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HomeMy WebLinkAboutNovember 21, 2002Statutory Public Information Meeting Agenda Pursuant to the Planning Act Thursday, November 21, 2002 7:00 P.M. Chair: Councillor Pickles (i) 3. 4. 5. ZONING BY-LAW AMENDMENT APPLICATION A 17/02 LLOYD & MARION THOMAS 489 WHITEVALE ROAD (PART OF LOT 317 CONCESSION 4~ PART 37 PLAN 40R-2225) Explanation of application, as outlined in Information Report #32-02 by Planning Staff. Comments from the applicant. Comments from those having an interest in the application. Response from applicant. Staff response. 1-12 (11) ZONING BY-LAW AMENDMENT APPLICATION A 18/02 SANDREA BARRETT 1626 MCBRADY CRESCENT PART LOTS 102 & 103, PLAN 40M-1380 PART 10, 40R-9291 Explanation of application, as outlined in Information Report #34-02 by Planning Staff. Comments from the applicant. Comments from those having an interest in the application. Response from applicant. 13-17 5. Staff response. Statutory Public Information Meeting Agenda Pursuant to the Planning Act Thursday, November 21, 2002 7:00 P.M. Chair: Councillor Pickles (111) 3. 4. 5. ZONING BY-LAW AMENDMENT APPLICATION A 11/02 THE GIMI CONSTRUCTION COMPANY LTD. 550 FINCH AVENUE PARTS 1 AND 3 OF 40R-10641; AND PART 2, 40R-11450 PART OF LOT 30, CONCESSION 2 Explanation of application, as outlined in Information Report #33-02 by Planning Staff. Comments from the applicant. Comments from those having an interest in the application. Response from applicant. Staff response. 18-24 (IV) CITY-INITIATED APPLICATIONS TO AMEND THE PICKERING OFFICIAL PLAN (FILE: OPA 02-0031P) AND ZONING BY-LAWS (FILE: A 19102) TO PERMIT ACCESSORY DWELLING UNITS IN EXISTING DWELLING UNITS 25-35 3. 4. 5. Explanation of application, as outlined in Information Report #31-02 by Planning Staff. Comments from the applicant. Comments from those having an interest in the application. Response from applicant. Staff response. {V) ADJOURNMENT INFORMATION REPORT NO. 32-02 FOR PUBLIC INFORMATION MEETING OF NOVEMBER 21sT, 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 17/02) Lloyd & Marion Thomas 489 Whitevale Road Part of Lot 31, Concession 4, Part 3, Plan 40R-2225 City of Pickering 1.0 2.0 3.0 3.1 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the south side of Whitevale Road, west of Golf Club Road, and east of Factory Street in the Hamlet of Whitevale (see location map, Attachment #1 ). APPLICANT'S PROPOSAL the applicant proposes to change the zoning on the subject property to permit, as an additional use, a second dwelling unit in an accessory building; the applicant advises that the proposed second dwelling unit would be approximately 49 square metres in area, located on the second floor of the accessory building, and accessed from inside the accessory building; the applicant also advises that the main floor of the accessory building would be used as a workshop for the main dwelling (see Attachment #2). OFFICIAL PLAN AND ZONING Durham Regional Official Plan - subject property is designated as "Hamlet of Whitevale" in the Durham Region Official Plan; Information Report No. 32-02 Page 2 3.2 3.3 the Region of Durham Planning Department will provide comments regarding conformity with the Durham Region Official Plan, private servicing, and delegated Provincial review responsibilities; Pickerinq Official Plan the subject property is designated "Rural Settlements - Rural Hamlets" in the City of Pickering Official Plan; the "Rural Settlements - Rural Hamlets" designation permits residential uses; goals for the rural system, outlined in the City of Pickering Official Plan include: encouraging limited rural residential development primarily in hamlets, and encouraging rural residential development that is energy efficient, enhances the range of rural housing choices, and is environmentally appropriate in terms of its form, water usage and sewage disposal systems; Section 6.4 of the City of Pickering Official Plan states that City Council shall zone to permit accessory apartments, garden suites, and rooming houses, where appropriate; Section 12.2, of the City of Pickering Official Plan states that for development in Rural Settlements, City Council shall encourage new development to enhance the range of housing choice in the settlement and to be innovative in relation to compact form, water usage and sewage disposal; Section 12.2 of the City of Pickering Official Plan also states that for development in Rural Settlements, City Council shall encourage and where possible require the scale, character and relationships of new development (including lots, buildings, structures, roads, services and utilities) to be compatible with scale, character and relationships of existing development, considering features such as the size and shape of lots, lot coverage, building heights, building setbacks, building floor area, building material and design, road widths, street patterns and vegetation; the subject property is located within the "Hamlet of Whitevale"; and under the Whitevaie Settlement policies, Section 12.4 of the City of Pickering Official Plan states that, City Council shall endeavour to ensure that development within the Whitevale Heritage Conservation District complies with the adopted heritage district guidelines and heritage district permit process; Zoninq By-law 3037 the subject property is currently zoned "HMR3" - Hamlet Residential Exception in Zoning By-law 3037, as amended; the "HMR3" zone permits the following