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HomeMy WebLinkAboutInformation Report 07-09INFORMATION REPORT NO. 07-09 FOR PUBLIC INFORMATION MEETING OF April 6, 2009 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment —A 26/08 A. Adjedani & S. Aliyannajad 1234 Kingston Road (Lot 17, Plan 489) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION 31 - the subject. property is located on the north side of Kingston Road, west of Liverpool Road (see Location Map, Attachment #1); - the subject property has a lot frontage of approximately 30 metres and a lot area of approximately 0.23 hectares (see Applicant's Submitted Plan, Attachment #2); - there is an existing building used for residential purposes with an accessory home-based business on the subject property; - Pine Creek abuts the subject property to the north, and an unopened municipal right-of-way is abutting the property to the east; - predominantly residential uses surround the subject property to the north, and commercial uses and open space blocks surround the property to the south. 2.0 APPLICANT'S PROPOSAL the applicant has requested an amendment to the existing zoning by-law to allow for a variety of commercial uses on the first floor and a residential unit on the proposed second storey addition of the building on the property (see Applicant's Conceptual Floor and Elevation Plans — Attachments #3 to #7); the operation of the proposed uses for the site are currently under review between the applicant and Planning and Development Staff. Information Report No. 07-09 Page 2 �2 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - the Regional Plan designates the subject property "Urban System — Regional Node"— and "Urban System — Regional Corridors", which among other uses shall be used for as the focal point of culture, art, entertainment, and to achieve a mix of commercial, residential, employment and institutional uses; - the subject property is classified under the plan as a Type 8 Arterial Road, with a right-of-way width ranging from 30 — 36 metres and speeds up to 70 kilometres an hour in urban areas; - Kingston Road is used and is classified as one of the most significant transit corridors within the Region; - . a part of the subject property is classified as a Key Natural Heritage Feature; - the subject application will be further reviewed to determine if it complies with the intent of the Regional Plan; 3.2 Pickering Official Plan - the City Plan designates the subject property as "Mixed Use Areas— Mixed Corridors" and "Open Space System — Natural Areas" within the "Town Centre Neighbourhood" (see Attachment #8); - Mixed Use Areas — Mixed Corridors shall be used among other uses for the retailing of goods and services serving a broader area, residential, community, cultural and recreational uses, whereas Open Space System — Natural Areas shall be used among other uses for conservation, environmental protection, restoration, education, passive recreation, existing lawful residential dwellings and a new residential dwelling on a vacant lot; - it appears that the rear portion of the subject property is situated within the Open Space System and the remainder within the Mixed Use Areas; - the subject property is partially situated within a shoreline and stream corridor, which prohibits new and major development on designated areas; however minor additions, minor infilling and ancillary uses related to existing development maybe permitted in these areas; - areas designated as Mixed Use Areas — Mixed Corridors require a minimum net residential density of 30 to a maximum of 140 dwellings per hectare and/or a maximum floorspace index (total building floorspace divided by the total lot area) up to and including 2.5; - the Town Centre Neighbourhood policies encourage the highest mix and intensity of uses and activities in the City; - the neighbourhood policies also permit a maximum residential density of 55 units per net hectare for lands located on the north side of Kingston Road that abut low density development; Information Report No. 07-09 Page 3 33. the subject property is classified under the plan as a Type B Arterial Road, which are designed to carry moderate volumes of traffic at moderate speeds with a right-of-way width ranging from 30 - 36 metres and speeds up to 70 kilometres an hour in urban areas; the applicant's