Despite Paragraph 5(2)(a)(iii)(A) above, one detached
garbage enclosure with a maximum gross floor area of
10 square metres is permitted in the side yard only.
(iv) Front Yard Landscaped Open Area (minimum): 15 percent
(b) Parking Requirements
(i) There shall be provided and maintained on the lot a minimum
of 4.5 spaces per 100 square metres of gross leasable floor
area for all uses permitted under the "MU-20" Zone;
(ii) Despite Clause 5.21.2b) of By-law 3036, as amended,
parking shall be setback 3.0 metres from all side lot lines;
(iii) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all parking areas including driveway entrances and
exits shall be surfaced with brick, asphalt, concrete,
permeable materials, or any combination thereof;
(c) Special Regulations:
(i) A maximum gross floor area of 220 square metres is
permitted for all buildings on lands zoned "MU-20";
(ii) All portions of the building or structure below finished grade
shall be used only for storage accessory to a permitted use;
By-law No. XXXX/12 ORAFr Page 6
30 (iii) Despite Section 5.(1) of this by-law, only one business
operation may be established at any one time on lands
zoned "MU-20" on Schedule I attached hereto;
(iv) In a building containing a Restaurant Type 'A', a maximum
gross leasable floor area of 20 square metres may be used
for the consumption of food on the premises;
v No drive through facility shall be permitted in association with
any of the uses permitted on the lands designated "MU-20"
on Schedule I attached hereto;
(vi) No outdoor and/or rooftop patios shall be permitted on lands
designated "MU-20" on Schedule I attached hereto.
6. By-law
By-law 3036, 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 the area
set out in Schedule I attached hereto. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 3036, as amended.
7. 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 , 2012.
David Ryan, Mayor
Debbie Shields, City Clerk
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PROPERTY DESCRIPTION LOT 17, PLAN 489
OWNER A. ADJEDANI & S. ALIYANNAJAD DATE JAN. 21, 2009 DRAWN BY JB
-1 FILE No. A 26/08 SCALE 1:5000 CHECKED BY AY H
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33
Information Compiled From Applicant's
Submitted Plan
A 26/08 -
A. Adjedani & S. Aliyannajad
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
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REPORT# PD
34
Information Compiled From Applicant's
Revised Submitted Plan
A 26/08 -
A. Adjedani & S. Aliyannajad
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
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DIVISION MAPPING AND DESIGN, FEB. 16, 2012.
ATTACHMENT TO
REPORT# PD 0~ - 12 Excerpts from
City o¢ _ Planning & Development
Committee Meeting Minutes
Monday, April 6, 2009
7:30 pm - Council Chambers
Chair: Councillor Little y
i
3. Zoning By-law Amendment - A 26/08
A. Adjedani & S. Aliyannajad
1234 Kingston Road
(Lot 17, Plan 489)
City of Pickering ,
A public information meeting was held under the Planning Act, for the purpose
of informing the public with respect to the above noted application.
Lynda Taylor, Manager, Development Review gave an outline of the
requirements for a Statutory Meeting under the Planning Act. She also noted
that if a person or public body does not make oral or written submissions to the
City before the by-law is passed; that person or public body are not entitled to
appeal the decision of City Council to the Ontario Municipal Board, and may not
be entitled to be added as a party to the hearing unless, in the opinion of the
Board, there are reasonable grounds to do so.
Ashley Yearwood, Planner I, gave an overview of zoning amendment
application A 26/08.
Grant Morris, Planning Consultant for the owner appeared before the
Committee in support of the application,. Mr. Morris noted that when the owner
purchased.the property he thought he could rezone the property to allow for the
Pizza restaurant but just recently was advised' by the Conservation Authority
that the floodplain boundaries had been changed and they would not support
the application. Mr. Morris noted that the owner was in discussions with the
Conservation Authority.
Doug Howard, 1775 Storrington Street appeared before the Committee in.
opposition to the commercial zoning and felt that it should remain residential.
