HomeMy WebLinkAboutFebruary 10, 2003PICK I RING
Planning Committee Meeting
Agenda
Monday, February 10, 2003 at 7:30 p.m.
Chair: Councillor McLean
ADOPTION OF MINUTES
Meeting of January 13, 2003
{11)
1.
MATTERS FOR CONSIDERATION
PLANNING & DEVELOPMENT REPORT PD 07-03
ZONING BY-LAW AMENDMENT APPLICATION A 18/02
SANDREA BARREl I
1626 MCBRADY CRESCENT
(PART OF LOTS 102 & 103, PLAN 40M-1380)
(PART 10, 40R-9291)
PAGE
1-18
PLANNING & DEVELOPMENT REPORT PD 08-03
ZONING BY-LAW AMENDMENT APPLICATION A 10/02
CENTURY GOLD PINS LTD.
950 SHEPPARD AVENUE
PART OF LOT 26, B.F.C., RANGE 3
19-39
PLANNING & DEVELOPMENT REPORT PD 09-03
DISPOSAL OF LANDS
BLOCKS 7, 8 AND 9, PLAN 40M-1599, PICKERING
(GLEN EDEN COURT)
40-46
CORRESPONDENCE
Members of Council may formally table an item of correspondence that has been
circulated by the Mayor, CAO, Clerk or other staff person.
(IV) ADJOURNMENT
RECOMMENDATION OF THE
PLANNING COMMITTEE
DATE
MOVED BY
SECONDED BY
That Zoning By-law Amendment Application A 10/02, be APPROVED AS
REVISED, subject to the conditions outlined in Appendix I to Report No. PD 08-
03 to permit additional retail and commercial uses, submitted by Century Gold
Pins Ltd., for 950 Sheppard Avenue, being Part of Lot 26, B.F.C., Range 3, City
of Pickering.
02
PICKERING
REPORT TO
PLANNING COMMITTEE
Report Number: PD 08-03
Date: January 24, 2003
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 10/02
Century Gold Pins Ltd.
950 Sheppard Avenue
Part of Lot 26, B.F.C., Range 3
Recommendation:
That Zoning By-law Amendment Application A 10/02, be APPROVED AS
REVISED, subject to the conditions outlined in Appendix I to Report No.
PD 08-03 to permit additional retail and commercial uses, submitted by Century
Gold Pins Ltd., for 950 Sheppard Avenue, being Part of Lot 26, B.F.C., Range 3,
City of Pickering.
Executive Summary: The applicant has requested that the Zoning By-law be
changed to permit additional retail and commercial uses within the existing building on
the subject property (see Location Map - Attachment #1).
The subject property is only suitable for some of the applicant's requested uses, due to
the size of the existing building, small lot area, limited on-site parking, and surrounding
land uses (see Attachment #2).
It is recommended that Council approve Zoning By-law Amendment Application A10/02,
to permit only the following additional uses: bakery; commercial school; dry cleaning
depot; financial institution; laundromat; personal service shop; restaurant (without
drive-thru); and retail store, subject to the following conditions:
(i) that the implementing by-law include an (H) Holding Symbol; and
(ii) that prior to removal of the (H) Holding Symbol the owner will be required
to enter into an appropriate development agreement and receive site plan
approval from the City of Pickering.
Financial Implications:
proposed development.
No direct costs to the City are anticipated as a result of the
Report PD 08-03
Subject: Century Gold Pins Ltd. (A 10/02)
Date: January 24, 2003
Page 2
03
Background:
1.0 Comments Received
1.1
At the August 8, 2002 Information Meeting
(see text of Information Report and Meeting Minutes, Attachments #3 and #4)
Resident Opposed (see Attachment #3):
One local resident expressed concerns that the site was inappropriate for
some of the proposed uses, and that there would be an increase in local
traffic.
1.2
Following the Information Meeting
Resident Opposed (see Attachment #4):
- One letter of opposition was received outlining concerns regarding the limited
size of the site; existing traffic congestion near the subject property; and that
future uses should be limited to those with Iow parking requirements and
traffic.
1.3
1.4
2.0
2.1
Agency Circulation
The commenting agencies circulated had no objections to approval of the
application (see Attachments #5-8). Specific comments from agencies regarding
future development of the site will be addressed through site plan approval
where appropriate.
City Department Comments
Municipal Property & Engineering · No objection.
Development Control
· No objection - provided that, if necessary,
fronting the site and potential stormwater
addressed through future site plan approval.
minor road improvements
management details be
Discussion:
The proposed uses conform to the Pickering Official Plan.
The subject property is designated "Mixed Use - Mixed Corridor" in the Pickering
Official Plan. The "Mixed Use - Mixed Corridor" designation permits the
proposed uses to be considered for approval. Approval of the rezoning would
implement the Pickering Official Plan designation. The proposed uses also
conform to the Durham Region Official Plan.
Report PD 08-03
Subject: Century Gold Pins Ltd. (A 10/02)
Date: January 24, 2003
Page 3
2.2
The lot size, building siting, and available on-site parking restricts the type
of uses that are appropriate.
There is limited on-site parking available
The subject property has limited lot area (0.12 hectares) and the building has
limited floor area (200 square metres). Based on the limited lot area, the shape
of the existing lot, and the size and siting of the existing building, the subject
property may accommodate approximately 16 on-site parking spaces.
The required on-site parking for the requested uses ranged significantly between
9 and 22 spaces, depending on the use. The subject property cannot provide
the required parking for uses which generate high volumes of traffic and/or
require additional parking (i.e. assembly hall; commercial club; commercial-recreational
establishment). However, the subject property and existing building are suitable for
uses which require approximately 16 parking spaces or less.
Appropriate uses are restricted to those that are compatible with, and have
negligible impact on, surrounding land uses.
The applicant is proposing to add the same uses as those uses currently
permitted at the neighbouring Dunbarton Plaza. However, the subject property is
not suitable for certain uses. For example, a day nursery is not suitable due to
the proximity to the CNR rail line to the north and east, nor are uses which
generate higher volumes of traffic, where required parking cannot be
accommodated on-site (i.e. drive-thru restaurant; food store; place of
amusement or entertainment; assembly hall).
The CNR rail line to the north of the subject property provides a physical and
visual barrier/buffer between the subject property and residential uses to the
north. Most of the proposed uses are compatible with the other existing
surrounding land uses (i.e. medical office use to the west; car dealership and
Police Credit Union uses to the south; and residential uses to the north).
Therefore, most of the proposed uses would have negligible impact on; and
would be complementary and compatible with surrounding land uses.
Accordingly, it is recommended that the following uses be permitted:
bakery;
· business office;
· commercial school;
· dry cleaning depot;
· financial institution;
· laundromat;
· personal service shop;
· professional office
· restaurant (without drive-thru);
and
· retail store.
