Loading...
HomeMy WebLinkAboutSeptember 9, 2002 Planning Committee Meeting Agenda Monday, September 9, 2002 at 7:30 p.m. Chair: Councillor Ryan (I) ADOPTION OF MINUTES Meeting of June 10, 2002 Meeting of June 24, 2002 (11) MATTERS, FOR CONSIDERATION PAGE 1. PLANNING & DEVELOPMENT REPORT PD 34-02 '1-25 ZONING BY-LAW AMENDMENT APPLICATION A 40/00 PICKERING HOLDINGS INC., ET AL. 815 KINGSTON ROAD (PART OF LOTS 27 AND 28, B.F.C. RANGE 3) (SOUTH SIDE OF KINGSTON ROAD, EAST OF WHITES ROAD) 2. PLANNING & DEVELOPMENT REPORT PD 40-02 26-52 ZONING BY-LAW AMENDMENT APPLICATION A 8/02 D. & J. MACKERACHER 501 ROSEBANK ROAD SOUTH (PART BLOCK K, PLAN 418) (NORTH-EAST CORNER OF ROSEBANK ROAD AND COWAN CIRCLE) 3. PLANNING & DEVELOPMENT REPORT PD 41-02 53-74 ZONING BY-LAW AMENDMENT APPLICATION A 04/02 JOHN TAYLOR TRUCK SALES INC. 3356 BALSAM ROAD SOUTH PART OF LOT 5, CONCESSION 5 4. PLANNING & DEVELOPMENT REPORT PD 42-02 75-81 REQUEST FOR COUNCIL'S PERMISSION TO DEVELOP LANDS BY LAND SEVERANCE E. AGNEW ET AL 1837-1841 APPLEVIEW ROAD PART OF LOT 3, PLAN 330, LOT 16, PLAN 1051 ]~~* Planning Committee Meeting Agenda Monday, September 9, 2002 at 7:30 p.m. Chair: Councillor Ryan (111) CORRESPONDENCE Members of Council may formally table an item of correspondence that has been circulated by the Mayor, CAO, Clerk or other staff person. (!V) ADJOURNMENT RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY 1. That Zoning By-law Amendment A 40~00 be APPROVED subject to conditions outlined in Appendix I to Report Number PD 34-02, to: · retain vehicle sales and rental uses on the 'Boyer' parcel; · retain hotel plus accessory uses on the 'Pickering Holdings' and 'Veridian' parcels; · permit piping of the watercourse on the 'Pickering Holdings' parcel, subject to necessary approvals from the Toronto and Region Conservation Authority; and · permit hotel plus accessory uses, vehicle sales and rental uses, and a full range of retail, restaurant and office uses on all three parcels, being Part of Lots 27 and 28, B.F.C., Range 3. 2 REPORT TO THE PLANNING COMMITTEE Report Number: PD 34-02 Date: August 23, 2002 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 40/00 Pickering Holdings Inc., et al. 815 Kingston Road (Part of Lots 27 and 28, B.F.C. Range 3) (South side of Kingston Road, east of Whites Road) Recommendation: 1. That Zoning By-law Amendment A 40/00 be APPROVED subject to conditions outlined in Appendix I to Report Number PD 34-02, to: · retain vehicle sales and rental uses on the 'Boyer' parcel; · retain hotel plus accessory uses on the 'Pickering Holdings' and 'Veridian' parcels; · permit piping of the watercourse on the 'Pickering Holdings' parcel, subject to necessary approvals from the Toronto and Region Conservation Authority; and · permit hotel plus accessory uses, vehicle sales and rental uses, and a full range of retail, restaurant and office uses on all three parcels, being Part of Lots 27 and 28, B.F.C. Range 3. Executive Summary: The applicant requests a change to the zoning by-law to increase the range of permitted commercial uses on the three parcels of land subject to this application. The current zoning allows only a vehicle dealership on the 'Boyer' parcel and a hotel and accessory uses on the 'Pickering Holdings' and 'Veridian' parcels to the east. The three properties are located on the south side of Kingston Road, east of Whites Road (see Location Map, Attachment #1). In addition, the applicant requests permission to pipe the watercourse through the Pickering Holdings property. It is recommended that the requested zoning amendment be approved, subject to conditions. The proposed mix and range of uses are permissible by the land use designation in the Official Plan, which did not change through the Review of the Northeast Quadrant Development Guidelines. Further, the broader range of permissible uses will allow expansion of an existing business, and support future redevelopment opportunities for this strategic location. Report PD 34-02 Date: August 23, 2002 3 Subject: Pickering Holdings Inc., et al (A 40~00) Page 2 By-law provisions will require new development to implement 'mainstreet' urban design objectives identified in both the Kingston Road Corridor and revised Northeast Quadrant Development Guidelines. The existing co-ordinated vehicular access scheme will remain. The proposed zoning provides sufficient flexibility to respond to future options for the watercourse whether it is to be enclosed, relocated on-site, or retained as an open channel. Financial Implications: No direct costs to the City are anticipated as a result of the proposed application. As a condition of approval, the applicant will be required to pay to the City its share ($10,643) of the study costs for the Northeast Quadrant Review. Background: 1.0 Application The requested zoning change is for three properties as shown on Attachment #1. The proposal is detailed in the chart below. Table 1 Zoning Proposal Parcel #: Owner Existing Zoning Change Zoning - Current Use Permits... to Permit... 1: Boyer Pontiac -Vehicle sales and - Vehicle sales and rental; Enterprises Inc.; rental - Hotel with ancillary commercial club Boyer Pontiac and retail stores; Car Dealership - Broad range of retail, office, commercial and community uses; 2: Pickering Hotel with ancillary - Hotel with ancillary commercial club Holdings Inc.; commercial club and and retail stores; Display of retail stores; - Vehicle sales and rental; vehicles for - Broad range of retail, office, sale commercial and community uses; - Enclosure or relocation of watercourse (if permitted); 3: Veridian; Hotel with ancillary - Hotel with ancillary commercial club - Vacant commercial club and and retail stores; retail stores; -Vehicle sales and rental; - Broad range of retail, office, commercial and community uses; Report PD 34-02 Date: August 23, 2002 Subject: Pickering Holdings Inc., et al (A 40/00) Page 3 2.0 Comments Received 2.1 At the May 17, 2001 Public Meeting: (see text of Information Report and Meeting Minutes, Attachments #2 and #3) 2.1.1 From Residents: - noise from loud speakers at existing car dealership; - preserve watercourse; - hotel use acceptable; - no need for more strip malls; 2.2 Following the Public Meeting: 2.2.1 From Aqencies: Durham Region Planning Department: - supports use of mutual access easements; -site plan condition acknowledging possible centre median on Kingston Road required; - archaeological study required (see Attachment #4); Toronto and Region Conservation Authority: - does not support increased commercial development on lands occupied by watercourse; - watercourse enclosure or relocation requires approval under Fill Regulation and Valley and Stream Management Program (see Attachment #5); -further verbal comment that applicant to employ appropriate stormwater management practices during and after construction; and, - development to be set back 10 metres from top-of-bank; watercourse to be zoned in open space and conveyed to public ownership; 5 Report PD 34-02 Date: August 23, 2002 Subject: Pickering Holdings Inc., et al (A 40~00) Page 4 2.2.2 From City Departments: Supervisor, Development Control: - stormwater management reports and studies required to justify enclosure of creek; - sidewalk and boulevard improvements to be completed by the applicant with partial funding by applicant and partial funding from development charges; -development agreement needed to address off-site stormwater works (see Attachment #6). 3.0 Application was One of Four that Triggered Northeast Quadrant Review but May Now Proceed as Study is Complete This application was one of the four applications that triggered the review of the 1991 Northeast Quadrant Development Guidelines. In June, 2002, Council received the Northeast Quadrant Review. Council adopted in principle revised Northeast Quadrant Development Guidelines and directed that staff hold the Statutory Public Information Meeting for the resulting official plan amendment. That meeting occurred on August 8, 2002. Copies of the Northeast Quadrant Review Report to Council PD 23-02 and Addendum to Report to Council PD 23-02 are available for viewing at the Planning & Development Department. The application has been reviewed based on both existing and proposed official plan policy and existing and proposed development guidelines. Comments received during the Review of the Northeast Quadrant Development Guidelines were also considered in evaluating this rezoning. 4.0 Discussion 4.1 Increased Mix of Allowable Commercial and Community Uses, including Vehicle Sales, is Appropriate on the Lands, Subject to Conditions The commercial and community uses requested by the aPplicant are compatible with surrounding land uses and implement the Mixed Use Areas- Mixed Corridor land use designation. Permitting an increased range of uses will allow expansion of an existing local business and future development of uses serving a broad area at a higher scale and intensity. Restrictions on some uses are recommended in the zoning by-law. As no retail market impact study was submitted, a limit of 2,500 square metres is to be imposed on the permitted gross leasable floor space for retailing of goods and services on each of parcel 1, and parcels 2 and 3 combined. In the future, if greater amounts of retail space can be justified in a retail impact study, additional floor space for retail uses may be considered by a zoning change. Report PD 34-02 Date: August 23, 2002 Subject: Pickering Holdings Inc., et al (A 40~00) Page 5 In order to discourage a restaurant campus, restaurant uses are to be restricted to a maximum of 33 per cent of the gross floor area of the development. Office uses on these lands are to be restricted to a floor space index of 1.5 (the ratio between the office floor area and the lot area). This floor space index would permit development similar in scale to the office buildings on the south-east corner of Liverpool Road and Pickering Parkway. 4.2 'Mainstreet' Urban Design Objectives to be met through Provisions in Zoning By-law and Future Site Plan Requirements A number of design objectives from the Official Plan and Development Guidelines are to be implemented through a future site plan approval process. However, key objectives are also supported with zoning provisions. They include the following: · to achieve two-storey building heights, the by-law is to establish a minimum building height of 6.5 metres; · to achieve buildings located close to the street, the by-law is to identify a "build-to-zone"; · to enhance the streetscape, the by-law is to include a prohibition that no more than 1 row of vehicles is to be parked or displayed for sale or rent between the buildings and Kingston Road for any new legal use on the Pickering Holdings lands (current legal display of cars on Boyer Pontiac lands to be permitted to continue); · to achieve greater intensity and mixing of uses, the by-law is to specify that development must contain functional floor space on or above 2nd storeys of buildings, except for existing or future vehicle dealerships; all other uses must provide 33 per cent of gross floor area in functional floor space above the first floor). 4.3 Existing Co-ordinated Access will remain although Region may install Centre Median along Kingston Road An exchange of easements will be required for the existing shared access between the Boyer and Pickering Holdings properties (parcels 1 and 2). The Region has advised that they will be requesting that an 'advisory' be registered on title at the time of site plan approval indicating that the Region may implement access restrictions (i.e. construct a centre median along Kingston Road). Should the median be constructed, left tums in and out of the joint access will be prevented. Although staff encouraged a further exchange of easements across the Boyer lands to the signalized intersection opposite Delta Boulevard, the applicant does not support such an easement at this time. Since both the Boyer and Pickering Holdings properties are under the control of the same individual, staff are satisfied that a legal easement is not required. Report PD 34-02 Date: August 23, 2002 Subject: Pickering Holdings Inc., et al (A 40~00) Page 6 4.4 Proposed Zoning is able to Respond to Future Options for the Watercourse (whether Enclosure, Relocation or Retaining Current Open Corridor) Despite Council's support for piping the watercourse through the Northeast Quadrant Review, a final decision on the issue is not yet available. Thus, in a manner similar to the proposed Northeast Quadrant official plan amendment, the proposed zoning for the Pickering Holdings land will recognize all options for the watercourse. The options include enclosure, relocation or retention as an open stream corridor. The watercourse and the adjacent Veridian lands (parcel 3) are to be dual zoned for open space uses and for commercial and community uses, with an (H) - holding symbol on the commercial and community uses. Conditions for lifting the (H) are to include: the owner has obtained required approvals and permits from the Conservation Authority; and, the owner has made satisfactory arrangements with the City respecting stormwater management for the lands. The TRCA requires the watercourse to be retained in an open state until such time as its enclosure or relocation can be justified and all necessary permits and approvals are secured. The City requires appropriate stormwater management practices for the lands including any required contributions to a permanent downstream stormwater management facility, should one be established. 5.0 Applicant Required to Pay Proportionate Share of Northeast Quadrant Review Study Costs as Per Council Resolution Council authorized a City expenditure of $25,000 towards the costs of hiring environmental, transportation and urban design consultants to assist with the Review of the Northeast Quadrant Development Guidelines. Private landowners/applicants were required to share the remaining costs. This applicant was advised of this arrangement and participated in the study process. The conditions of approval include payment of a share of these costs ($10,643) prior to passage of an implementing zoning amendment by Council. 