uses: (i) detached dwelling residential uses; (ii) domestic business - type A (iii) domestic business- type B Section 5.18 of Zoning By-law 3037, as amended, states that "human habitation is not permitted in an accessory structure"; Information Report No. 32-02 Page 3 0 3 3.4 4.0 4.1 4,2 4.3 4.3.1 - a zoning by-law amendment is required to permit the proposed use; Whitevale Heritaqe Conservation District By-law 4047/97 the subject property is located within the Whitevale Heritage Conservation District, as adopted by Council by By-law 4047/92; a Heritage Permit is also required to permit the proposed use. RESULTS OF CIRCULATION (See Attachments #3-5) Resident Comments residents' comments received to date include the following concerns: o approval of the rezoning application would set a precedent for all types of development within the Whitevale Heritage District; o the accessory building was renovated to be used as a workshop, not a second dwelling unit (see Attachment #3); Agency Comments Agency comments received to date: No Objections or Concerns: - Veridian Connections (see Attachment #4); - Toronto and Region Conservation Authority (see Attachment #5). Staff Comments Previous Applications for Minor Variance: PCA 42/92 on June 10th, 1992, the City of Pickering Committee of Adjustment granted a minor variance for the subject property to permit: o the continuance of a minimum 4.32 metre front yard depth provided by the existing dwelling on the lot, whereas the By-law requires that a dwelling provide a minimum 9.0 metre front yard depth; and o the continuance of a minimum 4.11 metre north yard width and minimum 0.56 metre west yard width provided by a detached garage located in the front yard of the subject property, whereas the By-law requires that a detached accessory structure be located in the rear yard not less than 1.0 metres from all lot lines; the Minor Variance (PCA 42/92) was required to permit the applicant to construct an addition to the existing dwelling and to bring the subject property into compliance with the provisions of the By-law; Information Report No. 32-02 Page 4 4.3.2 5.0 PCA 77/99 on October 20th, 1999, the City of Pickering Committee of Adjustment granted a minor variance for the subject property to permit: o the continuance of an accessory building to be located in the front and side yard of the subject property, whereas the zoning by-law requires all accessory structures to be located entirely within the rear yard of the subject property; o a minimum 0.5 metre west side yard setback provided by the existing detached garage and proposed additions to it on the subject property, whereas the zoning by-law requires accessory structures greater than 10.0 square metres in size and/or greater than 1.8 metres in height to be located a minimum of 1.0 metre from any lot line; and o the establishment of a maximum 6.2 metre height provided by the proposed addition to the existing detached garage on the subject property, whereas the zoning by-law limits all accessory structures, located in a residential zone, to a maximum height of 3.5 metres. the Minor Variance (PCA 77/99) was required to permit the applicant to construct an addition to an existing detached garage and to bring the subject property into compliance with the provisions of the By-law. Other Matters In reviewing the application to date, the following matters have been identified by staff for further review and consideration: o appropriateness of the site for the proposed use; o impact on surrounding land uses; o compatibility with surrounding land uses; o conformity with the City of Pickering Official Plan, the Durham Region Official Plan and other applicable policies; o impact on Whitevale Heritage District; o establishing a precedence; and o agency and department comments. PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; Information Report No. 32-02 Page 5 0 5 if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 OTHER INFORMATION 6.1 Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report. 6.2 Information Received copies of the Applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department: · applicant's submitted plan. 6.3 Company Principal the applicants for the Zoning By-law Amendment application (A 17/02), s, are the owners of the property. EdwaC¢At¢. Belsey Lynda Taylor, MCIP,/R'PP Planner II Manager, Development Review EB:td Attachments Copy: Director, Planning & Development 06 APPENDIX NO. I TO INFORMATION REPORT NO. 32-02 COMMENTING RESIDENTS AND LANDOWNERS (1) Ann E. Ward, 3215 North Road, Whitevale COMMENTING AGENCIES (1) Veridian Connections (2) Toronto and Region Conservation Authority COMMENTING CITY DEPARTMENTS None received to date. ATTACHMENT# .1- 11~ A O7 ~~iTM ~ ~ ~ WI-IITEW~J_~E Gi~ of ~ickorin~ ~lannin~ & Dovolopmont Dopa~mont PROPER~ DESCRIPTION PT. LOT 31, CON. 4; PT. 3, 40R-2225 OWNER L. & M. THOMAS DATE OCT. 31, 2002 D~WN BY lB APPLICATION No. A~7/02 SCALE 1:75~ CHECKED BY EB FOR DEPARTMENT USE ONLY PN-RU PA- 08 ATTACHMENT # ~2- TO INFORMATION REPOR'fff ~-- C)~. INFORMATION COMPILED FROM APPLICANTS' SUBMITTED PLAN A 17/02 L. AND M. THOMAS · 148,50' ~ .[ ~~IL~" ~' i" ..... "~ .... -~ FXISTINO ACCESSORY .~TRUCTURE (Pml ,osed dwelling unit on second floor) EXISTING DETACHED DWELLING PART ATTACHMENT# 2~ TO INFORMATION REPORT# ?,'2- O2~ 09 INFORMATION COMPILED FROM APPLICANTS' SUBMITTED PLAN A 17102 L. AND M. THOMAS BUiLDiNG ELEVATIONS OF EX~ST~NG ACCESSORY STRUCTURE i0 Belse¥, Edward From: Sent: To: Subject: ATTACHMENT #._~...