He stated that his concerns regarding commercial zoning allowing for a
restaurant would bring food odours to the area, .created more garbage which
would attract wildlife or rodents. He
questioned what would happen if the pizza
restaurant did not work, what use would come next. Mr. Howard also felt that
this use would put additional strain and damage on the creek which was next to
the property.
Mary Aroukatos the representative for Nancy and Betty Aroukatos, owners of
1222 Kingston Road appeared before the Committee with concerns regarding
the rezoning. She stated that her clients felt that the driveway should not be
moved and noted that there were a number of mature trees along the property
line that should be protected. She stated that they felt once commercial zoning
1
ATTACHMENT
FIEpO m - / Excerpts from
y _ Planning & Development
Committee: Meeting Minutes
Monday, April 6, 2009
7:30 pm - Council Chambers
Chair: Councillor Littley
was allowed then it would just continue to grow in this area. Ms. Aroukatos
also noted the heavy traffic in the area and felt this type of zoning would make
it worse and also noted that there had been flooding problems on the property
and that the grading should be looked at. Ms. Aroukatos noted that if this is
what the City is planning for this area then they should follow the same type of
concept that they planned at the bottom of Liverpool Road where the
commercial units closed early in the evening. She also.stated that they
definitely did not want a patio to be allowed. Written submission was received
in the Clerk's Division on April 6th regarding their concerns.
Paul Newman, 1769 Storrington Street appeared before the Committee and
noted his opposition to the Pizza Restaurant for the property. He stated that he
is not opposed to the commercial zoning but it should be office type uses and
not food or drinking type uses. Mr. Newman stated that when rezoning this.
area consideration should be given to the surrounding residential component.
1
ATTACHM6ENT# S TO
REPORT# PD D
MARY AROUKATOS B.A. PARALEGAL SERVICES
1615 ORION CRT. 37
PICKERING, ONTARIO
L1V 3T5
Phone: 416 -839-4068
Fax: 905-492-0466
May 13, 2009
maryh.paralegal@rogers.com
RECEIVED
MAY 14 2009
Mr. Ashley Yearwood
CITY of PICKERING
City of Pickering PLANNING AND
DEVELOPMENT DEPARTMENT
One The Esplanade
Pickering, Ontario
L1V 6K7
i
I,
RE: Zoning By-law Amendment Appliciation A 26/08(1234 Kingston Rd.)
Dear Mr. Yearwood,
Pursuant to the meeting held April 6, 2009 1 attended at the Region of Durham in Whitby to investigate
the allegation that the applicant's representative made regarding moving the existing driveway adjacent
to that of my clients' at 1222 Kingston Rd.. I was told that there would be no shared access unless my
clients' agreed. , The Region representative also advised that the City of Pickering received the region's
recommendations in a letter addressed to you dated April 15, 2009. Please accept this letter as a
formal notice to the City of Pickering that there will be no'shared access arrangement with 1222
Kingston Rd. The Region of Durham has been served the same notice. I appreciate your cooperation
in reviewing this matter and notifying the appropriate parties.
Sincerely,
Mary Aroukatos
38
AWACHMIEW#-L-To
REPORT#PO RECEIVED
MAR 1 02009
CITY OF PICKERING
PLANNING AND
DEVELOPMENT DEPARTMENT
March 9, 2009
The Regional
Municipality City of Pickering
of Durham Planning Department/Building Development
Health Department One The Esplanade
Pickering, ON L IV 6K7
ENVIRONMENTAL
HEALTH DIVISION
1.01 CONSUMERS DR. Attention: Debi Wilcox - City Clerk.
2ND FLOOR
WHITBY ON L1 N 1 C4
i,ANADA Dear-Madam:
905-723-3818
1-888-777-9613 Re: A/26/08 - Zoning Application
Fax: 905-666-1887 Lot 17, Plan 489 (1234 Kingston Road)
www.durham.ca City of Pickering
Applicant: A. Adjedani and S. Aliyannajad
An Accredited
Public Health Agency
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.