6.0 Applicant's Comments The applicant's agent has reviewed the conditions of approval and advises that he has no objections to the recommendations. Report PD 34-02 Date: August 23, 2002 8 Subject: Pickering Holdings Inc., et al (A 40/00) Page 7 Appendix: Recommended Conditions of Approval for Zoning By-law Amendment Application A 40/00 Attachments: 1. Location Map 2. Text of Information Report 15-01 3. Statutory Public Information Meeting Minutes 4. Comment from Region of Durham Planning Department 5. Comment from Toronto and Region Conservation Authority 6. Comment from Supervisor, Development Control Prepared By: Approved / Endorsed By: Steve Gaunt, MClP, RPP Ne~Carroll, ~.p,~PP Planner II Director, Pla~g & Development Prepared By: CatheriCie Rose /' .Manager, Policy SG/CLR:pr Attachments Copy: Chief Administrative Officer Recommended for the consid~'ation of Pickering City Council _ / ~ Thomas(J, Ouinn,';-Chief dminis r ' Officer APPENDIX I TO REPORT NUMBER PD 34-02 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 40/00 1.0 That prior to the forwarding of a zoning by-law to Council: (a) the owner/applicant shall pay to the City of Pickering its proportionate share of the Northeast Quadrant Review study costs; (b) the owner/applicant shall enter into and have registered on title to the lands a Development ^greement between the owner/applicant and the City addressing such matters as, but not limited to, the following: (i) agree to convey reciprocal easements for access purposes between the owner of parcel 1 (Boyer) and parcels 2 and 3 (Pickering Holdings and Veridian respectively) for the existing access to Kingston Road located between parcels 1 and 2; (ii) agree to convey easements over the watercourse, whether or not it remains as an open watercourse, is relocated or its piped, to the City and/or the Toronto and. Region Conservation Authority as may be required for stormwater management within 90 days of receiving such a request from either the City of Pickering and / or the TRCA; (iii) agree to satisfy the Director, Planning & Development and the Toronto and Region Conservation Authority respecting stormwater management practices for the subject lands; (iv) agree to construct, partially at the owner's cost and partially funded by the City, a sidewalk and other improvements across the Kingston Road boulevard of parcel 3 of the subject lands within 12 months of a building permit being is issued for either parcel 2 or parcel 3; (v) agree to undertake an archaeological study prior to construction on either parcels 2 or 3. 2.0 That the zoning by-law comply with the provisions of the revised Northeast Quadrant Development Guidelines adopted by Council at its meeting held June 17, 2002, and for the subject lands, include, but not necessarily be limited to the following provisions: (a) permit the following uses on all parts of the subject lands except those lands occupied by the tributary of Ambedea Creek: (i) vehicle sales and rental establishment, hotel and commercial club; Appendix I to Report Number PD 34-02 Page 2 10 (ii) bakery, business office, club, commercial club, commercial recreational establishment, day nursery, dry cleaning depot, financial institution, personal service shop, place of assembly, private school, professional office; (iii) retailing of goods and services (exclusive of restaurants) not to exceed an aggregate of 2,500 square metres of gross leasable floor area for each of parcel 1 and parcels 2 and 3 combined; (iv) restaurants not to exceed 33 per cent of the gross floor area of the development on each of parcels 1 and parcels 2 and 3 combined; (b) zone the Veridian lands (parcel 3) and lands occupied by the watercourse including any lands located within 10 metres of the greater of the stable top of the bank or the regional storm floodline as open space; also zone the lands to permit the same uses listed in (a) above, subject to a Holding provision; (c) prior to forwarding a Report to Council for approval of a zoning amendment to lift the (H) - holding symbol, the following conditions must be satisfied; (i) that the Director, Planning & Development receive satisfactory evidence that all required approvals and permits have been obtained for the piping or relocation of the creek; and (ii) that the Director, Planning & Development receive satisfactory evidence that appropriate arrangements have been made with respect to stormwater management for the lands; (d) restrict the maximum aggregate gross floor area of all offices to 1.5 floor space index (ratio of floor area to the lot area) for each of parcels 1 and parcels 2 and 3 combined; (e) require a minimum of 40 per cent of the length of a build-to-zone to be occupied by front walls of buildings on each of parcel 1 and parcels 2 and 3 combined and the build-to-zone shall be: (i) set back 3.0 metres from the Kingston Road right-of-way across the frontage of parcels I and 3 of the subject lands and setback 3.0 metres from the location of the necessary buffer zone of the tributary of Amberlea Creek across parcel 2 of the subject lands; should the buffer no longer be necessary, the setback shall be measured from the Kingston Road right-of-way for parcel 2; (ii) 15 metres in depth; Appendix I to Report Number PD 34-02 Page 3 1 1' (f) exempt the existing buildings and structures, and minor additions thereto, on parcel 1 (the existing Boyer dealership), from the provision of (e) above; (g) require a minimum of 33 per cent of the gross floor area of all buildings constructed on each of parcel 1 or parcels 2 and 3 combined to provide functional floor area above the ground floor, except for vehicle sales and rental establishments; (h) require a minimum building height of 6.5 metres, and establish a maximum building height of 8 storeys; (i) prohibit outdoor storage and display, except in association with a vehicle sales and rental establishment; (j) establish parking requirements as follows: · 3 spaces per 100 square metres of gross leasable area for vehicle sales or rental establishment; · 4.5 spaces per 100 square metres of gross leasable area for other permitted uses; · parking spaces not to be used for display, and any display is to be set back 3 metres from lot lines; · no more than one row of parking or display of vehicles shall be permitted between buildings and Kingston Road except existing legal display and parking shall be deemed to conform to this provision. *ATTACHMENT dP --~ ....... TO AVENUE ~OK City of Pickering Planning & Development Department t~) MICHAEL BOYER ENTERPRISES ~ ~1 PICKERING HOLDINGS INC. i~ VERIDIAN CORPORATION [DATE MAR 29, 2001 ,ATTACHMENT # 'tO REPORT # PD - 0 0-- INFORMATION REPORT NO. 15~01 FOR PUBLIC INFORMATION MEETING OF ' MAY 17, 2001 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 40/00 Pickering Holdings Inc., et aL Part Lots 27 & 28, B F Range 3 (South side of Kingston Road, east of Whites Road) City of Pickcring 1.0 'PROPERTY LOCATION AND DE$CRIFFION thc subject lands .are 3.3 hectares in area, and are located on thc south side of Kingston Road, east of Whites Road; the subject lands comprise three parcels of land (see map, Attachment #1 ): · parcel 1 is a 2.19-hectare property owned by Michael Boycr Enterprises; it is occupied by the Boyer Pontiac Buick dealership; re parcel 2 is a 1.03-hectare property oWned by Picketing Holdings Inc.; it is being used by Boyer Pontiac t° display automobiles for sale; a tributary of Ambcrlea Creek crosses the north-east comer of the parcel; e..parcel 3 is a ~0.08-hectarc property owned by the Vcddian Corporation; it is currently vacant; uses surrounding .the subject lands are: the Highway 401 on/off ramps to the east; Highway 401 to thc south; the Whites Road Shopping Centre tothe west; and, on the north Side of Kingston Road; the Wendy's / Tim Horton's and Swiss Chalet · restaurants at Delta Boulevard with detached dwellings to the east; the main vehicular access to the subject lands is provided by a signalized intersection on Kingston Road at a private driveway ali~onlng with Delta Boulevard(on the north · side of Kingston l~oad); a second access to ~n Road is located about mid-way between the signalized intersections at Delta Boulevard and the Highway 401 on/off ramps; · ~. · 2.0 ApPLICANT'S PROPOSAL · Picketing Holdings Inc., ct al. propose to eXPand thc uses permitted .on the subject lands to add ~/ehicle sales and rental uses as an additional use on parcel 2; and permit an increased range of other commc~rcial uses on all the larlds in accordance with the Picketing Official Plan; no changes arc proposed to. thc existing access points; thc application is also proposing the enclosure of the watercourse. 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan. the subject lands are designated Special Study ,4rea,A in the Durham Re~onal Official Plan; lands in the Special Study Area contain a mixture of residential, retail, personal service and industrial uses; the area's highway exposure as a main street and gateway to the Region is to be maximized; development is to be intensified in a m;onna~on l~=port No. 15-01 ATTACHMENT f . ,~ _T0~ Pa~e 2 ~ (~ h, ~e Do~to~ Co~) of ~; im~t ~m ~way 401 ~d ~way 2 deve~pm~t offs ~ ~on Ro~ ~ d~i~t~ ~ a T~e B A~l Ro~ ~d ~ a Tra~it Spine; 3.2 Pieke~'Offi~ PI~ - ~e ~bj~ 1~ ~ d~ M~ Use ~: M~ ~or ~ Sch~ffie I - ~d Use S~ ~ ~e ~ck~Offici~ P~ &e ~ ~ lo~ ~ ~e W~ N~~; - ~e ~ Co~r ~i~on p~ ~d~fi~ ~mm~, c~ ~d ~o~ ~ ~ a ~e ~d ~ s~g a broad ~ ~ d~on ~ ~ - ~ ~s ~i~o~ ~e ~m ~ss l~le fl~ ~e for ~e m~g of goo~ ~d s~c~ ~ ~ be d~in~ by ~t~ific zo~g ~m floor ~ ~d~ ~D of ~ m ~ ~clu~g 2.5 FSI ~SI is c~c~at~ by · ~g ~e m~ b~g fl~ ~ by ~o m~ lot ~); ~ ~.hing p~o~ ~ ~ofio~ ~d '~siom for ~ Use ~, ~c~ ~ ~ve p~ -~te~ m= ~r a ~ ~e~ of ~ ~d p~, ~d ~m~g . _. ~ffi~ or= ~e. ~ ~ s~fi~ 15.14 of~e Offici~ PI~ ~s~ ~e n~ for ~ ~p~t ~es for new or ~d~ ~ss l~le fl~ ~ for ~e m~g of g~ ~d s~; Co.cfi ~ for ~e ~elopm~t of 2,5~ ~e mo~ or mom, ~d may for d~olopm~t of 1~ ~ 2,5~ ~ m~, r~ a ~1 ~t ~y to j~ · e ~p~t of ~e p~s~ fl~r-~ for ~e r~g of go~ ~d s~ces, ~d to d~om~e ~ ~ch ~o~ fl~ ~ ~1 not ~d~y ~t ~e ~ab~ of ~y 1~ ~~ or ~olop~ for &e ~g of go~ ~d s~; &e ~o~ to p~t re. cie ~ ~ ~ ~li~hm~ hotel ~m~ club, re~l, offi~, r~ ~ci~ p~ssible m~ of~e ~ C~dor ~o~ M~ 16 of ~e Pi~ P~ id~ ~e subj~t ~ ~ 1~ ~in a Detailed - R~i~ Ar~; s~fion 11.2 of ~e Offi~ P~ ~c~ ~ Co.cfi ~y ~t d~elo~t ~&~ for ~y p~ of a D~ R~ ~vo~ ~ ~1~ a d~ ~ p~or to ~g ~ d~clo~cnt ~ &e ~; ~ ~ ~ &e Kin~ton Road Condor Urban D~i~ D~elopm~ ~li~, w~ch ~t ~e ~bj~t ~&; once ~cfl ~ adop~ d~elo~mt ~dc~, dcvel~mmt s~ ~ly ~ ~; -. - s~fion 10.5 of &c Pick~g Offici~ P~ id~ m~fi~ of w~~ ~d ~ ~do~ ~ ~ ~ ~d ~ ~e ~d ~e, wh~ ~opfi~e, ~e ~mm~d~ of ~ ~~ R~o~ m be how~, s~fion 10.6 of &e ~&~g PI~ ~ ~ ~ ~ ~d~ ~t~om ~ ~los~ of limi~ ~o~ of w~~ ~ ~ ~ ~ by ~ s~g pl~ ~ ~fio~ s~fion 10.19 of ~e Offi~ PI~ ~ ~at ~il ~y p~t ~fio~ to w~~ or ~ ~, ~lu~g ~e p~t of ~1, o~y follo~g ~e ~pm~c ~mv~ of ~c rcl~t ~afion ~o~ ~d ~e ~ ofN~ R~, ~ n~s~ ~, ~h~e ~ - R~o~ ~~t of v~ of ~c ~k ~bu~ ~ Shoreline a~ ~ ~do~; ~ong o~ ~, ~s d~on ~y ~t n~ d~el~mt d~on on Scheme ~ (w~ch r~mm~o~ of ~ ~~ R~oR; Information Report No. 15-01 'ATTACHMENT ~ "-~-' TO "~. Page 3 - sections 15.9, 15.11 and.. Appendix H indicate that CoUncil shall for major development, and may for minor development, require the submission of an Environmental Report, as p~zt of the consideration of an application on. lands designated Shoreline and Stream Corridor, . - Schedule T~ - Transportation Network designates Kingston Road as a Type B ~trterial, and a 2~ransit Spine; Type B Arterials are designed to carry moderate volumes of traffic at moderate speeds, within the municipality;, they generally have a right-of'way width between 30 to 36 metres; 3.3 CompendiumDoeument to the Piekering Ollielal Plan - Council adopted the Kingston Road Corridor Urban Design Development Guidelines to formulate a vision for.transforming Kingston Road into a mainstreet; under the Guidelines, the subject lands fall within the Whites Road Corridor precinct, which extends from Rosebank Road to the Clq rail overpass; - the Guidelines reco~ni~,~ the Whites Road Corridor as an area as having good visibility from Highway401, with highway access'at Whites Road; further, the Guidelines acknowledge that this precinct will generally maintain its auti>-oriented focus and land uses, but will provide pede~a~an ameoity ~ones and linlc~ at si~maificant intersections; - the Guidelines identifj a number of objectives, urban form, and economic development provisions, for this. precinct, .including: · a mix.of land uses should be allowed on either side 0fKingston Road; ' * automObile'.dependant uses may be encouraged to locate in this precinct since it offers good visibility fzom Highway 401; · buildings should be located closer to the street; · mid-riac buildings should be allowed on the south side of Kingston Road, with a minim~tm building height of 2' storeys; · it is an objective to create a corridor that supports a high volume of vehicular traffic but. with pedestrian amenity zones; · it is an objective to create a clear separation between pedestrian activities and vehicular spaces; and · clear, safe and welcoming pedestrian routes shall be provided from intersections to individual commercial deveiopments; 3.4 Zonin~ By-law 3036 - the subject lands are zoned by Zoning By-law 3036, as amended by BY-law 2284/86 and By-law 3254/89; the By-law establishes' two different zone categories for the lands, as follows: · parcel 1 is zoned as "CA3-3", which permits a vehicle sales or rental establjghment~ and · parcels 2 and 3 are zoned as "SC-8", which permits a hotel that may include a commercial glub and retail store, with a restriction on the maximum floor area for retail stores of 500 square metres; the spplication is to permit, on all three parC'elS, all of the uses currently permitted by both the "CA3-3" and "SC-8' zone' categories, in addition to a broader mixture of commercial uses as permissible under the Mixed Conidor designation; the applicant is proposing additional uses such as business and professional office, restaurant, fmaneial institution, day nursery, personal service shop and other similar commercial · and commRulty USES. 4.0 RRSULTS OF CIR~ON (see Attachments #2 & 3) 4.1 Resident or Landowner Comments - t° date, no comments have been received bom either residents or abutting landowners; · Pag~ 4 ]nformation Report No. 15-01 .: ~TTAC~#., ~'~ TO _1_ 6 P, EPORT 4.2 ~enev Comments Durham DiStrict S~hool Board - has no objections to the proposal (see Attachment #2). Yefidian Corporation - agrees to the inclusion of its property in the rozoning application, and to the ~hange in ~ the zoning to the proposed mixed, use; - Veridian also indicates that once the property is rexoned, Veridian would be prepared tO undertake discussion with Picketing Holdings Inc. to determine the best use.of the property (see Attachment #3); 4.3 Staff Comments 4.3.1 Permitted Uses - the suitability of the proposed range of uses requested to be included in the zoning for the hinds must be examined; the appropriate performance standards~ restrictions, and provisions for the requested uses must be established; - the requirement for a market study to support the floor apace for the retailing of goods and servieeg must be determined; 4.3.2 Urban Design - the appropriate performance standards, restrictions, and provisions required to implement the Kingston Road Corridor Development Guidelines must be reviewed and established; - eonsidoration must be given to whether additional Development Guidelines are required to guide development of the site; 4.3.3 Amberlea Creek and Stormwater