~ TO INFORMATION REPORT Herongate Theatre [webmaster@herongate.com] October 24, 2002 9:47 PM Belsey, Edward; Taylor, Bruce zoning app# a17/02 Sir: I am writing in response to zoning by-law amendment application, A ~7/02. This applilcation involves 489 Whitevale Rd. As a resident of Whitevale, living at 3215 North Rd , I am opposed to any re-zoning in this rural community! This type of re-zonning would set a precedent that could be the unraveling of the Hamlet of Whitevale by opening the door to all types of developement in this unique Heritage Community. It was my understanding that the building was renovated for the purpose of using it as a "workshop", not a residential rental dwelling. Please keep me informed of any further meeting on this matter. Sincerely .... A~n E Ward. PROJECT NAME: 10/28/2002 12:22 PAGE 2/2 ATTACHMENT# I.~ ,,TO ~ RightFAX VERIDIAN CONNECTIONS DEVELOPMENT APPLICATION REVIEW Loyd& Marion Thomas ADDRESS/PLAN: MUNICIPALITY: 489 Whitevale Koad Picketing REF. NO.: Zoning By-Imw Ameadmmt A17/02 SUBMISSION DATE: Oct. 24, 2002 1, Varicli~a Coanec~ioas has no objection with the Zoning Ameadmeat of this pmpe~'ty, Technical Repmseata6ve - Don Barnett Telephone 427-9870 Ext. 3253 MF/sd ATTACHMENT# ~ TO for The Living City October 23, 2002 Mr. Edward Belsey City of Pickering Administration Department, Clerk's Division Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 0 C T 3 1 ZOOZ. CITY OF PtCKERING PICKERINGh ONTARIO OCl 3 'i 2082 CITY OF PICK[=~ING PLANNiHG AND DEVELOPk4ENT *r.) F PARTMEN~ Dear Mr. Belsey: Re: Zoning By-Law Amendment Application A 17/02 489 Whitevale Road Permit a second dwelling in an accessory building (Pickering) We acknowledge receipt of the above noted submission. Authority staff have reviewed the proposal to change the zoning on the subject property to permit a second dwelling unit in an accessory building. Since the proposal does not affect the program or policy interests of this Authority, we have no objections to the application as submitted. Yours truly, Nora damieson Adting Plans Analyst Development Services Section Extension 5259 all/ 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416 661-6600 FAX 661-6898 www. r PICKERING 13 INFORMATION REPORT NO. 34-02 FOR PUBLIC INFORMATION MEETING OF November 21, 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 18/02 Sandrea Barrett 1626 McBrady Crescent Part Lots 102 & 103, Plan 40M-1380 Part 10, 40R-9291 City of Pickering 1.0 2.0 3.0 3.1 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the west side of McBrady Crescent and is approximately 380 square metres in size with a lot frontage of 12.48 metres (see location map Attachment #1 ); the subject property currently supports a detached dwelling; the surrounding land uses are residential to the north, south, east and west. APPLICANT'S PROPOSAL - the applicant proposes to amend the existing zoning on the subject lands to permit the establishment of a second dwelling unit in the main dwelling. OFFICIAL PLAN AND ZONING Durham Reqional Official Plan - the Durham Regional Official Plan identifies the subject lands as being designated "Living Area", where lands are to be used predominately for housing purposes; - the applicant's proposal appears to comply with this designation. Information Report No. 34-02 Page 2 3.2 Pickerinq Official Plan - the subject property is designated "Urban Residential Area - Low Density Area" within the Brock Ridges Neighbourhood; - this designation permits residential development up to and including 30 units per net hectare for development within an "Urban Residential Area - Low Density Area", the proposed development would provide a net density of 26,27 units per net hectare; - Schedule II of the Pickering Official Plan -"Transportation Systems" designates McBrady Crescent as a Local Road; the applicant's proposal appears to conform to the applicable Official Plan policies. 3.3 ZoninR By-law 3036 the subject property is currently zoned "S3" - Detached Dwelling Residential Zone by By-law 3036 as amended by By-law 2024/85 and 2099/85; this zone permits the establishment of one detached dwelling unit on a lot with a minimum lot frontage of 12 metres and a minimum lot area of 350 square metres; an amendment to the zoning by-law is required to permit the establishment of a second dwelling unit within the existing main dwelling unit. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no written resident comments have been received to date; 4.2 Agency Comments - no agency comments have been received to date; 4.3 Staff Comments - in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: the compatibility of the proposed development with the existing built form; examination of the existing parking situation on-site, to determine its suitability in serving the proposed second dwelling unit, this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. Information Report No. 34-02 Page 3 J. 5 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 Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 6.1 6.2 6.3 OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; Information Received full scale copies of the Applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; Property Principal - the principal of this property is Sandrea Barrett. G~nowski Planning Technician Lynd~ Ta'~lor, MCIP. x,F~PP Manager, Development Review GXR:td Attachments Copy: Director, Planning & Development 16 APPENDIX NO. I TO INFORMATION REPORT NO. 34-02 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date; COMMENTING AGENCIES (1) none received to date; COMMENTING CITY DEPARTMENTS (1) Planning & Development Department; ATTACHMENT #..