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HomeMy WebLinkAboutPD 25-05 REPORT TO EXECUTIVE COMMITTEE Report Number: PD 25-05 Date: May 31,2005 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 03/05 Brent Jones & Bonnie Roberts 1051 Dunbarton Road South Part of Lot 25, Concession 1 (Village Lot 3) City of Pickering Recommendation: That Zoning By-law Amendment Application A 03/05 be APPROVED to add detached dwelling residential use as a permitted use on lands being South Part of Lot 25, Concession 1 (Village Lot 3), City of Pickering, submitted by B. Jones & B. Roberts. That the amending zoning by-law to implement Zoning By-law Amendment Application A 03/05, as set out in Appendix I to Report PD 25-05, be FORWARDED to City Council for enactment. Executive Summary: The subject property, which currently supports a detached dwelling, is located on the south side of Dunbarton Road, east of the CN Railway, north of Kingston Road, between Dunchurch Street and Dixie Road, in the area of the historic Village of Dunbarton (see Location Map, Attachment #1). The applicants have applied to amend the existing zoning on the subject property to allow a detached dwelling residential use in addition to currently permitted commercial and institutional uses. The applicants propose to construct a private garage/workroom in the rear yard, as an accessory structure to the existing detached dwelling (see Applicant's Submitted Plans, Attachment #2). The proposal represents appropriate development that is compatible with the surrounding land uses and conforms to the Pickering Official Plan. It is recommended that this application be approved and the draft by-law be forwarded to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Report PD 25-05 Subject: B. Jones & B. Roberts (A 03/05) Date: May 31,2005 Page 2 Background: 1.0 Comments Received 1.1 At the April 21, 2005 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 & #4) no comments received; 1.2 City Department and Agency Comments Fire Services Veridian Connections Regional Municipality of Durham no objections; no objections, but a service upgrade may be needed (see Attachment #5); no objections (see Attachment #6); 2.0 2.1 2.2 2.3 Discussion The proposed residential use is in conformity with the Official Plan and compatible with surrounding development The residential designation of these lands in the Pickering Official Plan (O.P.) allows residential uses, home occupations, limited offices, limited retailing of goods, community uses, and special purpose commercial uses serving the area. Zoning that allows flexibility for residential, commercial and institutional uses is considered appropriate for this area. The subject property is surrounded by similar detached residential development. The existing residential use on the property conforms to the residential designation. Certain currently permitted commercial uses will be removed from the zoning by-law due to incompatibility with the residential neighbourhood The current "C2" - General Commercial Zone allows a variety of commercial and institutional uses. Some of the uses, such as a retail store, a bake shop, a service store, and offices, are considered compatible within a Village setting when such development is of small-scale and designed carefully to fit into the area. However, some of the currently permitted uses, such as a parking station, an automobile service station, a taxicab stand or station, a place of amusement, and a hotel may impose nuisance or adverse effect on the adjacent lands within this area of the neighbourhood. It is recommended that these uses be removed from the by-law. The size of the proposed garage will be regulated through new zoning standards In order to ensure compatibility of the proposed accessory structure and to address the massing of structures on the property, specific zoning standards are recommended to be included in the draft by-law (see Appendix I, Draft By-law). Report PD 25~05 Subject: B. Jones & B. Roberts (A 03/05) Date: May 31,2005 Page 3 2.4 2.5 Maximum coverage A private garage, wherein no servicing for profit is conducted and no commercial vehicles are stored, is exempted from the accessory structure lot coverage provision of the zoning by-law. The applicants are aware that commercial automobile repair cannot take place on this property and that the proposed garage must be restricted to private use only. Further lot coverage restrictions are not considered necessary. A maximum lot coverage provision of 38 percent for all