Loading...
HomeMy WebLinkAboutPD 18-05PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 18-05 Date: May 6, 2005 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 06/01 Glenda Winterstein 5015 Brock Road (South Part of Lot 18, Concession 9) City of Pickering Recommendation: That Zoning By-law Amendment Application A 06/04 be APPROVED to permit the establishment of four dwelling units (apartment units) in addition to the currently permitted commercial uses, submitted by Glenda Winterstein, on the lands being the South Part of Lot 18, Concession 9, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 06/01, as set out in Appendix I to Report PD 18-05, be FORWARDED to City Council for enactment. Executive Summary: The applicant requests to amend the existing 'C2' - General Commercial Zone to legalize the use of five dwelling units in the existing building that also contains an existing commercial use. The subject property only has the capacity to service four dwelling units and the commercial use in terms of on-site sewage system. Therefore, the recommendation is for approval of four dwelling units and the commercial use in the existing building. This proposal represents appropriate development that complies with the Official Plan and 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 18-05 Subject: Glenda Winterstein (A 06/01) Date: May 6, 2005 Page 2 Background: 1.0 Application The subject property is located on the east side of Brock Road, north of Central Street in the Hamlet of Claremont. The subject property currently supports a combination of a one-storey and two-storey building, which contains a commercial use (hair salon), five apartment units, and a detached garage located in the rear yard (see Location Map and Applicant's Submitted Plans, Attachments #1 and #2). 2.0 Comments Received 2.1 At the May 16, 2002 Public Information Meeting No public spoke at the Public Information Meeting nor has the City received any written comments on the application. (see Text of Information Report and Meeting Minutes, Attachments #3 and #4). 2.2 City Department and Agency Comments The Durham District School Board Veridian Connections Region of Durham Planning Department Region of Durham Health Department no objections no objections The proposal is permitted by the policies of the Durham Region Official Plan. The applications have been screened in accordance with Provincial Interests and Delegated Review and there is no concern with the applications but a noise study is required (see Attachment #5). The revised engineering report for the private sewage disposal system which is based on four residential units and a commercial unit is acceptable (see Attachment #6). 3.0 Discussion 3.1 The proposed development is compatible with surrounding uses The subject property is surrounded by a mixture of commercial and residential land uses. The property has existed as a mixed use multi-residential building for a number of years without adversely impacting on surrounding land uses. The subject property is designated Rural Settlement-Hamlet Commercial in the City's Official Plan which permits residential uses and encourages the establishment of a wider variety of housing. Report PD 18-05 Subject: Glenda Winterstein (A 06/01) Date: May 6,2005 Page 3 3.2 3.3 3.4 Sewage System is sufficient to support four apartment units Since the Public Information Meeting in 2002, the applicant has been working with Region of Durham Health Department and the City of Pickering to resolve the issue of an appropriate sewage system design. The applicant has submitted a report titled "Sewage System Design Winterstein Residence," by Jagger Hims Limited, dated February 2005, that indicates a sewage system design to accommodate the commercial use and four apartments can be implemented. The Region of Durham Health Department has advised that the proposed sewage system design can be implemented for the property containing the commercial use and four apartments. Noise impact is not a concern Noise from Durham Road No. 5 (Central Street) and Old Brock Road The Region of Durham Planning Department initially indicated a need for a noise study for this application. City staff have discussed the need for a noise study with Regional staff and have noted that a similar requirement was requested for a similar application for the property immediately to the north of the subject property. The noise study for the abutting property indicated that the noise from Durham Road No. 5 and Old Brock Road is acoustically insignificant and therefore no noise control measures were recommended. A noise study for the subject property is anticipated to conclude the same results, therefore, a noise study for the subject property is not considered necessary. 