~T0 INFORMATION REPORT#~ .1.7 BAGGINS DELLBROOK OREENMOUNT AVENU~ McBRADY PROPERTY CORR'/OO~ ALPINE LANE CRESCENT ROAD 'ENUE '"lx,\/lllJ I I City of Pickering WEST AVE..E .,NCN AVENOE r--FFFFq , , , \ I Planning & Development Department PROPERTY DESCRIPTION PART OF LOTS 102 & 103, PLAN 40M-1380 NOW 40R-9291, PART 10 APPLICANT S. BARRE'I-r APPLICATION No. A18/02 DATE SCALE OCT. 3, 2002 I ORAWN BY lB 1:7500 -I CHECKED BY GR FOR DEPARTMENT USE ONLY PN-13 PA- 1,8 PICKERING INFORMATION REPORT NO. 33-02 FOR PUBLIC INFORMATION MEETING OF NOVEMBER 21sT, 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 11/02) The GIMI Construction Company Ltd. 550 Finch Avenue Parts 1 and 3 of 40R-10641; and Part 2, 40R-11450 Part of Lot 30, Concession 2 City of Pickering 1.0 2.0 3.0 3.1 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the north side of Finch Avenue, east of Rosebank Road, west of Ameretto Avenue (see location map, Attachment #1 ). APPLICANT'S PROPOSAL the subject property is approximately 0.3 hectares in area; the applicant is proposing two buildings with an approximate total floor area of 806 square metres (8,675 square feet). Building A is approximately 218 square metres and Building B is approximately 588 square metres (see Applicant's Submitted Plan, Attachment #2). the applicant proposes to change the zoning on the subject property to permit retail, convenience commercial, and personal service uses; the applicant has also submitted an application for Site Plan approval (file # S-005/02). OFFICIALPLAN ANDZONING Durham Reqional Official Plan - subject property is designated as "Living Area" and "Open Space Linkage" in the Durham Region Official Plan; Information Report No. 33-02 Page 2 .lj 9 3,2 3,3 4.0 4.1 the Region of Durham Planning Department will provide comments regarding conformity with the Durham Region Official Plan, servicing and delegated Provincial review responsibilities. Pickerinq Official Plan the subject property is designated "Low Density- Urban Residential" in the City of Pickering Official Plan; the "Low Density - Urban Residential" designation permits primarily housing and related uses and activities. However, compatible employment uses, and compatible special purpose commercial uses serving the surrounding area are also permitted; Section 3.9(b) of the City of Pickering Official Plan states that City Council may zone to permit the above-noted uses, and in doing so, will apply appropriate performance standards, restrictions and provisions; - Section 3.9(c) of the City of Pickering Official Plan states that in establishing performance standards, restrictions and provisions, particular regard shall be had for the following: o protecting and enhancing the character of the established neighbourhoods, considering such matters as building height, yard setback, lot coverage, access to sunlight, parking provisions, and traffic implications; o restricting the size height and/or floorspace of non-residential development in response to provisions specified in a Part Three Neighbourhood Plan to prevent excessive commercial development, or where neighbourhood character and/or environmental constraints warrant; - the subject property is located within the "Amberlea Neighbourhood" of the City of Pickering Official Plan; Zonin.q By-law 3037 the subject property is currently zoned "02" - Public and Pdvate Open Space Zone, in Zoning By-law 3036, as amended; the "02" zone permits such uses as parks, walks, statues, fountains play lots, playfields, playgrounds, athletic fields, etc.; retail, convenience commercial, and personal services uses are not permitted under the current zoning; a zoning by-law amendment is required to permit the proposed uses. RESULTS OF CIRCULATION Resident Comments - none received to date; Information Report No. 33-02 Page 3 4.2 A.qency Comments none received to date; 4.3 Staff Comments 4.3.1 Information Submitted by the Applicant: Environmental Report the subject property backs onto the Rouge Duffin's Wildlife Corridor identified on Schedule III to the City of Pickering Official Plan; Section 15.9 of the Official Plan requires that an environmental report be completed for the subject property because it is located within 50 metres of the Rouge Duffin's Wildlife Corridor; the Environmenlal Rep:~ prepared for 1he applicant by Niblett Environrrental Assodates Inc. concluded that the proposed development will not have an impact on the features and functions of the Rouge-Duffins Wildlife Corridor, provided the following mitigation measures are implemented: 1. Use and storage of heavy equipment, stockpiles, debris and site grading should not occur outside of the property boundary; 2. The property boundary should be clearly marked and staked prior to site grading. Temporary silt fencing would help operators visually to avoid entering the corridor; 3. use of diffuse lighting and directing lighting away from the corridor (facing south) to limit pollution of the corridor. Security lighting should be diffuse and splash onto the paved areas only; 4. A solid wooden fence should be constructed along the entire northern boundary of the development to prevent light pollution and disturbance to the wildlife using the corridor; 5. A wildlife-monitoring program is not recommended