AKip I(C)
lic Health Inspector
Pub
Environmental Health Division
KK/cw
"Service Excellence
forou, Co~iiniunities" ® ,
100% Post Consumer
ATTACHMiENT#=TO
REPORT# PQ_ 06 ' 3
April 15, 2009
Ashley Yearwood, Planner
• Planning - Development Review
City of Pickering
One'The Esplanade
Pickering,' Ontario
The Regional LlV 6K7
Municipality
of Durham
Mr. Yearwood:
Planning Department ,
605 RosSLAND ROADE Re: Zoning Amendment Application A26/08
4TH FLOOR Applicant:.* A. Adjedani & S. Aliyannajad /.Grant Morris Associates Ltd.'
Po Box 623 Location: 1234 Kingston Road
WHITBY ON Li N'6A3
CANADA Part of Lot 23, Concession 1
.
905-668-7.711 .,Municipality:' City of Pickering
Fax: 905-666-6208 .
E-mail: planning®
reglon.durham.on.ca We have reviewed this application to amend.the zoning on the above noted
property. The following, comments are offered for your. consideration.
www.region. durham.on:ca
A.L. Georgieff, MCIP, RPP The purpose of the application is to. amend the zoning on the subject property to
commissioner of Planning permit commercial uses on the first floor of an existing building and residential uses
to a proposed second floor addition. The site is currently zoned '133' (Residential
Detached Dwelling).
Regional Official Plan
The subject lands are designated 'Living Area' and 'Regional Corridor' in the
Durham Regional Official Plan. Regional Corridors.shall be' developed as mixed-
use areas, which include residential, commercial and service areas with higher
densities, supporting higher order transit services and featuring a high degree of
pedestrian oriented design. Further., Regional Corridors shall provide efficient
transportation links to' Regional Centres as Well. as other centres in adjacent
municipalities. The application is in conformity with the Regional Plan.
The northern.portion of the subject lands contain "Key Natural Heritage and
Hydrologic Features" as identified in Schedule 'B'- Map 'B1 d' of the Plan. Section
2.3.14 of the Plan indicates development is not.permitted in key natural heritage
and/or hydrologic features, and any.associated vegetation protection zone.
The subject lands abut Highway 2 (Kingston Road), a Type 'B' arterial road iii the
Plan.
Provincial Policies & Delegated Review Responsibilities
This application has been screened 'in accordance with the terms of the provincial
plan review responsibilities. There are no matters of provincial plan interest
applicable to this application.
"Service Excellence '
for, our Communities"
10096 Post Consumar
4 REPORT# PD
Servicing
The existing building is serviced by municipal water supply and a private disposal
system.
Transportation
Given the location of the existing .driveway for the adjacent property (1222 Kingston
Road)we will require that a shared access arrangement be implemented to,
provide access to both 1222 Kingston Road and the subject lands. The applicant
will be responsible for contacting the adjacent property owner and providing a
revised site plan.drawing demonstrating a shared access design. Further, We will
require documentation that the necessary cross access easement agreements are
in place and have been registered on title, as part of the Site Plan Approval.
application.
Please contact me should you. have any questions or require any additional
information regarding this matter.
Henry Tang, Planner
Current Planning
cc: Regional Works Department -.Pete Castellan
I
ATTACH MENT# ~ TO 41
Yearwood, Ashley REPORT# PD
Subject: FW: RE: Purchase of Wlanna Road Right-of-Way Discussion(ZoningAmendmentA 26/08)
From: Peter Castellan rmaiIto: Peter. Castel Ian@durham.cal
Sent: May 27, 2011 12:49 PM
To: Yearwood, Ashley
Cc: Starr, Robert; Wouters, Margaret
Subject: RE: Purchase of Wilanna Road Right-of-Way Discussion(ZoningAmendmentA 26/08)
Ashley,
With regards to signalizing the driveway ...the location does not meet our requirement for distance separation between
signals, as this is a tee intersection, it is unlikely to meet the warrant for a signal and the fact the property has a
signalized intersection at Liverpool Road, this location would not be considered for future signalization.