Report PD 08-03
Subject: Century Gold Pins Ltd. (A 10/02)
Date: January 24, 2003
Page 4
O5
2.3
3.0
Approval of the application should be subject to an (H) Holding Symbol.
Business and professional offices are currently permitted uses on the site and
will continue to be permitted under current site development conditions. It is
recommended that the introduction of any of the recommended additional uses,
other than business and professional offices, be controlled through the use of an
(H) Holding Symbol in the Zoning By-law, to ensure a higher level of site design
to meet current municipal standards. This will ensure that matters such as
on-site parking, site function (access/egress, traffic aisle movements, parking
locations), site improvements (fencing, landscaping, paved surfaces, road
improvements), and stormwater management are addressed prior to the
introduction of other new uses. The owner will be required to receive Site Plan
approval, and enter into an appropriate development agreement with the City,
prior to the removal of the (H) Symbol.
Applicant's Comments:
The applicant is aware of the recommendations of this Report.
Attachments:
2.
3.
4.
5.
6.
7.
8.
Location Map
Site Plan (circa 1976)
Information Report, Statutory Public Meeting, August 8, 2002
Minutes from Statutory Public Meeting, August 8, 2002
Letter from Gayle Clow, 1811 Fairport Road
Comments from Durham District School Board
Comments from Durham Region Planning Department
Comments from Canadian National Railway Properties Inc.
06
Report PD 08-03
Subject: Century Gold Pins Ltd. (A 10/02)
Date: January 24, 2003
Page 5
Prepared By:
Planner 11
Approved / Endorsed By:
I~ ~cCt~ ~P ~);;e,o p m e nt
Lynda D. Taylor, MClP,/R~'PP
Manager, Development Review
EB:jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
T/h~s-J. Qui~if~, Chief/~minist~e Officer
APPENDIX I
TO REPORT NO. PD 08-03
07
RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW
AMENDMENT APPLICATION A 10/02
That the implementing Zoning By-law:
(a)
continue to permit business and professional offices as permitted uses
under current site development conditions;
(b)
place a (H) Holding Symbol on the subject property to restrict
establishment of a bakery, commercial school, dry-cleaning depot;
financial institution, laundromat, personal service shop, restaurant
(without drive-thru), and/or retail store on the subject property until the
owner enters into an appropriate agreement with the City and receives site
plan approval to address, such matters as, site function (acces§/egress,
traffic aisles, parking locations), site improvements (landscaping, paved
surfaces, road improvements), and stormwater management.
(c)
include, but not be limited to, the following provisions:
parking standards for the permitted uses;
recognizing existing building setbacks, lot dimensions, and lot
coverage;
amend the existing SC-12 zone category to establish a new zone
category for the additional permitted uses subject to an (H) - Holding
Symbol.
ATTACHMENT # ~I TO
0 8 REPORT # PD ¢~',~- c~ *~
City of Pickering Planning & Development Department
PROPERTY DESCRIPTION LOT 40, PLAN 1051 ,~
OWNER CENTURY GOLD PINS LTD. DATE MAY 21, 2002 DRAWN BY JB
FILE No. Al0/02 SCALE 1:5000 CHECKED BY GR
FOR DEPARTMENT USE ONLY PN-7 PA-
O9
INFORMATION COMPILED FROM APPLICANT~;
SUBMITTED PLAN -
A1 O/O2
S,'T£ P£A/Y
;q4;PT' ~ - P£A,%' 80
10
PICKERING
~'r~AoH~;,EI'~T #. _2, ,TO
REPORT # PD ~/') ~ "~ 3
INFORMATION REPORT NO. 23-02
FOR PUBLIC INFORMATION MEETING OF
August 8th, 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 010/02
Century Gold Pins Ltd.
Part of Lot 26, B. F. C., Range 3
950 Sheppard Avenue
1.0 PROPERTY LOCATION AND DESCRIPTION
the subject property is located on the north-east corner of Sheppard Avenue
and Merdton Road (see Attachment # 1);
the subject property is currently developed as a one-storey business office
used by Century Gold Pins Ltd.;
access to the subject property is currently provided from Sheppard Avenue;
the surrounding land uses include: the Dunbarton residential neighbourhood
to the n°rth; Kingston Road, Highway 401, The Police Credit Union and
two (2) vehicle sales and service establishments to the south / southeast; the
Canadian National Railway to the east / northeast; and the Dunbarton Plaza
and a gas bar / automobile service station to the west.
2.0 APPLICANT'S PROPOSAL
the applicant is proposing to amend the existing zoning on the subject
property to permit, in addition to the existing business and Professional office
uses, the following commercial and retail uses:
(i) Assembly hall (ix) Financial institution
(ii) Bakery (x) Food store
(iii) Business, office (xi) Laundromat
(iv) Commercial club (xii) Place of amusement or
(v) Commercial-recreational entertainment
establishment (xiii) Personal service shop
(vi) Commercial school 't (xiv) Private club
(vii) Day nursery (xv) Restaurant- type A
(viii) Dry cleaning depot (xvi) Retail store.
3.0
3.1
OFFICIAL PLAN AND ZONING
Durham Re.qional Official Plan
the subject property is designated LivingArea in the Durham Regional Official Plan;
the predominant use of lands designated Living Area shall be for housing
purposes;
- the Living Area designation also permits limited, office development and
limited retailing of goods and services;
- the proposed uses appear to conform to .the relevant policies of the
Durham Regional Official Plan;
Information Report No. 23-02
3.2 Pickerinq Official Plan
ATTACHMENT #...,~ TO Page 2
REPORT # PD ~ ~' -co .-~
1!
the subject property is designated Mixed Use Areas - Mixed Corridor within
the Dunbarton Neighbourhood shown on Schedule I - LandUse Structure of
the City of Pickering Official Plan;
the Mixed Use Areas - Mixed Corridor designation permits the following uses:
residential; retailing of goods and services; offices; restaurants; community,
cultural and recreational uses; and special purpose commercial use's;
- the Mixed Use Areas - Mixed Corridor designation encourages permitted
uses to serve a broader area, at a community scale and intensity;
- in establishing performance standards, restrictions and provisions for the
Mixed Use Areas - Mixed Corridor areas, City Council shall have particular
regard to encouraging development in an integrated manner for a wide variety
of uses and purposes, and encouraging intensification over time, up to the
maximum floor space indices outlined in the Official Plan;
the maximum gross leasable floorspace for the retailing of goods and
services within a Mixed Use Areas - Mixed Corridor designation, is to be
determined by site specific zoning;
- Council may, however, limit floorspace below the maximum permitted by the
Official Plan policies to address concerns related to such matters as design,
compatibility, and scale of development; and in response to provisions
specified in the Part Three (Dunbarton) Neighbourhood Plan;
3.3 Compendium Document to the Official Plan
the subject preperty is located within a Detailed Review Area of the
Dunbarton Neighbourhood for which Council has not yet adopted area-wide
development guidelines;
Section 11.2 (d) of the Pickering Official Plan requires that development
guidelines be prepared within a Detailed Review Area prior to any major
development proceeding;
3.4 Zoninq By-law 3036
the subject property is currently zoned "SC-12" - Special Commercial, by
By-law 3036, as amended by By-law 2498-87;
the "SC-12" Zone currently permits the following uses:
(i) Business office
(ii) Professional office
an amendment to the zoning by-law is required to permit the proposed
commercial and retail uses.