structures on the lot will apply. Height A maximum height of 4.5 metres is presently allowed for accessory structures in any commercial zone under By-law 3036. The applicants wish to build a one and a half storey garage with a Victorian style roof requiring a height of 5.6 metres. The proposed garage may be visible from Kingston Road, but no negative impact on the streetscape is anticipated due to the grading of the subject lands and the location of the proposed garage. It is recommended that the implementing zoning by-law incorporate the requested height. Construction of the accessory structure in the rear yard at this height will also assist to attenuate the noise, vibration, and light which impact Dunbarton Village from Kingston Road and the CN Railway. Setback Accessory structures of the proposed size and height are presently required to be set back at least 1.0 metres away from the lot lines. It is recommended that this standard remain applicable to the subject property. A more comprehensive zoning review of the historic Village of Dunbarton should be considered in the future The Dunbarton Neighbourhood policies encourage opportunities to rejuvenate the historic Village, including considering permitting small-scale commercial enterprises on suitable sites. One of the policies also requires Council to consider undertaking a Community Improvement Plan or Project for this area. There are approximately ten properties in the Village (including the subject lands) residentially designated but exclusively zoned for commercial and institutional uses. To better implement the O.P. residential designation and to help rejuvenate the Village, a more comprehensive zoning review would be beneficial for this area and will be considered in future work programs. The applicants' request may still be considered on a site-specific basis. The amending by-law to be forwarded to Council It is recommended that a new zoning "C2-2" be applied to the subject property, and the provisions be added into By-law 3036 under Section C2. A new set of standards will apply to the subject property. The attached draft by-law, included as Appendix I to this report, implements staff's recommendation to recognize the existing detached dwelling residential use and to allow the associated accessory structure in the rear yard. It is recommended that the attached draft by-law be forwarded to Council for enactment. Report PD 25-05 Subject: B. Jones & B. Roberts (A 03/05) Date: May 31,2005 Page 4 3.0 Applicant's Comments The applicant concurs with the recommendations contained in this report. APPENDIX: Appendix I: Draft By-law Attachments: 2. 3. 4. 5. 6. Location Map Applicant's Submitted Plans Text of Information Report No. 05-05 Minutes from Statutory Public Meeting Comments received from the Veridian Connections Comments received from the Region of Durham Prepared By: Planner L,/ v Approved / Endorsed By: Nell Carroll,~PP Director, Planning & Development Lynda T~tylor, MCIP, RP~ Manager, Development Review JY:ld Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City ~oungjI-..,, , APPENDIX I TO REPORT PD 25-05 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 03~05 THE CORPORATION OF THE CIT'~OF~ICKERING BY-LAW NO_ ~J'~r ~ Being a By-law to amend Restrained Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in South Part of Lot 25, Concession 1 (Village Lot 3), in the City of Pickering. (A 03/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to rezone the subject property, being South Part of Lot 25, Concession 1 (Village Lot 3), in order to permit the creation of a residential garage/workroom; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE"I" Schedule "1" attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. TEXT AMENDMENT Section 12 - General Commercial Zone - C2 is hereby amended by adding the following subsection after Subsection 12.4.4: 12.4.5 - South Part of Lot 25, Concession 1 (1051 Dunbarton Road) (a) Despite the uses permitted under Subsection 12.1 of this By-law, the following uses are permitted on the lands designated "C2-2" on Schedule I to this By-law: (i) bake shop (ii) business office (iii) clinic (iv) detached dwelling (v) dressmaker shop (vi) dry-cleaner distributing station (vii) fraternal organization (viii)laundromat (ix) museum (x) professional office (xi) religious institution (xii) restaurant- type A (xiii)retail store (xiv) sample orshowroom (xv) service store (xvi) tailor shop (b) Despite the area requirements under Subsection 12.2 of this By-law, no person shall