for this development due to the small scale of the development and adjacent development. Phase I Environmental Site Assessment (ESA) City Staff understand that, due to filling and grading on the subject property, as well as unknown former land uses, a Phase I Environmental Site Assessment (ESA) was needed to determine potential contamination on the subject property; the Phase I ESA prepared for the applicant by Pinchin Environmental, submitted with the rezoning application, concluded that "due to the presence and unknown source of the fill material on [the subject property], a subsurface investigation is recommended to determine the presence or absence of contaminants at the Site". Information Report No. 33-02 Page 4 ~ 4.3.2 Staff Comments 5.0 6.0 6.1 In reviewing the application to date, the following matters have been identified by staff for further review and consideration: o appropriateness of the site for the proposed use; o development constraints; o compatibility with surrounding land uses; o impact on surrounding land uses; o servicing constraints; o conformity with the City of Pickering Official Plan, the Durham Region Official Plan and other applicable policies; o impact on Amberlea Neighbourhood; o review of Phase I Environmental Site Assessment regarding potential site contamination; o review of the Environmental Report regarding impact on Rouge-Duffin's Wildlife Corridor; and o agency and department comments, approval of the Site Plan application is also required prior to development proceeding. PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. OTHER INFORMATION Information Received copies of the following information submitted by the applicants are available for viewing at the offices of the City of Pickering Planning & Development Department: o applicant's submitted conceptual site plan; o Phase I Environmental Site Assessment (ESA); o Environmental Report. Information Report No. 33-02 Page 5 6.2 Company Principal Mitko Stankovsky is President of The GIMI Construction Co. Ltd.; The GIMI Construction Co. Ltd. is the registered owner of the subject property; Bob Martindale, Martindale Planning Services, is the agent for the Zoning By-law Amendment application; Suu-Dda Patkar, Suu-Dda Patkar Architectural Corporation, is the agent for the associated Site Plan application (File # S-005/02). _~,~Edw~r~l W Belsey Planner II Lynda -f"aylor, MCIPI/, RPP Manager, Development Review EB:td Attachments Copy: Director, Planning & Development ATTACHMENT#~TO INFORMATION REI::K:IRT#~ 23 0 00; uJ HICHWEW ~ Ciby of Pickering Planning & Development Department PROPERTY DESCRIPTION CON 2 PT LOT 30 NOW FIR 40FI10641 PAFIT 1 TO 3 AND FIR 40FIl1450 PAFIT 2 APPLICANT GIMI CONSTRUCTION CO. LTD. DATE OCT. B, 200'~ DRAWN BY lei APPLICATION No. Al l/I~ SCALE 1:7500 CHECKED BY EEl FOF1 DEPARTMENT USE ONLY PN-11 PA- Ill PICKERING 25 INFORMATION REPORT NO. 31-02 FOR PUBLIC INFORMATION MEETING OF November 21, 2002 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: City Initiated Applications to Amend the Pickering Official Plan (file: OPA 02-003/P) and Zoning By-laws (file: A 19/02) To Permit Accessory Dwelling Units in Existing Dwelling Units City of Pickering 1,0 BACKGROUND on June 16, 1997, Pickering Council considered an Interdepartmental Development Team Report (IDT Report No. 1/97) respecting two units in housing; City Council, through Resolution #215/97, provided direction to staff to initiate a zoning review addressing the establishment of new accessory dwelling units in houses and consider the establishment of a registry for accessory dwelling units concurrently with its review of the zoning provision; on June 6, 2002, Pickering Council considered a Planning & Development report (PD Report No. 25-02) respecting accessory dwelling units in housing; and City Council, through Resolution #87/02, provided direction to staff to host a Public Information Meeting to consider both Official Plan amendment and Zoning By-law amendments to address accessory dwelling units in certain dwelling types; accessory dwelling units in housing has been an issue that most major municipalities in Ontario have had to address in some manner; it is not known how many accessory apartments currently exist in Pickering, as there is no formal mechanism to accurately track this type of residential occupancy and as the vast majority of existing accessory dwelling units were established without obtaining a building permit; for the purpose of this report an accessory dwelling unit means a second dwelling unit that is created within an existing dwelling unit but does not include a second dwelling unit created in an accessory or secondary building. Information Report No. 31-02 Page 2 2.0 3.0 3.1 PROVINCIAL LEGISLATION in 1994, the Province of Ontario passed the Residents' Rights Act (Bill 120) to allow self-contained second units in houses, provided that building, fire and applicable planning standards were met; this law superseded local zoning by-laws and applied to detached, semi-detached and townhouses located in all zones allowing residential uses, provided the building was connected to a municipal sanitary sewer; - this provided all detached, semi-detached and townhouse homeowners the "as-of right" ability to establish an accessory dwelling unit in their dwelling if they could meet the applicable building, fire and planning standards; - the Ontario Fire Code was also changed in 1994 to include safety requirements for apartments in