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
- no wdtten comments from residents have been received to date;
4.2 A.qencv Comments
4.3
no written comments from agencies have been received to date;
Staff Comments
4.3.1 Land Use and Technical Matters
although development guidelines for a Detailed Review Area are required
pdor to major development proceeding, the applicant proposes to use the
existing building on the subject property (see Attachment #2);
staff considers the development to be minor in nature, and therefore,
preparation of development guidelines are not required prior to permitting the
proposed rezoning;
12
ATTACHMENT# ~ TO
REPOR7 # PD ,.~ ~- .,3 '~
Information Report No. 23-02
Page 3
the existing Kingston' Road Corridor Urban Design Guidelines will provide
some guidance for (re)development of the site;
an application for Site Plan Approval may be required prior to any
(re)development proceeding, but has not yet been submitted;
in reviewing the application to date, the following matters have been identified
by staff for further review and consideration:'
· impact of the proposed uses on surrounding land uses;
· compatibility of the proposed uses with surrounding land uses;
· conformity with the applicable policies of the City of Picketing Official Plan
and Compendium Document;
· access to the subject property; and
· small lot area which limits parking and may constrain (re)development.
5.0 PROCEDURAL INFORMATION
wdtten '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 wdting to the City Clerk.
6.0 OTHER INFORMATION
6.1 Information Received
legal plan of survey;
Phase I - Environmental Site Assessment (a copy is available for viewing at
the Planning & Development department);
6.2 Company Principal
the Zoning By-law Amendment application has
Richard Bdscoe on behalf of Century Gold Pins Ltd,;
Richard Bdscoe is part owner of Century Gold Pins Ltd.
been submiffed by
Planner II
EB:td
Attachments
Lynda D. Taylor, MblP, RPP
Manager, Development Review
·
Copy: Director, Planning & Development
Excerpts from Statutory Public Info~matlo~n
Meeting
Pursuant to the Planning Act
ATTACHMENT # z/~ ..... TO
REPORT ~' PD 42 oc - co _2)
Wednesday, August 8, 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.
(IV)
ZONING BY-LAW AMENDMENT APPLICATION A 10/02
CENTRUY GOLD PINS LIMITED
(950 SHEPPARD AVENUE)
Edward Belsey, Planner II, provided an explanation of the application, as outlined in
Information Report #23-02.
Sylvia Spencer, 771 Sheppard Ave. E. advised that she was opposed to the following
uses: Assembly Hall, Bakery, Commercial club, Commercial-recreational
establishment, Day nursery, Financial institution, Food store, Place of amusement or
entertainment, Private club, and Restaurant.
FROM : Brian + Gawlm Clow PHONE NO. : 985 839 B158
1.4
THE
DUP~HAM
DISTRICT
SCHOOL
BOARD
Facilities Ser&ces
400 Taunton Road East
~X/hitby, Ontario
L] R 2K6
Telephone: (905) 666-5500
1-800-265-396@
Fax: (905) 666~6439
ATTACHMENT
REPORT # PD
July 16, 2002
TO
R~C~V~.D
jUL 1 B 2OO2
C. ITY OF PICKERING
PLANNING AND
D~ELOPMENT DEPA2TM~
15
JUL 1 8 ZI]oz
CITY OF PICKERING
PICKI~RING, ONIIFARIO
The Corporation of the
City of Pickering
Planning Department
Pickering Civic Centre
One The Esplanade
Pickering, Ontario
L1V 6K7
A~ention: Mr. Ed Be!sey
Dear Mr. Belsey,
Zoning By-law Amendment Application A010/02
Century Gold Pins Ltd.
Part of Lot 26, Broken Front Concession, Range 3
950 Sheppard Ave.
City of Pickering
Staff has reviewed the information on the above noted application and under the
mandate of the Durham District School Board, has no objections.
Yours truly,
Christine Nancekivell,
Planner
CN:em
I:\PROPLAN\DATA\PLNG~ZBL\A 10/02
JUL
The Regional
Muni;ipallty
of Durham ,
16
.. ATTACHMENT
July 31,2002 , R..EPOR~.#..PO
Ed B~lsey, Planner
Planning & DeveloPment Department
One the. Esplanade
Pickering; Ontado ..
L1V 6K7
Planning
Department
1615 DUNDAS ST. E.
4TH FLOOR, LANG ~OWER
WEST BUILD!NG
P.O. BOX 623
~/HITBY~ ON. L1N 6A3
.(905) 728-7131
FA~ (905) 436-6612'
Dear Mr. Belsey:
Re:
Zoning Amendment Application A 10/02
Applicant: ' CentUry Gold Pins Limited
Location: Pa.rt of Lot26,.Range 3 B.F.C.
Municipality: City of Pickering '.
W~fw, re~_ ion.durham,on,c:~
A.L. Geo~tlleff, MClP. EPP
Commissioner of Planning
We have reviewed this application andthe follOwing comments are
offered' wi'th respect to' 'compliance with the Durham Regional Official
Plan, the proposed method of servicing and.delegated provincial' plan
review responsibilities.... '
'The .purpose of the application is to reZonethe subject property'to permit
certain commercial and retail uses in addition to the existing permitted'
'USES.
The subject property is. designated "Living Area". in the Durham Regional
Official Plan. Limited office 'development .and' retailing of goods, and
services are permitted.within this designation, .in appropriate locations...
These uses are permitted as components of mixed use developments,
provided that community, and Local Central Areas are designated Jn the
area municipal official plan, and the functions and characteristics of the
Central Areas are not a:..dver'sely'affected, The proposed amendment is
in conformity with the Durham Regional. Official Plan,
Municipal W. atet supply'end sanita~ry sewer services are available to tlie
,subject site,' "
This applicatibn has'been· screened in accordance with' the terms of the
· .provincial plan review respo..nsibilities, No provincial interests appear to
be affected ....
If you have any.questions e~'require additional'information~ .Please call
· me.
100% Post Consumei
YourstrulY~ ' '
· Ray Dav~es, Planner
.. Current Operations.·Branch:.
cc, .Rob RoY,.' Durham Region Works
.Department
· ;
Page'2
Canadian Propri6t6s
N~onal ferroviaires du
Railway Canadlen
properties lac, National Inc.
