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HomeMy WebLinkAboutPD 06-12 Report to Planning & Development Committee PICKERIN Report Number: PD 06-12 Date: March 5, 2012 15 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 26/08 A. Adjedani 1234 Kingston Road Lot 17, Plan 489 City of Pickering Recommendation: 1. That Report PD 06-12 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 26/08 submitted by Ali Adjedani to permit limited commercial uses within an existing building on lands being Lot 17, Plan 489, City of Pickering be approved subject to the conditions outlined in Section 3.7 to Report PD 06-12; 3. That the owner be required to install an ecologizer unit for odour control in association with any bakery or restaurant use on the property and this requirement form part of any site plan approval for this property; 4. That the draft zoning by-law, to implement Zoning By-law Amendment Application A 26/08, as set out in Appendix I to Report PD 06-12, be forwarded to City Council for enactment, and; 5. Further, that Council endorse the granting of an easement over abutting City-owned lands being part of the unopened Wilanna Road right-of-way and part of Lot 18, Plan 489 (shown as Parts 2 and 3 of the Topographical Survey as shown on Attachment #10 to Report PD 06-12), in favour of the owner of 1234 Kingston Road, to be used for grading and sanitary/stormwater service connections. Executive Summary: The applicant proposes to amend the existing zoning of the property from "R3" - Single Residential to "MU-20" Mixed Use in order to permit limited commercial uses within the existing building. The subject property currently supports a 146 square metre detached dwelling which is intended to be converted into a commercial building with a 61 square metre partial second storey addition (see Location Map and Applicant's Submitted Plan, Attachments #1 and #2). The Toronto and Region Conservation Authority (TRCA) advise that the subject lands are located within a Regional Storm Flood Plain associated with Pine Creek. The creek abuts the subject property immediately to the north and east. Report PD 06-12 March 5, 2012 Subject: Zoning By-law Amendment Application (A 26/08) Page 2 16 Although development is restricted on lands designated as flood plain, minor changes to existing structures may be considered provided it is demonstrated that the existing building and parking area can be flood proofed in the event of a Regional flood, and that the risk to property and loss of life is reduced. The applicant has conditionally satisfied'TRCA, the Region of Durham and the City's requirements respecting redevelopment of the property. These requirements will be addressed through conditions of Site Plan Approval and specific zoning provisions established through this application. The recommended zoning will establish performance standards for the subject lands that will permit the conversion of the existing residence to a commercial establishment containing commercial uses that are compatible with the surrounding neighbourhood and conform to the Pickering Official Plan. The proposed by-law contains requirements that will allow the conversion and minor expansion of the existing one storey detached residential building into a partial two storey commercial building with appropriate performance standards. It is recommended that this application be approved and the draft by-law amendment be forwarded to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed recommendation. 1.0 Background: The subject property is generally located on the north side of Kingston Road, west of Liverpool Road. The property also abuts Pine Creek to the east and north (see Location Map, Attachment #1). The property has a lot frontage of approximately 30 metres and a lot area of 0.23 hectares. The property is currently occupied by a 146 square metre one storey detached dwelling, which is intended to be converted into a commercial building with a 61 square metre partial second storey addition (see Applicant's Submitted Plan, Attachment #2). Surrounding land uses are residential, commercial and open space. The property is regulated to the east and north by the Toronto and Region Conservation Authority due to its location within the Pine Creek flood plain. The Durham Regional Official Plan and the City's Official Plan designate the property Mixed Corridors which permits a wide range of commercial and/or residential development along Kingston Road. The Region and City Official Plans also designate the north and east portion of the property as Key Natural Heritage and/or Hydrologic Features (KNHHF) and Open Space System - Natural Areas; development in these areas is restricted. The proposed development complies with the Regional and City's Official Plan. Report PD 06-12 March 5, 2012 Subject: Zoning By-law Amendment Application (A 26/08) Page 3 The application proposes to amend the existing "R3" Residential zoning to a Mixed Use zoning ("MU-20") in order to permit a range of commercial uses. The owner of the subject property intends to redevelop the property to accommodate a pizza restaurant establishment. 