houses; homeowners were given a two- year compliance period to upgrade their houses if they had an existing accessory dwelling unit; the Provincial Government then passed the Land Use Planning and Protection Act (Bill 20) in May of 1996 which restored the municipal zoning authority to control where accessory dwelling units may be created and the standards that would apply; this was the authority that was lost under the Residents' Rights Act; - as a result, homeowners could not create a new accessory dwelling unit unless the local zoning by-law permitted such a use; in Pickering there is no "as-of-right" zone that permits an accessory dwelling unit and any property owner that proposes to create an accessory dwelling unit is required to make an application to amend the zoning by-law for a site specific zone that would allow an accessory dwelling unit. OFFICIAL PLANS AND ZONING BY-LAWS Durham Reqional Official Plan a goal of the housing polices is to provide a wide diversity of residential dwellings by type, size and tenure to satisfy the social and economic needs of present and future residents; specifies that the maintenance and improvement of the existing housing stock shall be encouraged; specifies that intensification is encouraged within existing urban areas; further the Region in conjunction with the area municipalities will plan to accommodate approximately 20% of all new population growth through intensification; Information Report No. 31-02 Page 3 27 3.2 3.3 - Section 4.3.3 states that Regional Council shall support opportunities to increase the supply of housing through intensification taking into account the adequacy of municipal services and the physical potential of the housing stock; housing intensification shall include, amongst others, the conversion of single detached dwellings into multiple residential units; - specifies that local municipalities, such as Pickering, shall ensure the inclusion of polices and designations to implement the intent of the Plan including polices to permit the conversion of single detached dwellings into multiple units; Pickering Official Plan - the Pickering Official Plan states that City Council shall encourage a broad diversity of housing by form, location, size, tenure, and cost within the neighbourhoods and villages of the City, so that the housing needs of existing and future residents can be met as they evolve over time; - further, City Council shall encourage the provision of an adequate supply of housing throughout the City in terms of quantity, quality and diversity, including the provision of an adequate supply of affordable, rental, assisted and special needs housing; - the Pickering Official Plan states in Section 6.4(d) that City Council shall, zone to permit accessory apartments, garden suites and rooming homes where appropriate; - while the Official Plan has policies that permit accessory dwelling units, clarification is required relating to density calculations for buildings containing accessory dwelling units; Pickerinq Zoninq By-laws - the City of Pickering is currently governed by four (4) parent zoning by- laws: - Zoning By-law 3036 covers the portion of the City located between the Third Concession Road in the north and Highway 401 in the south; - Zoning By-law 3037 covers the portion of the City located between the Third Concession Road and the northern limits of the municipality; - Zoning By-laws 2511 and 2520 covers the portion of the City from the Lake Ontario shoreline to Highway 401, with Zoning By-law 2520 generally covering the central portion of these lands and Zoning By-law 25'11 generally covering the eastern and western portion of these lands; - none of the parent zoning by-laws permit accessory dwellings as-of-right in any dwelling units with the exception of the few site specific locations where property owners have made successful applications to Council for their specific property; - an amendment to all four (4) zoning by-laws will be required to permit an accessory dwelling unit in certain types of existing dwelling units. 2'8 Information Report No. 31-02 Page 4 4,0 HISTORY OF ACCESSORY DWELLINGS IN PICKERING accessory dwelling units have existed in Pickering for numerous years, they have been constructed in existing dwelling units without the benefit of a building permit or complying with existing zoning regulations, resulting in the vast majority of accessory dwelling units being illegal; accessory dwelling units are not currently formally tracked or registered in the City, so it is not known exactly how many dwellings currently contain accessory dwelling units; the City is usually made aware of possible illegal accessory dwelling units by complaints from neighbours, inspection of a property by the Fire Services Division, through the review of building permit plans for alterations to existing dwellings or through real estate advertisements; when a homeowner requests recognition of an accessory dwelling units within an existing dwelling, a site specific application is required to amend the zoning by-law to permit the accessory dwelling unit; the City has processed a few of these applications every year for the past few years; the City has attempted to track suspected houses that contain accessory dwellings and has generalized the location of these dwellings to demonstrate that houses with accessory dwelling units are not isolated to specific neighbourhoods in the City, but rather they occur in most neighbourhoods throughout the City (see Attachment #1 ). 