Management -. the appropriateness of piping the. tributary of Amberlea Creek must be reviewed; it is noted that the tributary is piped all upstream of Sheppard Avenue, and portions of the tributary are piped downstream under'Highway 401, and the' CN Rail; some downstream reaches of, the Creek are experiencing stream and valley erosion; the location of the remnant reaches of the open channel on the subject lands, and on the lands to the north, fi'ustrates the land use and urban .design objectives contemplated for these lands; accordingly, there appears to be some merit in enusidering piping of these remnant pieces 6fthe watercourse; however, aa appropriate Environmental Report is required to support the request; the report must examine the impacts to the m'butary both upstream and downstream, and justify the benefit of piping' the creek; f~om an environmental perapeetive, it is anticipated that any justification would be required to demonstrate how the implementation plan would result in a net benefit to the watershed; tO-date, no report has been submitted by the applicant4 ultimately, any application to Pipe the creek would be required to receive appropriate approvals and permits, for fill and alteration to a watercourse, from the Toronto and Region Conservation Authority, and the Federal Department of Fisheries, and possibly the Ministry of Natural Resomv, es where required; however,, there is also an interest by the owners of lands located to th.e ~aorth of the subject lands, between KingstonRgad and Sheppard Avenue, to pipe the tributary of Amberlea Creek through their lands; accordingly, there is an opportunity for all landowners to undertake a single study;, the City is one of these landowners; Inf°rmation Report No. 15-01 ~ ~T}'AC~ ~,,,',~-~ 10 Page 5 17 - ~ ~fio~ ~e Ci~ is e~ently md~g a ~ow of ~e..dom~ r~h of ~bgl~ :~eek w~ch is e~mmg ~e ~osion probl~; work ~sociat~ wi~ ~ ~s ~figafion / restoration pmj~t a~ to dup~te m~h of ~e effo~ ~ for ~e pip~g j~cafio~ a ~~ve eff~ be~ ~e Ci~ ~d ~e o~ ~t~ ~do~ woffid ~p~ to be ~e mo~ ~te~c appro~h to ~mpl~g ~e r~ ~po~ ~ ~on is r~ on how ~' ~ropfiate En~m~ R~ ~ b~ co~let~ op~fi~ for m~omfion ~e c~fly b~g ~lo~ ~u~ a pm~ r~ of ~e l~ l~g imm~ately no~ of ~e Boy~ / Pick~g Ho!~ / Vefi~ I~; re~ of wh~ ~e m~u~.~ ~tely pip~ ~e ~c mn~ufion of ~e Pick~g Hol~ 1~ for ~o~w~ ~g~t p~os~ (~ch ~y ~clude flow detention ~or q~ ~t), ~ ~o ~ve to be re~ ~ou~ ~s app~cafion; 4.3.4 Relafiom~p ~ '~o~ ~' ~ - 1~ to ~e no~ of ~e ~j~t ~ ~e ref~ ~ ~'Ci~ p~g docmen~ ~ ~e '~o~ Q~t"; ~e No~t ~t is ~e block of l~d bo~d~ g~y on ~e sou~ by ~on Ro~ on ~e w~t by ~ Ro~ on ~e no~ by Sh~p~ Argue, ~ on ~e ~ by ~e ~ ~ch of ~e ~b~Im C~k ' (~t of ~e D~on Sch~l ~); - ~ not~ ~ove, ~e s~e ~ ~bu~ of ~b~Im'~k ~at p~s~ ~u~ ~e c~ poffion ~e No~ ~aa~t flows ~d~ ~ton Ro~ ~d tongues ~u~ ~e Picke~g Hol~ pmp~ - Co,cfi h~ ~opt~ '~e ~o~h~t ~rant D~elopm~t ~idelin~, for ~ese 1~; ~ ~fi~ ~o p~eE on ~e w~ side of ~t~ Ro~, mu~ of D~ak S~eeh ~e ~o gov~ by ~e s~e ~de~; - ~e No~ ~t Gffide~ ~n~pl~e a ~ ~t~i~ ~-me devel~m~ ~ ~bmfi~ ~d~d p~g; ~e ~on ~ c~ ~o~d m ~t~ ~id~fi~ ~ ~n~g on a p~c '~g' m~ ~ ~ ~t~ ~e~ p~k; ~ ~fio~ comm~i~ ~d offi~ ~, ~ office ~d offi~ m~, ~e p~ ~ong ~e ~ton Ro~ ~d ~ Ro~ ~nmg~ ~fivel~ · e Ci~ ~. ~iv~ sev~ d~el~m~t ~mfiom for 1~ ~hln ~e No~ ~h ~u~g ~siom m ~e ~de~; ~e c~gm relate ~ ~e ~g~ of m~, d~.ma~, pm~sion of ~e p~ ~on of ~e ~t~ ~g m~ ~d ~s to ~e ~ ro~ n~or~ ~ ~fio~ ~e Ci~ is awm of o~ d~el~t ~t~ for ~ ~ ~e ~g ~more, s~ om~ of lm~ ~u~ whch ~e ~bu~ of ~lea C~ek flows, ~e ~t~ ~ pip~g ~e ~ ~ou~ ~e Ci~ ~ ~ some ~ ~ ~pl~g ~e ~on set Out ~ ~e G~de~es, ~ m some on-gong c~g~; ~e chall~g~ ~clUde ~e ~t~st ~p~y ~mm~i~ d~lopm~t ~ja~t m ~n Ro~ ~e cost of~d l~k of ~t~ ~ ~d~d p~ ~e diffic~ ~ ~pl~g ~e ~te~ public ro~.~ ~e location of~e ~bu~ ~u~ ~e block; - ~ ~ effo~ to be more pm~five ~ wo~g ~ ~elopm~t ~, ~e Ci~ is mmide~g a ~ew of ~e No~ ~t Developm~t Gffide~; ~ou~ ~e precis, ~ ~d ~g '~ sfi~ ~d~ ~sc~o~ pm~ wo~ clone to ~te su~ ~t ~e renew wo~d look ~: miom to ~e ~g~t of l~d m~, w~e ~ining k~ ~ desi~ obj~v~ ~d M~g reg~d to ~e ~mm~ mnt~; ·~e ~t~ ~s ne~o~ ~ou~ ~e bl~ ~d e~ a~ss m ~d ~om ~e s~o~g s~; ~d · ~e ~t~fi~ for pip~g ~e ~b~l~ Cr~ ~b~. Information Report No. 15-01 ATTACHMENT # r~ TO Page 6 .18 based on a preliminary Study design, it is anticipated that staff would work closely with landowners on finding common ground between th~ interests and the City's; but, it is suggested at this time. that a'new approach, ~ a consultant' who is a facilitator with urban design expertise, or an urban designer with exportis~ in facilitation, may best accomplish this task ina timely manner; additional consulting help would also be required in two technical areas not currently available on staff; consultants would be required.to complete a traf~H~ analysis, and the environmental /engineering report for the piping of the tributary;, the consultants' work would provide input into, and support, any revisions to. the Northeast Quadrant Development Guidelines; based on a preliminary .study design, it is also anticipated that staff would work closely with the comm~lllily tO understand issues and concea'ns so that neighbourhood development continues to achieve an appropriate fit; the representative for the Boyer/Pickefing HoldingsNeridian lands has indicated at a prellmlnary level that his client is interested in having the subject lands included in the review of the Northeast Quadrant Development Guidelines, pgrticularly with respect to the environmental report on the piping of the tributary, and traffic/access should a review of Northeast Quadrant Development Guidelines proceed, recommendations on this zoning by-law amendment application would await the outcome of that process; 5,0 PROCEDURAL INFORMATION written comments regarding this proposal' should be directed to the pl~nnlng & Development Depariment; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a pJsnning 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 tho City before Council adopts any oft~cial plan amendment of by-law _. for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 . OTHER INI~ORMATION 6.1 Appendix I ~ those whose comments on the proposal were received at time of writing are listed; 6.2 Company Prin¢ipai~ Mr. Michael Boyer is the principal of both Michael Boyer Enterprises and Pickering Holdings Inc., Mr. Alex Artuchov is representing Mr. Boyer. ' Steve Gat~nt, MCI?, RI'? ~ Cath~t'ine L. Rose Planner 2 Manager, Policy sG/jf Copy: Director, Planning & Development ATTACHi'~iENT #_ ~'~ ,TO REPORT # PD "~ ~ - ~ 9-- APPENDIX I TO INFORMATION REPORT NO. 15-01 coMMENTING RESIDENTS AND LANDOWNERS (1) None received to date coMMENTING AGENCIES- (l) The Durham District School Board (2) Yefidian Corporation COMMENTING CITY DEPARTMENTS (1) Planning'& Development ? ~ATTACHMENT #.-''~ ,TO REPORT # PD "~ ~ - 0 9.- 2O Excerpts of Statutory Public Information Meeting Minutes of Thursday, May 17, 2001 STATUTORY PUBLIC INFORMATION MEETING MINUTES A Statutory Public Information Meeting was held on Thursday, May 17, 2001 at 7:00 p.m. in the Council Chambers. The Manager, PolicTDivision, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration thereat. (II) ZONING BY-LAW AMENDMENT APPLICATION A 40/00 PICKERING HOLDINGS INC., ET AL. PART OF/LOTS 27 & 28, BF RANGE 3 (SOUTH SIDE OF KINGSTON ROAD~ EAST OF WHITES ROAD) 1. Steve Gaunt, Planner II, provided an explanation of the application, as outlined in Information Report #15-01. 2. Alex Artuchov, representing the applicant, advised that he was present to answer any questions. 3. Sylvia Spencer, 771 Sheppard Ave., questioned when the loud speakers will be removed and stated her concern with the watercourse. 4. Paul White, 507 CliffvieW Rd., advised that he has no objection to part of the uses, eg. hotel, but there is no need for more plazas or strip malls. Pickering has become very congested and innovative development should be planned for the gateway to Pickering. 5. Alex Artuchov, representing the applicant, advised that the watercourse is subject to a number of agency approvals and that Picketing has asked for uses to be intensified. He further stated that an attempt is 'being made to create an interesting and varied streetscape along Kingston Road. ATTACHMENT CITY OF PICKERING pLA~{N~HG AND ' July 31, 2002 Steve Gaunt, Planner II Planning & Development Depadment One the EsPlanade The Regional Picketing, Ontario Municlpall~ of Du~am L1V 6K7 Planning DepaAment Dear Mr. Gaunt: 1615 DUNDAS ST. E: 4TH FLOOR, ~NGTOWER Re: Zoning ~endment ~plication ~0/00 WEST BUILDING Appli~nt: Picketing Holdings Inc. et al. P.O. BOX 623 WHITBY, ON L1N 6A3 Lo~tion: - Lo~ 27 &.28, Range. 3 B.F.C. (905) 728-7731 Municipally: Ci~ of Pi~edng F~: (905) 436-66~2 ~.reoion.du~am~on.ca W'e have. reviewed this appli~fion and ~e following ~mments are Offered with A.L.'Georgleff, MClP, RPP res pecttO ~mplian~ with the Du~am"RegiOnal Offidal Plan, the proposed Commiss,oner of Planning method of se~icing and delegated provincial plan review, responsibilities. ~e purpose of the appli~tion is to expand the uses pe~i~ed on' the subje~ lands in order to add vehicle sales and rental uses ~ the eastedy poAion of the subje~ site and to in,ease the range of other ~mmerdal uses on the entire site. In'addition, the appli~ntis also proposing the enclosure of.the water~urse that flows through the eastem poAion of the subject prope~. The subject proPe~ is designated '"Special Study Area A? in the Durham. Regional Official Plan. This ama presently containsa mi~um of residential, retail, pemonal se~i~, and industrial uses. The policy of this Plan is to maximize the araB'S highway exposure as a mainstmet and gateway to the Region. ~velopment shall be intensified .in a manner that will not adversely affe~ similar development withinthe Main Central Areas of Picketing. The improVement of its visual impa~ from Highway 401 and. Highway2 shall be a major'considemtion in the development of the ama. The proposed amendment appears to be in ~nfo~i~ wi~ ~e Du~am Regional Official' Plan. Municipal'Water Supply and Sanita~ Sewer Sewice Municipal water supply and san~ta~ Sewer se~ices are available to. the subje~ pmpe~ from the existing 200 mm wate~ain and 200 mm sanita~'sewer on Kingston Road. Transpo~ation The subject I~ds abut Kingston Road and the Highway 401 westbound romp te~inal at Whites Road. A~ss ~nditions for the lands were addressed. through the "Kingston Road - Whites Road Nodheast Quadrant TmnspoAatiOn 100% ~ost Consumer ATTACHMENT f-~::~ TO REPORT.#' PD .?'2 H '~'0 ~ 22 Page 2 .Study" completed by TSH Associates in May, 2002. The Study indicated that ' the existing driveway to the Picketing Holdings Inc. landS and the Veridian Corporation.lands may be restricted to right-in/right-out in the future through the introduction'of a raised centre-median island. The timing of the median construction would depend on development plans to the north side of Kingston Road'and the need for restricted access from a traffic and safety perspectiVe.. The Study also recommended that'a ddveway connection between the MiChael BOyer Enterprises lands and the Pickering Holdings Inc. and Veddian CorPoration lands be established through future development.plans. This would maintain full movement access for the Picketing Holdings Inc: and Veddian.Corporation lands via a connection .to.the traffic signal at Delta Boulevard in the event that the' existing enti'anceway is restricted to'right- in/right-out. The Region supports the City of Pickering's intention to secure a reciprocal easement agreement a's a condition of aPproval for this applicat, ion to permit.the ddveway connection to occur, as'it is the most. reasonable approach for ensuring future access objectives are achieved. The applicant should' be advised that the Region Will request the registration of an advisory of future access restrictions on. title at the time of site plan 'application, The Region will also confirm the need for.any road widenings and estimate the. cost of any required road imprOvements at the site plan stage. This applicatiOn has been screened in accordance, with the terms of the prov!ncial plan review responsibilities. The Amberlea creek', traverses the subject lands. This creek shoUld be sufficiently:protected from. an'y adverse impacts 'of development on the subject site. These lands have also. been identified as having a high archaeological potential.. An archaeological assessment should be completed.. No further provincial interests appear to be affected bYthis Proposal. If you have' any questi~)ns or require additional information,, please call me: Yours tCuly, Ray. Davies, Planner Current'Operations Branch cc. . Greg Gummer, . Region of Durham Works Department R:\training~'d~zofling~oicke~ ng~a40.00.d oc 71 onservatton . o ,wo ~~ TORONTO AND REGION 2 8 2001HAY 2 8 00! ClTYOF PICKERING CITY OF PICKERING P~NNING AND PICKERING, ONTARIO May 22, 2001 -"'"""' City of Pickering Planning Department- Pickering Civic Centre One The Esplanade Pickering, Ontario LlV 6K7 Attention: Catherine Rose Dear Ms. Rose: Re: Zoning By-law Amendment Application A40/00 Part of Lots 27 and 28, B F Range 3 South Side of Kingston Road, East of Whites Road City of Picketing (Pickering Holdings Inc. et al) We acknowledge receipt of the above-noted application and offer the following comments. A review shows plans to rezone the property in order to expand the works permitted on the subject lands and to permit an increased range of other commercial works on'the entire site. A small tributary of flows through the subject property. The applicant is also proposing the enclOsure of the watercourse. Staff cannot support the rezoning by-law amendment as proposed. The Authority's Valley and Stream Corridor Management Program provides the protection and enhancement of watercourses in their natural state. In accordance with the Ontario Regulation 158 a permit would be required prior to any alterations to the watercourse. Stream corridors are formed by natural processes which continue to influence their landforms, features and functions today. They are dynamic systems. These corridors convey, and provide storage of, storm and melt waters. They are important areas for groundwater recharge and discharge. They perform several.ecological functions which include nutrient and sediment transport; provision of fish and wildlife habitat and migration routes; air quality improvement; noise level attenuation; moderation of microclimates; and the maintenance of a genetic pool for native flora and fauna. They are important biological and physical linkages which both contain and link many of the provincially, regionally and locally designated significant natural areas. Valley and stream Corridors are valued landscape units providing diversity and contributing to environmental quality and the provision of open space. 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (4!6) 661-6600 FAX 661-6898 www. trca.on.ca ~}~ ATTACHMENT ~-. 