2.0 Comments Received: 2.1 Before the Public Information Meeting A letter was received from Mary Aroukatos, representing the neighbouring property to the west at 1222 Kingston Road (see Attachment #5). 2.2 At the April 6, 2009 Public Information Meeting (see Meeting Minutes, Attachment #4) Doug Howard of 1775 Storrington Street commented that the subject property should remain residential. He noted that commercial zoning permitting a restaurant would bring food odours and increased garbage which would attract animals. He also noted that the proposed commercial uses may damage Pine Creek. Mary Aroukatos expressed concern on behalf of the owners of 1222 Kingston Road. The concerns identified are listed below: • a shared driveway access between 1222 and 1234 Kingston Road • the removal of existing vegetation on the subject property caused by the shared driveway access • the proposal of patio space on the subject property • increased flood-risk caused by development on the subject property • the proposed restaurant turning into a bar and other similar establishments • proposed building should be developed in a way that will enhance Kingston Road (such as to what exists at the bottom of Liverpool Road) • traffic lights in front of the Loblaws entrance on Kingston Road should be considered to address traffic Paul Newman of 1769 Storrington Street was opposed to a proposed pizza restaurant establishment, however he was not opposed to other commercial uses such as office type uses. 2.3 Agency Comments (see Attachments #6, #7 and #9) Durham Region • no objections provided that the subject property Health Department is serviced by municipal sanitary sewer and municipal water • if municipal sanitary sewer is not available, a new Class IV private sewage disposal system will have to be installed to service the proposed development (see Attachment #6) Report PD 06-12 March 5, 2012 Subject: Zoning By-law Amendment Application (A 26/08) Page 4 Durham Region • the northern portion of the subject lands contain Planning Department "Key Natural Heritage and/or Hydrologic Features", development is not permitted in these areas • there are no matters of provincial interest applicable to this application • existing building is serviced by municipal water supply and a private disposal system • a shared access arrangement should be implemented to provide access to both 1222 Kingston Road'and the subject lands • the Region requires documentation that the cross-access easement agreements are in place and have been registered on title, as part of the Site Plan Approval application (see Attachment #7) Toronto and Region zoning changes to permit lower-risk commercial Conservation Authority uses (such as a take-out restaurant use) may be acceptable so long as the residential use is removed from the property as part of this zoning amendment • redevelopment (including parking) must be limited to the greatest extent possible on the subject lands • any future site plan application must incorporate adequate flood proofing and access considerations (see Attachment #9) 3.0 Discussion: 3.1 Compliance with the Provincial Policy Statement and the Planning Act will be achieved through zoning by-law provisions and Site Plan Approval Following the Public Information Meeting, the applicant met with the Toronto and Region Conservation Authority (TRCA) and the City to discuss uses that were considered as low-risk to human safety and property, and were compatible with the Provincial Policy Statement. TRCA advised that in order to comply with the PPS, the following must be adhered to: • the building can increase its gross floor area by no more than 50 percent • no expansion to the existing footprint of the building • existing residential uses and other uses which are considered as high-risk could not be included as a permitted use on the subject property Report PD 06-12 March 5, 2012 Subject: Zoning By-law Amendment Application (A 26/08) Page 5 19 • introduction of lower-risk commercial uses (such as a restaurant, business office or retail store) could be considered as part of the zoning by-law amendment and • ensuring that specific flood proofing measures are technically feasible and acceptable to the TRCA (see Attachment #9) The applicant subsequently amended the proposal to remove 'residential' as a requested permitted use, request low-risk commercial uses, and incorporate flood proofing and access measures considered necessary by TRCA and City Planning staff (see Appendix I for proposed list of commercial uses). TRCA and City staff have reviewed a feasibility and flood proofing measures analysis submitted by the applicant's Engineer. Excess stormwater runoff from the subject property is proposed to be redirected through City-owned lands into Pine Creek. To facilitate development, the applicant has requested that the City grant an easement over abutting City-owned lands in favour of the owner of 1234 Kingston Road for stormwater management and servicing purposes (shown as Parts 2 and 3 of Attachment #10). The easement will accommodate a sanitary service connection into an existing sanitary trunk sewer situated within the Wilanna Road right-of-way. The owner will also be required to satisfy a variety of matters prior to receiving Site Plan Approval (see Section 3.7 for Site Plan Review development matters). 