5.0 ACCESSORY DWELLING UNITS IN OTHER MUNICIPALITIES the issue of accessory dwelling units is not unique to Pickering, numerous municipalities have addressed the issue; different municipalities have taken different approaches to the issue, from amending the zoning by-laws to permit accessory dwelling units across the municipality in different types of existing dwelling units, to prohibiting accessory dwelling units and enforcing the zoning by-law strictly when complaints are received; Attachment #2 is a summary chart of the results of a survey of accessory dwelling units in other municipalities including all abutting municipalities and all the Durham Region lakeshore municipalities; the survey indicates that some municipalities have made recent changes to their zoning by-laws in order to recognize accessory dwelling units; those municipalities that have permitted accessory dwelling units allow them in detached dwellings and semi-detached dwellings, in most residential zones that permit detached dwellings and semi-detached dwellings, and require that one additional parking space be provided; most of the municipalities that permit accessory dwelling units also have established a registration by-law that requires all accessory dwelling units to be registered with the municipality. Information Report No. 31-02 Page 5 29 6.0 7.0 7.1 RENTAL APARTMENT VACANCY RATE - accessory dwelling units were recently brought to City Council's attention in the report from the Regional Chair's Task Force on Sustainable/Affordable Housing; one of the recommendations of the Task Force was that area municipalities be encouraged, to amend zoning by-laws to permit accessory apartments as-of-right in all detached dwellings, subject to Ontario Building and Fire Codes and local building codes and standards in order to provide additional affordable rental housing; - the need for additional rental housing is indicated in the vacancy rate for apartments which is approximately one (1) percent of all rental apartments; - there has not been the creation of a significant amount of affordable rental housing in the City, lately which further compounds the Iow affordable rental apartment vacancy rate. DISCUSSION General Overview Community Costs/Benefits there are numerous social and financial impacts to both homeowner and the community that result from permitting accessory dwelling units; one of the most important benefit is an increase in the amount of rental housing, most of which would be classified as being affordable; accessory dwelling units can also be a means of introducing social diversity into a community by integrating another form of housing into traditional Iow density neighbourhoods; accessory dwelling units may provide homeowners with additional revenue to be put toward the cost of home ownership or home maintenance; the additional revenue could be especially beneficial for homeowners living on a fixed income, such as seniors who desire to remain in their home; some accessory dwelling units are created in order to assist in a family issue where family members of the property owner live in the accessory dwelling unit to assist in either a financial, medical or emotional situation of the other family member; accessory dwellings provide homeowners with flexibility as homeowners can adapt their home to best suit their changing financial, social and space needs; this allows homeowners to add or remove an accessory dwelling as their needs change; Information Report No. 31-02 Page 6 the creation of accessory dwelling units allows for the intensification of existing built-up residential neighbourhoods without the consumption of more land; thus a form of smart growth as new dwelling units are created that utilize existing municipal infrastructure and do not consume significant resources in the creation of the new dwelling units; from a neighbourhood/community perspective concerns related to accessory dwelling units are often related to physical or social change; perceived concerns related to physical changes include reduced property maintenance, increased traffic and loss of privacy all of which could possibly result in a decrease of property values; concerns related to social changes include fears that lower income tenants in accessory dwelling units will have a negative effect on the neighbourhood image; although concerns may exist respecting aspects of accessory dwelling units such as (parking); accessory units occur in most neighbourhoods without any knowledge of their existence; Unit Type when considering the appropriateness of accessory dwelling units there should be established criteria that any dwelling unit must meet prior to considering whether the dwelling unit can properly accommodate an accessory dwelling unit; all dwelling units (existing and proposed accessory dwelling units) must meet all requirements of the Ontario Building Code and the Ontario Fire Code; the subject property must have sufficient space to accommodate one additional parking space on the lot and the additional parking space must be located in such a fashion that the majority of the front yard is not entirely used as a driveway/parking area; the subject property must have sufficient amenity space available to accommodate the outdoor living needs of two dwelling units; the existing dwelling unit should be of a sufficient size so that the resulting dwelling unit and the accessory dwelling units will both have appropriate floor space; the accessory dwelling unit should be accommodated in the existing dwelling with no visible physical change to the front fa(;ade of the existing house; if the above criteria was used in determining the type of dwelling unit that may be capable of accommodating an accessory dwelling unit, it appears that the majority of detached dwellings and some semi-detached dwellings could meet the mentioned criteria, while dwelling units located in townhouses or apartments would not be capable of meeting the criteria; Information Report No. 31-02 Page 7 ,,~.