HomeMy WebLinkAboutPD 41-02
2
Addendum to Report Number: PO 41-02
Date: December 30, 2002
Ciú¡ iJ~
REPORT TO
PLANNING COMMITTEE
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 4/02
John Taylor Truck Sales Inc.
3356 Balsam Road
South Part of Lot 5, Concession 5
Recommendation:
1.
That Zoning By-law Amendment Application A 4/02, be APPROVED subject to
conditions outlined in Appendix I to Addendum to Report No. PO 41-02, to
recognize the existing automobile recyding operation, submitted by John Taylor Truck
Sales Inc., at 3356 Balsam Road, being the south Part of Lot 5, Concession 5,
City of Pickering.
Executive Summary: The applicant requests a change to the zoning by-law to
recognize the existing legal non-conforming automobile recycling operation. Through
the Committee of Adjustment the owner received approval to expand the existing use.
The owner now wishes to rezone the property in order to formally recognize the existing
use and obtain zoning property rights (see Location Map, Applicant's Submitted Plan,
Attachments #1 & #2).
At the September 9th, 2002 Planning Committee Meeting, the application was referred
back to staff in order to respond to certain issues that were raised. The issues were
investigated and are addressed in this report. Following the review of the submitted
environmental information from the applicant and discussions with the Ministry of the
Environment it was concluded that it is appropriate to zone the site to recognize the
existing use.
The application is recommended for approval to recognize a long-standing use. If the
application is approved, the owner will proceed with improvements to the property as
outlined in the existing site plan agreement. An amendment to the site plan agreement
will be required to address certain proposed changes to the site. The implementing
zoning by-law proposes an (H) holding provision to ensure outstanding matters are
addressed prior to the zoning being applicable to the site.
Financial Implications:
proposed development.
No direct costs to the City are anticipated as a result of the
Addendum to Report PD 41-02
Date: December 30, 2002
3
Subject: John Taylor Truck Sales Inc. (A 4/02)
Page 2
Background:
1.0
Application On September 9, 2002, the Planning Committee considered
Report No. PD 41-02 that dealt with the subject application (see Attachment #3).
This report recommended approval of the subject application subject to
conditions. At the Committee meeting six (6) area residents spoke in opposition
to the applications. Various issues were raised and are identified in the minutes
of the meeting (Attachment #4). At the conclusion of the meeting the application
was referred back to staff to review the issues raised by the residents and require
that the applicant undertake an environmental audit to the satisfaction of the City.
2.0
Discussion
2.1
Response to Issues Identified
Request for Environmental Reports / Site Contamination
The applicant has submitted two reports to the City. The first report is a
Phase One Environmental Study and Phase Two Environmental Subsurface
Investigation (June 2000) prepared by the Environmental Management Group
Ltd. The second report is a Sewage Disposal System (April 2001) report prepared by
Hydro-Geo Limited.
The submitted Phase One Environmental Study and Phase Two Environmental
Subsurface Investigation state that there is evidence of petroleum hydrocarbon
impacts present in several areas of surface staining of the soil, all field and lab
test results consistently indicate that the concentrations are consistently below
the prevailing Ministry of the Environment Guidelines for required remediation
and cleanup.
The Ministry of the Environment was contacted and they have advised that they
checked their records and no violation or enforcement has occurred on the
subject property against the current operator. The Ministry of the Environment
has received complaints, however upon investigation no evidence of a violation
has been found.
Elements of the business, dealing with the disposal of used fluids, is conducted
through a company known as Safety Clean, who operate with a permit from the
Ministry of the Environment.
The second report dealt more specifically with the sewage disposal system. This
report also considers the hydro geological and soil characteristics of the site.
The findings of the report indicate that the property can support a new septic
system for the new building. This septic system and a new well have been
installed, with health unit approval.
4
Addendum to Report PD 41-02
Date: December 30, 2002
Subject: John Taylor Truck Sales Inc. (A 4/02)
Page 3
The City has reviewed these reports and finds that the recommendations are
acceptable and provides appropriate information on the subject property.
History of Fires on the Site
Pickering Fire Services has advised that they have responded to the property as
a result of complaints. However, none of the responses were considered
substantial in nature (no loss of life or serious injury, significant environmental
impacts or major loss of property).
Traffic on Balsam Road
Comments related to the road design and type of traffic on the road was
expressed. With respect to the City posting signs on the road that limits the size
of vehicle that is permitted was investigated and noted that the only restrictions
that have ever been posted relate to limiting the vehicle size to five (5) tonnes per
axle during March and April.
In terms of road design, Balsam Road is a rural cross-section gravel road that is
maintained by the City. The City has not considered any up-grades to the road
at this time as a result of this application.
Site Characteristics
Concerns have been expressed related to certain site characteristics such as
lights, fencing, ponds, the original building, and the area on the property where
auto recycling will be permitted. The majority of these matters are considered
and dealt with in the site plan agreement, which is being recommended to be
amended in order to address certain site matters,
Lighting:
The site plan agreement will address property lighting, taking into consideration
both the needs of the property owner in terms of security as well as the needs of
the abutting property owners in terms of light spill-over.