ATTACHMENT
~ REPORT ~ PD_
277 Front Street West
FIo=¢ S
Toronto, Ontario
MSv 2×7
Facsimile'. (418) 217-674-q
277, rue Front oue~t
Toronto (0ntado)
MSV 2X7
T~l&phone: (416) 2~ 7-6961
T~16~pleu~ (416) 217-67a3
V%A FAX; g05-420-7648
13 August 2002
Mr. Ed Belsey
Planning and Developmenl: Depart~nent
City of Pickering
One The Esplanade
Picketing ON L;I.V 6K7
Your File:
Our File:
Dear Mr, Eelsey:
Re;
Proposed zoning By-Law Amendment
950 Sheppard Avenue, Part Lot 26~ BFC~ Range 3
CENTURY GOLD PZNS LTD.
A 03.0/02
TZ~4500~P~02
RECEtVEO
AUG 1 3 200
CITY OF PICKERING
PLANNING AND
DEVELOPMENT DEPARTMENT____
We have reviewed the letter from the City Clerk dated 3.2 .luly 2002/ regarding the above noted
application and have the following comments:
1. The Owner must install and maintain at his own expense, a chain link fence of minimum 1,83
moLTO height along the mutual properly line.
Any proposed alterations to the existing drainage pattern affecting Railway property must
receive prior concurrence from the Railway and be substantiated by a drainage report to the
satisffaction of the Railway,
Tn addiMon~ rail noise, vibration and safely should be considered in the design of the development~
to the satlsfa~on of the municipality. Appropriate miMgation measures should be included in the
Zoning By-law Amendmen& CN's current guidelines recommend that the acceptable protective
measures for the land use proposed include the following;
A minimum 30 motto building setback from the railway dght-of-way in conjunction with an
earthen berm, The berm should be 2,5 metres above grade a: the properly line, having side
slopes not steeper than 2,5 to [, adJolnlng and parallel to the railway right-of-way with
rei~rns a~ the ends,
We. recommend that the Owner engage a consultant to undertake an analysis of noise and
vibration and to undertake appropriate measures to mitigate any adverse effects from noise
and/or vibration that were identified.
W~ request receiving notice of the Amendment being approved.
Should you have any further quesMons, please do not hesEate to contact the undersigned at
(4Z6) 2Z7-696:t,
Geoff Woods, B.E,S,
Development Review Coordinator
A wholly owned s~b~kllar/of Canadla~ National Railway Company / Uno flilale en pmprl~t~ exclusive de la Compagn[e des chemirm de for nq~naux du Ca,ada
19
RECOMMENDATION OF THE
PLANNING COMMITTEE
DATE
MOVED BY
SECONDED BY
That Zoning By-law Amendment Application A 18/02, be APPROVED as set out
in the draft by-law attached as Appendix I to Report No. 07-03, to permit the
establishment of a second dwelling unit in the main dwelling unit, submitted by
Sandrea Barrett, on lands being Part of Lots 102 & 103, Plan 40M-1380, (Part
10, 40R-9291), City of Pickering.
That the amending zoning by-law to implement Zoning By-law Amendment
Application A 18/02, as set out in Appendix I to Report Number PD 07-03 be
forwarded to City Council for enactment.
20
PICKERING
REPORT TO
PLANNING COMMITTEE
Report Number: PD 07-03
Date: January 24, 2003
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 18/02
Sandrea Barrett
1626 McBrady Crescent
(Part of Lots 102 & 103, Plan 40M-1380)
(Part 10, 40R-9291 )
Recommendation:
That Zoning By-law Amendment Application A 18/02, be APPROVED as set out
in the draft by-law attached as Appendix I to Report No. 07-03, to permit the
establishment of a second dwelling unit in the main dwelling unit, submitted by
Sandrea Barrett, on lands being Part of Lots 102 & 103, Plan 40M-1380,
(Part 10, 40R-9291), City of Pickering,
That the amending zoning by-law to implement Zoning By-law Amendment
Application A 18/02, as set out in Appendix I to Report Number PD 07-03 be
forwarded to City Council for enactment.
Executive Summary: The applicant requests a change to the zoning by-law to
permit the establishment of a second dwelling unit within their existing dwelling. The
current zoning only allows one dwelling unit. The property is located on the west side of
McBrady Crescent (see Location Map, Attachment #1).
The existing house will continue to appear as a single dwelling unit, maintaining the
visual impact and character of the neighbourhood. With the availability of parking in the
two car garage and two spaces in the existing driveway, there is adequate parking for a
second unit. It is recommended that the application be approved and the draft by-law
be forwarded to Council for enactment.
Financial Implications:
proposed development.
No direct costs to the City are anticipated as a result of the
Report PD 07-03
Subject: Zoning By-law Amendment Application A 18/02
Date: January 24, 2003
Page 2
Background:
1.0 Comments Received
1.1 At November 21, 2002 Information Meeting
(see text of Information Report and Meeting Minutes, Attachments #2 and #3)
From Residents Opposed
- traffic concerns
- parking increase on street
- second units not in character with community
- community safety concerns
- property maintenance concerns
- precedent setting
From Applicant
wants a safe neighbourhood
requires space for her grown
children
1.2 Following Information Meeting
Residents Opposed:
- no sense of community
- lower standards of living
- negative neighbour relations
- increase parking on street
- safety of children in area
- (see Attachments CfA to #5)
Agencies:
Durham Planning Department
conforms with Regional Official Plan
no Provincial interests
(see Attachment #6)
City Departments:
Fire Prevention
property would have to meet the
requirements of the Ontario Building
And Fire Codes (see Attachment #7).
22
Report PD 07-03
Subject: Zoning By-law Amendment Application A 18/02
Date: January 24, 2003
Page 3
2.0
2.1
Discussion
Site-specific Zoning Application Won't Prejudice On-going City-Wide
Zoning Review of Two-Unit Houses
The City's Official Plan encourages 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
overtime.
The City is in the process of completing a review of the Official Plan and
Zoning By-law to establish criteria and standards for second units. Until such
time as this review is complete it is appropriate that individual zoning
amendments for second dwelling units be considered on their own merits.
Approval of this application will not prejudice the City's second unit review
process.
2.2
2.3
Existing House will Continue to Appear as a Single Dwelling
This rezoning application was a result of a building inspection of an approved
building permit for a below grade entrance. Upon inspection, it was discovered
that a second dwelling unit existed. Upon being advised that a second unit was
not permitted, the applicant submitted a Zoning By-law Amendment Application.
The existing zoning of the lands is 'S3'- Single Detached Dwelling Residential
Zone, which permits one dwelling unit per lot. The introduction of a second
dwelling unit and associated construction within the existing dwelling, and its
impact on the established streetscape, was reviewed to ensure that the existing
dwelling will continue to appear as one dwelling.
The main dwelling will have two units, with no indication of the existence of a
second dwelling unit. The second unit can be accommodated within the building
without detection from outside thereby visually maintaining neighbourhood
character within the Brock Ridge Neighbourhood.
