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HomeMy WebLinkAboutInformation Report 14-0201 4 cit, D PICKERING INFORMATION REPORT NO. 14-02 FOR PUBLIC INFORMMATION 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 5, Concession 5 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION the subject lands are located on the west side of Sideline No. 4 (Balsam Road), between Highway #7 and the Fifth Concession Road; - a property location neap 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 half, carrying 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 P/CA 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 the 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 -conforming status of the property; the owner wishes to complete the building construction requirements and then finish the site improvements as per the site plan agreement; - the applicant's submitted plan is provided for reference (see Attachment #2). Infommation Report No 14-02 Page 2 0 5 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan the Durham Regional Official Plan designates the subject lands as .4/ajar Open Space; the predominant use of land in this designation shall be conservation, recreation. reforestation, agriculture and farm related uses: notwithstanding the predominant permitted uses. the Durham Regional Official Plan permits the City of Pickering to zone to permit thc continuation, expansion or enlargement of legally existing uses. or the variation to similar uses provided that such uses: a) have no adverse effect on the present use of the surrounding lands or the implementation of the provisions oldie Durham Regional Official 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 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, d) are subject to any conditions that may he contained in Pickering Official Plan. 3.2 Pickering Official Plan the Pickering Official Plan designates the subject lands as Open Space Systems — Natural .Area; uses permitted within Open Space Slstenr — Varum/ .Area include, amongst others, conservation, environmental protection, restoration. education, passive recreation and similar uses, agricultural uses and existing residential dwellings: Schedule 111 of the Pickering Official Plan - Resource .t/<u agement, designates lands in close proximity to the subject lands as .Shorelines and Stream Corridors, in recognition of the subject properties proximity to a branch of Carruther's Creek: the exact boundaries of the Shorelines and Stream Corridors will be determined in consultation with the relevant agencies: Schedule II of the Pickering Official Plan - Transportation Systems designates Sideline 4 where it abuts the subject lands as a Local Road; Local Roads generally provide access to individual properties. to local roads, carry local traffic and generally have a right-of-mvav mvidth of up to 20 metres; the subject applications will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications. 3.3 Zoning By-law 3037, as amended the subject lands arc currently zoned "Q" -Pit and Quarry by Zoning By-law 3037, as amended; the existing zoning permits gravel pits and the excavation. gashing, screening, crushing and storage of sand, gravel, ballast and other surface and sub -surface material; the existing zoning also pemits agricultural uses; the subject property has twice been approved by the C of A for the expansion of thc legal non -conforming use, in I96S and 1999: an amendment to the zoning by -lacy is required to permit the existing legal non- conforming use; n16 Information Report No 14-02 Page 3 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no resident comments have been received to -date on the application; 4.2 Agency Comments - no continents 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, surrounding lands or that any incompatibilities can be mitigated; • the impact the proposed use / site changes may have on the surrounding 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 property for a long time; • consider the impacts of the existing use versus the possible impacts of uses pennit 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 Dep fluent; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to 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; Information Report No 14-02 Paged () 1 7 6.2 Information Received copies of the applicant's proposal arc available for viewing at the offices of the City of Pickering Planning & Development Department: the Citv of Pickering, has not received anv technical information reports on the • proposed application: certain technical reports may he required to be submitted and will be reviewed and reported on, as necessary. 6.3 Company Principles - the current property owner is John Taylor Truck Sales Inc. (1010100 Ontario Inc.) whose principle is Barry Kaufman Ross Pym, MCIP, RPP Lynda Tailor. ACIP. RPP Principal Planner - Development Re%ico \lana rcr. Development Review RP/td Attachments Copy: Director. Planning & Development Department (119 APPENDIX I TO INFORMATION REPORT NO. 14-02 COMMENTING RESIDENTS AND LANDOWNERS (1) None received to -date COMMENTING AGENCIES (1) None received to -date COMMENTING CITY DEPARTMENTS (1) None received to -date ATTACHMENT # I TO INFORMATION REPORT# 1 k 02 �,' ?/l 1 s�xrH coH. Ro.HIGHWAY 7 // oma, / ,� ,, 0 / '� ' r ,I / / SUBJECT PRdPERTY ' w ,:TAXT1'N I'LEN .t / , ------.._\1 -- a , II .,„,___ 1 .... ,,,,,,.,,,,, _ ..)„ City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 5, CONCESSION 5 APPLICANT JOHN TAYLOR TRUCK SALES INC. DATE APR. 11, 2002 DRAWN BY RC APPLICATION No. A 04/02 SCALE 1;10000 CHECKED BY RP N FOR DEPARTMENT USE ONLY PN -RURAL PA- ATTACHMENT# 2 TO (1 - () INFORMATION REPORT# H -02 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 04/02 #7 AUTO RECYCLERS i . i t I �iit ( 1 i ! i i ' i 1 .1-7—',17+,t •. 4: • • -4, d« ' '. �_ i 1 .j -•.�r- r .,.... t 1 tI 1 i 1 1 BALSAM ROAD THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT INFORMATION & SUPPORT SERVICES, MAY 0 2002.