Fencing:
The owner is responsible to maintain the property fencing and it is being
recommended that certain site fencing be improved in order to provide an
appropriate level of screening. In the original report (PD 41-02) staff
recommended the construction of a 1.8 metre high fence along a portion of the
northern property. The height of the fence should be increased to 2.0 metres to
ensure the fence is in compliance with the requirements of the Business
Licensing By-law No. 1887/84, as amended. Furthermore the owner should
construct a new 2.0 metres high wood fence along the southern property line as
generally shown on Attachment #2. This fence is required in order to provide an
appropriate level of screening between the conflicting land uses.
Addendum to Report PD 41-02
Date: December 30,2002
5
Subject: John Taylor Truck Sales Inc. (A 4/02)
Page 4
Ponds:
The existing site contains stormwater management ponds along the southern
property line. These ponds are required as part of the original site plan
agreement in order to appropriately attenuate on-site stormwater run-off.
Auto Recycling:
As part of the subject application the owner intends to remove the original old
building. Staff are recommending that the area of the old building be
appropriately landscaped when it is removed.
The area on the property where auto recycling will be a permitted use will be
controlled in the amending zoning by-law. A portion of the property will be zoned
to an appropriate open space zone that would prohibit uses such as auto
recycling. The area that will be zoned to permit auto recycling will be reflective of
the area on the property where the use currently exists. A maximum gross floor
area will be established to reflect all buildings on site.
Business Operations
Concerns have been expressed related to how the business operates. Issues
such as noise, dust and the delivery of vehicles to the property have been
mentioned.
It is noted that the City of Pickering has a licensing by-law that governs the
operations of salvage yards. This by-law contains certain performance standards
that must be complied with prior to the issuance of a business licence. The
performance standards include matters related to dust and traffic. The current
business operator has not had any violations regarding this by-law and the City
has renewed the business licence.
In terms of the delivery of vehicles, it is being recommended that the site plan
include an after-hour drop-off area that is appropriately designed and screened
from public view. This will be a requirement of the amending site plan
agreement. The front yard of the site must be completed to incorporate the
parking lot and landscaping.
3.0
Applicant's Comments
The applicant is aware of the recommendations of the report.
Appendices:
Appendix 1. - Recommended Conditions of Approval
6
Addendum to Report PD 41-02
Date: December 30, 2002
Subject: John Taylor Truck Sales Inc. (A 4/02)
Page 5
Attachments:
1. Location Map
2. Applicant's Submitted Plan
3. Report PD 41-02
4. Planning Committee Meeting Minutes, September 9, 2002
Prepared By:
Approved I Endorsed By:
/2" ROSS~ ~ ,~ -
1D . Principal Planner - Development Review
Neil Carroll, c, P
Director, Plan' & Development
RP:jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Co ncil
..
Appendix I to
Addendum to Report Number PD 41- 02
7
RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW
AMENDMENT APPLICATION A 4/02
That the implementing zoning by-law:
(i)
amend Zoning By-law 3037 by amending the zoning on the subject
property to permit the establishment of an auto recycling operation on
a portion of the subject site and zone the remainder of the site open
space.
(a)
(ii)
include appropriate performance standards that recognize the
proposed buildings, such as; limit the maximum gross floor plan of all
buildings on site; identify a building envelope and identify an outdoor
storage area.
(iii)
include an U(H)" holding provision and that the requirement to remove
the U(H)" holding symbol be:
1. the owner construct 2.0 metre high wood privacy fencing along a
portion of the northern and southern property line as shown on an
approved s~e plan, to the satisfaction of the Director, Planning &
Development; and,
2. the owner enter into an amending site plan agreement with the
City that reflects the required changes to the site design including
but not limited to; removal of original building and breezeway
connection; privacy fence along portions of the north and south
property lines; appropriate landscaping in the front yard; and the
creation of an appropriate vehicle drop-off area that is screened
from public view.
8
ATTACHMENT' 1 TO
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PROPERTY DESCRIPTION PART OF LOT 5, CONCESSION 5
APPLICANT JOHN TAYLOR TRUCK SALES INC. DATE APR. 11,2002
APPLICATION No. A 04/02 SCALE 1:10000
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54
REPORT TO THE
PLANNING COMMITTEE
Report Number: PO 41-02
Date: August 22, 2002
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 04/02
John Taylor Truck Sales Inc.
3356 Balsam Road
South Part of Lot 5, Concession 5
Recommendation:
1.
That Zoning By-law Amendment Application A 04/02, be APPROVED subject to
conditions outlined in Appendix I to Report No. PO 41-02, to recognize the
existing automobile recycling operation, submitted by John Taylor Truck Sales Inc., at
3356 Balsam Road, being the south part of lot 5, concession 5, City of Pickering.
Executive Summary:
The applicant requests a change to the zoning by-law to recognize the existing legal
non-conforming automobile recycling operation. The existing use is considered a legal
non-conforming use in that it predates the by-law. Over the years, the owner has made
applications to the Committee of Adjustment and received approval to permit the
expansion of the existing use. The owner now wishes to rezone the property in order to
formally recognize the existing use and obtain zoning property rights. (See Location
Map, Applicant's Submitted Plan, Attachments #1 & #2).