3.2. Rear portion of the subject lands will be protected through rezoning The Region of Durham Official Plan designates the northern portion of the subject lands as "Key Natural Heritage and/or Hydrologic Features" (KNHHF). Development is not permitted in these areas. Since the expansion to the existing building will be restricted through the zoning by-law to the current footprint, and since the parking area is limited to the front of the building, TRCA and City Planning staff are satisfied that the rear portion of the subject lands will be protected. The limits of the KNHHF will be defined through the Site Plan Approval process. 3.3 Proposed commercial uses are appropriate and compatible along Kingston Road Kingston Road is designated as a mixed use corridor in the City's Official Plan, which is intended to support a wide range of residential and commercial uses. TRCA and City Planning staff supports only the following commercial uses, which are considered to be low-risk to human safety and property: • Bakery • Personal Service Shop • Business Office • Professional Office (Non-Medical) • Convenience Store • Restaurant - Type A • Financial Institution • Retail Store • Laundromat Report PD 06-12 March 5, 2012 Subject: Zoning By-law Amendment Application (A 26/08) Page 6 20 Staff acknowledges the applicant's intent to convert the existing residence into a pizza restaurant establishment while providing zoning flexibility for other low-risk commercial uses. Pizza establishments typically incorporate a take-out component which may incorporate a small accessory seating area for customers. A "Restaurant - Type A" designation (where food can be consumed on or off the premises or both) is considered most appropriate to accommodate a pizza establishment. However, a restriction in seating area to a maximum of 20 square metres is also recommended to control the eat-in element of the business. As a condition of this approval and, as a future condition of Site Plan Approval, the owner will be required to provide an ecologizer unit to mitigate potential food odours from either a restaurant or bakery establishment. In response to the neighbouring owner's concerns and due to the restricted available site area, an outdoor patio is not permitted in the recommended by-law (see Draft Zoning By-law, Appendix 1). Due to the location within the Pine Creek flood plain, only limited low- risk land uses may be considered, and redevelopment opportunities are limited. risk The applicant's proposal will enhance the exterior building fagade and improve the presentation of the building to Kingston Road. The site plan approval process will provide an opportunity to address the objectives of the Urban Design Guidelines while acknowledging site improvement limitations. 3.4 The existing driveway entrance will remain in its current location The Region of Durham originally requested that the existing driveway entrance be relocated to the west limit of the property in order to provide a shared driveway access with the abutting property owner at 1222 Kingston Road and other lands to the west (see Attachment #7). At the Public Information Meeting, Mary Aroukatos (acting on behalf of the owners of 1222 Kingston Road) objected to a proposed shared driveway access between both properties. She also raised concern that a shared driveway will - require the removal of vegetation that currently exists between the two properties (see Attachments #4 and #5). In response to the neighbouring owner's concerns and the limited development potential between 1735 Walnut Lane and Pine Creek, the Region has agreed to retain the existing driveway entrance (see Applicant's Revised Submitted Plan, Attachment #3). Report PD 06-12 March 5, 2012 Subject: Zoning By-law Amendment Application (A 26/08) Page 7 21 3.5 A signalized intersection is not required within the vicinity of the subject lands In response to a comment by a resident suggesting the signalization of the intersection in front of the Loblaws entrance off of Kingston Road to help alleviate traffic in the vicinity of the subject lands, the Region of Durham has advised that a signalized intersection is not required within the vicinity of the subject lands, nor is it being considered for future signalization (see Attachment #8). 3.6 Sustainability implications have been reviewed Staff's review of the application against the City's Draft Sustainable Development Guidelines resulted in a score below the Level 1 standard. Given the small scope of the application and the applicant's proposal to convert the existing building from residential to commercial, there is limited opportunity to achieve a Level 1. The proposed development will take advantage of existing infrastructure and services within the City's urban area. The applicant intends to preserve, enhance and undertake remedial planting to the greatest extent possible on the subject property and on abutting City-owned lands to the east, in accordance with the requirements of the TRCA and the City of Pickering. Further opportunities exist for the owner to consider additional sustainable options through Site Plan and Building Permit review. 