proposal appears to comply with the intent of the City's Official Plan, however it is subject to environmental restrictions; 3.3 Compendium Document to the Official Plan - the subject property is part of the eastern limits of the Walnut Lane Area Development Guidelines (an area bounded by Kingston Road to the south, a low density residential area to the north, Walnut Lane to the West and Pine Creek to the east), as well as the Kingston Road Corridor Urban Design and Development Guidelines; - 40 percent of the face of all buildings must be situated within a "build -to -zone" area along Kingston Road; - buildings should be designed in a way to prevent overshadowing and loss of privacy to abutting residences with a maximum building height of three storeys and 12.0 metres (inclusive of the roof); - no accessory structure shall be set back closer than 3.0 metres from the property line; - vehicular access shall primarily be from Kingston Road; - planting should integrate with indigenous planting along the edge of Pine Creek; 3.4 Zoning By-law 3036 the existing zoning on the subject property is "R3" — Third Residential Density Zone, which requires a minimum lot frontage of 18 metres and a minimum lot area of 550 square metres; the applicant intends to amend the existing zoning to allow for variety of commercial uses on the main floor with additional residential on the second floor. 4.0 RESULTS OF CIRCULATION (See Attachments #9to #12) 4.1 Resident Comments Stacey Howard - request for applicant to specify types of uses proposed for the subject property (see Attachment #9); Information Report No. 07-09 4.2 Agency Comments Page 4 Region of Durham Health - no objections to approval of application Department provided that the subject property is serviced by municipal sanitary sewer and municipal water; Veridian Connections Toronto and Region Conservation Authority (TRCA) 4.3 Staff Comments if municipal sanitary is not available, a new Class IV private sewage system will have to be installed (see Attachment #10); - no objections (see Attachment #11); - lands are located within the Regional Storm Flood Plain associated with Pine Creek; - proposed uses could increase the risk to, and cost of property damage; - development shall not be permitted in lands subject to flooding during a Regional Storm event; - proposed application is not consistent with Provincial Policy Statements of 2005 and does not meet the requirements of Section 3 and Subsection 5 of the Planning Act, - application should be refused (see Attachment #12); - in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • the applicant must consult with the City, TRCA and the Region of Durham to resolve all environmental concerns affecting the subject property and to ensure full compliance with both the Provincial Policy Statements and the Planning Act, • an Environmental Report is required by the applicant to ensure the proposed development will not negatively impact the abutting stream corridor (Pine Creek) and the open space system to the north and east of the subject property; • the applicant must clarify all uses proposed (commercial and/or residential) on the subject property; • City Staff will determine if there are any negative impacts with the proposed new driveway entrance; • City Staff will review the proposed site plan and site -functioning as well as ensure that the proposed development meets the general intent of the Walnut Lane Area Development Guidelines and Kingston Road Corridor Urban Design and Development Guidelines; Information Report No. 07-09 5.0 M 6.1 CA PROCEDURAL INFORMATION Page 5 - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; Company Principal - the owners of the subject property are Alireza Adjedani & Shahnaz Aliyannajad and the applicant is Grant Morris. AY:jf Attachments Copy: Director, Planning & Development Lynda Tay RPP Manage, Dim evelop ent Review 35 36 APPENDIX NO. I TO INFORMATION REPORT NO. 07-09 COMMENTING RESIDENTS AND LANDOWNERS (1) Stacey Howard COMMENTING AGENCIES (1) Region of Durham Health Department (2) Veridian Connections (3) Toronto and Region Conservation Authority COMMENTING CITY DEPARTMENTS (1) none to date ATTACHMENT# TO INFORIAATION REPORT#" AM A I'1 � _ • __ �► iO D J1�``1 IN ATTACHMENT# a TO � �--0-2 �' c lN-r0RMATI0N PEP0RT#SLL=1 38 INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN A 26/08 - A. ADJEDANI & S. ALIYANNAJAD PROPOSED2 STOREY ADDITION N THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, JAN. 21, 2009. i J i cli 06 EXISTING 1 gOREYk ...