The application is recommended for approval to recognize a long-standing use. If the
application is approved, the owner will proceed with improvements to the property as
outlined in the existing site plan agreement. An amendment to the site plan agreement
will be required to address certain proposed changes to the site.
Financial Implications:
No direct costs to the City are anticipated as a result of the proposed development.
Report to Council PO 41-02
Date: August 22, 2002
Subject: John Taylor Truck Sales Inc. (A 4/02)
Page 2
55
Background:
1.0 Comments Received
1.1 May 16, 2002 Information Meeting
At the Information Meeting five (5) residents spoke in opposition to the application
(see text of Information Report and Meeting Minutes, Attachments #3 and #4)
Residents Opposed
- poor property management
- delivery of vehicles at night, after business is closed
- outdoor storage that is visible from the street
- increased traffic
1.2 Resident Correspondence
One correspondence received in opposition to the application, concerns expressed:
- environmental impacts on water quality due to the storage of old vehicles
- poor property management
- visible outdoor storage
- land use not compatible with residential land use proposed for nearby lands
(Fourteen EstateslBarclay Estates Ltd.)
- (see Attachment 5)
1.3 Agencies
Durham Planning Department
- complies with Regional Plan policies
- site in proximity to tributary of Carruthers
Creek and former lake Iroquois shoreline
and an adequate buffer should be
provided
Toronto and Region Conservation Authority - no objections
Durham District School Board
- no objections
Veridian Corporation
- no objections
56
Report to Council PD 41-02
Date: August 22, 2002
Subject: John Taylor Truck Sales Inc. (A 4/02)
Page 3
1.4 City Departments
Municipal Property & Engineering
- information should be provided on the
storage of any hazardous material
- the abutting road is not conductive to the
operation of proposed use; a cash-in lieu
contribution to upgrade the road to a hard
surface facility is required
Following receipt of comments from Municipal Property & Engineering staff
discussed the comment regarding the cash-in lieu contribution to upgrade the
road. The request was for a contribution of $500 per metre of frontage. The
subject property has a frontage of 125 metres. Therefore, the required contribution
would be $62,500. However, given that the purpose of the subject application is
to recognize a long-standing existing use, as opposed to new development, it
was determined that a contribution for road improvements would not be required
as a condition of approval.
2.0
Discussion
2.1
Status of Existing Legal Non-Conforming Use
The existing use is permitted on the subject property as it is a legal
non-conforming use. This use may remain on the subject site, without the
subject application, provided the auto recycling use continues to operate out of
the existinq building.
The owner has, in the past, made applications to the Committee of Adjustment to
permit the expansion of the existing use, the last application being in 1999 (file
PICA 78/99). The Committee of Adjustment could only permit the expansion of
the existing building and not the replacement, as the existing building must
remain in order to maintain legal non-conforming status. The owner, as a
condition of the Committee of Adjustment approval, entered into a site plan
agreement with the City and has constructed the new expansion with the
exception of the required "breezeway" connection between the old and the new
building and certain site improvements, including fencing and landscaping, The
owner has advised that the old building is no longer functional and wishes to
demolish it. In demolishing the old building, the "breezeway" connection between
the buildings would not be necessary. However, removal of the old building
would not be in keeping with the Committee of Adjustment approval or the site
plan agreement, and would eliminate the legal non-conforming status of the
property. The owner wishes to conclude the building construction requirements
and then finish the site improvements as per the site plan agreement.
Report to Council PD 41-02
Date: August 22, 2002 57
Subject: John Taylor Truck Sales Inc. (A 4/02)
Page 4
2.2
Compatibility with Surrounding land Uses
When considering land use compatibility, the usual consideration is whether a
new use that is being introduced into an area is compatible with the existing
uses. In the case of the subject application, the use proposed by the application
has been in operation for a long time. There is no new use being introduced.
The purpose of the application is to recognize the existing situation.
Any impacts on the surrounding area may be mitigated through certain site
improvements, through a site plan agreement.
2.3
Site Plan Requirements
The property is subject to an existing site plan agreement that requires certain
improvements to the property, such as the erection of a fence and the
establishment of a landscape area at the front of the property. Not all of the site
improvements have been completed to date. If approved, an amending site plan
agreement will be a requirement to reflect the elimination of the existing building
and the incorporation of additional site improvements.
As a condition of approval, it is recommended that the owner be required to erect
a 1.8 metre high wood privacy fence along the northern property line, starting
from the front of the new building and extending approximately 115 metres in
length. This fence will also be required to provide a 'tie back' to the new building.
On the south side of the recommended fence there is a proposed landscape
buffer zone that will be required to be planted with high branching coniferous
trees. The required additional planting of coniferous trees is in addition to the
required planting that is to be completed as per the existing site plan agreement.
The proposed privacy fence and the additional planting has been introduced to
help screen the auto recycling operation from the abutting residential use (See
Attachment #2 for location of proposed fence and trees).