Existing Two-Car Driveway Provides Adequate Parking for Proposed
Additional Unit
The subject property currently supports two parking spaces in the existing
attached garage and two in the driveway.
Report PD 07-03
Subject: Zoning By-law Amendment Application A 18/02
Date: January 24, 2003
Page 4
23
3.0
Any increase in parking demand created by a second unit should be
accommodated on-site, but may require the dedicated use of the garage for
parking purposes.
It is recommended, that a minimum of three parking spaces be maintained on the
property at all times and that this requirement be established in the implementing
zoning by-law. With four parking spaces currently in place, the site has adequate
parking to accommodate the proposed second unit.
The attached by-law, included as Appendix I to this report, implements Staff's
recommendation to approve the establishment of a second dwelling unit in the
main dwelling.
Applicant's Comments
The applicant is aware of the contents of this report and has reviewed the draft
by-law.
Attachments:
2.
3.
4.
5.
6.
7.
Location Map
Information Report
Minutes from Public Information Meeting
Letter from Dan & Pat Bates, 1625 McBrady Crescent
E-Mail from Joanne Saagi, 1628 McBrady Crescent
Comments from the Region of Durham Planning Department
Comments from the City of Pickering, Operations & Emergency Services
24
Report PD 07-03
Subject: Zoning By-law Amendment Application A 18/02
Date: January 24, 2003
Page 5
Prepared By:
Ge,~Tf RjC/r~anowski
Planning Technician
DN ~iel cCt~~,P~evelo p me nt
GXR: pbd
Attachments
Copy: Chief Administrative Officer
Approved / Endorsed By:
Lynda ~ay~r, MClP, RPP~
Manager, Development Review
Recommended for the consideration of
Pickering City Council
The~ 3'7. Qui(¢, Chie~dmin~
APPENDIX I TO
REPORT NUMBER PD 07-03
25
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 18/02
26
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO:
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended by By-law 2024/85 & 2099/85, to implement the Official Plan of
the City of Pickering District Planning Area, Region of Durham in Part of
Lots 102 & 103, Plan 40M-1380, (Part 10, 40R-9291), City.of Pickering.
(A 18/02)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
change the zoning of the lands to permit the establishment of a second dwelling unit
within the existing dwelling, on the subject lands, being; Part of Lots 102 & 103,
Plan 40M-1380, (Part 10, 40R-9291 ), City of Pickering.
AND WHEREAS an amendment to By-law 3036, as amended by By-law 2024/85 &
2099/85, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. TEXT AMENDMENT
SECTION 5. Provisions of By-law 2024/85 is hereby amended, as follows:
(1) Clause 5. (1)(a) is amended by adding the following subclause:
(ii)
Despite subclause 5.(1)(b)(ix) or any other provision of this By-law,
a detached dwelling unit on Part of Lots 102 & 103, Plan 40M-1380
may include a second dwelling unit in the main dwelling;
(2) Clause 5.(1)(b)(x) is amended by adding the following paragraph:
(a)
where a detached dwelling is permitted to include a second
dwelling unit, there shall be provided and maintained a minimum of
three parking spaces on that lot.
2. BY-LAW 2024~85
By-law 2024/85 is hereby further amended only to the extent necessary to give
effect to the provisions of this By-law as set out in Section I above. Definitions and
subject matter not specifically dealt with in this By-law shall be governed by the
relevant provisions of By-law 3036, as amended.
3. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the approval
of the Ontario Municipal Board, if required.
BY-LAW read a first, second and third time and finally passed this day of ,2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
ATTACHMENT# I TO
REPORT t PD ~ '7 - o9
27
BAGGfNS
DELLBROOK
AVENUE
McBRADY
PROPERTY
ALPINE lANE
CRESCENT
ROAD
CO~R'/OoR
WEST
cENUE FINCH AVENUE FINCH AVENUE
City of Pickering Planning & Development Department
PROPERTY DESCRIPTION PART OF LOTS 102 & 103, PLAN 40M-1380 Now 40R-9291, PART 10
APPLICANT S. BARRiF..iT DATE OCT. 3, 2002 J DRAWN BY lEI ~'""~,
APPLICATION No. A18/02 SCALE 1:7'500 I C_FlECKED BY GR
FOR DEPARTMENT USE ONLY PN-13 PA-
28
ATTACHMENT# ~ ,, TO
REPOR7 ~ PD~
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 Picketing
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 PROPOSAI..
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
ATTACHMENT #_...~___...T0
REPORT # PD ~ '7 -o % _ Page 2
29
3.2
3.3
4.0
4.1
4.2
4.3
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 developmellt within an "Urban ResidenlJal 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.
Zoninq 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.
RESULTS OF CIRCULATION
Resident Comments
- no'written resident comments have been received to date;
Agency Comments
- no agency comments have been received to date;
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
ATTACHMENT#. ~ -TO
REPORT#
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 commepts 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
8,3
OTHER INFORMATION
Appendix No. !
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 Picketing Planning & Development Department;
Property Principal
the principal of this property is Sandrea Barrett.
Gem ~,~nowski
Planning Technician
Lynd~'Tdylor, MCIP/F~P
Manager, Development Review
GXR:td
Attachments
Copy: Director, Panning & Development
APPENDIX NO. I TO
~NFORMATION REPORT NO. '34-02
31
COMMENTING RESIDENTS AND' LANDOWNERS
(1) none received to date;
COMMENTING AGENCIES
(1) none received to date;
COMMENTING CiTY DEPARTMENTS
(t) Planning & Development Department;
32
HCKERING
Statutory Public Information Meeting
ATTAC,V,E.T ~._~ m~'hursday, November 21, 2002
REPORT # PD CO7-O3 ...... 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.
(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
Geoff Romanowski, provided an explanation of the application, as outlined in
Information Report #34-02.
Sandrea Barrett, applicant, advised that this application is to provide an
additional bedroom and separate entrance for her grown children.
Penny Giraudy, 1620 McBrady Cres, stated that she purchased in a single family
development, paid extra to have more property and does not want to see
basement apartments legalized which could possibly cause decreased
assessment value. She has telephoned the by-law department about on-street
parking and will continue to do so. She further stated that 1626 McBrady Cres.
already had a three piece bathroom.
Dan Bates, 1625 McBrady Cres., advised that they bought based on green space
environment and schools. A second living unit in a home unfortunately causes
increased garbage which, if not picked up, is thrown elsewhere, Renters are not
concerned about the community and allowing basement apartments causes
stress on relationships with neighbours. He stated his opposition to any
additional basement apartments.
Pat Bates, 1625 McBrady Cres., stated her disappointment with what is
happening in her neighbourhood. Her concerns include increased traffic, value
of their home, break-ins and other community problems. She further slated her
concern that speaking out against basement apartments will cause ill feelings
with neighbours. She doesn't understand the process or how this situation
occurred.