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. A total of six parking spaces can be provided on site The subject property currently supports six parking spaces on-site. Standard City by-law provisions would require parking at a ratio of 1.25 parking spaces per bachelor or one bedroom dwelling unit and 1.75 parking spaces per dwelling unit with more than one bedroom, plus the required parking for the commercial unit. Under these provisions, four apartments, (one two-bedroom and three one-bedroom), would require a total of 5.5 spaces and the commercial unit would require a total of 1.5 spaces, for a total of seven parking spaces. However, the subject property has supported this intensity of use for a number of years with six parking spaces on-site without reported concern. Consequently, it is considered acceptable to only require six parking spaces for the existing building that will contain the four dwelling units and the commercial unit that has limited floor space. Report PD 18-05 Subject: Glenda Winterstein (A 06/01) Date: May 6,2005 Page 4 3.5 3.6 3.7 4.0 One parking space should be designated for parking for physically handicapped persons, as per the requirements under Municipal Parking By-law 2359/87. The handicapped parking space should be designed to have proper signage, location, and accessibility. The number of dwelling units and size of commercial use to be limited to due to site constraints The uses on the subject property are constrained by both the availability of space for the private sewage system design and the availability of on-site parking. With the existing building located on the south side of the property the north side of the property is available for the private sewage system design and on-site parking. Both of these facilities are constrained with no ability to expand. Therefore, the amending zoning by-law should contain appropriate provisions that only allow uses that can be supported by these facilities. This includes limitinq the number of dwellinq units to four apartments and restrictinq the commercial floor space in the buildinq to 36 square metres. A site plan agreement is not required The subject property has existed in its current configuration a number of years. Given that no external changes to the structure are being proposed, and that no additional parking spaces are recommended for the approval of this application, a site plan agreement is not necessary. Draft By-law to be forwarded to Council The attached draft 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, limit the commercial floor space and a requirement for off-street parking. It is recommended that the attached draft by-law be forwarded to Council for enactment. Applicant's Comments The applicant has been advised of the recommendations of this report and is aware that compliance will require removal of one unit. Report PD 18-05 Subject: Glenda Winterstein (A 06/01) Date: May 6, 2005 Page 5 Appendix: Appendix I' Draft Implementing By-law Attachments: 2. 3. 4. 5. 6. Location Map Applicant's Submitted Plans Text of Information Report Minutes from Statutory Public Meeting Agency Comments - Region of Durham Planning Department Agency Comments - Region of Durham Health Department Prepared By: Ross Pym, MCIP, Principal Planner- Development Review Approved / Endorsed By: N eil~Ca r-~l,l,~4~ ~ '~ Director, Planning & Development Lynda Tay'l'or~, MCIP, RPP~ ......... "~ Manager, Development Review RP:Id Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ,, Thoma"~/jJ; Quint, Chie~A~ministr~fficc4r APPENDIX I TO REPORT PD 18-05 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 06/0'1 THE CORPORATION OF TI-tiE (~I~"Y~OF PICKERING Being a By-law to amend ted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Picketing, Region of Durham on the South Part of Lot 18, Concession 9, in the City of Pickering. (A 06/01 ) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit a commercial use with four dwelling units on the subject lands, being South Part of Lot 18, Concession 9; 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 9.3.3: 9.3.4 South Part of Lot 18, Concession 9 (5015 Brock Road) In addition to the uses permitted in Subsection 9.1, for the lands known as Part of Lot 2, Plan 12, in the City of Pickering a maximum of four (4) dwelling units are permitted within a single building along with any other permitted use, 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 6 parking spaces shall be provided for the existing building that contains 4 apartment dwelling units and one commercial unit. (ii) Clauses 5.19.2 b), d) and k) of By-law 3037, as amended, shall not apply to this property. (b) Floor Space (i) The maximum commercial floor space in a building that contains residential dwelling units is 36 square metres. 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 day of ,2005. David Ryan, Mayor Bruce Taylor, ATTACHMENT# J .... TO REPOR~ # PD 18-~)5 CitY of Pickering PI. arming & Development Department PROPERTY DESCRIPTION PART OF LOT 18, CONCESSION 0; PART OF LOT 2, PI.~N 12 OWNER G, WINTERSTEIN DATE JAN 14, 2001 DRAWN BY RC APPLICATION No. A 06/01 SCALE 1:7500 CHECKED BY TB FOR DEPARTMENT USE ONLY PN-$10 PA- ¢~TTACHMENT ~ 2- TO REPORT ~' PD 19-05 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 06101 G. WINTERSTEIN 131 .Om KI EXISTING 1 STOREY FRAME STRUCTURE LOT 2 EXISTING 2 STOREY FRAME STRUCTURE EXISTING GARAGE (HEAVY TIMBER CONSTRUCTION) 132.4m LOT 1 THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, iNFORMATION & SUPPORT SERVICES, APRIL 16, 2002. ATTACHMENT# ...... --~ TO REPOR'I' # PD INFORMATION REPORT NO. 13-02 FOR PUBLIC INFORMATION MEETING OF May 16, 2002 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 6/01 Glenda Winterstein South Part of Lot 18, Concession 9 Part of Lot 2, Plan 12 (5015 Brock Road) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is located on the east side of Brock Road, north of Central S~reet (see location map -Attachment #1); the subject property currently supports a combination of a one storey and two storey building, which contains a hair salon and five apartment units, and a detached garage in the rear yard; - the subject property is surrounded by a mixture of commercial and residential land uses. 2.0 APPLICANT'S PROPOSAL the applicant proposes to amend the existing zoning on the subject lands to permit the establishment of five residential apartment units in addition to the existing commercial uses. (see Applicant's Submitted Plan - Attachment #2) 3.0 3.1 OFFICIAL PLAN AND ZONING Durham Regional Official Plan the Durham Regional Official Plan identifies the subject lands as being within a 'Hamlet' designation, which permits a variety of housing types and commercial uses; the applicant's proposal appears to comply with this designation. 