It is further recommended that the landscape area at the front of the building be
appropriately established in such a fashion that it will not be used for vehicle
drop-off. The area where the original building sits should be appropriately
landscaped when the building is demolished.
If the property owner intends to receive vehicles in non-traditional business hours
the owner will be required to establish an appropriate drop-off location on the
property that is located andlor screened from public view. The existing practice
of having vehicles dropped off in front of the building after business hours is not
considered appropriate. The front of the building will be developed with a formal
parking lot and landscaped area. This area should not be used for vehicle
drop-off. Therefore, to address the concern, a specific area must be identified as
an after-hour drop-off area that is appropriately designed and screened from
public view. This drop-off area will not be permitted in the front yard of the
property. This will be a requirement of the amending site plan agreement.
58
Report to Council PD 41-02
Date: August 22, 2002
Subject: John Taylor Truck Sales Inc. (A 4/02)
Page 5
2.4
Appropriateness of the Application
Given that the proposed use has been in existence on the subject site for a
considerable amount of time and the applicant is modernizing the facility to
become more environmentally sensitive and efficient, it is recommended that the
application be approved and appropriate zoning standards be incorporated into
the zoning by-law. It is recognized that the property owner can continue to
operate the existing business on the property even if the application is refused as
the use is legal non-conforming. However, by approving the application the City
may require certain site improvements that will enhance the property and reduce
the land use impacts. If approved, it is recommended that the zoning by-law
restrict the area that can be used for the automobile recycling operation.
The auto recycling operation will be prohibited in the western portion of the site
that is currently vegetated. When the operation was before the Committee of
adjustment, staff supported the development of the site as the new building was
intended to substantially reduce the amount of outdoor storage on the property.
With implementation of all outstanding site improvements from the original site
plan agreement plus the additional requirements being suggested in this report,
the operation should function in a more sensitive manner to both it's setting and
it's neighbours.
2.5
Proposed Zoning
It is recommended that a portion of the subject property be rezoned to permit the
auto recycling use and the remaining portion be rezoned to an open space zone.
It is recommended that the amending zoning by-law incorporate an "(H)" holding
provision that requires the owner to enter into an amending site plan agreement
with the City and construct the recommended wood privacy fence along the north
property line prior to the removal of the holding provision.
3.0
Applicant's Comments
The applicant is aware of the recommendations of the report.
Report to Council PO 41-02
Date: August 22, 2002
59
Subject: John Taylor Truck Sales Inc. (A 4/02)
Page 6
Attachments:
1. Location Map
2. Applicant's Submitted Plan
3. Information Report
4. Minutes from Public Information Meeting
5. Rachel and John Murphy, 3080 concession Rd. 5, RR 1 Pickering
6. Region of Durham Planning Department
7. Toronto and Region Conservation Authority
8. Durham District School Board
9. Veridian Corporation
10. City of Pickering - Municipal Properties & Engineering
Prepared By:
Approved I Endorsed By:
RO~CIP~
Principal Planner - Development Review
Lynda D. aylor, MCIP, PP
Manager, Developm nt Review
RP:td
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Co c.
d
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60
APPENDIX I TO
REPORT NUMBER PO 41-02
RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW
AMENDMENT APPLICATION A 04/02
(a)
That the implementing zoning by-law:
(i)
amend Zoning By-law 3037 by amending the zoning on the subject
property to permit the establishment of an auto recycling operation.
(ii)
include appropriate performance standards that recognize the
proposed buildings.
(iii)
include an "(H)" holding provision and that the requirement to remove
the. "(H)" holding symbol be:
1 . the owner construct 1.8 metre high wood privacy fencing along a
portion of the northem property line to the satisfaction of the Director,
Planning & Development and,
2. the owner enter into an amending site plan agreement with the
City that reflects the required changes to the site design including
but not limited to, removal of original building and breezeway
connection, required privacy fence along portion of northern
property line, appropriate landscaping in the front yard and the
creation of an appropriate internal vehicle drop-off area that is
screened from public view.
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PROPERTY DESCRIPTION PART OF LOT 5, CONCESSION 5
APPLICANT JOHN TAYLOR TRUCK SALES INC. DATE APR. 11, 2002
APPLICATION No. A 04/02 SCALE 1:10000
FOR DEPARTMENT USE ONLY
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63
INFORMATION REPORT NO. 14-02
FOR PUBLIC INFORMATION MEETING OF
May 16, 2002
.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 04/02
John Taylor Truck Sales Inc.
3356 Balsam Road
South Part of Lot j, Concession 5
.City ofPíckering
1.0
PROPERTY LOCATION AND DESCRIPTION
- the subject, lands are located on the west side of Sideline No.4 (BäIsam Road),
between Highway #7 and the Fifth Concession Road;
a property location map is provided for reference (see Attachment #1);
the subject property is "L" shaped, having an approximate area of 14.8 hectares;
- the subject property currently supports an automobile recycling operation on the,
south halt: cauying on business as #7 Auto Recyclers;
the north half of the property is heavily vegetated; ,
- the automobile recycling operation involves the storage of the dilapidated vehicles,
which are later dismantled, and parts stored and sold;
surrounding land uses on all sides are agricultural properties supporting detached
dwellings.