3.7 All Development matters will be addressed during the Site Plan Review process Site development matters concerning the City, Region and TRCA will be addressed through the Site Plan Review process, which will focus on items such as, but not limited to the following: • easements on City lands to accommodate flood protection of the existing building and parking lot • registered reference plan illustrating City lands required for easement purposes • remedial plantings within the creek as compensation for disturbance to the natural area on abutting City-owned lands to the east • pedestrian accessibility • fagade design • outdoor lighting and light intrusion • landscaping • signage • accessibility I Report PD 06-12 March 5, 2012 Subject: Zoning By-law Amendment Application (A 26/08) Page 8 22 • parking locations for approximately 10 car parking spaces • stormwater management • odour control for bakery or restaurant use • potential contribution toward a walkway/trail study along Pine Creek (south of the pedestrian bridge crossing, north of the subject property) • vehicular access to Kingston Road to the satisfaction of the Region of Durham 3.8 By-law to be forwarded to Council The draft zoning by-law attached as Appendix I to this report establishes a mixed use zone which removes residential permissions and permits the establishment of a restaurant and a variety of low-risk commercial uses. All permitted uses are restricted to the existing building footprint as required by TRCA. It is recommended that the draft by-law be finalized and forwarded to Council. 4.0 Applicant's Comments The applicant concurs with the recommendations of this Report. Appendix: Appendix I Draft Implementing Zoning By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Applicant's Revised Submitted Plan 4. Public Meeting Minutes 5. Public Comments - Mary Aroukatos 6. Agency Comments - Durham Region Health Department 7. Agency Comments - Durham Region Planning Department 8. Agency Comments (email) - Durham Region Works Department 9. Agency Comments - Toronto and Region Conservation Authority 10. City Lands Proposed by Applicant to Accommodate Stormwater Runoff Report PD 06-12 March 5, 2012 Subject: Zoning By-law Amendment Application (A 26/08) Page 9 23 Prepared By: Approved/Endorsed By: Ashley Yea o , MCIP, RPP Neil Carrol , , RPP Planner II Director, Planning & Development Ross Pym, MCIP, P Principal Planner - Development Review AY:RP:jf Copy: Chief Administrative Officer Recommended for the consideration of Pickering 'ty Council, _ ZZ, ZO(Z Tony revedel, P.Eng Chief Administrative Officer 2 4 Appendix I to Report PD 06-12 Draft Implementing Zoning By-law, Amendment Application A 26/08 DM4FF r The Corporation of the City of Pickering By-law No. XXXX/12 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 17, Plan 489, in the City of Pickering (A 26/08). Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit limited commercial development on the subject lands, being Part of Lot 17, Plan 489 in the City of Pickering; 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 I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands in Part of Lot 17, Plan 489, in the City of Pickering, designated "MU-20" on Schedule I attached hereto. 3. General Provisions No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. 4. Definitions In this By-law, (1) "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursurance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; By-law No. XXXX/12 DRAFU Page 2 26 (2) "Bakery" shall mean a building or part of a building where baked food products are prepared and offered for retail sale, and which may include incidental baking; (3) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres; but shall not include a retail store;. (4) "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessities are kept for retail sale primarily to residents of, or persons employed in, the immediate neighbourhood; (5) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (6) (a) "Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, but shall exclude the floor area of any parts of the building used for mechanical equipment, stairwells, elevators, and any part of the building below established grade other than that used for retail commercial or office purposes; (b) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, which may also include an outdoor patio, but excluding storage areas below established grade; (7) "Landscaped Open Area" shall mean the area on the lot free from buildings and/or structures suitable for the growth and maintenance of vegetated plants such as grass, flowers, shrubs, trees and other landscape features which may include walkways, berms, retaining walls, decorative pavers, bricks or stones and outdoor amenity areas including patios, but shall not include driveways, drive aisles, internal roads, parking areas, curbs or any exterior garbage storage or handling