3.2 Pickering Official Plan the Pickering Official Plan identifies the subject property as being designated "Hamlet Commemial - Rural Hamlet" within the Claremont and Area Settlement; the Claremont and Area Settlement is designated as being within the Oak Ridges Moraine as per Schedule III of the Official Plan, which requires development to be in accordance with Oak Ridges Moraine guidelines; the 'Hamlet Commercial' designation permits the establishment of commercial, residential, community, and recreational 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; Information Report No. 13-02 Page 2 - the Plan also encourages 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; - the applicant's proposal appears to conform to the applicable Official Plan policies. 3.3 Zoning By-law the subject property is currently zoned "C2" - General Commercial Zone by By-law 3037, which permits the establishment ofcommemial uses; an amendment to the zoning by-law is required to permit the establishment of five residential apartments within the existing building. 4.0 4.1 RESULTS OF CIRCULATION Resident Comments no 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 with the surrounding lands and uses; · the impacts of the five apartment units on the existing private sewage system; · acceptability of the existing well to service additional uses; · examination of the existing on-site parking to determine its suitability in serving five apartment units. · examination of the existing building and any zoning non-compliances, such as building setbacks, that may require technical amendments to the zoning by-law; · determination of the implications of any applicable policies of the Oak Ridges Moraine Conservation Plan. (The Oak Ridges Moraine guidelines are supemeded by the Oak Ridges Moraine Conservation Plan, Regulation 140/02, passed by the Ministry of Municipal Affairs and Housing on April 22, 2002). 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 Recommendation 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. Information Report No. 13-02 6.0 OTHER INFORMATION 6.1 Appendix 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; ORIGINAL SIGNh _ BY ORIGINAL Tyler Barnett Planner II CXP/td Attachments Copy: Director, Planning & Development Lynda D. Taylor MCIP RPP Manager, Development Review ATTACHMENT REPORT # PD 1'0 APPENDIX I TO INFORMATION REPORT NO. 13-02 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date; COMMENTING AGENCIES (1) none received to date; COMMENTING CITY DEPARTMENTS (1) Planning & Development Department; /~r3ACHMENT # Z/~ TO R[POR1 ~ PD__/¢ -o~ Excerpts from Statutory Public Information Meeting Minutes Pursuant to the Planning Act Thursday, May 16, 2002 7:00 P.M. The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (III) ZONING BY-LAW AMENDMENT APPLICATION A 06/01 GLENDA WINTERSTEIN SOUTH PART OF LOT 18, CONCESSION 9 PART OF LOT 2, PLAN 12 (5015 BROCK ROAD) Lynda Taylor, Manager, Development Review, on behalf of Tyler Barnett, Planner II, provided an explanation of the application, as outlined in Information Report #13-02. Danny Pettit, Box 5137, Claremont, speaking on behalf of the applicant, stated that they have solutions to some of the issues. ,(IV) ADJOURNMENT The meeting adjourned at 8:09 p.m. The Regional Municipality of Durham Planning Departmeni 1615 DUNDAS'ST. E. 4TH FLOOR, LANG TOWER WEST BUILDING P,O. BOX 623 WHITBY ON L1N 6A3 (905) 728-77.31 FAX[ (905) 436-6612 *ww. region,durham .on .ca A.L. Georgieff, MCIP, RPP Commissioner of Plaqning SERVICE EXCELLENCE fbr our COMMUNITY" ~ATTACHMENT # '~' TO ~EPORT# PD /~ June 3,2002 Tyler Barnett, Planner II Planning & Development Department One the Esplanade Picketing, Ontario L1V 6K7 RECEIVED JUN - 6 2007_ CITY OF PICKERING PLANNING AND OEVELOPMENT DEPARTMENT Dear Mr. Barnett:. Re: ' Zoning Amendment Application A 6/01 Applicant: Glenda Winterstein Location: South Part of. Lot 18, CO.ncession 9 Municipality: City of Pickering We have reviewed this application and ,the following comments are offered with respect to compliance with the Oak Ridges Moraine ConServation Plan, the Durham Regional Official Plan, proposed method of servicing and delegated provincial plan review responsibilities. The purpose of the application is to amend the existing commercia .zoning of the subject property to permitthe establishment of five residential apartment units in addition to the existing commercial uses. The subject property is designated."Rural Settlement - Countryside Area" in the Oak Ridges Moraine Conservation Plan. Res dent a development and small- scale commercial uses are permitted within this designation. The subject property is designated "Hamlet" in the Durham Regional Official Plan. Hamlets are to be developed in harmony with surrOunding uses and may consist of a variety of housing types, employment areas, and commercial uses 'that .meet the immediate needs of the residents of the hamlets and the