2.0
APPLICANT'S PROPOSAL
the intent of the application is to recognize the existing use on the subject property;
- 'the existing,use is considered a legal non-conforming use in that the use predates the
by-law and is considered a legal use, even though the by-law does not recognize the
existing use; ,
as an existing legal non-conforming use the zoning provisions are not applicable to
additions and expansions of the property;
, as such the owner has made applications to the Committee of Adjustment (C of A) to
permit the expansion of the existing use, last application was in 1999 (file PICA
78/99);
the C of A could only permit the expansion of the existing building and not the
replacement, as the existing building must remain in order to maintain the legal non-
conforming status;
the owner, as a condition of th,e C of A approval, entered into a site plan agreement
with the City and has constructed the new addition with the exception of the
"breezeway" connection between the old and the new building and certain site
improvements;
the owner has advised that the old building is no longer functional and wishes to
demolish the old building and not build the "breezeway" connection between the
buildings;
- however, the removal of the old building would not be in keeping with the C of A
approval, the site plan agreement and would eliminate the legal non-confonning
status of the property;
- the owner wishes to complete the building construction requirements ,and then. finish
the site improvl?illents as per the, site plan agreement; .
- the applicant's submitted plan is provided for reference (see Attachment #2).
Information Report No 14-02
ATTACHMENT I '3 TO
REPORT ,PO J-/ ~(¡2 .
Page 2
64
3.0
OFFICIAL PLAN AND ZONING
3.1
Durham Relrl.ooal Official Plan
- the Durham Regional Official Plan designates the subject lands as Major Open
Space; .
the predominant use of land in this designation shall be conservation, recreation,
reforestation, agriculture and fann related uses; .
- notwithstanding the predominant permitted. uses, the Durham Regional Official Plan
permits the City of Pickering to zone to permit the continuation, expansion or
enlargement of legally existing uses, or the variation to similar U$es provided that
such uses:
a) have no adverse effect on the present use of the surrounding lands or the
implementation of the provisions of the Durham Regional Official Plan;
have regard for the agricultural Code of Practice as amended ÍÌom time to time,
if applicable; .
are accessible by a public road which is maintained by the appropriate
authority as open to traffic on a year-round basis and is of a standard
construction adequate to provide for the additional traffic generated by the
proposed use; and, .. .
are subject to any conditions that may be. contained in Pickering Official Plan.
b)
c)
d)
3.2
Pickerin!! Official Plan
the Pickering Official Plan designates the subject lands as Open Space Systems -
Natural Area; .
uses permitted within Open Space System - Natural Area include,amongst others,
. conservation, envìronmental protection, restoration, education, passive recreation and
similar uses, agricultural uses and existing residential dwellings;
Schedule ill of the Pickering Official Plan - Resource Management, designates lands
in close proximity to the subject lands as Shorelines and Stream Corridors, in
recognition of the subject properties proximity to a branch ofCarruther~s Creek;
the exact boundaries of the Shorelines and Stream Corridors will be determined in
consultation with the relevant agencies;
Schedule n. of the Pickering Official Plan - Transportation Systems designates
Sideline 4 where it abuts the subject lands as a Local Ràad;
-. Local Roads genérany provide access to individual properties, to local roads, carry
local traffic and generally have a right-of-way width of up to 20 metres;
the subject applications will be assessed against the policies and provisions of the
Pickering Official Pian during the further processing of the applications.
3.3
Zoom!! Bv-Iaw 3037. as amendèd
- the subject lands are currently zoned "Q"-Pit and Quarry by Zoning By-law 3037, as
amended; . .
- the existing zoning permits gravel pits and the excavation, washing, screening,
crushing and storage of sand, gravel, ballast and other surface and sub-surface
material;
the existing zoning also permits agricultural uses;
the subject property has twice been approved by the C of A for the expansion of the
legal non-conforming use, in 1968 and 1999;
an amendment to the zoning by-law is required to permit the existing legal non-
conforming use;
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4.0
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ATIACHMENT fj "') TC
REPORT 1/ po2::LL-,Q2,
RESULTS OF CIRCULATION
4.1
65
Resident Comments
- no resident comments have been received to-date õn the application;
4.2
A1!encv Comments
-' no coinments from any of the circulated agencies have been received to-date on the
application; ,
4.3
Staff Comments
in reviewing the application to-date, the following matters have been identified by ,
staff for further review and consideration:
. ensuring that the proposed development is compatible with, and sensitive to,
SUlTounding lands or that any incompatibilities can be mitigated;
. the impact the proposed use I site changes may have on the SUlTounding area;
. reviewing the entrenchment of the use that is not specifically compatible with the
approved land use designation with due consideration to the fact the use has
existed on the subject prope~ for a long time; .
. consider thë impacts of the existing use versus the possible impacts oiuses permit
by the Zoning By-law, use such as a gravel pit;
this Department will conclude its position on the application after it has received and
assessed comments from the circulated departments, agencies and the public.