� { tu'` DWELLING I $T tio;f PROPOSED PARKING �(` / J llnr 1J EXISTJNG DglIVEWAY /'f�� '( TO PE REYOVED n, �• , �', PROPOSED DRIVEWAY 11� 1� ,\, I, t �1 i% <. ., �o � ✓ Y 5�4 N THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, JAN. 21, 2009. PR ATT 4CHMENT# T 7—U Z e a "s IN T9,AAj'ION PCRT# F® s i S ` Q OZ Cu a zd i 'II E'3 a - J YO IKZV a It o BVet W W V LL O LL O Lu— Sz ;z xi. i Y , I �z I' i I •� Q V z F3 _ i p 5Y Fa _a PR 1 ATTACHMENT#.� 70 y a e IN OR r4i-"�s'sl�'fi':: � T F Z 4 0 `x a 3 R R " - 7 00o za o " g <�Z Y _ O r ire aIm 6e8�° se` o AoCZo pF ; i U, a W ^U .01 ob8 a' 41 Olson 1111 lip C' _ ,, it Nola;. aaa�aa•; a� 41 a s L I IA%ai' lig V i_ o (� 2 IIVFC2 i 'ieiC3iiF��P'RT 7 i _ P aaa Em a°i ° o �a orz py t • <r9 ua F E W 3 e _ 3 g OVY Yo z 3 yy yy Y 'Q 3 3 7 4<i�-lt ii x i w �rem,o tl � BFt I f aSOF IT � O 945. 545 6L8 K54 69 1 4 f 4 x's i 1 • + I� (I 1 i=51`i`•i I � 5 ( S + 1 E r. Z W■ y. r� oec ooe ..L ...'6.0 m.5: oos ooe DSVS 43 ATTACHR8rlgTt q TO in W U, City of Pickering Planning & Development Department OPEN SPACE SYSTEM MIXED USE AREAS URBAN RESIDENTIAL AREAS /w/` NATURAL AREAS DOWNTOWN CORE LOW DENSITY AREAS / ` MIXED CORRIDORS ® MEDIUM DENSITY AREAS N A 26/06 ATfAC'Wj1ENT 4.1—TO . ING a�z,�a� rl� •.I „ ��€zT� D —o y 45 From: Stacy Howard Sent: Tuesday, March 03, 2009 10:33 PM To: Yearwood, Ashley Subject: Re: Zoning Bylaw A26/08 Ashley, I received a meeting notice in the mail regarding property behind our house that is requesting zoning changes. I was wondering if you could help me understand exactly what is being requested. We live on Storrington St and back on to the property in question. It says here that they are looking to amend the zoning to permit commercial uses, including an addition new driveway. How does this differ from the current use. It is home today, however they run a small Psychic out of the place. Is it not already zoned as commercial? Do you have any indication what specific changes they want to make? I would like to understand what their place to ensure that is does not interfer with our home, noise etc......... ' Thanks, Stacy Howard It t. 46 The Regional Municipality of Durham Health Department ENVIRONMENTAL HEALTH DIVISION 101 CONSUMERS DR. 2ND FLOOR WHITBY ON L1N 1C4 -ANADA 905-723-3818 1-888-777-9613 Fax:905-666-1887 www.durham.ca An Accredited Public Health Agency "Service Ezceltence for our Communities" ATTACHM,-ENT MAR 1 0 2009 CITY OF Plr K;:c,, March 9, 2009 City of Pickering Planning Department/Building Development One The Esplanade Pickering, ON L1V 6K7 Attention: Debi Wilcox — City Clerk Dear Madam: Re: A/26/08 — Zoning Application Lot 17, Plan 489 (1234 Kingston Road) City of Pickering Applicant: A. Adjedani and S. Aliyannajad The above noted application has been investigated by this Department and there are no objections to approval provided that the subject property is serviced by municipal sanitary sewer and municipal water. In the event that the subject property does not have access to municipal sanitary sewer, a new Class IV private sewage disposal system will have to be installed to service the proposed development. Please feel free to contact the undersigned if more information is required. Public Health Inspector Environmental Health Division KK/cw 100% Post Consumer MAR -16-2009 MON 09:16 AM veridian FAR NO, P, 02 MAI V6RIDIAN C ON NE CT I O N5 PROJECT NAME: ADDRESS/PLAN: MUNICIPALITY: RECEIVED MAR 1 6 2009 CITY OF PICKERING PLANNIINARTMELOPMENT NT DEVELOPMENT APPLICATION'REVIEW A. Adjedani & S. Aliyammjnd / Grant Monis Associates Ltd. 1234 Kingston Road Pic1cting REP NO.: A 26/08 SUBMISSION DATE: February 26, 2009 ATTACHIM,VT /L ORT P •7-0 47 Tile following is an overview of the general rcquiecmeocs the Applicant is likely to meet in order to obtain a complete electrical power supply system to this site and widdn the site where subduction some form i6 involved. The comments below are based on preliminary infonuatiou only and arc subject to revision. In all eases Vetidiw's standard Conditions of Service document sets out the requirements, tennis and conditions for the pmvisiou of. eledrit serace. This review does not tonstimtc en Offen to Connect 1. L-leetde service is eurently available on the road allotmmce(,) directly adjacent to this POOPeety Servicing is currently fed from Kingston Road and Veridiin's supply voltage will be at (44kV, 27.6kV, 13.BkV, 12.47kV, 8.3kV, 4.16kV). 