whithin the lands designated "C2-2" on Schedule I to this By-law, erect, alter, or use any building or structure unless in accordance with the following provisions: (i) Lot Frontage (minimum): (ii) Lot Area (minimum): (iii) Front Yard Depth (minimum): (iv) Rear Yard Depth (minimum): (v) Side Yard Width (minimum): (vi) Lot Coverage (maximum): (vii) Building Height (maximum): 15 metres 460 square metres 4.5 metres 7.5 metres 1.2 metres 38% 12 metres -2- (viii) (ix) Despite (v) above, the following side yard width standards shall apply to the detached dwelling which exists on the date of the passing of this By-law: A West Side Yard Width (minimum): B East Side Yard Width (minimum): 1.8 metres 0 metres Despite the height provision of Clause 5.18(c) of By-law 3036, the maximum height of any accessory structure shall be 5.6 metres BY-LAW 3036 By-law 3036 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 and 2 above. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this ,2005. day of David Ryan, Mayor Debi A. PASSED THI ,~_ ~1~ ~" DAYOF ~' 2005 MAYOR CLERK A~ACI. IMENTI~ ' I ' TO I:EPOI:IT t PD "~ ~ ', I ~ ~ ~,. t~ '~-=~ City of Pickering Planning & Development Depa~ment PROPER~ DESCRIPTION SOUTH PART OF LOT 25, CON 1. I OWNER B. JONES & B. ROBERTS DATE MAR. 7, 2005 DRAWN BY JB FILE N0. A 03/05 SCALE 1:5000 CHECKED BY JY PARCEl- DATA ~ ~eronet inc, ond lis suppliers AH rirh[s Reserved. Moy not be reproduced wi~hou[ permiasio~. THIS IS NOT A P~N ATTACHMENT#- ~ ,1'0 REP~JR7 ~f PD ~5"~ INFORMATION COMPILED FROM APPLICANT'S SUBMITTED SITE PLAN A 03/05 EXISTING 1 ½ STOREY DWELLING EXISTING 1 Y~ STOREY DWELLING PROPOSED1 ½ STOREY GARAGE/WORKROOM LOFT .% .I THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, MARCH 7, 2005, A~ACHMENT~,,, Z TO INFORMATION COMPILED FROM APPLICANT'S· SUBMITTED ELEVATION PLAN A 03~05 NON ~A~0N THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFQRMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, APRILS, 2005, INFORMATION COMPILED FROM APPLICANT'S SUBMITTED FLOOR PLAN A 03~05 J ' LOFT AREA' OPEN TO JJ ~,~ ,q ~t 10.9m WORK C, ARA~E AREA ! THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, APRIL 5, 2005, PICKERING INFORMATION REPORT NO. 05-05 FOR PUBLIC INFORMATION MEETING OF April 21, 2005 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 03/05 Brent Jones & Bonnie Roberts 1051 Dunbarton Road South Part of Lot 25, Concession 1 (Village Lot 3) City of Pickering 1.0 2.0 3.0 3.1 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the south side of Dunbarton Road, north of the CN railway, between Dunchurch Street and Dixie Road, in the area of the historic Village of Dunbarton (see Attachment #1 - Location Map); the subject property currently supports a single detached dwelling; the subject lands are surrounded by similar detached residential developments. APPLICANT'S PROPOSAL the applicant proposes to amend the existing zoning on the subject property to allow residential use in addition to the permitted commercial uses (see Attachment #2 - Applicant's Conceptual Site Plan); the applicant desires to construct a detached garage/workroom as an accessory structure to the existing detached dwelling (see Attachment #3 - Applicant's Conceptual Floor Plans and Elevation Plans). OFFICIAL PLAN AND ZONING Durham Reqional Official Plan - the Durham Regional Official Plan identifies the subject land as being within a 'Urban Areas - Living Area' designation, where development is intended to be predominately for housing purposes; - the applicant's proposal appears to conform with this designation; Information Report No. 05-05 Page 2 3.2 3.3 4.0 4.1 4.2 4.3 Pickerin.q Official Plan the subject property is designated "Urban Residential - Low Density Area" within the Dunbarton Neighbourhood; - this designation allows residential development; the subject property is also within the area of the 'Historic Village' as identified on the Dunbarton Neighbourhood Map (see Attachment #4); - the Dunbarton Neighbourhood Policies encourage opportunities to rejuvenate the historic Village of Dunbarton, including considering permitting the introduction of small-scale commercial enterprises on suitable sites; - Dunbarton Road is a Collector Road, which is to provide access to individual properties and carry greater volumes of traffic than Local Road; - the applicant's proposal conforms to the applicable Official Plan policies; Zoning By-law 3036 the subject property is currently zoned "C2" - General Commercial Zone, by Zoning By-law 3036, as amended; "C2" zone