33
Statutory Public' Information Meeting
ATTACHMENT #.,.~
REPORT # PD o 7-0 '~
Thursday, November 2t, 2002
TO 7:00 P.M.
6~
Geoff Romanowski, advised that the applicant submitted an application for a new
entrance and upon inspection the inspectors noticed the apartment and a stop
work order was given. The applicant was informed of the zoning requirements
and therefore submitted a rezoning application.
Sandrea Barrett, applicant, confirmed that they are willing to comply with
whatever the City requires. They are also concerned with safety, do not park on
the road and there was no bathroom in the basement of this home when they
purchased it. This apartment is only for their grown children when they come
home from university and when the stop work order was issued, they
immediately came in for a permit.
34.
City Clerk, Mr. Bruce Taylor
City of Pickering
Picketing Civic Complex
One The Esplanade
Pickering, Ontario
L1V 6K7
email btaylor~city.pickering.on.ca
Telephone (905) 420-4611
Fax (905) 420-9685
Mr. & Mrs. Bates
1625 McBrady Crescent
Pickering, Ontario
Canada
L1X 2B7
email pmbates~rogers, com
Telephone (905) 428-0056
FAX (905) 686-8912
Re: Zoning Amendment Application - A18/02
Dear Mr. Taylor,
We are writing to express that we are opposed to the proposal to change the existing zoning of 1626
McBrady Crescent to permit the establishment of a second unit in the main dwelling.
We have lived in our home on McBrady Crescent since purchasing it in 1987 when the subdivision was
originally developed. The key reasons for choosing our home were related to safety and neighbourhood
environment. We paid a premium for our lot with no plans of ever moving because we valued the location.
Over time we have seen the degradation of the neighbourhood. Because of this, our valued neighbours have
left or are planning to move as soon as possible. Basement apartments are largely to blame for this
problem. They tend to exist in this neighbourhood because people can not afford their homes. They fill the
main dwelling with extended family and friends, then they rent out the basement to whoever they can get.
They don't care about the neighbourhood, they simply need affordable housing. This neighbourhood has
become known for this and the current house values and new purchasers reflect this.
We have more than our fair share of people and basement apartments in this neighbourhood akeady. We
have observed that the large majority of people living in those basement apartments demonstrate a lack of
interest and care in our neighbourhood so there tends to be a increase in theft, litter, destruction of public
and private property, and civil disturbances. There have been many times where police had to be called to
houses on McBrady Crescent that have basement apartments. In one situation, neighbours had to deal with
young offenders, who stole property, threatened mothers and assaulted one of the fathers. Fortunately the
neighbourhood banded together to work with the Police and the Courts to expel the criminal element from
their basement apartment. We do not need the added worry of having to deal with yet another basement
apartment. If the City is trying to generalize the placement of basement apartments throughout Pickering
then new apartments in our neighborhood should be stopped until the rest of Pickering catches up to the
same density of units.
McBrady Crescent should be a premium location in this neighbourhood because of low traffic and low
population. The houses are spaced about 40' apart on average and there are no houses on the side of the
crescent facing Brock Road or Dellbrook Plaza. Also, where there are houses on the outside of the
crescent, there is no sidewalk. This means that under normal circumstances with single family residences
only, cars should not be parked on the road. The only traffic should be for those living or visiting here, thus
allowing children to play safely, they same as they would living on a court. The police said it should be
easy to keep the street safe because it is not a through street and we should be able to recognize unknown
people and vehicles. We can no longer do this because we don't even know who our neighbours are
because there are so many and they change so often.
On top of having to deal with negative experiences with uncaring tenants, we have also experienced stress
in our relationships with some neighbours who bring in basement apartments. An issue that we may have
with their tenants' behaviour becomes an issue with the landowner. As homeowners we must compromise
and get along w/th our neighbours. A single-family residence means that there should be only one family
ATTACHMENT #~TO
REPORT~ PD 4)'7~-~
35
per home to deal with, and that they should have a vested interest in their property. That is the reason why
single family residences carry the highest premium of all home purchase options.
We believe that there will be only negative implications in permitting more dwelling units to be added to
the existing houses in the neighbourhood. There does not seem to be any value to the neighbourhood for
allowing second units in single-family dwellings, instead there will be a decrease in our quality of life and
the financial value of our property. The only benefit would be to the landlord in the form of rental income.
We did not purchase our home in the subdivision designed for mid-sized single-family residential
dwellings with the expectation that the City would then perm/t changes that would significantly impact the
ability of residents to use and enjoy their property and the neighbourhood as designed in the original plan.
As per the specific situation with the home at 1626 McBrady Crescent, it is situated on the side of the street
that has a sidewalk and it faces Brock Road. The driveway is already full so there would not be room for
tenant vehicles. The applicant stated at the public meeting that her immediate neighbour at 1624 McBrady
Crescent has a basement apartment that requires cars to be parked on the road, and that she has had
problems with them. Both these homes have the same amount of parking space, yet the applicant appears to
have more family living in her home, so we don't see how she won't add to the parking problem. This
section of McBrady Crescent should have the least amount of traffic and parked vehicles and be the open
area for children to play.
The applicant applied for the rezoning after she had already installed the second dwelling without the
necessary approvals. As basement apartments are illegal in the City of Pickering we would like the City to
take the stance of all Municipalities included in Report No. 31-02 that boarder on Toronto and have the
homeowner remove the illegal unit. By-laws need to be enforced in order for them to have meaning and
deter illegal behaviour.
Please prove wrong our neighbours who say it is pointless to voice their opinion because the City will not
listen anyway, and even if the zoning is not approved that fl~e applicant will still keep the apartment since
the By-laws ~von't be enforced. Please reward people for their efforts when they take the time and risk to
speak out.
We request that the City turn down the application for the zoning amendment that would allow a second
unit to be added to the main dwelling at 1626 McBrady Crescent.
Sincerely,
Dan & Pat Bates
cc. Mayor Wayne Arthurs, mayor~ci _ty.pickering.on.ca
Regional Ward 3 Councillor Rick Johnson, riohnson(~city.pickering.on.ca
Ward 3 Councillor David Pickles, dpickles~city.pickering.on.ca
GeoffRomanowski, Planning Technician, gromanowski(~_.city.pickering.on.ca
36
Romanowski, Geoff
Page 1 of 1
From: Taylor, Bruce
Sent: November 29, 2002 2:04 PM
To: Romanowski, Geoff
Subject: FW: Application No. A18/02
For your information
..... Original Message .....
From: ]oanne Saagi [mailto:.lSAAGI@mccarthy.ca]
Sent: November 28, 2002 10:50 AM
To: Taylor, Bruce
Subject: Application No. A18/02
1626 McBrady Crescent
Pickering, Ontario
Applicant: Sandrea Barrett
I spoke with you earlier on this month with respect to this application. I am the direct neighbour at 1628 McBrady Crescent.