area; (8) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; By-law No. XXXX/12 DRAFT Page 3 27 (9) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in the Municipal Act, 2001, as amended from time to time, or any successor thereto; (10) "Professional Office - Non-Medical" shall mean a building or part of a building in which legal or other professional service is performed or consultation given, and which may include the offices of an architect, a chartered accountant, an engineer, or a lawyer, but shall not include the office of a physician or a body-rub parlour as defined in the Municipal Act, 2001, as amended from time to time, or any successor thereto; (11) "Restaurant - Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both, but shall not include an adult entertainment parlour as defined herein; (12) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (13) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; By-law No. XXXX/12 DRAFF Page 4 2, (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. Provisions (1) Uses Permitted ("MU-20" Zone) No person shall within the lands designated "MU-20" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) Bakery (b) Business Office (c) Convenience Store (d) Financial Institution (e) Laundromat (f) Personal Service Shop (g) Professional Office (Non-Medical) (h) Restaurant - Type A (i) Retail Store (2) Zone Requirements ("MU-20" Zone) No person shall within the lands designated "MU-20" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: By-law No. XXXX/12 DRAFT Page 5 29 (a) Building Restrictions (i) Despite any other provisions of Zoning By-law 3036, the permitted uses shall only occur within the building existing as of the day of the passing of this by-law as shown on the Topographical Survey of Part of Lot 17, Registered Plan 489 completed by the Ontario Land Surveyor on April 23, 2008, Project Number 08-027-T, being the building which existed at the time of the passing of the by-law: (ii) Building Height (maximum): 9.0 metres (iii) Open Storage: A All uses other than parking shall take place entirely within enclosed buildings or structures with no outside storage or display permitted. B Despite Paragraph 5(2)(a)(iii)(A) above, one detached garbage enclosure with a maximum gross floor area of 10 square metres is permitted in the side yard only. (iv) Front Yard Landscaped Open Area (minimum): 15 percent (b) Parking Requirements (i) There shall be provided and maintained on the lot a minimum of 4.5 spaces per 100 square metres of gross leasable floor area for all uses permitted under the "MU-20" Zone; (ii) Despite Clause 5.21.2b) of By-law 3036, as amended, parking shall be setback 3.0 metres from all side lot lines; (iii) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all parking areas including driveway entrances and exits shall be surfaced with brick, asphalt, concrete, permeable materials, or any combination thereof; (c) Special Regulations: (i) A maximum gross floor area of 220 square metres is permitted for all buildings on lands zoned "MU-20"; (ii) All portions of the building or structure below finished grade shall be used only for storage accessory to a permitted use; By-law No. XXXX/12 ORAFr Page 6 30 (iii) Despite Section 5.(1) of this by-law, only one business operation may be established at any one time on lands zoned "MU-20" on Schedule I attached hereto; (iv) In a building containing a Restaurant Type 'A', a maximum gross leasable floor area of 20 square metres may be used for the consumption of food on the premises; v No drive through facility shall be permitted in association with any of the uses permitted on the lands designated "MU-20" on Schedule I attached hereto; (vi) No outdoor and/or rooftop patios shall be permitted on lands designated "MU-20" on Schedule I attached hereto. 6. By-law By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 7. 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 day of , 2012. David Ryan, Mayor Debbie Shields, City Clerk / / I j I I I 31 / \ ~ I I I I I I , + \I I I I I / + t\ I I I I I / + ~ I I I I I I I \ l I I I \ ` I I I \w j ~ + \ I I I I - o P co Vol \ / 1 \ \ ' 1 SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2012 MAYOR . 10 CLERK ATTACHMEfVT#- ---TO 3 2 REPORT# PD Q a Q 0 VAUGHAN O WILL4RD J Lj PUBLIC o SCHOOL DAVID FARR P K GLENANNA W J LLJ 7E W w O Z H > O Q cn ~ W CRESCENT > J r W W ~ a o r rri m W J Z W } Q (Jj W ~ J O W W J O cr ESG~N~ 0 u GR PC0 a° CULROSS AVENUE O [if S~GRR\~G~O a°a COURT o Z ~OP~ S g S JECT PR PERTY Z Q J z„ O O 11 ct~ ~ W U Z W WW GAF' ~o m • m City of Pickering Planning & Development Department PROPERTY DESCRIPTION LOT 17, PLAN 489 OWNER A. ADJEDANI & S. ALIYANNAJAD DATE JAN. 21, 2009 DRAWN BY JB -1 FILE No. A 26/08 SCALE 1:5000 CHECKED BY AY H oTs ranst Enterprises Inc. and its supplier. All rights Reserved. Not a plan of survey. PN-13 2005 MPAC and its suppliers. All ri hts Reaervetl. Not a plan o! Surve . ATTACHMEW TO REPO;rr# PD 126-12 33 Information Compiled From Applicant's Submitted Plan A 26/08 - A. Adjedani & S. Aliyannajad 3~ qtr W W I W~ I a zQ PROPOSED2 Q STOREYADDITION O+ ) a N t r ~ ~O N r' ` a i FOOTPRINT OF EXISTING 1 SORE R r + t DWELLI} G Is j r' PROPOSED PARKING I t ~ .