4 REPORT # PD Ms. Catherine Rose - 2 - May 22, 2001 While we recognize that this particular watercourse has been altered upstream of Sheppard Avenue, open portions continue to play a vital role in preserving the Frenchman's Bay watershed. In light of the above, we reiterate that we cannot support piping of the watercourse feature on the subject lands. We would be pleased to discuss the benefits of relocation of the watercourse in an open natural state. If you have any questions, please contact the undersigned. Yours truly, Plans Analyst Development Services Section Ext. 5306 RW/ap 'ATTACHMENT # ~-~ .TO REPORT # PD PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM MAY29,2001 To: Steve Gaunt Planner II From: Robert Starr Supervisor, Development Control Subject: Zoning By-law Amendment Application A 40/00 Pickering Holdings Inc., et al Part of Lots 27 and 28, Range 3, B.F.C. (Sohth side of Kingston Road, east of Whites Road) City of Picketing .... We have reviewed the above-noted application and provide the following comments: 1) A stormwater management report and supporting studies are required to determine the possibility and / or feasibility of enclosing the stormwater channel. The results of which will better determine the useable area of the proposed rezoning. 2) Sidewalk and boulevard improvements along Kingston Road should be completed to the east limit of the rezoning application. Partial recovering is provided by development charges. 3) The applicant will be required to provide e~sements to the City for all existing or proposed stormwater management purposes. 4) Any proposed off-site works and / or works involving relocating or enclosing the stormwater channel will need to be addressed in a development agreement with the City. Robert Starr U/pr m ~a tk-,tlat ~m m~tk~i~Comm rout A40-00.d~: Copy: Development Approvals Co-ordinator RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY 1. That Zoning By-law Amendment Application A 8/02, be APPROVED subject to the conditions outlined in ^ppendix I to Report No. PD 40-02, to permit the establishment of a second dwelling unit in the main dwelling unit, submitted by D. & J. ldacKemcher, on lands being Part Block K, Plan 418 (Part 2, Plan 40R- 12933), City of Picketing. 2. That the Applicants' request to provide vehicular access to the site from Cowan Circle be DENIED. REPORT TO THE PLANNING COMMITTEE 27 Report Number: PD 40-02 Date: August 23, 2002 From: Nell Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 8/02 D. & J. MacKeracher 501 Rosebank Road South (Part Block K; Plan 418) (North-east corner of Rosebank Road and Cowan Circle) Recommendation: 1. That Zoning By-law Amendment Application A 8/02, be APPROVED subject to the conditions outlined in Appendix I to Report No. PD 40-02, to permit the establishment of a second dwelling unit in the main dwelling unit, submitted by D. & J. MacKeracher, on lands being Part Block K, Plan 418 (Part 2, Plan 40R-12933), City of Pickering. 2. That the Applicants' request to provide vehicular access to the site from Cowan Circle be DENIED. Executive Summary: The applicants' request a change to the zoning by-law to permit the establishment of a second dwelling unit within their existing dwelling. The current zoning allows only one dwelling unit. The property is located on the north-east corner of Rosebank Road and the south part of Cowan Circle (see Location Map, Applicant's Submitted Plan, Attachments #1 & #2). It is recommended that the requested zoning amendment be approved, subject to conditions. The new door proposed for the south side of the house for access to the second unit is not a substantial change to the elevations of the existing dwelling. The house will continue to appear as a single dwelling unit. The alterations will enhance the south wall of the house, improving the streetscape on Cowan Circle. The applicants' proposal to introduce an additional driveway off Cowan Circle to accommodate parking for the second unit is not supported. The existing driveway provides adequate parking for a second unit. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. PD Report 40-02 Date: August 23, 2002 Subject: MacKeracher (A 8~02) Page 2 Background: 1.0 Comments Received 1.1 At June 19, 2002 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 and ~4) From Residents Opposed: - backyard parking pad detracts from area - increased parking on street - second units not in character - precedent setting 1.2 Following Information Meeting Residents In Support: Residents Opposed - only affects 501 Rosebank Road - parking on street and on-site - not precedent setting - safety of children - accommodating elderly parents - increased densities - (see Attachment #5 - form letter - inappropriate development signed by 16 residents) - (see Attachments #6 to #8) From Applicant (Response Addressinq Residents Concerns): - proposal is in compliance with City's Official Plans - increased density is still lower than what is permitted - on-street parking to be dealt with by by-law enforcement - character of neighbourhood will be retained - (see Letter, Attachment #9) From A.qencies: The Durham District School Board - no objections Durham Planning Department - conforms with Regional Plan - no provincial interests Canadian National Railway - requests noise analysis and warning Properties Inc. clause in offer of purchase and sale Veridian Corporation - no objections; applicant must obtain approval of any proposed electrical work PD Report 40-02 Date: August 23, 2002 .~. 9 Subject: MacKeracher (A 8~02) Page 3 From City Departments: Municipal Property&Engineering - sufficient off-street parking to be available; existing driveway permits parking of 3 vehicles (see Attachments #10& 11) Fire Prevention - construction must meet Building and Fire Codes 2.0 Discussion 2.1 Site-specific Zoning Application Won't Prejudice On-going City-Wide Zoning Review of Two-Unit Houses The City's official Plan encourages a broad diversity of housing by form, location, size, tenure, and cost within the neighbourhoods and villages of the City, so that the housing needs of existing and future residents can be met as they evolve overtime. Most zoning within the City of Pickering permits only one dwelling unit per lot. The City is in the process of completing a review of the Official Plan and Zoning By-law to establish criteria and standards for second units. Until such time as this review is complete it is appropriate that individual zoning amendments for second dwelling units be considered on their own merits. ^pproval of this application will not prejudice the City's second unit review process. 2.2 Existing House will continue to Appear as a Single Dwelling The existing zoning affecting the lands is 'R3', Detached Dwelling Residential Zone, which permits one dwelling unit per lot. The introduction of a second dwelling unit and associated building and site works within the existing dwelling and its impact on the established streetscape must be reviewed to ensure that the existing dwelling continues to appear as one dwelling. The main dwelling will have two units, with no indication of the existence of the second dwelling unit within the main dwelling. This second unit can be accommodated within the building without detection from outside, and thereby ensures that the visual impact and neighbourhood character within the Rosebank Neighbourhood is maintained. The Applicant desires to add an entrance to the south elevation, which fronts onto Cowan Circle South. PD Report 40-02 Date: August 23, 2002 3O Subject: MacKeracher (A 8/02) Page 4 The Planning & Development Department requested that the applicant provide an improved entrance feature for the flanking elevation, to create a positive visual impact and streetscape presence. As a condition of recommending approval, a conceptual flankage elevation drawing is required prior to forwarding the implementing zoning by-law for Council's approval. The applicants are in agreement with this condition. The visual impact of this zoning amendment proposal will be minimal. Canadian National Railway Properties Inc. noted that a noise report is required for the rezoning. However, the dwelling has been in existence for quite some time, and matters respecting noise attenuation were addressed during the original Plan of Subdivision process. Consequently, no new conditions respecting noise attenuation are necessary. It is recommended that the application be approved, to permit the establishment of a second dwelling unit within the main dwelling unit. 2.3 Existing 3-Car Garage and Driveway Provides Adequate Parking for Proposed Additional Unit The applicant proposes additional parking off Cowan Circle to accommodate the proposed second unit. The applicant's reasons for the additional parking are as follows: · Could partially eliminate the overnight on-street parking; · To eliminate on-street parking and overnight parking from Cowan Circle; · Parking on Cowan Circle with children running across, makes for a dangerous situation; · With the basement apartment in place, 2 cars could easily be added to the property, making a total of 7 parking spaces on-site. Currently, the property can support 6 parking spaces, 3 of the 6 are inside of the garage, but one space was specially built as a workshop, thus making only 5 spaces available; · Additional parking will also help the occupants which are elderly, and not able to walk long distances, and not able to negotiate stairs or significant grades, would benefit from the parking area in the rear of the property. The existing 3-car garage and driveway spaces available on the property provide sufficient parking to accommodate the proposed second unit. Additional parking in the rear yard from Cowan Circle on the site would attract attention to the home, creating a greater visual impact affecting neighbourhood character and would introduce a condition not common to single detached dwelling development. PD Report 40-02 Date: August 23, 2002 Subject: MacKeracher (A 8~02) Page 5 The introduction of a second driveway contradicts the principle of ensuring that the introduction of a second unit will not detract from the appearance of a one unit dwelling. The introduction of a second unit must blend into the community. To address residents concerns, and assist in maintaining the appearance of a one unit dwelling it is recommended that the applicants' request for a vehicular access from Cowan Circle to the site be refused. The City must approve any requested curb cuts, consequently should Council refuse access to the site from Cowan Circle, City staff will be advised to prohibit any such request. The issue of the provision of sufficient off-street parking has also been raised by the City's Division Head, Municipal Property & Engineering. While Mr. Holborn concurs with Planning staff that 5 6 vehicle parking spaces should be sufficient to accommodate the off-street parking demands of two dwelling units, he notes that any overflow of parking into the street should be addressed through Municipal By-law Enforcement. The applicant does not concur with the recommendation to prohibit access from Cowan Circle, for reasons stated in the first paragraph of this section. 3.0 Applicant's Comments The applicant concurs with the recommendations of this report with the exception of prohibiting vehicle access from Cowan Circle. · see Attachment Listing on next page PD Report 40-02 Date: August 23, 2002 32 Subject: MacKeracher (A 8/02) Page 6 Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Minutes from Public Information Meeting 5. Form Letter in Support from: Al Bonk - 503 Rosebank Road Catherine Coughlan - 433 Toyenvale Road Dan Coughlan -433 Toyenvale Road Bill KoichOpolos - 601 Rosebank Road Nicky Koichopolos - 601 Rosebank Road Susan Lee - 1040 Moorelands Cres. Tom Lee- 1040 Moorelands Cres. Clack MacGregor- 551 Rougemount Drive Emma MacKeracher-316 Dyson Road Eric MacKeracher- 316 Dyson Road Mr. & Mrs. MacKeracher- 501 Rosebank Road Joan Merrem- 318 Dyson Road Kalevi Pollari- 547 Dahlia Cres. Pat Pollari- 547 Dahlia Cres. Ryan Pollari- 547 Dahlia Cres. Gail Schumacher- 501 Rosebank Road 6. Opposition letter from Werner Muhm - 506 Rosebank Road 7. Opposition letter from Robert and Norma Chitterden - 504 Rosebank Rd. 8. Opposition letter from James and Adele Chaikalis - 719 Cowan Circle 9.. Applicants Response to Residents Concerns 10. City of Pickering - Municipal Properties & Engineering (Comments) 11. City of Pickering - Municipal Properties & Engineering (Memo to file) PD Report 40-02 Date: August 23, 2002 33 Subject: MacKeracher (A 8/02) Page 7 Prepared By: Approved / Endorsed By: G-e,~ff ~o~nahowski Neil Carrol~~'PP Planning Technician Director, Plann-'lrrg & Development Prepared By: Lyn~'~ T,a~lor, MCIP, RPP/ Manager, Development"Review GXR:jf Attachments Copy: Chief Administrative Officer Recommended for the consi,,~eration of ~Z/Pickering C~~_~ 'Thomas J. ~)u'i~n,'Chief Administrative Officer 34 APPENDIX I TO' REPORT NUMBER PD 40-02 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 8/02 1. That prior to forwarding an implementing zoning by-law to Council, the applicants obtain conceptual approval of the proposed door entry to the dwelling unit, on the flankage wall (Cowan Circle), from the Director, Planning & Development. 2. That the implementing zoning by-law permit the establishment of a second dwelling unit within the existing dwelling. ATTACHMENT REPORT t PD, Al"WOOD TOYNEVALE ROAD I ~ LAYTON CRESCENT MAITLAND DR. DR~ LAKE ONTARIO City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF BLOCK K, PLAN 418; PART 2, 40R-12933 OWNER DONALD MACKERACHER ~ DATE MAY 2, 2002 I DRAWN BY RC ~ APPLICATION No. A 08/02 SCALE 1:7500 CHECKED BY GR FOR DEPARTMENT USE ONLY PN-1 -PA- ATTACHMENT ~ ~ TO 3 6 INfOrMATION COMPILED FROM APPLICANT'S SUBMITTED P~N ~ ~ A 08/02 D. MACKE~CHER DRIVEWAY 3 CAR GARAGE <:[ · 3ENERA, L LOCATION OF 03 PROPOSED ADDITIONAL LI.J i PARKING AREA -o n." PR OSED COWA N CIRCLE THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, AUGUST 23, 2002. ATTACHMENT d',,, REPORT d' PD INFORMATION REPORT NO. 1%02 FOR PUBLIC INFORMATION MEETING OF June 19, 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 008/02 D. & R. MacKeracher Plan 418 Part Block K (Part 2, Plan 40R 12933) 501 Rosebank Road South City of Pickering 1.0 _PROPERTY LOCATION AND DESCRIPTION - the subject property is located on the northeast comer of Rosebank Road and Cowan Circle (southern extension) and is approximately 920 square metres in size with a lot frontage of 21 metres (see location map -Attachment # 1 ); the subject property currently supports a detached dwelling. - the surrounding land uses are residential to the north, south, east, and west. 2.0 APPLICANT'S PROPOSAL - the applicant proposes to amend the existing zoning on the subject lands to permit the establishment of a second dwelling unit in the basement of the main dwelling unit (see Applicant's Submitted Plan - Attachment fi2). 