allows commercial and institutional uses; an amendment to the zoning by-law is required to recognize the existing residential use on the subject property to permit the construction of an accessory structure in the rear yard. RESULTS OF CIRCULATION Resident Comments - no resident comments have been received to date; Agency Comments - Veridian Connections - no objections but a service upgrade may be required; Staff Comments - Fire Services ~ no objections; - in reviewing the application to date, planning staff has identified the following matters for further review and considerations: · assessing the compatibility with the surrounding lands and uses; · evaluating the potential impact of allowing both residential uses and commercial uses in this area; · ensuring that the dimensions of the proposed accessory structure to be sensitive to the existing neighbourhood and its character; - this Department will conclude its position on this application after it has reviewed and assessed the above-noted comments, and any comments received from the circulated departments, agencies and the public. Information Report No. 05-05 ATTACHMENT# -~ TO REPORT # PD Page 3 5.0 6.0 6.1 6.2 6,3 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; Information Received copies of the Applicant's submitted plans are available for viewing at the offices of the City of Pickering Planning & Development Department; Property Principal this application was submitted by Brent Jones & Bonnie Roberts. ORIGIN'AL SIGNED BY ORIGINAL SIGNED BY' Joyce Yeh Plannerl JY:ld Attachments Lynda Taylor, MCIP. RPP Manager, Development Review Copy: Director, Planning & Development ,~ Z5 -o5 Excerpts from Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, April 21, 2005 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 03/05 BRENT JONES & BONNIE ROBERTS 1051 DUNBARTON ROAD SOUTH PART OF LOT 25~ CONCESSION 1~ (VILLAGE LOT 3) Joyce Yeh, Planner I, provided an overview of property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report #05/05. Brent Jones & Bonnie Roberts, advised of their presence and advised that they had no comment. VERIDIAN CONNECTIONS DEVELOPMENT APPLICATION It.EVI[EW II PROJECT NAME: Brent Jones & Bonnie Roberts 1051 Dunbarton Road . ..,~ ......... ill iiii ii . J ..... ~ .... I iii . J NO.: REF. ,,,, A 03/05 SUBMISSION DA'I E: Ma~ch 21, 2005 The existing service to this building may be hxadequate. Details ~egardJng a service upgrade can be obtained from otlr offices. Other: * New addition to be supplied from existing dwelling. * Verid/an Connecifions has no objection to tiffs application, Technical Representative - Peter Petriw Telephone 42%9870 E:~t. 3252 PP/df F:\dfrizze I\Dcv o1.. :W Apolicat on Rev ew\Pick~:rmg\21lll'i\gcen~ Jone, & 13-1miu Rabem . 1051 I')unJ~,wn)n Rna&doc The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E. 4TM FLOOR. LANG TOWER WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 CANADA '~95-728-7731 tx: 905-436-6612 ,--mail: planning(q) region .durham .on .ca www. reglon .durham .oil.ca A.L. Georgieff, MClP, RPP Commissioner of Planning April 25, 2005 ~:t F'FACHMENT # .... ~_ .. _ F0 It:.F.'0R1 1/ PD. 2.5'o5 Joyce Yeh, Planner Pickering Civic Complex One The Esplande Pickering, Ontario L1V 6K7 Ms. Yeh: Re: Zoning Amendment Application A03/05 Applicant: Brent Jones & Bonnie Roberts Location: 1051 Dunbarton Road, Pickering South Part of Lot 25, Concession 1 Municipality: City of Pickering This application has been reviewed by the Region of Durham and the following comments are offered. The purpose of this application is to amend the existing zoning of the subject property to permit residentia use in addition to the permitted commercial uses. Re.qional Official Plan The lands subject to this application are designated "Living Area" in the Durham Regional Official Plan. Living Areas will be used predominantly for housing purposes. The proposed 1 Y2 storey garage/workroom loft may be permitted in Living Areas. Regional Services Municipal water supply and sanitary sewer services are available to the site. Provincial Policies & Deleqated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no matters of provincial interest applicable to this application. If you have any questions or require further information, please do not hesitate to contact me. "Service Excellence for our Communities" Dwayne Campbell, Planning Analyst Current Operations Branch cc: Rod Bolahood, Regional Works Department N :\pim\dc~Zoning\Comments\Pickering~A03-05.doc 100% Post Consumer