I wish to advise that I oppose this application in that this is a single family residential neighbourhood and I do not wish to
have the problems associated with tenants.
Thank you for your time.
Joanne Saagi
1628 McBrady Crescent
Pickering, Ontario
L1X 2B5
905-427-4761
NOTE: This e-mail message is intended only for the named recipient(s)
above and may contain information that is privileged, confidential
and/or exempt from disclosure under applicable law. if you have
received this message in error, or are not the named recipient(s),
please immediately notify the sender and delete this e-mail message.
NOTE: Ce courriel est destin8 exdusivement au(x) destinataire(s)
mentionn~(s) ci-dessus et peut contenir de I'information privildgi~e,
confidentielle et/ou dispensde de divulgation aux termes des lois
applicables. Si vous avez re(;u ce message par erreur, ou s'il ne
vous est pas destin~, veuiilez le mentionner imm~diatement ~ I'
exp~diteur et effacer ce courriel.
11/29/2002
The Regional
Municipality
of Durham
Planning
Department
1615 DUNDAS'ST. E.
4TH FLOOR, LANG TOWER
WEST BUILDING
P.O. BOX 623
WHITBy, ON L1N 6A$
(905) 728.7731'
-~,X: (905) 436-6612
ww. region.durham.on.ca
A.L. Georgieff, MCIP, RPP
Commissioner of Planning
November 7, 2002
ATTACHMENT#
qEF'ORT #, PD
Geoff Romanowski, Planning Technician
Planning & DeVelopment-Department
One the Esplanade
Pickering, Ontario
L1V 6K7
Dear Mrl Roman°wski:
Re:
Zoning Amendment Application A 18/02
Applicant: Sandrea Barrett.
Location: Part of Lot 19, Concession 2
Municipality: City of Pickering .-
3?
CFTY OF PICKERING
PLANNING AND
CEVELOPMENT DE ~ARTMEN'T
we have reviewed this application and the following comments are
offered with respect to compliance with the Durham Regional Official
Plan, the proposed method of servicing and delegated provincial plan
review responsibilities.
The purpose of.the application is to amend the existing zoning on the
subject lands to permit the establishment of a second dwelling unit. in the
main dwelling.
The subject property is designated "Living Area" in the Durham Regional
Official Plan. Lands within this designation are to be used predominantly
for housing purposes and shall be developed to incorporate the widest
possible variety of housing types, sizes and tenure to provide living
accommodations that address various socio-economic.factors. The
proposed amendment is in conformitywith'the Durham Regional Official
Plan.
Municipal water supply and sanitary sewer services are available to the
subject property.
This application has been Screened in accordance with the terms Of' the
provincial plan review responsibilities. No provincial interests appear to
be affected by.this proposal,
If you have any questions or require additional information, please call
me.
"SERVICE EXCELLENCE
for' our COM-ML6¥1TY'
100% Post Const~mer
38
Yours truly,
Ray Davies, Planner
Current Operations 'Branch
cc. Rob. Roy, Durham Region Works Department
R:\trainingVd~zoning~pickedng a18-O2.doc
Page 2
~f]ACHMEN7 #_~"7 ...... TO
Operations & Emergency Services
Fire Prevention
3¸9
Date: Tuesday, November 05, 2002
To: Geoff Romanowski From: Rex Heath
Planning Technician Fire Prevention Officer
File Type & I Zoning Amendment Application - A18/02
Number
Owner/Applicant Sandrea Barrett
Property Locatior 1626 McBradyCrescent;
West side of McBrady Crescent;
Part Lots 102 & 103, Plan 40M-1380
(Part 10, 40R-9291)
Proposal To change the existing zoning to permit the establishment of
a second unit in the main dwelling
Fire Departments 1) The addition of an existing unit is clearly identified by a
Requirements numbering/signage system that is easily recognizable from
the street in the event of emergencies. (A new street
numbering/signage by-law may have to be created for this
application ..or the existing street numbering by-law may be
able to be amended to accommodate such properties)
2) The property would have to meet the requirements of the
Ontario Building and or Ontario Fire Code.
3) The applicant would be requested to submit a set of
drawings to either the Building or Fire Departments for
review and comment.
4) The applicant would be subject to an inspection by the
Electrical Safety Authority to ensure that there are no
electrical deficiencies in the house.
Reviewed by: ~~~
RECOMMENDATION OF THE
PLANNING COMMITTEE
DATE
MOVED BY
SECONDED BY
That a resolution be passed to:
a) authorize a City-initiated Minor Variance Application on Block 7, Plan 40M-
1599, to permit the construction of a pair of semi-detached dwellings; and
b)
declare the land described as that part of Block 7, Plan 40M-1599, designated
as Part 1, Plan 40R-XXXX surplus to the needs of the Corporation for the
purpose of sale; and
c)
declare the lands described as those parts of Block 7, Plan 40M-1599,
designated as Parts 2 and 3, Plan 40R-XXXX and Blocks 8 and 9, Plan 40M-
1599 surplus to the needs of the Corporation and authorize their conveyance
as follows:
(i) Part 2, Plan 40R-XXXX and Block 8 to the adjacent owner of the lands to
the north for nominal consideration; and
(ii) Part 3, Plan 40R-XXXX and Block 9 to the adjacent owner of the lands to
the south for nominal consideration; and
d)
authorize that the adjacent landowners be given a first right of refusal to
pumhase that part of Block 7, Plan 40M-1599, designated as Part 1, Plan
40R-XXXX and in the event their right is not exercised or any submitted offer
refused, authorize the sale of the Part 1 lands via the Public Tender process
or on the open market in accordance with the City's procedures to regulate
the sale of municipal real property as set out in By-law 5627/00; and
e) authorize the Mayor and Clerk to execute all documentation necessary to
effect the conveyances and any required easements.
REPORT TO
PLANNING COMMITTEE
Report Number: PD 09-03
Date: January 28, 2003
From:
Neil Carroll
Director, Planning & Development
Subject:
Disposal of Lands
Blocks 7, 8 and 9, Plan 40M-1599, Pickering
(Glen Eden Court)
Our file: RE0203
Recommendation:
A Resolution should be passed to:
(a)
authorize a City-initiated Minor Variance Application on Block 7, Plan 40M-1599,
to permit the construction of a pair of semi-detached dwellings;
(b)
declare the land described as that pad of Block 7, Plan 40M-1599, designated
as Pad 1, Plan 40R-XXXX surplus to the needs of the Corporation for the
purpose of sale;
(c)
declare the lands described as those pads of Block 7, Plan 40M-1599,
designated as Pads 2 and 3, Plan 40R-XXXX and Blocks 8 and 9, Plan
40M-1599 surplus to the needs of the Corporation and authorize their
conveyance as follows:
(i)
Pad 2, Plan 40R-XXXX and Block 8 to the adjacent owner of the lands to
the north for nominal consideration; and
(ii)
Pad 3, Plan 40R-XXXX and Block 9 to the adjacent owner of the lands to
the south for nominal consideration;
(d)
authorize that the adjacent landowners be given a first right of refusal to
purchase that pad of Block 7, Plan 40M-1599, designated as Pad 1, Plan
40R-XXXX and in the event their right is not exercised or any submitted offer
refused, authorize the sale of the Pad 1 lands via the Public Tender process or
on the open market in accordance with the City's procedures to regulate the
sale of municipal real property as set out in By-law 5627/00; and
42
Report to Planning Committee PD 09-03
Subject: Disposal of Lands (Glen Eden Court)
Date: January 28, 2003
Page 2
(e)
authorize the Mayor and Clerk to execute all documentation necessary to effect
the conveyances and any required easements.