Regards,
PETE CASTELLAN
Development Approvals
The Regional Municipality of Durham
Works Department
605 Rossland Road East, Level 5
P.O. Box 623, Whitby, ON
Phone: 905-668-4113 ext 3411
Fax: 905-668-2051
Mobile: 905-261-7382
www.durham.ca
"Yearwood, Ashley" <ayearwood@cityofpickering.com> 26/05/20116:32 pm
Good afternoon Pete,
In addition to my comments below, can you also look into the appropriateness of having a traffic
light along Kingston Road in front of the Loblaw's entrance beside Pine Creek?
Thank you.
Yours truly,
Ashley Yearwood
Planner
Planning & Development Department'
City of Pickering
T: 905.420.4660 ext. 2913 PICKERING
Toll Free: 1.866.683.2760 11 iCEN ENNNIAI 01 t
F: 905.420.7648
TTY: 905.420.1739
ayearwood(cD-cityofpickering.com
1
I
- ATTACHiMENU-2-M
REPORT# PD
C5h96YVS `Y~
ion
i
for The Living City
September 25, 2009 CFN 41890.02
_ r
VIA MAIL AND EMAIL tyearwood(cDcitypickering.on.ca)
Mr. Ashley Yearwood
City of Pickering
Pickering Civic Centre
One The Esplanade
Pickering ON L1V 6K7
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 subsequent to our meeting at your offices on April 29 held to discuss the application
above and, specifically, TRCA's previous correspondence of March 18, 2009 regarding the
application.
Removal of Residential Use
At the meeting you will recall that TRCA staff discussed our objection, to the application based
upon the addition of new commercial uses on the subject lands in addition to the existing
permitted residential use. However, we indicated a willingness to consider a zoning change
that would remove the existing residential zoning and instead allow for specific lower-risk
commercial uses such as the proposed take out restaurant use. Such a change would be
subject to technical feasibility and specific floodproofing measures to be set by TRCA based
upon the flood risk present. As this consideration received a favourable response from the
owner, TRCA staff undertook to conduct additional analysis of such an option. We have now
had the opportunity to review this matter and wish to provide the following for the applicant's
and City of Pickering staff consideration.
Flood Risk Present
Our analysis continues to show 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.
Given this flood risk, every effort must be made to ensure that re-development is limited i
(including parking) to the greatest extent possible on the subject lands and that any future site
plan application incorporate adequate floodproofing and access considerations.
Concept Plan
In order to properly assess the feasibility of a proposed zoning change, we require a revised
FAHome\PublicTevelopment ServicesOurham Region\Pickering\1234 Kingston 3.wpd
Member of Conservation Ontario
5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca
ATTACHMENT# TO
REPO;rr# PD 06 - 4: 43
Mr. Ashley Yearwood -2- September 25; 2009
concept plan to be prepared. The concept.plan and supporting analysis must demonstrate.the
following:
• Ability to floodproof the structure to the Regional Storm Flood Plain Elevation of 84.16
meters above sea level.
• Parking areas must meet the flood depth and velocity criteria as specified on the
enclosed figure "Parking Lot Floodproofing Measures".
• No offsite increase of the flood risk to adjacent upstream and downstream properties;
and,
• An analysis of ingress and egress from the site from Kingston Road to achieve the
maximum level of flood protection for access that is feasible based upon the existing
elevation of the Kingston Road platform.
Proposed Uses
We are prepared to work with City of Pickering staff and the applicant to refine the zoning
amendment to minimize re-development and uses to a degree which would adequately respond
to the flood risk. If adequate floodproofing measures can be demonstrated on a concept plan,
we are willing to accept the following uses for the subject lands:
• Business Office
• Professional Off ice
• Restaruant Type C
• Retail Store
Conclusion
We trust that this letter provides the specific technical requirements that must be met in order
reduce the flood risk,present on the subject lands in support of the proposed zoning change.
Please contact me if you have any questions with respect to this matter.
Yours truly,
Chris Jones, IP, RPP
Senior Planner
Planning and Development
Extension 5718
CJ/
cc: Grant Morris, Grant Morris Associates Ltd. (Grant.Morris@rogers.com)
Steve Heuchert, TRCA
FAHomeTublic0evelopment ServicesOurham RegionTickering\1234 Kingston_3.wpd
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