~.-r fy;,'M' EXISTNG DqIVEWAY TO BE REMOVED PROPOSED )r! aJ~ 7 DRIVEWAY + t + I t> ~ ow ti. N THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES - DIVISION MAPPING AND DESIGN, JAN. 21, 2009. ATTACHMENIT#=-Tn REPORT# PD 34 Information Compiled From Applicant's Revised Submitted Plan A 26/08 - A. Adjedani & S. Aliyannajad 3~ 'M eM• OF m~ o JQ 2 FOO RINT OF Q O EXIST! G 1 STOREY pp Q . D ELLING --j ~ Q Q Q ~ t-4,7 w wqr, N JO .8 l_ r r- ~r we ~ PROPOSEDSECOND "•~r~~v j~f STOREYADDITION~' r 1 ;m gGH / O~N c 5 f 00'6 •GK • - ~ ~ N M //SOp .M•n• jJ i / S~pN X-to W`NG N THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, FEB. 16, 2012. ATTACHMENT TO REPORT# PD 0~ - 12 Excerpts from City o¢ _ Planning & Development Committee Meeting Minutes Monday, April 6, 2009 7:30 pm - Council Chambers Chair: Councillor Little y i 3. Zoning By-law Amendment - A 26/08 A. Adjedani & S. Aliyannajad 1234 Kingston Road (Lot 17, Plan 489) City of Pickering , A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Lynda Taylor, Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also noted that if a person or public body does not make oral or written submissions to the City before the by-law is passed; that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. Ashley Yearwood, Planner I, gave an overview of zoning amendment application A 26/08. Grant Morris, Planning Consultant for the owner appeared before the Committee in support of the application,. Mr. Morris noted that when the owner purchased.the property he thought he could rezone the property to allow for the Pizza restaurant but just recently was advised' by the Conservation Authority that the floodplain boundaries had been changed and they would not support the application. Mr. Morris noted that the owner was in discussions with the Conservation Authority. Doug Howard, 1775 Storrington Street appeared before the Committee in. opposition to the commercial zoning and felt that it should remain residential. He stated that his concerns regarding commercial zoning allowing for a restaurant would bring food odours to the area, .created more garbage which would attract wildlife or rodents. He questioned what would happen if the pizza restaurant did not work, what use would come next. Mr. Howard also felt that this use would put additional strain and damage on the creek which was next to the property. Mary Aroukatos the representative for Nancy and Betty Aroukatos, owners of 1222 Kingston Road appeared before the Committee with concerns regarding the rezoning. She stated that her clients felt that the driveway should not be moved and noted that there were a number of mature trees along the property line that should be protected. She stated that they felt once commercial zoning 1 ATTACHMENT FIEpO m - / Excerpts from y _ Planning & Development Committee: Meeting Minutes Monday, April 6, 2009 7:30 pm - Council Chambers Chair: Councillor Littley was allowed then it would just continue to grow in this area. Ms. Aroukatos also noted the heavy traffic in the area and felt this type of zoning would make it worse and also noted that there had been flooding problems on the property and that the grading should be looked at. Ms. Aroukatos noted that if this is what the City is planning for this area then they should follow the same type of concept that they planned at the bottom of Liverpool Road where the commercial units closed early in the evening. She also.stated that they definitely did not want a patio to be allowed. Written submission was received in the Clerk's Division on April 6th regarding their concerns. Paul Newman, 1769 Storrington Street appeared before the Committee and noted his opposition to the Pizza Restaurant for the property. He stated that he is not opposed to the commercial zoning but it should be office type uses and not food or drinking type uses. Mr. Newman stated that when rezoning this. area consideration should be given to the surrounding residential component. 1 ATTACHM6ENT# S TO REPORT# PD D MARY AROUKATOS B.A. PARALEGAL SERVICES 1615 ORION CRT. 37 PICKERING, ONTARIO L1V 3T5 Phone: 416 -839-4068 Fax: 905-492-0466 May 13, 2009 maryh.paralegal@rogers.com RECEIVED MAY 14 2009 Mr. Ashley Yearwood CITY of PICKERING City of Pickering PLANNING AND DEVELOPMENT DEPARTMENT One The Esplanade Pickering, Ontario L1V 6K7 i I, RE: Zoning By-law Amendment Appliciation A 26/08(1234 Kingston Rd.) Dear Mr. Yearwood, Pursuant to the meeting held April 6, 2009 1 attended at the Region of Durham in Whitby to investigate the allegation that the applicant's representative made regarding moving the existing driveway adjacent to that of my clients' at 1222 Kingston Rd.. I was told that there would be no shared access unless my clients' agreed. , The Region representative also advised that the City of Pickering received the region's recommendations in a letter addressed to you dated April 15, 2009. Please accept this letter as a formal notice to the City of Pickering that there will be no'shared access arrangement with 1222 Kingston Rd. The Region of Durham has been served the same notice. I appreciate your cooperation in reviewing this matter and notifying the appropriate parties. Sincerely, Mary Aroukatos 38 AWACHMIEW#-L-To REPORT#PO RECEIVED MAR 1 02009 CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT March 9, 2009 The Regional Municipality City of Pickering of Durham Planning Department/Building Development Health Department One The Esplanade Pickering, ON L IV 6K7 ENVIRONMENTAL HEALTH DIVISION 1.01 CONSUMERS DR. Attention: Debi Wilcox - City Clerk. 