~ Zoninq Standards if accessory dwelling units are to be permitted in the City of Pickering, there should be certain zoning/performance requirements that must be complied with prior to an accessory dwelling being an "as-of-right"; accessory dwelling units may be permitted in al_JI zones that permit a certain dwelling type (such as detached dwelling and semi-detached dwellings) or accessory dwelling units may only be permitted in certain existing residential zones; if an accessory dwelling unit is a permitted use, the requirement to provide one (1) additional parking space would be a zoning requirement in addition to the two (2) spaces normally required for the principal residence; other possible zoning requirements include: minimum lot area, minimum lot frontage, minimum floor area for the accessory dwelling unit, location of required additional parking space; a minimum front yard landscape area; the requirement that the property be on full municipal services is being further investigated; the requirement that the owner of the property must reside in either the main dwelling unit or the accessory dwelling unit is also being considered; Property Assessment and Municipal Taxes in reviewing property assessment the determining factor for assessment value is "finished" floor area; an example is that there is no difference in assessment values between houses with basements that are finished for personal use and those basements that are finished in order to provide an accessory dwelling unit provided the level/degree of "finishing" is the same; however, an accessory dwelling unit may be created without significant improvements to the existing dwelling if the entire original dwelling was completed "finished" and only minor modifications are required in order to create the accessory dwelling unit; the establishment of most accessory dwelling units does result in improvements to the original dwelling that will result in an increase in the assessment value of the property; since municipal taxes are directly related to property assessment, should there be an increase in property assessment due to the establishment of an accessory dwelling unit, the municipal taxes for a property will also increase; since the vast majority of existing houses that contain an accessory dwelling unit were built without obtaining a building permit it can be assumed that the properties have not been properly assessed and therefore are not being appropriately taxed given the improvements that may have be done in order to establish the accessory dwelling unit; Information Report No. 31-02 Page 8 Re,qistration when the Provincial Government passed the Land Use Planning and Protection Act (Bill 20) in May of 1996, which restored the municipal zoning authority to control where accessory dwelling units may be created, this Act also provided a method for municipalities to keep a record of buildings containing an accessory dwelling by adding new provisions to the Municipal Act; Section 207.3 of the Municipal Act provides the authority for a by-law to be passed to require that houses with an accessory dwelling unit be registered and that an inspection for compliance with safety standards be a prerequisite for registration; without a registration by-law there is no requirement that homeowners advise the City that their building contains an accessory dwelling unit; the establishment of a registration by-law will place the onus on the property owner of a house containing an accessory dwelling unit to register their house with the City; a registration by-law can require that all accessory dwelling units be inspected to ensure that they comply with all relevant standards set out in the Ontario Building Code, the Fire Code, the zoning by-law and the Minimum Maintenance (Property Standard) By-law. 8.0 8.1 8.2 RESULTS OF CIRCULATION Resident Comments no comments from the public have been received as of the date of the writing of the report; Agency Comments no comments from any agency has been received as of the date of the writing of the report; 9.0 9.1 PROCEDURAL INFORMATION Official Plan Amendment Approval Authority the Region of Durham may exempt certain local official plan amendments from Regional approval if such applications are determined to be locally significant, and do not exhibit matters of Regional and/or Provincial interest; at this time, the Region has not yet determined whether this official plan amendment application is exempt from Regional Approval; Information Report No. 31-02 Page 9 33 9.2 General written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; .... ' '-- -~*~,~ --,~,~ ,,~'-'~ ~q inn~it in a Planninq ATfACHMENT INFORMATION REPORT#~ TAUNTON TAUNTON HEIGHTS TRAIL THIRD CON. LAKE ONT.4t~IO APPLICATIONS TO AMEND THE PICKERING OFFICIAL PLAN (OPA 02-003/P) AND ZONING BY-LAWS (A019/02) TO PERMIT ACCESSORY DWELLING UNITS AREAS WHERE EXISTING ACCESSORY DWELIJNGS ARE SUSPECTED