5.0
PROCEDURAL INFORMATION
- written comments regarding this proposal should be directed to the
Planning & Development Department;
oral comments may be made at the Public Infonnation Meeting;
all comments receiv;ed will be noted and used as input in a Planning Report prepared
by the Planning & Development Department for a subsequent meeting of Councilor a
Committee of Council;
if you wish to be notified of Council's decision regarding the zoning by-law
, amendment application, you must request such in writing to the City Clerk;
if a person or public body that files a notice of appeal of a decision of the City of
Pickering in respect of the zoning by-law amendment does not make oral submission
at the public meeting, or make a written submission to the City of Pickering before
the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of
the appeal;
if you wish to reserve the option to appeal Council's decision of the proposed zoning
by-law 'amendment application, you' must provide comments to the City before
Council adopts any by-law for this proposal.
6.0
OTHER INFORMATION
6.1
Appendices
Appendix I - list of neighbourhood residents, community associations, agencies and
City Departments that have commented on the applications at the time of writing this
report;
h1formation Report No 14-02
ATTACHMENT # '3 TO
REPORT # PO...!::J 1- 02.
Page 4
66
6.2.
Information Received
- copies of the applicant's proposal are available for viewing at the offices of. tIle
City of Pickering Planning & Development Department;
- the City of Pickering has not received any technical information / reports on the
proposed application; .'
- certain technical reports may be required to be submitted and. will be reviewed and
reported on, as necessary.
6.3
Comnanv Princinles
- the current property owner is John Taylor Truck Sales Inc. (1010100 Ontario Inc.)
whose principle is Barry Kaufman .
. ,e-~
Ross Pym, MCIP, RPP
Principal Planner - Development Review
cf(T~ .
Lynda Taylor, , RPP
Manager, Development Review
RP/td
Attacbments
Copy: Director, Planning & Development Department
f.Y\". T ACHMENT # ~ TO
iEPORT # PD~
67
Excerpts from
Statutory Public Information Meeting Minutes
Pursuant to the Planning Act
Thursday, May 16, 2002
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.
(II)
ZONING BY-LAW AMENDMENT APPLICATION A 04/02
JOHN TAYLOR TRUCK SALES INC.
3356 BALSAM ROAD
(SOUTH PART OF LOT 5. CONCESSION 5)
1.
Lynda Taylor, Manager, Development Review, on behalf of Ross Pym, Principal Planner,
Development Review, provided an explanation of the application, as outlined in Infonnation
Report #14-02. .
2.
Barry Kaufman, applicant, advised that he was present to answer any questions.
3.
Margaret Williamson, 3360 Balsam Road; stated her anger at tþe applicants lack of respect for
her parents, that truèks are dropping off vehicles throughout the night and that the fence has
blown down and no one is sure who is responsible for its repair. She added that the new
structure is huge and nothing like what was planned. She stated that this is a residential area and
this operation affects the quality of life. She questioned how the residents are going to be
helped.
4.
Richard Lloyd, 3330 Balsam Road, stated that the applicant has a great lack of respect for the
neighbours. He stated his concern with the outside storage, removal of fencing on back of the
property, racking and storage on the south side of the building. He advised that no notification
was received concerning the removal of the fence.
5.
Ted Malar, 3510 Audley Road, stated his concern with respect to water quality and stress on his
pond due to development. He spoke in favour of the creek being restored but against the creation
of35 new wells which will further put stress on the area.
6.
Nancy Listro, 3545 Balsam Road, advised that the applicant's drivers dump in their field and no
notification was received concerning the events taking place.
7.
Laura Orlandi, 3270 Hwy. #7, stated her concern with the amount of traffic in the area advising
that this adds to the horrid things taking place.
8.
Mr. Kauffinan, applicant, advised that since moving to this property their operation carried on in
the existing building which should have been condemned. The Committee of Adjustment
granted them the ability to build a 20,000 sq. ft. structure for dismantling vehicles inside. This
facility offers more storage area but they have only been in operation for three months and have
not had enough time to do everything. They are trying to make the property aesthetically
attractive but cannot do anything until the old structure comes down, the fence will be addressed
when this happens. The fence on the south side was damaged and the damaged portion was
replaced. The lights on the outside of the building were put there for protection of building and
what's in it.
68
~E" ~F~.~'i,rE" D
n '<.<1" "-"'" ,> 'W "'"
CITY OF PICKERiNG
ATTACHMENT 3- fJ . TO
REPORT (I PO \ - 07: ' ~.m~.--
MAY 1 ~. 2002
' .." , u
Mr. Ross Pym
Principle Planner-Development Review
Planning & Development Department
City Of Pickering
One the Esplanade
Pickering, Ontario
Ll V 6K7
CLERK'S DIVISION
May 14, 2002
Re: Zoning by-law Amendment Application A04/02
John Taylor Truck Sales Inc.
