HomeMy WebLinkAboutPD 08-05PICKERING
REPORT TO
EXECUTIVE COMMITTEE
Report Number: PD 08-05
Date: January 18, 2005
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 6/04
Karsten Smith In Trust
5019- 5023 Brock Road
Part of Lot 2, Plan 12
City of Pickering
Recommendation:
That Zoning By-law Amendment Application A 6/04 be APPROVED to permit the
establishment of four dwelling units (apartment units) in addition to the currently
permitted commercial uses, submitted by K. Smith, on lands being Part of Lot 2,
Plan 12, City of Pickering.
That the amending zoning by-law to implement Zoning By-law Amendment
Application A 6/04, as set out in Appendix I to Report PD 08-05, be
FORWARDED to City Council for enactment.
Executive Summary: The subject property is located on the east side of
Brock Road, north of Central Street in the Hamlet of Claremont. Currently, this property
supports two offices and four illegal dwelling units (four bachelor apartment units - see
Location Map and Applicant's Submitted Plans, Attachments #1 and #2). Due to its
contravention with the Ontario Fire Code, the owner has applied for a building permit in
order to bring the structure into compliance. However, zoning clearance for the building
permit cannot be granted unless the property is rezoned to permit the apartment use.
The applicant requests to amend the existing 'C2'- General Commercial Zone to
legalize the use of four dwelling units in addition to permitted commercial uses. The
proposal represents appropriate development that is compatible with the character of
the Hamlet.
It is recommended that this 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 08-05
Subject: Karsten Smith in Trust (A 6/04)
Date:
January 18,2005
Page 2
Background:
1.0 Comments Received
1.1
At the August 5, 2004 Information Meeting
(see text of Information Report and Meeting Minutes, Attachments #3 and #4)
the applicant advised that he concurred fully with the staff comments;
no other resident was present at the meeting;
1.2
Following the Information Meeting
- no resident comments have been received;
1.3 City Department and Agency Comments
Fire Services
- in support of this application;
Veridian Connections
- no objection;
2.0
Regional Municipality of Durham
Discussion
letter dated July 20, 2004, stated
no objections but a Noise Study is
required;
letter dated December 16, 2004,
stated no concerns after reviewing
the Noise Impact Study (see
Attachment #5).
2.1
2.2
The proposed development is compatible with surrounding uses
The subject property is surrounded by a mixture of commercial and residential
land uses. The City's Official Plan encourages the establishment of a wider
variety of housing forms to accommodate the needs of young people and senior
citizens in the Claremont and Area Settlement. The subject property is
designated Hamlet Commercial which permits residential uses.
Well and sewage system is sufficient to support the apartment units
The applicant submitted a letter and Well Record indicating that the capacity of
the current well system exceeds what is required. Further, a Report titled
"Existing Sewage System Assessment," by Jagger Hims Limited, indicates that
the capacity of the exiting sewage system is sufficient to handle the existing two
offices plus four bachelor apartments. The Region of Durham Health Department
expressed no concern regarding the well or the sewage system.
Report PD 08-05
Subject: Karsten Smith in Trust (A 6/04)
Date:
January 18,2005
Page 3
2.3
Noise impact is not a concern
Noise from Durham Road No. 5 (Central Street) and Old Brock Road
2.4
2.5
2.6
A Noise Impact Study compiled by Sernas Associates indicates that the noise
from Durham Road No. 5 and Old Brock Road is acoustically insignificant and
therefore no noise control measures were recommended. The Region of
Durham reviewed the Study and has no concern regarding the noise impact.
Noise from the possible future airport
The location of the subject property is beyond the existing and proposed Noise
Exposure Forecast 25 Isoline (noise contour) published by Transport Canada, which
means that it is outside of the area anticipated to be affected by aircraft noise.
Therefore, the potential noise impact of a possible future airport would not
appear to have any negative implication on this application.
The number of parking spaces provided on site is adequate
The subject property currently supports ten parking spaces on site. It is expected
that the parking demand generated from the commercial activities will occur
mainly during business hours, while the parking demand generated from the
residents and their visitors will occur mostly during after-business hours. It is
recommended to include a parking provision in the amending by-law requiring
1.25 parking spaces per bachelor or one bedroom dwelling unit and 1.75 parking
spaces per dwelling unit with more than one bedroom. Applying the above
parking standards, the number of parking spaces existing on the site appears
sufficient. However, one parking space should be designated for handicapped
parking as per the requirements under Municipal Parking By-law 2359/87. The
handicapped parking space should be designed to have proper signage, location,
accessibility, etc.