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan the Durham Regional Official Plan identifies the subject Iands as being designated "Living Area", where lands are to be used predominately for housing purposes; the applicant's proposal appears to COmply with this designation. 3.2 Picketing Official plan the subject property is designated Urban Residential ~4rea - Low Den, ity Area within the Rosebank Neighbourhood; Section 11.3 (a) of the Official Plan, Rosebank Neighbourhood, states that City Council shall; in established residential areas along Bella Vista Drive, Dyson Road, Pine Ridge Road, Rodd Avenue, Rosebank Road, Rougemount Drive, Toyenvale Road and Woodgrange AvenUe, encourage and where possible require new development to be compahable with the character of existing development; this designation permits residential development up to and including 30 units per net hectare for development within an Urban Residential ,4rea - Low Den, ity 'drea, the proposed development would provide a net density of 10.86 units per net hectare; - Schedule II of the Pickering Official Plan - Tran,vportation Sy, ter,~ designates Rosebank Road as'a Collector Road and Cowan'Circle as a Local Road; the applicant's proposal appears to conform to the applicable Official Plan policies. Information Report No. 17-02 ATTACHUk'NT # ~ TO 3 8 2 3.3 - the subject property is currently zoned "R3" - Detached Dwelling Residential Zone by By-law 2511; this zone permits the establishment of one detached dwelling unit on a lot with a minimum lot frontage of 18 metres and a minimum lot area of 550 metres square; an amendment to the zoning by-law is required to permit the establishment of a second dwelling unit in the basement of the existing main dwelling unit. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comment_, - no written resident comments have been received to date; 4.2 ~ no agency comments have been received to date; 4.3 Staff Commeot, - in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: · the compatibility of the proposed development with the existing built form; · examination of the existing parking situation on-site and grading, to determine its suitability in serving the proposed second dwelling unit. - this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. 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. 6.0 OTHER INFO~TION 6.1 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 Picketing Planning & Development Department; ~ Information Report No. 17-02 ATTACHMENT #_ _'~ TO REPORT # PD z"/'o-' 0 ,~ Page 3 3 9 Lynda D. Taylor'~'qt~p? PlUming Technician Manager, Development Review GXR/td Attachments Copy: Director, Planning & Development ATTACHMENT # ~ TO REPORT # PD. ,~-,-~0- 0 .~ APPENDIX I TO INFORMATION REPORT NO. 17-02 COMMENTING RESIDENTS AND LANDOWNERR (1) none received to date; COMMENTING AGENCI~,q (1) none received to date; COMMENTING CITY DEPARTMENTS (1) Planning & DeveloPment Department; ATTACHMENT//, ~z~0 TO REPORT # PD - o ~ Excerpts from the Statutory Public Information Meeting Minutes Pursuant to the Planning Act Wednesday, June 19, 2002 7:00 P.M. The Manager, DevelOpment Review, provided an overview of thc requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. Or) ZONING BY-LAW AMENDMENT APPLICATION A 08/02 D. & J. MACKERACHER PLAN 418, PART BLOCK K (PART 2, PLAN 40R-12933) 501 ROSEBANK ROAD SOUTH 1. GeoffRomanowski, Planning Technician, provided an explanation of the application, as outlined in Information Report #17-02. 2. Don MacKeracher, applicant, advised that he wishes to build a basement apartm~at-for his in- laws to reside in. ,~ -- 3. James Chaikaws, 719 Cowan Circle, stated his concern with the second uni~ due to thc increase in parking. He understands that a parking pad will be built in the back yard of the property but he enjoys the grecnspace between the two homes and does not wish to see this happen. He is also concerned with a precedent being set if this application is allowed. 4. Pat KellY, 713 Cowan Circle, stated her eoneem for the safety of the children and the potential for increased parking on the street which is already a problem. 5. Dave Breckan, 711 Cowan Circle, stated his concern with the prospect of this home being sold in the future, being rented out and absentee landlords who aren't concerned with the condition 6f the property. He also advised that he does not want a precedent set for the undeveloped land. 6. Bill Trapper, 491 Rosebank Road, questioned if this would lead to precedent setting for basement apartments. 7. Don MacKeracher, appli.eant, advised that access to his property is off Rosebank Road and that he is considering adding a parking pad in his back ~ 8. Nadene Trapper, 491 Rosebank Road, stated her concern with parking in the back yard and the potential for neighbours to make the same request. She questioned if this home could become a duplex if the MacKerachers moved. 9. Leon Sowa, 487 Rosebank Road, stated that if this application is approved there is a possibility of double population, increase in taxes, traffic, law enforcement officers, landlord and tenant disputes, noise, larger SChoolS and crime. 42 RECEIVED ATTACHMENT#_ 5 _m0 REPORT#PO /_~z~_O~ JUN ~ 5 200~ CITY OF PICKERING PLANNING & DEVELOPMENT OEPARTMENT Pickedng, Ontario Planning and Development Department, City of Picketing, Picketing Civic Comples One the Esplanade, Picketing, Ontario, LIV 6K7 Attn: Geoff Romanowski, Planning Technician.' Dear Sir, Please be advised that I am in support of Mr. and Mrs. Don and'Janet -" MaCKeracher's application for an amendment to Zoning By-Law 25111 to allow the construction of'a basement apartment in their home. This application will only aff~:t the property at 501 Rosebank Road and is not precedent setting. The application conforms to the Official Plan for the Rosebank neighbourhood and was requested so that Don and Janet could provide accommodation for Janet's Mother and Father who are elderly and not in good health. Yours Truly, .~. Identical letters received from the following homeowners: Al Bonk- 503 Rosebank Road Emma MacKeracher-316 Dyson Road -Catherine Coughlan -433 Toyenvale Road Eric MacKeracher- 316 Dyson Road Dan Coughlan - 433 Toyenvale Road Mr. & Mrs. MacKeracher- 501 Rosebank Road Bill Koichopolos- 601 Rosebank Road Joan Merrem- 318 Dyson Road Nicky Koichopolos - 601 Rosebank Road Kalevi Po,ad - 547 Dahlia Cres Susan Lee - 1040 Moorelands Cres. Pat Pollad - 547 Dahlia Cres. Tom Lee - 1040 Moorelands Cms. Ryan Pollad - 547 Dahlia Cres. Clack MacGregor- 551 Rougemount Drive Gall Schumacher- 501 Rosebank Road ATTACHMENT # ~ TO JUN 2 0 June 18, 2002 CITY OF PICKERING City of Picke~g Planing & Development Dep~ent ~ ~ C Picke~g Civic Complex 1 ~e Espl~ade J U ~ ~ '~ 2002 Picke~g, ON CITY OF Mr. Wemer Muhm 506 Rosebank Road South Picketing, ON L1W 2N5 To Whom It May Concern: Re: Zoning By-law Amendment Application A 008/02 501 Rosebank Road South, Picketing, ON I have received the notice for the above mentioned application and would like to object to the proposal for the following reasons: · Rosebank Road South is already faced with the problem of parked cars on the street to the point that it is impossible for two cars to pass at once. It appears that 501 Rosebank Road South does not have adequate driveway space to accommodate another car. I am concerned that if a second dwelling is permitted this will add to the congestion already on the street. · The houses on Rosebank Road South have remained one dwelling units for some time and I would like to see it kept that way. I hope that my comments will help in your final decision. A~ACHUE.T ~-7 ?0 719 Cowan Circle RECEIVED ~ CITY OF PICKERING REPORT # PD_ z~ _ 0 ~ - Picketing, Ontario. JUN 2 7 2002 LiW 3K6 Ci. ERK'S DIVISION JUN 2 7 ZOOZ ,, RECEIVED CITY OF PICKERING Dear Sir, PICKERING, Oll~r'ARlO ,JUN 2 8 2002 CITY Re. Zo~Ir~ Bv-/..aw ,Amerm~ A~/~ A 008/02 I understand that Mr. MacKefacherwan~to provide accomnxxte~ for his parents due to their advanced years. This, in itself, is highly commendable. Too many people are content to dump their parents in a senior's home and ignore them. However, I see no need for the proposed aiteaOons in order to accomplish this. If allowed, this will have the etfect c~ increasing density ralios in this aree~ It will set a precedent the outcome of which can not be measured. For exarnple, it is obvious that at sorne point in the future, this hornewill be sold. If apmlrnent wi~ income potenlial" What is ce~ain is that this would encourage sirrr~w~, pe~mps for the sole purpose of rental unitsto an asyet unknown number ~ residences. This would havea · Page 2 ATTACHMENT # '7 TO June 23, 2002 REPORT # PD z/zO' 0 ~. people. I cerlainly do not wish to seea driveway as dose to my own as is proposed. I have four children, two ofwhom are under two years of age. The added danger to my family is, I believe, obvious. This together with the possibility of my home losing value due to having a futura duple0dmrfel unit next We bought our han~ in ~~~ lOyeamago. Our decision to locate here~s largely molival~ by the ;ac;. that ~ betieved v~ were moving to a quiet, peaceful area ax] were c.c.W. Arthurs, Mayor M. Brenner, regional councillor. 4 6 --,-.--,~.-- ATTACHMENT,9_ ~ TO ,jUN ~ 7 2002 504 Roseb~ Rd. ScumR E C E ] V E D Picke~g, Onto CITY OF PICKERING CiTY OF PIC~,~ING L1W 2N5 J~e 26, 2002 ~. B~or CLERK'S DIVISION ~W of Piekofing 1 Tbe Espl~e Pi~ke~, ON L1V 6K7 Dear Sir: Zoning By-Law Amendment Application A 008/02 D. & R. MacKeracher - Plan 418 Part Black K RP 40R12933 Part 2 (501 Rosebank Rd. South) We wish to advise that we strongly object to the proposed amendment of existing zoning with regard to the above property. We have lived in this area for 25 years. Before having our home built, we researched the future proposals for this area and a deciding factor of our moving here, was that it was zoned as "Single Family Dwellings". We certainly pay enough property taxes to support a single family-housing environment. The Picketing Official Plan may identify the subject lands as being located with an "Urban Residential Area - Low Density Area" within the Rosebank Neighbourhood and it is for this very reason that families are attracted to the area. This is why just a few years ago, the residents of this area negotiated with the building contractor of the subdivision off Oakwood Dr. to forego a play park in order to keep lot sizes bigger. Is this also not an indication that the mtepayers of this area want to keep spacious living? In the past 25 years there has been a tremendous increase in traffic on Rosebank Rd. S. and it is no longer a quiet street. As you state in your letter of May 28, 2002, it is designated as a Collector Road - does this not indicate even higher volume of traffic in the future? We do not need the traffic and parking problems associated with multiple family dwellings. This particular area of the street has become much noisier with the installation of a 3-way stop sign. Many visitors park on both sides of the road (just over the crest of the hill) and within 10 metres of the stop sign, creating difficulties with getting in and out of our driveway. If the zoning by-law is amended to allow second dwelling units in basements, then this area will soon lose its uniqueness of being a 'self-contained' community and become overcrowded. What would be the next step after that? Townhouses? If this re-zoning is allowed to proceed that surely would be the next step because once re-zoning applies to one area, you can be sure it will only escalate from there. REPORT We were unable to attend the meeting on June 19m, 2002 and would appreciate being informed of the outcome of this and subsequem meetings regarding the passing of any zoning by-law amendment in this regard. Yo~s truly, ~7 ~ , ~,'" ~;' Robert and Norma Chittenden ATTACHMENT#_ <~ _TO 48 RECEIVED AU~ 0 2 2OO2 Don & Janet MacKeracher, CITY OF PICKERING 501 Ro~bank Road, P~NNING & DEVELOPMENT DEPARTMENT Picketing, On, do LIW 2N6. August 2, 2002. Planning and Development Department, City of Picketing, Picketing Civic Complex, One The Esplanade, Pickering, Ontado, ,~. ~ LIV 6K7. '" Attn: Geoff Romanowski, Planning Technician. Dear Mr. Romanowski, My wife and I are submitting these additional comments relating to our Zoning Amendment Application number A08/02 and the discussions which took place at the recent meeting with yourself, Mr. Randy Taylor and Mr. Don Schumacher and I on Thursday, July 25, 2002. At that meeting we were informed that the Picketing Planning Department would support our application with two conditions as follows: . 1) that the new entry way be designed to be more stylish to match the general style in common use in the neighbourhood and 2) that Planning would recommend that no additional parking beyond the existing spaces be permitted. Thank you and your colleagues in Planning for supporting the zoning revision we have requested. We are in agreement with the first condition and will work with our architects and contractors to come up with an entryway design which meets with your approval. Drawings will be submitted for your approval once the detail designs commence. We have great difficulty with the second condition that no additional parking will be permitted. Because the existing zoning bylaw defines the requirements for rear yard parking very clearly and because we are able to meet those conditions, we did not feel that any changes to the bylaw in this regard would be required and we did not address the issue in our original application. In order to clarify the situation, we would make the following observations: 1. We understand that the street parking in Pickering is limited to a 3 hour maximum. This is partially to eliminate ovemight street parking. 2. Parking along Cowan Circle contravenes the 3 hour limit as well as the intent of no overnight parking. Page 1 of 3 ATTACHMENT # c), TO REPORT # PD z/~>.O ~ 3. There are many small children who play in the roadway and frequently run across it among the residents of Cowan Circle. The parked vehicles make this a very dangerous situation and although there have been no accidents to date, we have great concern that the parking situation will soon result in a tragedy. We feel that it would be in the best interest of the community to eliminate any additional requirements for street parking resulting from our proposed basement apartment. 