2ND FLOOR WHITBY ON L1 N 1 C4 i,ANADA Dear-Madam: 905-723-3818 1-888-777-9613 Re: A/26/08 - Zoning Application Fax: 905-666-1887 Lot 17, Plan 489 (1234 Kingston Road) www.durham.ca City of Pickering Applicant: A. Adjedani and S. Aliyannajad An Accredited Public Health Agency The above noted application has been investigated by this Department and there are no objections to approval provided that the subject property is serviced by municipal sanitary sewer and municipal water. In the event that the subject property does not have access to municipal sanitary sewer; a new Class IV private sewage disposal system will have to be installed to service the proposed development., Please feel free to contact the undersigned if more information is required. AKip I(C) lic Health Inspector Pub Environmental Health Division KK/cw "Service Excellence forou, Co~iiniunities" ® , 100% Post Consumer ATTACHMiENT#=TO REPORT# PQ_ 06 ' 3 April 15, 2009 Ashley Yearwood, Planner • Planning - Development Review City of Pickering One'The Esplanade Pickering,' Ontario The Regional LlV 6K7 Municipality of Durham Mr. Yearwood: Planning Department , 605 RosSLAND ROADE Re: Zoning Amendment Application A26/08 4TH FLOOR Applicant:.* A. Adjedani & S. Aliyannajad /.Grant Morris Associates Ltd.' Po Box 623 Location: 1234 Kingston Road WHITBY ON Li N'6A3 CANADA Part of Lot 23, Concession 1 . 905-668-7.711 .,Municipality:' City of Pickering Fax: 905-666-6208 . E-mail: planning® reglon.durham.on.ca We have reviewed this application to amend.the zoning on the above noted property. The following, comments are offered for your. consideration. www.region. durham.on:ca A.L. Georgieff, MCIP, RPP The purpose of the application is to. amend the zoning on the subject property to commissioner of Planning permit commercial uses on the first floor of an existing building and residential uses to a proposed second floor addition. The site is currently zoned '133' (Residential Detached Dwelling). Regional Official Plan The subject lands are designated 'Living Area' and 'Regional Corridor' in the Durham Regional Official Plan. Regional Corridors.shall be' developed as mixed- use areas, which include residential, commercial and service areas with higher densities, supporting higher order transit services and featuring a high degree of pedestrian oriented design. Further., Regional Corridors shall provide efficient transportation links to' Regional Centres as Well. as other centres in adjacent municipalities. The application is in conformity with the Regional Plan. The northern.portion of the subject lands contain "Key Natural Heritage and Hydrologic Features" as identified in Schedule 'B'- Map 'B1 d' of the Plan. Section 2.3.14 of the Plan indicates development is not.permitted in key natural heritage and/or hydrologic features, and any.associated vegetation protection zone. The subject lands abut Highway 2 (Kingston Road), a Type 'B' arterial road iii the Plan. Provincial Policies & Delegated Review Responsibilities This application has been screened 'in accordance with the terms of the provincial plan review responsibilities. There are no matters of provincial plan interest applicable to this application. "Service Excellence ' for, our Communities" 10096 Post Consumar 4 REPORT# PD Servicing The existing building is serviced by municipal water supply and a private disposal system. Transportation Given the location of the existing .driveway for the adjacent property (1222 Kingston Road)we will require that a shared access arrangement be implemented to, provide access to both 1222 Kingston Road and the subject lands. The applicant will be responsible for contacting the adjacent property owner and providing a revised site plan.drawing demonstrating a shared access design. Further, We will require documentation that the necessary cross access easement agreements are in place and have been registered on title, as part of the Site Plan Approval. application. Please contact me should you. have any questions or require any additional information regarding this matter. Henry Tang, Planner Current Planning cc: Regional Works Department -.Pete Castellan I ATTACH MENT# ~ TO 41 Yearwood, Ashley REPORT# PD Subject: FW: RE: Purchase of Wlanna Road Right-of-Way Discussion(ZoningAmendmentA 26/08) From: Peter Castellan rmaiIto: Peter. Castel Ian@durham.cal Sent: May 27, 2011 12:49 PM To: Yearwood, Ashley Cc: Starr, Robert; Wouters, Margaret Subject: RE: Purchase of Wilanna Road Right-of-Way Discussion(ZoningAmendmentA 26/08) Ashley, With regards to signalizing the driveway ...the location does not meet our requirement for distance separation between signals, as this