3356 Balsam Road
South Part lot 5, Concession 5
City of Pickering
r---~'-~~----
¡
j
!
i
I
Y 2'j I
CITY C)F F.'ìCF.¡;;¡::¡¡NG I
PLM.¡N:P¡d AND
DEVELOPMENT DEPNiTlv1ENT I
Dear Mr. Pym,
I am writing this letter to object to the application. We live' on the corner of Concession 5 and
Balsam rd (Sideline 4). Prior to the purchase of our home in 1995 we were concerned about the
Auto 7 Recyclers operation and the negative impact of such an establishment near our home. We
are on a well and we were concerned about the storage of broken down cars leaking oil and
gasoline into the land and about this place getting any bigger than it was in the future. We
decided to go the city of Pickering and visit with the pla.n.tllng department. We were assured that
although this establishment was operating on a legal non confonning basis that it could never get
any bigger or that it could never be sold. Well, it did get bigger last year without us getting the
opportunity to oppose the structure that now stands on the property. It is my understanding that
this new structure was to be connected by a breeze way to the existing structure that was there. I
do not believe that the applicant did this. Secondly, I was also told that all oflñs operations would
now be inside the building and that no racks for outside storage were to be used and that. no cars
were to be allowed to sit outside the gates over the weekend. This is still happening. In view of
this applicant disregard to his neighbors quality of life, I do 'not believe he should be given any
more special zoning exemption now or in the future.
Thirdly, in light on the current Rick Rondeau application on the east side of Sideline 4 just in
ITont of the applicants property, the Auto 7 Recycling operations should not be permitted to
receive permanent status in light of the future development in the area- It is not in keeping with
the current zoning by-law, will not fit in with the proposed new housing development across the
street ITom the applicant, and it not a desirable operation to have near any housing development.
I wish to be infonned about any activities pertaining to this application.
Yours sincerely,
Mr. John Murphy
3080 Concession Rd. 5
RR I,Pickering, Ontario
LIV 2P8 905-428-3283
Rachel and John Murphy
1615 DUNDAS ST. E.,
,4TH FLOOR, LANG TOWER
, 'WEST BUILDING
P.O. BOX, 623 , ,
WHITBY,ON L1N 6A3
(905) 728-7731
FAX: (905) 436-6612 " '
www.region.durham.on.ca We have reviewed this application and the following comments ar~ offered
AL. Georgieff, MCIP, RPP with respect to complian~e. with the Durham Regi~narOfficial PI~n, the
lommissioner of Planning proposed method of servicing and delegated provincial plan review
¡ responsibilities.' '
The Regional
Municipality
of Durham.
Planning
Department
ATTACHIVii:NT 1I_"",~n"("IÜ
REPORT # po..J:JL - JL; ,..:
Ross-Pym, Principal Planner
Planning & Development Department
One the Esplanade ' ,
Pickering, Ontario
L 1V 6K7
!'fi.',.',W.~, '~), """"""'.,'¡=,
t;; ~ ~ ¡¡; tLY
'" :::1.,
July 2, 2002
r.,;.',!. ')I',n') ,
¡, l.JUL
'..'
Dear Mr, Pym:
Re:
Zoning Amendment Application A 04/02
Applicant: . John Taylor Truck Sales Inc,'
Location: Part of Lot 5, Concession 5
Municipality: City of Pickering
The purpose of this application is to recognize an existing auto recycling
operation on the subject property~
The subject lands are designated "Major Open Space" in the purham
Règional Official Plan. The predomi~antuse of land in this designation is
for conservation, recreation, reforestation, agriculture and farm-related.
uses, ., '
Policy 20.4.4 of the Durham Regional Official Plan indicates that Councils
of area municipalities may zone to permit the continuation, expansion, or '
enlargement of legally existing u~es" or variations to similar uses, provided
that such uses:
a) have no adverse effect on the present uses of the surrounding lands or
the implementation. of the provisions of this Plan; ,
b) ,have regard for the Agricultural Code of Practice as amended from
time to time, if applicable;' '
c) are accessible by a public road which is maintained by the appropriate
'authorityas open to traffic on a year-round basis and ¡sof a standard
construction adequate to provide for the additional traffic generated by
the proposéd use; and '
d) are subject to anycqnditions that may be contained in an area
"SERVJ;CEEXCELLENCE municipal official plañ. '
fòro.u.rCf)M~PNITY" *
100% Posi Consumer
70
ATTACHMENT #_k TO
REPORT II PD--!:\\'- æ. .....,
Page 2
The site is serviced by private well and septic sewer services.
This application has been screened in accordance with the terms ofthè
provincial plan review responsibilities. The subject site is in proximity to a
tributary of Carruthers Creek and the former Lake Iroquois Shoreline. ,An
adequate buffer between any future development and these natural
features should be provided~ No further provincial interests appear to be
affected by this proposal. '
I.f you have any questions or require additional information, please call me.
Y/3ruh "
{;Z .'
Ray Davies, Planner
Current Operations Branch
R:\traininglrdlzoninglpickering aO4-02.doc
ATTACHMENT #~'.ro
REPORT I PD~
)ConservatIon
. TORONTO AND REGION
May 30, 2002
71
CFN 32928
Mr. Ross Pym
City of Pickering
Planning & Development Department
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
L1V 6K7
Dear Mr. Pym:
Re:
Zoning by-law Amendment Application AO4/02
John Taylor Truck Sales Inc.