The number of dwelling units to be limited to ensure compatibility
The City's Official Plan encourages retail, shopping, office and other business
uses to locate in the hamlet commercial area surrounding Central Street and
Brock Road. As an attempt to preserve the commercial floor space in the
building and to control residential density, a by-law provision to limit the number
of dwelling units on the subject property to a maximum of four is recommended.
A revision to the site plan is not necessary
The subject property is currently subject to an approved site plan (S 32/87) with a
site plan agreement registered on title. Given that no external changes to the
structure are being proposed, and that no additional parking spaces are required
for the approval of this application, a revision to the originally approved site plan
is not necessary.
Report PD 08-05
Subject: Karsten Smith in Trust (A 6/04)
Date: January 18, 2005
Page 4
2.7
3.0
By-law to be forwarded to Council
The attached by-law, included as Appendix I to this report, implements staff's
recommendation to approve the proposed residential use (four dwelling units) in
addition to the permitted commercial uses, subject to a limit on the number of
dwelling units and a requirement for off-street parking. It is recommended that
the attached by-law be forwarded to Council for enactment.
Applicant's Comments
The applicant concurs with the recommendations of this report.
Appendix:
Appendix I: Draft Implementing By-law
Attachments:
2.
3.
4.
5.
Location Map
Applicant's Submitted Plans
Text of Information Report
Minutes from Statutory Public Meeting
Comments received from the Region of Durham after the Public Meeting
Prepared By:
Joyce Yeh ~__.,]~ ~//~/
Planner I
Approved / Endorsed By:
Director, Planning & Development
Lynda Ta,yror, MCIP/f~PP
Manager, Development Review
JY:jf
Attachments
Copy: Chief Administrative Officer
Recommended_.J_~ of
Pickerin~~ sid ration
homa Administrative Officer
APPENDIX I TO
REPORT PD 08-05
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 6~04
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
DR FT
Being a By-law to amend Restricted Area (Zoning) By-law 3037, as
amended, to implement the Official Plan of the City of Pickering, Region of
Durham in Part of Lot 2, Plan 12, in the City of Pickering. (A 6/04)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit the development of four dwelling units on the subject lands, being Part of Lot 2,
Plan 12;
AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
TEXT AMENDMENT
Section 9 - General Commercial Zone - C2 is hereby amended by adding the
following subsection after subsection 9.3.2:
9.3.3 Part of Lot 2, Plan 12 (5019 - 5023 Brock Road)
Notwithstanding subsection 9.1 or any other provision of this By-taw, a maximum
of four (4) dwelling units are permitted within a single building on lands known as
Part of Lot 2, Plan 12, in the City of Pickering, subject to the following provisions:
(1) Where the building on Part of Lot 2, Plan 12, contains any dwelling
units, the following provisions shall apply:
(a) Parking requirements:
(i) A minimum of 1.25 parking spaces shall be provided for
each of the dwelling units which contains one or less than
one bedroom.
(ii) A minimum of 1.75 parking spaces shall be provided for
each of the dwelling units which contains more than one
bedroom.
BY-LAW 3037
By-law 3037 is hereby further amended only to the extent necessary to give
effect to the provisions of this By-law as set out in Section 1 above. Definitions
and subject matters not specifically dealt with in this By-law shall be governed by
the relevant provisions of By-law 3037, 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
,2005.