4. Our home currently is a 5 bedroom, 3100 square foot house. With the basement apartment, we would be adding what we expect would be 2 additional bedrooms to make the house a 7 bedroom, about 4300 to 4400 square foot living area residence. We already have 3 cars and we have two teenagers who are currently in the process of obtaining their ddving licenses. Once they are ddving, we will likely add two cars to the total. The basement apartment could easily add an additional 2 cars bdnging the house total to 7 vehicles without considering any specialized units such as mobile homes or RV's or boats etc. We currently have 6 parking spots. Three of the 6 are inside our garage but one of these was specially built as a workshop and is equipped with electrical distribution panels, insulation etc to make it a useable workshop. If we leave out the workshop, we are limited to 5 existing parking spots. This would leave a potential of 2 vehicles without on site parking. These vehicles would be forced to street park. 5. In the event that we receive any visitors, there would be no on site parking for them and they would be forced to street part. 6. The tenants for the proposed apartment are elderly and not able to walk great distances or negotiate stairs. By eliminating any additional parking spots, they would be forced to walk down a significant grade and over a distance of about 100 feet to access their entrance. This is not an ideal situation for seniors canying in groceries etc. and poses the dsk of injury in winter conditions. 7. We feel that the resident objection raised at the information meeting was a frivolous and desperate attempt to stop the project. In summary then, we would draw your attention to the following: i) It is very important that the proposed basement apartment not contribute to the street parking problem. ii) The proposed tenants are elderly and not able to walk long distances. Winter conditions combined with the grade present would present a potential for injury to them. iii)The current Zoning bylaw'permits rear yard parking. We feel that unless additional parking is included in the project, there will be much future dissension among the residents affected by increased street parking along Cowan Circle and Rosebank Road. We request that the condition relating to pa~Jng be reviewed and that Planning either allow the existing parking Page 2 of 3 'ATTACHMENT#_ '~ TO conditions in the current zoning bylaw to stand or recommend the addition of a minimum of two parking spaces to our property to support the basement apartment. Thank you for your kind attention, Don and Janet MacKeracher. Cc: Maurice Brenner, Ward I Regional Councillor, City of Pickering Dave Ryan, Ward I City Councillor, City of Pickering. A. R. (Randy) Taylor, Agent for the applicants. Don Schumacher, Proposed Tennant. Page 3 of 3 ATTACHMENT#.,, /0 'TO 5 11. OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION MEMORANDUM RECEIVED July 9, 2002 JUL 2 2 2002 Toi Geoff Romanowski CITY OF PICKERING Planning Technician .~.N~.e A.D DEVELOPMENT DEPARTMENT From: Richard Holbom, P.' Eng. Division. Head, Municipal Property & Engineering Subject: Zoning By-law Amendment Application A008/02 D. & R. MacKeracher Plan 418 Part Block K RP 40R 12933 Part 2 (501 Rosebank Road South) City of pickering The Municipal Property & Engineering Division is in receipt of the above noted application. I provide the following comments. Although the existihg driveway will permit parking for three vehicles, on-street parking may result from this application. Provision should be made to ensure that sufficient off-street parking is available. c~,/~d' Holbo Ri ~',/P. Eng. RH:ds Copy: Director, Operations & Emergency Services IAS1TEPLA_N~00B-02.docJul-02 Note: see Attachment #i 1 for updated comment. ATTACHMENT# II TO REPOR'I' # PD ~¢' ~) ,2 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM TO FILE Date: August 2, 2002 File # / Re: A 08~02 - I asked Richard Holborn if he would be able to offer some possible solutions for off-street parking for the property at 501 Rosebank Road South currently the property can support three cars in the driveway and three cars in the garage - staff believes that there is sufficient parking already existing on the site, and that by adding more spaces, it would attract more attention than necessary to the home, which is what we don't want to happen when supporting a second unit the main reason is that the P & D Department wants to maintain a single dwelling appearance of the home, not a multi-dwelling appearance - Richard replied that the parking sounds like enough, and it would be through by-law enforcement to make sure they are not overflowing onto the street and causing traffic problems, or breaking the three hour rule - if this occurs it will be evident through complaints Geoff Romanowski Gr~Itanowski/Attach 11 rholbo~n.doc RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY 1. That Zoning By-law Amendment Application A 04/02, be APPROVED subject to conditions outlined in Appendix I to Report No. PD 41-02, to recognize the existing automobile recycling operation, submitted by John Taylor Truck Sales Inc., at 3356 Balsam Road, being the South Part of Lot 5, Concession 5, City of Pickering. REPORT TO THE PLANNING COMMITTEE Report Number: PD 41-02 Date: August 22, 2002 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 04/02 John Taylor Truck Sales Inc. 3356 Balsam Road South Part of Lot 5, Concession 5 Recommendation: 1. That Zoning By-law Amendment Application A 04/02, be APPROVED subject to conditions outlined in Appendix I to Report No. PD 41-02, to recognize the existing automobile recycling operation, submitted by John Taylor Truck Sales Inc., at 3356 Balsam Road, being the south part of lot 5, concession 5, City of Pickering. Executive Summary: The applicant requests a change to the zoning by-law to recognize the existing legal non-conforming automobile recycling operation. The existing use is considered a legal non-conforming use in that it predates the by-law. Over the years, the owner has made applications to the Committee of Adjustment and received approval to permit the expansion of the existing use. The owner now wishes to rezone the property in order to formally recognize the existing use and obtain zoning property rights. (See Location Map, Applicant's Submitted Plan, Attachments #1 & #2). The application is recommended for approval to recognize a long-standing use. If the application is approved, the owner will proceed with improvements to the property as outlined in the existing site plan agreement. An amendment to the site plan agreement will be required to address certain proposed changes to the site. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Report to Council PD 41-02 Date: August 22, 2002 Subject: John Taylor Truck Sales Inc. (A 4/02) Page 2 5 5 Background: 1.0 Comments Received 1.1 May 16, 2002 Information Meeting At the Information Meeting five (5) residents spoke in opposition to the application (see text of Information Report and Meeting Minutes, Attachments #3 and #4) Residents Opposed - poor property management - delivery of vehicles at night, after business is closed - outdoor storage that is visible from the street -increased traffic 1.2 Resident Correspondence One correspondence received in opposition to the application, concerns expressed: - environmental impacts on water quality due to the storage of old vehicles - poor property management - visible outdoor storage land use not compatible with residential land use proposed for nearby lands (Fourteen Estates/Barclay Estates Ltd.) - (see Attachment 5) 1.3 Agencies Durham Planning Department - complies with Regional Plan policies - site in proximity to tributary of Carruthers Creek and former Lake Iroquois shoreline and an adequate buffer should be provided Toronto and Region Conservation Aulh~- no objections Durham District School Board - no objections Veridian Corporation no objections Report to Council PD 41-02 Date: August 22, 2002 Subject: John Taylor Truck Sales Inc. (A 4/02) Page 3 1.4 City Departments Municipal Property& Engineering - information should be provided on the storage of any hazardous material - the abutting road is not conductive to the operation of proposed use; a cash-in lieu contribution to upgrade the road to a hard surface facility is required Following receipt of comments from Municipal Property & Engineering staff discussed the comment regarding the cash-in lieu contribution to upgrade the road. The request was for a contribution of $500 per metre of frontage. The subject property has a frontage of 125 metres. Therefore, the required contribution would be $62,500. However, given that the purpose of the subject application is to recognize a long-standing existing use, as opposed to new development, it was determined that a contribution for road improvements would not be required as a condition of approval. 2.0 Discussion 2,1 Status of Existing Legal Non-Conforming Use The existing use is permitted on the subject property as it is a legal non-conforming use. This use may remain on the subject site, without the subject application, provided the auto recycling use continues to operate out of the existing building. The owner has, in the past, made applications to the Committee of Adjustment to permit the expansion of the existing use, the last application being in 1999 (file P/CA 78/99). The Committee of Adjustment could only permit the expansion of the existing building and not the replacement, as the existing building must remain in order to maintain legal non-conforming status. The owner, as a condition of the Committee of Adjustment approval, entered into a site plan agreement with the City and has constructed the new expansion with the exception of the required "breezeway" connection between the old and the new building and certain site improvements, including fencing and landscaping. The owner has advised that the old building is no longer functional and wishes to demolish it. In demolishing the old building, the "breezeway" connection between the buildings would not be necessary. However, removal of the old building would not be in keeping with the Committee of Adjustment approval or the site plan agreement, and would eliminate the legal non-conforming status of the property. The owner wishes to conclude the building construction requirements and then finish the site improvements as per the site plan agreement. Report to Council PD 41-02 Date: August 22, 2002 Subject: John Taylor Truck Sales Inc. (A 4~02) Page 4 2.2 Compatibility with Surrounding Land Uses When considering land use compatibility, the usual consideration is whether a new use that is being introduced into an area is compatible with the existing uses. In the case of the subject application, the use proposed by the application has been in operation for a long time. There is no new use being introduced. The purpose of the application is to recognize the existing situation. Any impacts on the surrounding area may be mitigated through certain site improvements, through a site plan agreement. 2.3 Site Plan Requirements The property is subject to an existing site plan agreement that requires certain improvements to the property, such as the erection of a fence and the establishment of a landscape area at the front of the property. Not all of the site improvements have been completed to date. If approved, an amending site plan agreement will be a requirement to reflect the elimination of the existing building and the incorporation of additional site improvements. As a condition of approval, it is recommended that the owner be required to erect a 1.8 metre high wood privacy fence along the northern property line, starting from the front of the new building and extending approximately 115 metres in length. This fence will also be required to provide a 'tie back' to the new building. On the south side of the recommended fence there is a proposed landscape buffer zone that will be required to be planted with high branching coniferous trees. The required additional planting of coniferous trees is in addition to the required planting that is to be completed as per the existing site plan agreement. The proposed privacy fence and the additional planting has been introduced to help screen the auto recycling operation from the abutting residential use (See Attachment #2 for location of proposed fence and trees). It is further recommended that the landscape area at the front of the building be appropriately established in such a fashion that it will not be used for vehicle drop-off. The area where the original building sits should be appropriately landscaped when the building is demolished. If the property owner intends to receive vehicles in non-traditional business hours the owner will be required to establish an appropriate drop-off location on the property that is located and/or screened from public view. The existing practice of having vehicles dropped off in front of the building after business hours is not considered appropriate. The front of the building will be developed with a formal parking lot and landscaped area. This area should not be used for vehicle drop-off. Therefore, to address the concern, a specific area must be identified as an after-hour drop-off area that is appropriately designed and screened from public view. This drop-off area will not be permitted in the front yard of the property. This will be a requirement of the amending site plan agreement. Report to Council PD 41-02 Date: August 22, 2002 Subject: John Taylor Truck Sales Inc. (A 4/02) Page 5 2.4 Appropriateness of the Application Given that the proposed use has been in existence on the subject site for a considerable amount of time and the applicant is modernizing the facility to become more environmentally sensitive and efficient, it is recommended that the application be approved and appropriate zoning standards be incorporated into the zoning by-law. It is recognized that the property owner can continue to operate the existing business on the property even if the application is refused as the use is legal non-conforming. However, by approving the application the City may require certain site improvements that will enhance the property and reduce the land use impacts. If approved, it is recommended that the zoning by-law restrict the area that can be used for the automobile recycling operation. The auto recycling operation will be prohibited in the western portion of the site that is currently vegetated. When the operation was before the Committee of adjustment, staff supported the development of the site as the new building was intended to substantially reduce the amount of outdoor storage on the property. With implementation of all outstanding site improvements from the original site plan agreement plus the additional requirements being suggested in this report, the operation should function in a more sensitive manner to both it's setting and it's neighbours. 2.5 Proposed Zoning It is recommended that a portion of the subject property be rezoned to permit the auto recycling use and the remaining portion be rezoned to an open space zone. It is recommended that the amending zoning by-law incorporate an "(H)" holding provision that requires the owner to enter into an amending site plan agreement with the City and construct the recommended wood privacy fence along the north property line prior to the removal of the holding provision. 