surrOunding rural area. The Durham Region Health Department has reviewed the subject application · and offers th e following comments: · it appears that the existing sewage disPosal system is malfunctioning and undersized for the current use; the Durham Region Health Department does not have.a record of. issuing a permit to install a private sewage disposal system or a building addition .application to convert the original structure into a multi- residential/commerCial use unit; the Durham Region Health Department has received an application to install a Class V private sewage disposal .SyStem (holding tank) for the Subject Property due to the malfunction; 100% Post Consumer Page. 2 there is insufficient area present on the subject lot to upgrade the existing Class IV sewage disposal system or install a replacement system to meet the Ontario. Building Code for the current use. If the owner were to apply to change the use to commercial/reSidential based on the existing sewage disposal' system, the Durham Region Health Department would not be in a position to grant approval.as the system is underSized as per the Ontario. Building Code. The existing sewage disposal system is malfunctioning and the only option available' to .the owner .(based on the current use) is to install a Class V sewage disposal system (holding tank). Part ViII of the Ontario Building Code allows Class V sewage.systems to be installed Only under the following situations: "8.8.1.2(1.). A Class V sewage system may be installed in the following circumstances, a) where the proposed use of the sewage system is for the tempOrary operation, excluding seasonal recreation use, not exceeding 12 months in duration; b). to permit the extension of an existing single-family dwelling provided that i) the extension will .not increase'the wastewater load, and ii) the building is already served by a Class V sewage system; c) to.remedy an unsafe sewage system where the remediation of the unsafe condition by.the installation of a Class V sewage system is impracticable; d) to upgrade a sewage syStem serving an existing building, where upgrading through the use of a Class IV sewage sys. tem is not possible due to lot size, site slope.or clearance limitations; or e) as an.interim measure.for a lot or parcel of land until municipa! sewers are available, provided that the municipality undertakes to ensure the continued operation of an approved hauled sewage system until the municipal sewer are available. If the unit were converted to a "single unit", where, the total daily sewage flow is dramatically reduced, there may be sufficient area present to install a · replacement Class IV sewage disposal system. A detailed Site investigatior by a qualified individual/firm would be able to determine this. This application has been screened in accordance with the terms of the provincial plan review responsibilities. The subject site is in proximity to Regional Road 5, which is designated a Type-B .arterial road. A noise study will be required. This study is needed to ensure that the' proposed sensitive land Page 3 use is buffered to avoid or satisfactorily mitigate the adverse effects Of noise. No further provincial interests appear to be affected. If you have any questions or require additional information, please call mb. Yours trUly, Ray Davies, Planner Current Operations BranCh cc. Tom Saychuk? Durham Region Works Department Karl Kiproff, Durham Region Health Department R:\training\rd~oning\pickering a6-01 .doc March 31, 2005 ATTACHIViENT The Regional Municipality of Durham Health Department HEAD OFFICE SUITE 210 1615 DUNDAS ST. E. WHITBY ON LIN 2L1 CANADA 905-723-8521 Tor: 905-686-2740 1-800-841-2729 ax: 905-723-6026 www. region.durham.on.ca An Accredited City of Picketing Planning and Development Department Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 Attention: Mr. Ross Pym, MCIP, RPD Principal Planner - Development Review Dear Sir, Reference: Zoning Public Health' Agency Please be advised that this Department has received and reviewed the engineering report by Jagger Hims Ltd. (File 031612.00) to replace the existing malfunctioning private sewage disposal system that services the above noted and offers the following for your consideration: (i) (ii) (iii) (iv) Due to the existing situation inVolving four residential units and a commercial unit, there is insufficient area present on the lot .to install a replacement sewage disposal system that offers primary treatment (ie. Septic tank and leaching bed). The consulting engineer has proposed to utilize an "alternate type system" that offers tertiary treatment. Since this type of system requires less area. there is sufficient land available on the lot to install this replacement system. This Department concurs with the engineering report and the replacement Class IV sewage disposal systemproposed adheres to Part VIII (Sewage Systems) of the Ontario Building Code. If the City of Pickering allows the structure to remain in its present state, the owner must install the proposed alternate type system or a Class V System (holding tank). "Service Excellence for our Communities" 100% Post Consumer ,~ rTACHMENT Page Two City of Pickering March 31, 2005 Once the owner submits an application along with the appropriate fee, it will be processed and a building permit to install a private sewage disposal system .issued. Feel fre/e4~-'~ontact the undersigned if more information r~l r~pr~Sm(.~, BA~, C~ Public Health ~spector is required. rm/cm