Executive Summary: In 2001, the City undertook a process to review all
municipally-owned properties to determine which properties were no longer required
for municipal purposes.
It has been determined that the subject property known legally as Blocks 7, 8 and 9,
Plan 40M-1599 is no longer required by the City and may be disposed of.
Financial Implications: The minimum net proceeds to the City from the sale of this
property will be determined following the submission of offers.
Advertising, appraisal, survey costs and legal fees/disbursements are approximately
$3,000.00.
Background: The subject property was conveyed to the City for future road
purposes as a condition of draft plan approval 18T-86037 (now Plan 40M-1599) in
1989.
The original draft plan of subdivision for Glen Eden Court was designed to
accommodate a future road connection to the properties that front onto Kingston Road
east of Glen Eden Court. It has since been determined that the road connection is no
longer needed (as access to those properties may be obtained directly from
Kingston Road) and the subject property known legally as Blocks 7, 8 and 9, Plan
40M-1599 may be disposed of.
The property currently has a lot frontage of 20.0 metres and an "SD-SA" zoning as in
By-Law 3036, as amended by By-Law 2896/88. The current zoning and frontage
permits the construction of a pair of semi-detached units, however By-law 2896/88
stipulates that no more than 34 dwelling units shall be permitted on the street.
Accordingly, in order to permit any development on the land proposed for sale, a City-
initiated minor variance to amend the maximum dwelling unit provision necessary to
allow for a development of 36 units on the street.
The sale of the subject property will be subject to the following conditions:
Block 7:
(a) that a pair of semi-detached dwelling units be constructed on the property; and
Report to Planning Committee PD 09-03
Subject: Disposal of Lands (Glen Eden Court)
Date: January 28, 2003
Page 3
43
(b)
that a 2.5 metre strip of land be severed from the northerly and southerly limits
of Block 7 (Parts 2 and 3) and conveyed to the adjacent owners. As the
adjoining lots were anticipated to be flankage lots, the additional side yard will
mitigate the impact of the new dwellings on the existing landowners.
Blocks 8 and 9
Blocks 8 and 9 were conveyed to the City as corner roundings which are no longer
required. Block 8 will be conveyed by the City to the northerly owner and Block 9 will
be conveyed by the City to the easterly owner, for nominal consideration.
Further, prior to obtaining a building permit for the subject lands, the purchaser would
be required to:
(i) install full municipal services;
(ii) provide for utility and drainage easements if necessary;
(iii) provide an architectural design statement to ensure compatibility with the
existing streetscape;
(iv) pay appropriate development charges and other fees as required; and
(v)
replace a portion of the fence along the rear property line (1.8 metre wood
privacy) on top of the retaining wall, both to comply with the Subdivision
Agreement and for safety.
Meetings have been held with the Glen Eden Court residents and notwithstanding
general concerns respecting on-street parking and the removal of what is currently
being used as an open space playground, there was no specific objection to staff's
recommendations for the development of this Block. The meeting was attended by
Ward 2 Regional and City Councillors.
A request has been made of staff by the two owners whose properties lie directly
adjacent to the subject property that they be given a first right of refusal to purchase
the property. The Solicitor for the City is in support of this request and staff will provide
an opportunity to these individuals upon the conclusion of the minor variance process.
In the event they choose not to exercise their right or, in the event offers submitted by
them are refused, staff will continue with the sale process via the City's Public Tender
process, and if not successful by that method, on the open market.
Once the Resolution has been passed to declare the lands surplus to the City, the
appropriate notice will be published and the provisions of the Municipal Act and Sale of
Surplus Land Policy compiled with.
Report to Planning Committee PD 09-03
Subject: Disposal of Lands (Glen Eden Court)
Date: January 28, 2003
Page 4
It is therefore being recommended that a Resolution be passed to:
(a)
authorize a City-initiated Minor Variance Application on Block 7, Plan 40M-1599,
to permit the construction of a pair of semi-detached dwellings;
(b)
declare the land described as that part of Block 7, Plan 40M-1599, designated
as Part 1, Plan 40R-XXXX surplus to the needs of the Corporation for the
purpose of sale;
(c)
declare the lands described as those parts of Block 7, Plan 40M-1599,
designated as Parts 2 and 3, Plan 40R-XXXX and Blocks 8 and 9, Plan
40M-1599 surplus to the needs of the Corporation and authorize their
conveyance as follows:
(i)
Part 2, Plan 40R-XXXX and Block 8 to the adjacent owner of the lands to
the north for nominal consideration; and
(ii)
Part 3, Plan 40R-XXXX and Block 9 to the adjacent owner of the lands to
the south for nominal consideration;
(d)
authorize that the adjacent landowners be given a first right of refusal to
purchase that part of Block 7, Plan 40M-1599, designated as Part 1, Plan
40R-XXXX and in the event their right is not exercised or any submitted offer
refused, authorize the sale of the Part 1 lands via the Public Tender process or
on the open market in accordance with the City's procedures to regulate the
sale of municipal real property as set out in By-law 5627/00; and
(e)
authorize the Mayor and Clerk to execute all documentation necessary to effect
the conveyances and any required easements.
Report to Planning Committee PD 09-03
Subject: Disposal of Lands (Glen Eden Court)
Date: January 28, 2003
Page 5
45
Attachments:
1. Location Mapping/Site Sketch.
Prepared By:
Coordinator, Property & Development
Services
Approved / Endorsed By:
N~'il Card, ii;iMcO, RPP
Director,'Pqen'ning & Development
DB:bg
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
TI;rO"~'~a~ ~J. Quid/n, Chief Administr~'a'"t~e Offi~r I
~TIACH~ENI #. I ,TO
KEY MAP
EXISTING
Z
Ld
Ld
Z
RECOMMEN[
rICity
of Pickering Planning & Development Department
DISPOSAL OF LANDS *~
BLOCKS 7,8 & 9, PLAN 40M-1599(GLEN EDEN COURT)
IDATE JAN 28, 2003