David Ryan, Mayo~¢1
day of
Bruce Taylor, Clerk
ATTACHMENT ~ [ TO
REPORT#PD D~**C~_~
HENRY ST. [~ ...z ---------([ u~ z
C E NTRAL STREET CENTRAL STREET
f I ,----P~OPERT ' __L J_ ~
WEI~LIN GTO N S [REEr ,
1
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____.._--J ~~ LANE
City of Pickering Planning & Development Department
PROPERTY DESCRIPTION PART LOT 2, PLAN 12
OWNER K, SMITH DATE JUNE 17, 2004 DRAWN BY JB
FILE No. A 06/04 SCALE 1:5000 CHECKED BY JY
FOR DEPARTMENT USE ONLY PN-CLAREMONT PA-
ATTACHMENT # .~ ,TO
INFORMATION COMPILED FROM APPLICANT'S
SUBMITTED PLAN
A 06~04 - K. SMITH
r~
O
r~
v
O
O
1
E
Landscaping
40.25m
,
I
I
,~ Cencrela Sidewalk
Parking
Landscaping
-1
Property Line
THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT'DEPARTMENT. PLANNING INFORMATION SERVICES
DIVISION MAPPtNG AND DESIGN. JUNE 17, 2004.
~TTACHMENT #.. ,~ TO
REPORT # PD., ~ ~' , 0 .~
INFORMATION COMPILED FROM APPLICANT'S
SUBMITTED
FLOOR PLANS
A 06/04 - K. SMITH
50'18 Old Brock Road, Claremont, Ont.
50t9 Old Brock R~d, C~aremont. Ont.
THiS MAP WA3 PRODUCED BY THE C ;T~" OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT PLANNING INFORMATION SERVICES
DIVISION MAPPIN~.~_~ AND DESIGN, JULY 22, 2004,
PICKERING
INFORMATION REPORT NO. 13-04
FOR PUBLIC INFORMATION MEETING OF
August 5, 2004
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 6/04
Karsten Smith In Trust
5019 - 5023 Brock Road
Part of Lot 2, Plan 12
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
- the subject property is located on the east side of Brock Road, north of
Central Street in the Hamlet of Claremont (see Attachment #1- Location Map);
the subject property is surrounded by a mixture of commercial and residential
land uses;
the building on the subject property currently supports a total of
four self-contained apartment units in addition to the two offices in the
basement.
2.0 APPLICANT'S PROPOSAL
the applicant proposes to amend the existing zoning on the subject property
to permit four residential apartment units in addition to the existing
commercial uses (see Attachment #2- Site Plan);
the applicant has submitted a building permit application (BP#04-061) for Fire
Code Retrofit purposes and the permit is on hold pending the result of this
rezoning application (see Attachment #3- Floor Plans).
Information Report No. 13-04
ATTACHMENT ~ ~ ,TO
REPOR'I' # PD ~i? ~ -, c~ 5 Page 2
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Reqional Official Plan
the Durham Regional Official Plan identifies the subject land as being within a
'Rural Settlement- Hamlet' designation, which permits a variety of housing
types and commercial uses;
- the applicant's proposal appears to comply with this designation;
3.2 Pickerinq Official Plan
- the subject property is designated 'Rural Settlements- Rural Hamlets- Hamlet
Commercial' within the Claremont and Area Settlement;
- the 'Hamlet Commercial' designation permits, among other uses, residential
uses;
the Claremont and Area Settlement policies encourage the establishment of a
wider variety of housing forms to accommodate the needs of young people
and senior citizens;
the applicant's proposal appears to conform to the applicable Official Plan
policies;
3.3 Zoning By-law 3037
- the subject property is currently zoned "C2" - General Commercial Zone by
By-law 3037, which allows the existing office uses;
- an amendment to the zoning by-law is required to permit the establishment of
four residential apartment units within the existing building;
3.4 Oak Ridqes Moraine Conservation Plan
- Oak Ridges Moraine Conservation Plan designates the subject property as
'Countryside Area- Rural Settlement.' Minor residential infill development and
small-scale commercial uses are permitted within Rural Settlements.
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
- no resident comments have been received to date;
4.2 Agency Comments
Veridian Connections - no objection;
Regional Municipality of Durham - no objection (see Attachment #4);
Information Report No. 13-04
Page 3
4.3
5.0
6,0
6.1
Staff Comments
the Fire Service Department supports the applicant's proposal to amend the
existing zoning. There are outstanding "Inspection Orders" against the
property because the building is presently in contravention of the Ontario Fire
Code.
in reviewing the application to date, planning staff has identified the following
matters for further review and considerations:
· compatibility with the surrounding lands and uses;
· acceptability of the existing well to service additional residential uses;
· examination of the existing building and any zoning non-compliances that
may require technical amendments to the zoning by-law;
· adequacy of parking provided on site (a minor revision to Site Plan
S32/87 may be required);
· assessment of the noise impact from Regional Road No. 5 (Central Street).