2. The existing service to this building may be inadequate. Details regarding n service upgrade can be obtained from Vnsidiun. 3. Other: Plans, contact Veddian if a service upgrade is required. Technical Representetive: Denzil Samad Telephone: Esc 3261 PP/df P:\dfrizzell\llcvelopment Application Review\Picketing\2009\A• Adjedani & S. Aliyannejad • 1234 Kingston Road.doc )C70RONTO eryat on .48-- or The Living City March 18, 2009 CFN 41890.02 VIA MAIL AND EMAIL(ayearwood@city_pickering.on.ca) Mr. Ashley Yearwood City of Pickering Pickering Civic Centre One The Esplanade Pickering ON L1V 61<7 Dear Mr. Yearwood: Re: Zoning By-law Amendment Application A 26/08 On Lands Municipally Known As 1234 Kingston Road Lot 17, Plan 489 City of Pickering (A. Adjedani & S. Aliyannajad) We write further to the Notice of Public Meeting for the application captioned above and our letter dated August 21, 2008 and copied to you wherein we outline Toronto and Region Conservation Authority (TRCA) staff opinion with respect to zoning changes on the subject lands. Purpose of the Application We understand that the purpose of this application is to amend the Zoning By-law in force on the subject lands in order to permit commercial uses on the first floor of an existing building and residential uses for a proposed second floor addition. Delegation of Comments Re: Provincial Interest in Natural Hazards As you aware, TRCA is responsible for providing plan review comments on behalf of the Province of Ontario with respect to Natural Hazards policies contained in the Provincial Policy Statement, 2005 (PPS 2005) pursuant to a Memorandum of Understanding between Conservation Ontario and the ministries of. Natural Resources and Municipal Affairs and Housing. The following comments are provided according to TRCA's delegated responsibility in this regard. Flood Hazard Present The subject lands are located within the Regional Storm Flood Plain associated with the Pine Creek. Given this natural hazard, we have evaluated your proposal against TRCA and provincial flood plain management policies. Our analysis shows that flood depths on the site are up to 1.45 metres in depth and the velocities of flood waters would be approximately 0.15 metres per second in the event of a Regional Storm. In addition, there does not appear to be 'safe' ingress or egress from the site in the event of a Regional Storm. These conditions pose considerable threat to human safety and property pursuant to standards established by the Ontario Ministry of Natural Resources. FAHome\Public\Development Services\Durham Reglon\Pickering\1234 Kingston_2.wpd Member of Conservation Ontario 5 Shoreham Drive, Downsview, Ontario WN 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca :� Mr Ashley Yearwood - 2 - March 17, 2009 Increased Risk Associated With Proposal It is understood that the proposal would maintain the existing residential use while adding a commercial use. Adding uses to this site, given the flood hazard described above, would increase the risk to human safety in the event of a major flood, as more people would be expected to occupy the site at any given time. The proposed uses could increase the risk to, and cost of, property damage. Non Consistency with PPS, 2005 The proposed amendment seeks to change the permitted uses on the subject lands in order to add a commercial use. The PPS, 2005 defines development as "a change in land use." Further, Section 3.1.2 d) of the PPS, 2005 provides that development shall not be permitted in lands subject to flooding during a Regional Storm event. Accordingly, it is our opinion that the proposed amendment is not consistent with PPS, 2005 and does not meet the requirements of Subsection 3(5) of the Planning Act. We therefore request that the application be refused. Please contact me if you have any questions with respect to this matter. Yours truly, Chris Jo MCIP, RPP Senior Planner Planning and Development Extension 5718 CJ/ cc: Grant Morris, Grant Morris Associates Ltd. (Grant.Morris@rogers.com) Steve Heuchert, TRCA F:\Home\Public\Development Services\Durham RegionTlckedng\1234 Kingston_2.wpd