3356 Balsam Road
South Part of Lot 5, Concession 5
City of Pickering
We acknowledge receipt of the above noted application and apologize for the delay in our
response.
Authority staff have reviewed the proposal and since it does not appear to affect the program or
policy interests of this Authority, we have no objections to the application as submitted. Please
be advised that we have previously reviewed a storm water management report related to
development application on this site, being site plan application, S04/01.
By copy of this letter, please advise the applicant that the Toronto and Region Conservation
Authority (TRCA) has implemented a fee schedule for our development/planning application
review services. This application is subject to those fees ($150.00). For further clarification,
applicants should contact TRCA Development Services staff.
We trust this is satisfactory. Should further discussion be required, please do not hesitate to
contact the undersigned.
Yours truly,
~~
Nora Jamieson
Acting Plans Analyst
Development Services Section
Ext. 5259
NJ/
F :\PRS\NORA259\PUBLI C\AO4-02. WP D
~~\
',-,'
5 Shoreham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca
THE
DURHAM
DISTRI CT
SCHOOL
BOARD
Facilities Services
400 Taunton Road East
Whitby, Ontario
L1 R 2K6
elf. le: (90S) 666-5500
1-800-265-3968
Fax: (90S) 666-6439
~
h
A~ ~,.
~~~
ATTACHMENT~TO
REPORT # PO - .
I ."" í 0' \\í
""",\ J " ~,~" ¡.~
I",Ji \I' "w'
April 24, 2002
The Corporation of the
City of Pickering
Planning Department
Pickering Civic Centre
One The Esplanade
Pickering, Ontario , þ?
LIV 6K7 ~ ~
Attention: Mr.~lor
Dear Mr. Taylor,
RE:
Zoning By-law Amendment Application AO4/02
John Taylor Truck Sales Inc.
3356 Balsam Rd.
South Part of Lot 5, Concession 5
City of Pickering
íõ)~~~il ~ ~ITI\,
\ru APR 2 9 lDOl IJJ;
TV OF PICKER\NG
C\ PICKERING, ONTARIO
Staff has reviewed the information on the above noted application and under the
mandate ofthe Durham District School Board, has no objections.
Yours truly,. -
Œe"\
." \ . I
~4\CQ.l_:vu) J /.
Christine Nancekiveli,
Planner
CN:em
I :\PROPLAN\DA T A \PLNG\ZBL\AO4/02
MAY-02-2002 THU 09:56 AM VERIDIAN
FAX NO. 905 619 0210
AHA!,;HMElff ,_. Q ill
REPORT # PD-1:ll:..QL__..-
V E R) ID I A N CON NEe T ION S
DEVELOPMENT APPUCATIONREVIEW
I PROJECT NAME:
! ADDRESS/PLAN:
! MUNICIPALITY:
."
john T:~r.or Truck Sales Inc.
""
-
""
3356 Bal ¡111'1 Road
_.,
"':-
P¡ckcrini~
""
""
REF. NO.:
Zoning By-Law AJ'¡"II!ndmcnt
Application .AO4/0.?
""
SUBMISSION DATE:
Apri122, 2002
1.
Other:
No additional comments from previous ~ubmíssion of Much 2001.
Technical Repre~cntativ~ Ken Gallen
Telephone 427-9870 Ext. 3262
FAXED
MAY - 5 2002
)juJ--
MF/sd
SÐ' J
MAY 02 '02 121:07
905 619 0210
PAGE. 07
P. 07
7;3
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r¡'.,"f,¡'\:;,:'III'f# \0 'ff;
.v. I.., ~ ".,' ",_...~..".I
iF'rlff' Ii PD..,,':1L:Q2,
OPERATIONS & EMERGENCY SERVICES DEPARTMENT
MUNICIP AL PROPERTY & ENGINEERING DIVISION
RECEIVED
MAY 1 0 2002
74
CITY OF PICKERING
PLANNING AND
DEVELOPMENT DEPARTMENT'
MEMORANDUM
May 7, 2002
To:
Ross Pym
Principal Planner - Development Review
From:
Richard Holbom, P. Eng.
Division Head, Municipal Property & Engineering
Subject:
Zoning By-law Amendment Application A04/02
John Taylor Truck Sales Inc.
3356 Balsam Road
South Part of Lot 5, Concession 5 .
City of Pickering
The Municipal Property & Engineering Division is in receipt of the above noted zoning
by-law application for 3365 Balsam Road. I provide the following comments.
The existing lands are zoned "Pit and Quarry Zone" which may suggest easy access of
contaminants into the water table. It would seem prudent that prior to the approval of the
rezoning application that proof be supplied indicating that the hazardous materials are
being properly contained.
The property has frontage on Sideline 4 (Balsam. Road), which is a rural cross-section,
gravel surface road. As such, this road is not at a standard conducive to the operation
contemplated (existing) through the zoning requested. The applicant is to provide a cash-
in-lieu contribution to upgrade the road to a hard surface facility, based on frontage.
RH:ds
Copy: Director, Operations & Emergency Services
Supervisor, Development Control
I: \SITEPLAN\AO4-02 .docMay-O2