3.0 Applicant's Comments The applicant is aware of the recommendations of the report. Report to Council PD 41-02 Date: August 22, 2002 5 9 Subject: John Taylor Truck Sales Inc. (A 4/02) Page 6 Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Minutes from Public Information Meeting 5. Rachel and John Murphy, 3080 concession Rd. 5, R.R. 1 Pickering 6. Region of Durham Planning Department 7. Toronto and Region Conservation Authority 8. Durham District School Board 9. Veridian Corporation 10. City of Pickering - Municipal Properties & Engineering Prepared By: Approved / Endorsed By: Ross Pym, MCIP, Neil Carro~,~,J~P~ Principal Planner- Development Review Director, Pla inr~.j.Qg~ Development Lynda-D./T'aylor, MCIP/PP Manager, Development Review RP:td Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pic ering CityCo c' ~// ~___~, ~ Thomas J. ouinn, ~i~ef A'[ministrative Officer APPENDIX I TO REPORT NUMBER PD 41-02 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 04/02 (a) That the implementing zoning by-law: (i) amend Zoning By-law 3037 by amending the zoning on the subject property to permit the establishment of an auto recycling operation. (ii) include appropriate performance standards that recognize the proposed buildings. (iii) include an "(H)" holding provision and that the requirement to remove the. "(H)" holding symbol be: 1. the owner construct 1.8 metre high wood privacy fencing along a portion of the norlhem property line 1~ the salJsfaca3n of lhe Director, Planning & Development; and, 2. the owner enter into an amending site plan agreement with the City that reflects the required changes to the site design including but not limited to, removal of original building and breezeway connection, required privacy fence along portion of northern property line, appropriate landscaping in the front yard and the creation of an appropriate intemal vehicle drop-off area that is screened from public view. REPORT ~ PD CON. RD. HIGHWAY / / / / PERTY City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 5, CONCESSION 5 APPMCANT JOHN TAYLOR TRUCK SALES INC. DATE APR. 11, 2002 DRAWN BY Re APPMCATION No. A 04/02 SCALE 1:10000 CHECKEDBY RP FOR DEPARTMENT USE ONLY PN-RURAL PA- ATTACUUE,'r,~ ,4. ,,,'ro REPORT I¢ PD /-'J I - 0,2. sJ.g'l N3]~IMJ.38 ~ONVMO'I]V CIVO~ avo~l INVS'lV~) ,,, , · ' ' ATTACHMENT TO REPORT # RD INFORMATION REPORT NO. 14-O2 FOR PUBLIC INFORMATION MEETING OF May 16, 2002 · IN ACCORDANCE WITH THE PUBLIC MEETING REQIHREMENTS OF THE PLANNING ACT, ILS.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 04/02 John Taylor Truck Sales'Inc. 3356 Balsam Road South Part of Lot'5, Concession 5 .City of Pickering 1.0 PROPERTY LOCATION ANDDESCRIPTION the subject, lands are located on the west side of Sideline No. 4 (Bktsam Road), between Highway #7 and thc Fifth Concession Road; _ a property location map is prodded for reference (see Attachment #1); -- - thc subject pwperty is "L" shaped, having an approximate area of 14.8 hectares; - thc subject prop~'~y currently supports an automobile recycling .operation on the. south half, carrying on business as #7 Auto Recyclers; - the north half of thc property is heavily vegetated; - the automobile recycling operation involves thc storage of the dilapidated vehicles, which are later di.,n~enfled, and parts stored and sold; surrounding land uses on all sides are agricultural properties supporting detached dwellings. 2.0 APPLICANT'S PROPOSAL · the intent of the application is to reco~i~ the existing use on the subject property; · the existing.use is considered a legal non-conforming usc in that the use predates the by-law and is considered a legal use, even though the by-law does not recoEniT, e thc existing use; -as au existing legal non-~onformlng uae the zoning proviaiona ar~ not applicable to edditiovu and expansions of the prop~y;, -' as such the owa~ Iaaa made appliea~tiona to the Conwnitt~ 0fAdjustment (C orA) to permit the uncpausion of the e~xisting use, last application was in 1999 (fi!e P/CA 78/99); - the C of A could only permit the expmsion of the axisting building and not the re:placement, as the e~isQng building must remain in ord~ to maintain the legal non- conforming ~tus; the owner, as a ~ndition of th.e C of A approval, entered into a'site plan agreement with the City and has eonstruet~ the new add~on with the ~xeeption of the "breezeway" connection between the old and the new bm]ding and certain site improvements; the owner has advised that the old building is no longer functional and wi~.. es to demolish the old building and not build the '%re~zeway" connection between the buildings; however, the removal of the old building would not be ia keeping with the C of A approval, the site plan agre~-ment and would eliminate the legal non-conforming status of the property; the owner wiahes to ~mplete the building eoustruetion r~quirements.md then finish the site improvements as per the. site plan agreement; the applicant's ~ubmitted plan is provided for refe~n~ (see Atta~hnaent #2). Inform~on P~port No 1402 REPORT ~ .PD F~ 1 -dj2. Page 2 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - the Durham Regional Official Plan designates the subject lands as Major Open Space; - the predominant use of land in this designation shall .be conservation, recreation, reforestation, agriculture and farm related use. s; - notwithstanding the predominant pea-mitred, uses, the Durham Regional Official Plan 'permits the City of Picketing to zone to p~uAt ti~ continuation, expansion or ealargement of legally existing uses, or the variation to similar uses provided that a) have no advc'rse effect on the present use of the surrounding lands or the implementation of the provisions of the Durham Regional Official Plan; b) have regard for the agriculttwal Code of Practice as amended from time to time, if applicable; c) are accessible by a public mad which is maintained by the .approPriate authority as open to traffic on a year-round basis and is of a standard construction adzquat~ to provide for the additional traffic geaerat~ by the propo~xl use; and, d) are subject to any conditions that may be. contained in Picketing Official Plan. 3.2 Pickering Official Plan - the Picketing Official Plan .designates the subject lands as Open Space gy~ter,~ - Natural Area; - uses perv~tt~ witKm Open Space b~YStem - Natural Area include, amongst others, conservation, environmental protection, restoration, education, passive recreation and similar uses, agricultural uses and existing residential dwellings; - Schedule HI of the Pi.ckering Official Plan - Resource Management, 'designates lands in close proximity to the ..subject lands'as Shorelines and Stream Corridor~, in recognition of the subject properties proximity to a branch of Can'uther'., Creek; - the exact boundaries of the Shorelinez and Stream Corridors will be determined in consultation with the relevant agencies; - Schedule II. of the Picketing Official Plan - Transportation Systems designates Sideline 4 where it abuts the subject lands as a I.~cal.Road; -.Local Roads gena'ally provide access to individual properties, to local .roads, carry local traffic and geamxlly have a fight-of-way width of up to 20 metres; - the subject applications will be assessed against the policies and provisions of the Picketing Official Plan during the further processing of the applications. 3.3 Zoning By-law 3037~ as amended - the subject 1an& are c~y zoned "Q"-Pit and Quaxry by Zoning By-law 3037, as amended; - the existing zoning permits gravel pits. and the excavation, washing, screening, crushing and storage of sand, gravel, ballast and other surface and sub-surface material; - the existing zoning also permits agriculttual uses; - the subj~-'t propea'ty has twice be~a approved by the C of A for the expansion of the legal non-conformlns use, in 1968 and 1999; - an amendment to the zoning by-law is required to permit the existing legal non- conform/ns use; ATTA?..~ELrT ~ ,,0~ TO 4.1 ~esident Cemme-ts no resident commits have b~ rec~ved m-date Ea the spp1ication; no comments from any Of the circulated agencies have been received to-date on the application; 4.3 Staff Commellt8 - in .reviewing the application to-date, the following matte~ have been identified by staff for further review and considea-ation: · ensuring that the proposed development is compatible with, and sensitive to, surroundinglands or that any incompaffbilities can be mitigated; · the impact the proposed use / site changes, may have on the surrounding area; · reviewing the entrenchment of the use that is not specifically compaffble with the approved land use designation with duc consideration to the fact the use has' existed on the subject prop .e.fry for a long time; . · consider th~ impacts of thc existing use versus the possible impacts of Uses permit by thc Zoning By-Law, use such as a gravel pit; this Department will conclude its position on the apPlication atter it has received and assessed comments fxom the circulated departments, agencies and the public. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to thc Planning & Development Department; - oral commeglts may be made at the Public Information Meeting;, - all comments rl~a?~ived will be noted, and used as input in a p]~nnlng Report prepared by the plannlng & l~evelopment Department for a subsequent meeting of Council or a Committee of Council; - if you wish to be notified of Council's decision regarding the zoning by-law - amendment application, you must request such in writing to the City Clerk; - if a perso~ or public body that files a notice of appeal of a decision of the City of Picketing in respect of the zoning, by-law amendment does not makc oral subrnLqsion at the public meeting, or make a written submission to the City of Picketing before the zoning by-Law is passed, the Ontario Municipal Board may ai~miss all or part of thc appeal; if you wish to reserve the option to appeal Council's decision of the proposed zoning bY'law 'amendment application, you' must provide comments to the City before Council adopts any by-law for this proposal. 6.0 OTHER INFORMATION 6.1 Appendices Appendix I - list of neighbourhood residemts, community associations, agencies and City Departments that have commented on the applications at the time of writing this report; Information Report No 14-02 ATTACHMENT # '~ TO Page 4 REPORT ~ PO t~l- 02. 6.2.Iarormation Received - copies of the applicant's proposal are available for viewing at the offices of.the City ofPickering pl,~mi,g & Development Department; - the City of Picketing has not received any technical information / reports on the proposed application; - certain technical reports may be required to be submitted and.will be reviewed and reported on, as necessary. 6.3 Company Principles - the current property owner is lohu Taylor Truck Sales Inc. (1010100 Ontario Inc.) whose principle is Barry Kaufmau · Lynda Taylor,~, ~P Principal Planner - Devel _opment Review Manager, Development P,~wiew Attachments Copy: Director, Planning & Dc-velopment D~parlmeat ~ A~T?CHMENT#.~ ........ .'ri) ~. R~PORT # PD ~t-U'2. '~ · Excerpts fi'om 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 thc Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (II) ZONING BY-LAW AMENDMENT APPLICATION A 04/02 JOHN TAYLOR TRUCK SALES INC. 3356 BALSAM ROAD (SOUTH PART OF LOT 5~ CONCESSION 5} 1. Lynda Taylor, Manager, Development Review, on behalf of Ross Pyro, Principal Planner, Development Review, provided an explanation of the application, as outlined in Information Report #14-02. 2. Barry Kaufinan, applicant, advised that he was present to answer any questions. 3.' Margaret Williamson, 3360 Balsam Road; stated her anger at the applicants lack of respect for her parents, that tru6ks are dropping off vehicles throughout the night and that the fence has blown down and no one is sure who is responsible for its repair. She added that the new structure is huge and nothing like what was planned. She stated that this is a residential area and this operation affects the quality of life. She questioned how the residents are going to be helped. 4. Richard Lloyd, 3330 Balsam Road, stated that the applicant has a great lack of respect for the neighbours. He stated his concern with the outside storage, removal of fencing on back of the property, racking and storage on the south side of the building. He advised that no notification was received concerning the removal of the fence. 5. Ted Malar, 3510 Audley Road, stated his concern with respect to water quality and stress on his _ pond due to development. He spoke in favour of the creek being restored but against thc creation of 35 new wells which will further put stress on the area. 6. Nancy Listro, 3545 Balsam Road, advised that the applicant's drivers dump in their field and no notification was received concerning the events ~aking place. 7. Laura Orlandi, 3270 Hwy. #7, stated her concern with the amount of traffic in the area advising that this adds to the horrid things taking place. 8. Mr. Kauffman, applicant, advised that since moving to this property their operation carried on in the existing building which should have been condemned. The Committee of Adjustment granted them the ability to build a 20,000 sq. ft. structure for dismantling vehicles inside. This facility offers more storage area but they have only been in operation for three months and have not had enough time to do everything. They are trying to make the property aesthetically attractive but cannot do anything until the old structure comes down, the fence will be addressed when this happens. The fence on the south side was damaged and the damaged portion was replaced. The lights on the outside of the building were put there for protection of building and what's in it. ATTACHMENT # ~ TO R E C E V E D REPORT # PD ~1-0'2.. 68 CITY or PiCKER .G MAY 1 6 2002. Mr. Ross Pym Principle Planner-Development Review C/I::RK'S DI¥~$1ON May 14, 2002 Planning & Development Department City Of Picketing One the Esplanade ~ ~ ~ ~ '~ '~ '~ Picketing, Ontario LIV 6K7 2 1 2002 Re: Zoning by-law Amendmem Application A04/02 CITY~,.~,:~N~OF ~:!C~<UiatNO~.~,,o DEVELOPMENT DEPARTMENT John Taylor Truck Sales Inc. , . 