is a tee intersection, it is unlikely to meet the warrant for a signal and the fact the property has a signalized intersection at Liverpool Road, this location would not be considered for future signalization. Regards, PETE CASTELLAN Development Approvals The Regional Municipality of Durham Works Department 605 Rossland Road East, Level 5 P.O. Box 623, Whitby, ON Phone: 905-668-4113 ext 3411 Fax: 905-668-2051 Mobile: 905-261-7382 www.durham.ca "Yearwood, Ashley" <ayearwood@cityofpickering.com> 26/05/20116:32 pm Good afternoon Pete, In addition to my comments below, can you also look into the appropriateness of having a traffic light along Kingston Road in front of the Loblaw's entrance beside Pine Creek? Thank you. Yours truly, Ashley Yearwood Planner Planning & Development Department' City of Pickering T: 905.420.4660 ext. 2913 PICKERING Toll Free: 1.866.683.2760 11 iCEN ENNNIAI 01 t F: 905.420.7648 TTY: 905.420.1739 ayearwood(cD-cityofpickering.com 1 I - ATTACHiMENU-2-M REPORT# PD C5h96YVS `Y~ ion i for The Living City September 25, 2009 CFN 41890.02 _ r VIA MAIL AND EMAIL tyearwood(cDcitypickering.on.ca) Mr. Ashley Yearwood City of Pickering Pickering Civic Centre One The Esplanade Pickering ON L1V 6K7 Dear Mr. Yearwood: Re: Zoning By-law Amendment Application A 26/08 On Lands Municipally Known As 1234 Kingston Road Lot 17, Plan 489 City of Pickering (A. Adjedani & S. Aliyannajad) We write subsequent to our meeting at your offices on April 29 held to discuss the application above and, specifically, TRCA's previous correspondence of March 18, 2009 regarding the application. Removal of Residential Use At the meeting you will recall that TRCA staff discussed our objection, to the application based upon the addition of new commercial uses on the subject lands in addition to the existing permitted residential use. However, we indicated a willingness to consider a zoning change that would remove the existing residential zoning and instead allow for specific lower-risk commercial uses such as the proposed take out restaurant use. Such a change would be subject to technical feasibility and specific floodproofing measures to be set by TRCA based upon the flood risk present. As this consideration received a favourable response from the owner, TRCA staff undertook to conduct additional analysis of such an option. We have now had the opportunity to review this matter and wish to provide the following for the applicant's and City of Pickering staff consideration. Flood Risk Present Our analysis continues to show that flood depths on the site are up to 1.45 metres in depth and the, velocities of flood waters would be approximately 0.15 metres per second in the event of a Regional Storm. In addition, there does not appear to be 'safe' ingress or egress from the site in the event of a Regional Storm. These conditions pose considerable threat to human safety and property pursuant to standards established by the Ontario Ministry of Natural Resources. Given this flood risk, every effort must be made to ensure that re-development is limited i (including parking) to the greatest extent possible on the subject lands and that any future site plan application incorporate adequate floodproofing and access considerations. Concept Plan In order to properly assess the feasibility of a proposed zoning change, we require a revised FAHome\PublicTevelopment ServicesOurham Region\Pickering\1234 Kingston 3.wpd Member of Conservation Ontario 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca ATTACHMENT# TO REPO;rr# PD 06 - 4: 43 Mr. Ashley Yearwood -2- September 25; 2009 concept plan to be prepared. The concept.plan and supporting analysis must demonstrate.the following: • Ability to floodproof the structure to the Regional Storm Flood Plain Elevation of 84.16 meters above sea level. • Parking areas must meet the flood depth and velocity criteria as specified on the enclosed figure "Parking Lot Floodproofing Measures". • No offsite increase of the flood risk to adjacent upstream and downstream properties; and, • An analysis of ingress and egress from the site from Kingston Road to achieve the maximum level of flood protection for access that is feasible based upon the existing elevation of the Kingston Road platform. Proposed Uses We are prepared to work with City of Pickering staff and the applicant to refine the zoning amendment to minimize re-development and uses to a degree which would adequately respond to the flood risk. If adequate floodproofing measures can be demonstrated on a concept plan, we are willing to accept the following uses for the subject lands: • Business Office • Professional Off ice • Restaruant Type C • Retail Store Conclusion We trust that this letter provides the specific technical requirements that must be met in order reduce the flood risk,present on the subject lands in support of the proposed zoning change. Please contact me if you have any questions with respect to this matter. Yours truly, Chris Jones, IP, RPP Senior Planner Planning and Development Extension 5718 CJ/ cc: Grant Morris, Grant Morris Associates Ltd. 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