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;
- if a person or public body that files an appeal of a decision of the Regional
Municipality of Durham in respect of the proposed plan of subdivision does
not make oral submission at the public meeting, or make written submissions
to the Regional Municipality of Durham before the proposed plan of
subdivision is approved or refused, the Ontario Municipal Board may dismiss
the appeal.
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 Report No. 13-04 Page 4
ATIACHMENI #_ ~._~.~. i 0
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;
the City of Pickering has received the following technical information/reports
on the proposed applications:
Existing Sewage System Assessment, prepared by Jagger Hims
Limited, dated December 22, 2003;
Ontario Fire Code: Part 9.5 Retrofit- Life Safety Report for 5019 Old
Brock Road, Claremont, Ontario, prepared by RAI Architect Inc.,
dated November 5, 2003, revised dated December 5, 2003.
6.3 Company Principal
this Zoning By-law amendment application was submitted by Karsten Smith.
ORIGINAL S~GNED BY
ORIGINAL SIGNED BY
Joyce Yeh
Planner I
Lynda Taylor, MCIP, RPP
Manager, Development Review
JY:jf
Attachments
Copy: Director, Planning & Development
ATTACHMENT # -~ .TO
REPOR'f # PD ~ ~'~,
APPENDIX NO. I TO
INFORMATION REPORT NO. 13-04
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date;
COMMENTING AGENCIES
(1) Veridian Connections;
COMMENTING CITY DEPARTMENTS
(1) Fire Service Department.
~ Statuto~ Public Information Meeting
~~~~ Thursday, August 5, 2004
:oo
The Manager, Development Review, provided an overview of tile requirements of the
Planning Act and the Ontario Municipal Board respecting this meeting and matters
under consideration there at.
(v)
ZONING BY-LAW AMENDMENT APPLICATION A 6/04
KARSTEN SMITH IN TRUST
5019 - 5023 BROCK ROAD
(PART OF LOT 2~ PLAN 12)
Lynda Taylor, Manager, Development Review, on behalf of Joyce Yeh,
provided an overview of property location, applicant's proposal and City's
official plan policies pertaining to this site, as outlined in Information Report
#13/04.
Karsten Smith, applicant, advised that he concurs fully with staff
recommendations and will provide further required inforrnation.
-6-
December 16, 2004
ATTACHMENT
REPORT # PD
The Regional
Municipality
of Durham
Planning Department
1615 DUNDAS ST. E.
4TM FLOOR, LANG TOWER
WEST BUI LDING
PO BOX 623
WHITBY O~ L1N 6A3
CANADA
905-728-7731
Joyce Yeh, Planner I
Planning & Development Department
One the Esplanade
Pickering, Ontario
L1V 6K7
Dear Ms. Yeh'
Re:
Zoning Amendment Application A 6/04
Applicant: Karsten Smith In Trust
Location: Part Lot 18, Concession 9
5019-5023 Brock Road
Municipality: City of Pickering
CITY OF PIICKERING~
~L,~NNING & DEVELOPMENT
DEPARTMENT
Fax: 905-436-6612
E-mail: planning@
region.durham.on.ca
www. region.durham .on .ca
L. Georgieff, MCIP, RPP
Commissioner of Planning
"Service Excellence
for our Communities"
Our previous comments, dated July 20, 2004, indicated that a noise
study should be completed to ensure noise imPacts from Regional Road
No. 5 (Central Street) on the proposed residential units were adequately
addressed.
A Noise Impact Study prepared by Sernas AssOciates, dated December
3, 2004, concluded that due to the Iow traffic volume on Old Brock Road
adjacent to the site, thedistance separation from Regional Road No. 5
and shielding from adjacent developments, noise impacts from these
sources are considered acoustically insignificant. Noise control
measures were, therefore, not recommended for the proposed site.
Based on the analysis and conclusions of the Noise Impact Study, we
have no concerns with the subjeCt application.
If you have any questions or require additional information, please call
me.
Yours truly,
Ray Davies, MCIP, RPP
Planner
Plan Implementation
Current Operations Branch
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