3356 Balsam Road South Part lot 5, COncession 5 City of Pickering I am writing this letter to object to the application. We live on the comer of Concession 5 and Balsam rd (Sideline 4). h~or to the purchase of our home in 1995 we were concerned about the Auto 7 Recyclers operation and the negative impact of such an establishment near our home. We are on a well and we were concerned about the storage of broken down cars leaking oil and gasoline into the land and about thi,~ place getting any bigger than it was in the fixture. We decided to go the city of Picketing and visit with the planning department. We were assured that although thLq establishment was operating on a legal non conforming basis that it could never get any bigger or that it could never be sold. Well, it did get bigger last year without us getting the oppommity to oppose the structure that now stands on the property. It is my understanding that this new structure was to be connected by a breeze way to the existing structure that was there. I do not believe that the applicant did this. Secondly, I was also told that all oflfis operations would now. be inside the building and that no racks for outside storage were to be used and that no cars were to be allowed to sit outside the gates over the weekend. This is still happening. In view of this applicant disregard to his neighbors quality of life, I do 'not believe he should he given any more special zoning exemption now or in the future. Thirdly, in light on the current Rick Rondeau application on the east side of Sideline 4 just in front of the applicants property, the Auto 7 Recycling operations should not be permitted to receive permanent status in light ofthe future development in the area. It is not in keeping with the current zoning by-law, will not fit in with the proposed new homing development across the street from the applicant, and it not a desirable operation to have near ~any housing development. I wish to be informed about any activities pertaining to this application. Yours sincerely, Mr. John Murphy 3080 Concession Rd. 5 ILR. 1,Picketing, Ontario Rachel and John Murphy L1V 2P8 905-428-3283 CITY OF PtCKER~NG' PL,ANN;Nd~ AND' Planning & Development DepaAment One the Esplanade Picketing, Ontario · The R~¢o."l LlV 6K7 of Du~am Dear Mr. pym: Planning Depa~ent ~6~5 DUNDAS ST. i.. Re: Zoning Amendment Application A 04102 4TH'FLOOR, ~NG TOWER Applicant: John Taylo~ T~ck Sales Inc. WEST BUILDING - Location.: PaK of Lot 5, Concession 5 RO; BOX. 623' WHITBY,'ON L1N 6A3 Municipali~: Ci~ of Picketing (905) 72~7731 F~: (905) 436~612 ~.r~,~on.durham.on,~We have reviewed this application and the following ~mments are offered with respect't° ~mpliance with the Du~am 'RegionalOMcial Plan, the AL, 6eorgieff, MClP, RPP ~mmissionerof Planning proposed method of so,icing and delegated provincial plan review responsibilities. The.purpose of this application is to recognize an existing auto recycling Operation. on the sUbject prope~: The subject lands are designated "Major Open Space" in' the DuWam Regional OMcial plan. The predominant:use of land'in this designation is for ~nse~ation, recreation, reforestation, ag dculture and fa~-related uses. Policy 20.4.4 of the Duwam Regional ~cial Plan indi~tes that Councils of area.municipalities may zone to pe~it the ~ntinuation, expansion, or enlargement of legally existing uses,, or variations to similar uses, provided that such uses: .. ~ ', a)have no adverse effect on the present usesofthe surrounding lands or the implementation, of the provisions of this Plan;- b).have regard-for the Agricultural Code of Pra~i~ as. amended from time to time, if applicable; " c) are accessiWe, by a public road' which is mainlined by the appropriate ' authod~ as open to traMc on a year-round basis and is.of a s~ndard construction adequate to provide for We additional traMc generated by the proposed use; and d) are subject to any. conditions that may be ~ntained in an area fO~ Ou¢.;CO~NITY too% Post Consumer ATTACHMENT # ~ TO REPORT # PD ~ ~'- ("~--' Page 2 The site is serviced by private well and septic sewer services. This application has been screened in accordance with the terms Of thb provincial plan review responsibilities. The subject site is in proximity to a tributary of Carruthers Creek and the former Lake Iroquois Shoreline..An · adequate buffer between any future development and these natural features should be provided~ No further provincial intereSts appear to be affected by this propoSal. l-f yOu.have any questions or require additional information; please call me. Yours truly, Ray Davies, Panner Currant Operations Branch R:\trainingVchzoni ng~oicke~ng a04..02.doc ATTACHMENT REPORT f PD ~ ~RONTO ~D REGION ~ ~N - t~ ~,.~ CFN 32928 May 30, 2002 C~TV Mr. Ross Pym City of Pickering Planning & Development Department Pickering Civic Complex One The Esplanade Pickering, Ontario Dear Mr. Pym: Re: Zoning by-law Amendment Application A04/02 John Taylor Truck Sales Inc, 3355 Balsam Road South Part of Lot $, Concession 5 City of Picketing We acknowledge receipt of the above noted application and apologize for the delay in our response. Authority staff have reviewed the proposal and since it does not appear to affect the program or policy interests of this Authority, we have no objections to the application as submitted. Please be advised that we have previously reviewed a storm water management report related to development application on this site, being site plan application, S04/01. By copy of this letter, please advise the applicant that the Toronto and Region Conservation Authority (TRCA) has implemented a fee schedule for our development/planning application review services. This application is subject to those fees ($150.00). For further clarification, applicants should contact TRCA Development Services staff. We trust this is satisfactory. Should further discussion be required, please do not hesitate to contact the undersigned. Yours truly, Nora Jamieson Acting Plans Analyst Development Services Section Ext. 5259 NJ/ F:\PRS\NORA259\PUBUC~O4-O2.WPD 5 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www. trca:on.ca C,,LF..RK;E~ OW%sION . ...,-. o ,"'KERI_NG C piOKERtNG, ONTARIO April 24, 2002 THE DISTRICT The Corporation of the \. SCHOOL City of Pickering \ Planning Department Pickering Civic Centre BOARD One The Esplanade Facilities Services Pickering, Ontario 400 Taunton Road East LI V 6K7 ~' ,/~ WhitDy, Ontario L ! R 2K6 ~/c~---- 'el¢ ~qe: {905J 666-5500 Attention: Mr. or ! -800-265-3968 Fax: 1905J 666-6439 Dear Mr. Taylor, RE: Zoning By-law Amendment Application A04/02 John Taylor Truck Sales Inc. 3356 Balsam Rd. South Part of Lot 5, Concession 5 City of Pickering Staff has reviewed the information on the above noted applicatiOn and under the mandate of the Durham District School Board, has no objections. Yours tmlyc~~,,O ~_~, Christine Nancekiveli, Planner CN:em I:\PROPLAN\DATA\PLNG~ZB L~A04/02 1iRY-02-2002 THU 09:58 Rli VERIDhqN FRX NO. 905 819 0210 P. O? ^rrAC.UE.T# q To 73 REPORT~PD ~1-02. VERI]DIAN CONNECTIONS DEVELOPMENT APPLICATION 'REVIEW PROJECT NAME: John T:q'o~ Track Sal~s Inc. ADDRESS/PI.i~N': 3356 Balaam P,.omt MUNICIPALITY: lIEF. NO.: Zoning By-Law A~mdm~:nt SUBMISSION DATE: A~ ~ 2002 App~ A~/O.Z No additional c. omm~ts f:~m~ l,iZ, vioua ~uhmission of~ 2~1. FAXED Te~ ~p~e~ K~ ~ T~n~ 427-9870 ~t. ~2~2 MAY - 5 ZOOZ ~/,a HaY 02 '02 10:.07 905 619 0210 PAGE.O? ATTACHMENT # ~ ~ TO REPORT # PD H t - 0'2.. RECEIVED ..... OPERATIONS & EMERGENCY SERVICES DEPP~R. TMENT MAY 1 0 2002 MUNICIPAL PROPERTY & ENGINEERING DMSION CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT ' MEMORANDUM May 7, 2002 To: Ross Pym Principal Planner- Development Review From: Richard Holbom, P. Eng. Division Head, Municipal Property & Engineering Subject: Zoning By-law Amendment Application A04/02 ' John Taylor Truck Sales Inc. 3356 Balsam Road South Part of Lot 5, Concession 5 ' City of Pickering The Municipal Property & Engineering Division is in receipt of the above noted zoning by-law application for 3365 Balsam Road. I provide the following comments. The existing lands are zoned "Pit and Quarry Zone" which may suggest easy access of contaminants into the water table. It would seem prudent that prior to the approval of the rezoning application that proof be supplied indicating that the haZardous materials are being properlY contained. The property has frontage on Sideline 4 (Balsam. Road), which is a rural cross-section, gravel surface road. As such, this road is not at a standard conducive to the operation contemplated (existing) through the zoning requested. The applicant is to provide a cash- in-lieu contribution to upgrade the road to a hard surface facility, based on frontage. ~l~chard Holtoor~j P. Eng. RH:ds Copy: Director, Operations & Emergency Services Supervisor, Development Control I:XSITEPLAN~04-02.docMay-02 RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY 1. That the request made by E. ^gnew et al, be APPROVED, to permit the division of the subject lands, being Part of Lot 3, Plan 330 and Lot 16, Plan 1051 (known as 1837-1841 Appleview Road), for five additional lots by Land Severance rather than by draft plan of subdivision. REPORT TO THE PLANNING COMMITTEE Report Number: PD 42-02 Date: August 21,2002 From: Nell Carroll Director, Planning & Development Subject: Request for Council's Permission to Develop Lands by Land Severance E. Agnew et al 1837-1841 Appleview Road Part of Lot 3, Plan 330, Lot 16, Plan 1051 Recommendation: 1. That the request made by E. Agnew et al, be APPROVED, to permit the division of the subject lands, being Part of Lot 3, Plan 330 and Lot 16, Plan 1051 (known as 1837-1841 Appleview Road), for five additional lots by Land Severance rather than by draft plan of subdivision. Executive Summary: The owners of the subject lands submitted Land Severance Applications proposing the creation of two new building lots fronting onto Appleview Road. The proposed severances constitute two of a potential five lots that could be created from the subject property. The applications were tabled by the Region of Durham Land Division Committee to allow the applicant time to obtain permission from City Council to develop the subject lands through the land severance process, rather than by draft plan of subdivision. The Pickering Official Plan requires any ownership of land that is capable of being divided into more than three additional lots to be developed by plan of subdivision, except where it is demonstrated to Council's satisfaction that a plan is neither appropriate nor necessary, in which case Council may authorize development to proceed by land severance. It is recommended that the applicant's request to develop the subject lands by land severance be approved. All requirements of the City can be appropriately addressed through conditions of severance approval. Report to Planning Committee PD 42-02 Date: August 21, 2002 ?? Subject: Request for Council's Permission to Develop Lands by Land Severance Page 2 Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 1.0 Back_~round: 1.1 Applicant's Proposed Land Severances The owners of the subject lands have submitted a conceptual plan proposing the creation of 5 additional lots. A property location map and conceptual site plan illustrating the applicant's proposed severances are included as Attachments #1 and fl2 to this Report. The proposed lots would be approximately 847 square metres in area, and would provide lot frontages of approximately 15.0 metres onto Appleview Road and Heathside Crescent. The applicant has submitted Land Severance Applications LD 173/02 and LD 174/02 to the Region of Durham Land Division Committee, proposing the creation of two new residential building lots fronting onto Appleview Road from the total land holdings. The Land Division Committee tabled the Land Severance Applications, at the request of the Planning and Development Department, to allow the applicant time to obtain permission from City Council to develop the subject lands through the land severance process rather than by draft plan of subdivision. Section 15.26(b) of the Pickering Official Plan requires that an ownership of land that is capable of being divided into more than three additional lots be developed by a plan of subdivision, except where it is demonstrated to Council's satisfaction that a plan of subdivision is neither appropriate nor necessary. Where these circumstances exist, Council may authorize the development to proceed by land severance. The subject lands are capable of being divided into more than three additional lots, and therefore permission is required from Council to allow any development of these lands to proceed through the land severance process. In addition, the applicant has submitted applications to the Committeeof Adjustment, for reduced lot frontages of 15.0 metres fronting Appleview Road, to facilitate the severance applications. The Committee of Adjustment will consider the request at its September 4, 2002 meeting. 78 Report to Planning Committee PD 42-02 Date: August 21,2002 Subject: Request for Council's Permission to Develop Lands by Land Severance Page $ 2.0 City's Interests to be Addressed through Conditions of Land Severance The City's requirements respecting development of the subject lands will be addressed through conditions of the current and future land severance applications. Among other conditions, the owner will be required to enter into an appropriate development agreement with the City, to address matters typically included in subdivision agreements such as, but not limited to, parkland dedication, land conveyance(s), the construction of services and roads, lot grading and drainage, driveway aprons, boulevard trees, downstream cost sharing, cost recovery, and securities. 2.1 Completion of Heathside Crescent The applicant's submitted conceptual development plan provides for the conveyance of the rear portion of the property to facilitate the completion of Heathside Crescent. The City of Pickering will require the owner to convey lands to the City as a condition of the current Land Severance applications in order to facilitate the completion of Heathside Crescent in its ultimate location and enter into an appropriate agreement between the landowner(s) and the City. It is recommended that the applicant's request to develop the subject lands by land severance be approved as all requirements of the City can be appropriately addressed through conditions of severance approval. Report to Planning Committee PD 42-02 Date: August 21,2002 7 9 Subject: Request for Council's Permission to Develop Lands by Land Severance Page 4 Attachments: 1. Property LocatiOn Map 2. Applicant's Submitted Plan Prepared By: Approved / Endorsed By: Nef Carro !P, PP Director, Plli ~ & Development Lynda Taylor, MCIP, Manager, Current Operations CXP:td Attachments Copy: Chief Administrative Officer F~ecommended for the considera)~/on of Pick. ering~.C~_cil / ~ ~h~mas ~. C~'~inn,~~rative officer SQUA~' -- VOYAG~'R GLENANNA ~ROUD$ ~= AVENUE STREET CityofPickeringJ P,anning&DevelopmentDepadment IiiI -~, PROPERTY DESCRIPTION PT. OF LOT 3, PLAN 330; PT. OF LOT 16, PLAN 1051 [ ~ APPLICANT E. AGNEW ET AL J DATE AUG. 22, 2002 I DRAWN BY dM :~LICATION No. LD173/02 & LD174/02 SCALE 1:7500 CHECKED BY lB FOR DEPARTMENT USE ONLY PN-7 PA- A'FTACffiV]B~rr #,-.~,~.~- TO ~ I~IT ~ Pi)_ H'Z-U:,2_ . ' INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN E. EGNEW et al LD 178/02 & LD 17'4/02 W O W W CD _ LOI 2 LOI 5  ~ LOI 3 LO? 6 #e"oR, v.4rlo,v ~t SU~ooRr