HomeMy WebLinkAboutNovember 21, 2002Statutory Public Information Meeting
Agenda
Pursuant to the Planning Act
Thursday, November 21, 2002
7:00 P.M.
Chair: Councillor Pickles
(i)
3.
4.
5.
ZONING BY-LAW AMENDMENT APPLICATION A 17/02
LLOYD & MARION THOMAS
489 WHITEVALE ROAD
(PART OF LOT 317 CONCESSION 4~ PART 37 PLAN 40R-2225)
Explanation of application, as outlined in Information Report #32-02 by Planning
Staff.
Comments from the applicant.
Comments from those having an interest in the application.
Response from applicant.
Staff response.
1-12
(11)
ZONING BY-LAW AMENDMENT APPLICATION A 18/02
SANDREA BARRETT
1626 MCBRADY CRESCENT
PART LOTS 102 & 103, PLAN 40M-1380
PART 10, 40R-9291
Explanation of application, as outlined in Information Report #34-02 by Planning
Staff.
Comments from the applicant.
Comments from those having an interest in the application.
Response from applicant.
13-17
5. Staff response.
Statutory Public Information Meeting
Agenda
Pursuant to the Planning Act
Thursday, November 21, 2002
7:00 P.M.
Chair: Councillor Pickles
(111)
3.
4.
5.
ZONING BY-LAW AMENDMENT APPLICATION A 11/02
THE GIMI CONSTRUCTION COMPANY LTD.
550 FINCH AVENUE
PARTS 1 AND 3 OF 40R-10641; AND PART 2, 40R-11450
PART OF LOT 30, CONCESSION 2
Explanation of application, as outlined in Information Report #33-02 by Planning
Staff.
Comments from the applicant.
Comments from those having an interest in the application.
Response from applicant.
Staff response.
18-24
(IV)
CITY-INITIATED APPLICATIONS TO AMEND THE
PICKERING OFFICIAL PLAN (FILE: OPA 02-0031P) AND
ZONING BY-LAWS (FILE: A 19102)
TO PERMIT ACCESSORY DWELLING UNITS IN EXISTING DWELLING
UNITS
25-35
3.
4.
5.
Explanation of application, as outlined in Information Report #31-02 by Planning
Staff.
Comments from the applicant.
Comments from those having an interest in the application.
Response from applicant.
Staff response.
{V) ADJOURNMENT
INFORMATION REPORT NO. 32-02
FOR PUBLIC INFORMATION MEETING OF
NOVEMBER 21sT, 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 17/02)
Lloyd & Marion Thomas
489 Whitevale Road
Part of Lot 31, Concession 4, Part 3, Plan 40R-2225
City of Pickering
1.0
2.0
3.0
3.1
PROPERTY LOCATION AND DESCRIPTION
the subject property is located on the south side of Whitevale Road, west of
Golf Club Road, and east of Factory Street in the Hamlet of Whitevale (see
location map, Attachment #1 ).
APPLICANT'S PROPOSAL
the applicant proposes to change the zoning on the subject property to
permit, as an additional use, a second dwelling unit in an accessory building;
the applicant advises that the proposed second dwelling unit would be
approximately 49 square metres in area, located on the second floor of the
accessory building, and accessed from inside the accessory building;
the applicant also advises that the main floor of the accessory building would
be used as a workshop for the main dwelling (see Attachment #2).
OFFICIAL PLAN AND ZONING
Durham Regional Official Plan
- subject property is designated as "Hamlet of Whitevale" in the
Durham Region Official Plan;
Information Report No. 32-02
Page 2
3.2
3.3
the Region of Durham Planning Department will provide comments regarding
conformity with the Durham Region Official Plan, private servicing, and
delegated Provincial review responsibilities;
Pickerinq Official Plan
the subject property is designated "Rural Settlements - Rural Hamlets" in the
City of Pickering Official Plan;
the "Rural Settlements - Rural Hamlets" designation permits residential uses;
goals for the rural system, outlined in the City of Pickering Official Plan
include: encouraging limited rural residential development primarily in
hamlets, and encouraging rural residential development that is energy
efficient, enhances the range of rural housing choices, and is environmentally
appropriate in terms of its form, water usage and sewage disposal systems;
Section 6.4 of the City of Pickering Official Plan states that City Council shall
zone to permit accessory apartments, garden suites, and rooming houses,
where appropriate;
Section 12.2, of the City of Pickering Official Plan states that for development
in Rural Settlements, City Council shall encourage new development to
enhance the range of housing choice in the settlement and to be innovative in
relation to compact form, water usage and sewage disposal;
Section 12.2 of the City of Pickering Official Plan also states that for
development in Rural Settlements, City Council shall encourage and where
possible require the scale, character and relationships of new development
(including lots, buildings, structures, roads, services and utilities) to be
compatible with scale, character and relationships of existing development,
considering features such as the size and shape of lots, lot coverage, building
heights, building setbacks, building floor area, building material and design,
road widths, street patterns and vegetation;
the subject property is located within the "Hamlet of Whitevale"; and
under the Whitevaie Settlement policies, Section 12.4 of the City of Pickering
Official Plan states that, City Council shall endeavour to ensure that
development within the Whitevale Heritage Conservation District complies
with the adopted heritage district guidelines and heritage district permit
process;
Zoninq By-law 3037
the subject property is currently zoned "HMR3" - Hamlet Residential Exception in
Zoning By-law 3037, as amended;
the "HMR3" zone permits the following uses:
(i) detached dwelling residential uses;
(ii) domestic business - type A
(iii) domestic business- type B
Section 5.18 of Zoning By-law 3037, as amended, states that "human
habitation is not permitted in an accessory structure";
Information Report No. 32-02 Page 3 0 3
3.4
4.0
4.1
4,2
4.3
4.3.1
- a zoning by-law amendment is required to permit the proposed use;
Whitevale Heritaqe Conservation District By-law 4047/97
the subject property is located within the Whitevale Heritage Conservation District,
as adopted by Council by By-law 4047/92;
a Heritage Permit is also required to permit the proposed use.
RESULTS OF CIRCULATION (See Attachments #3-5)
Resident Comments
residents' comments received to date include the following concerns:
o approval of the rezoning application would set a precedent for all types
of development within the Whitevale Heritage District;
o the accessory building was renovated to be used as a workshop, not a
second dwelling unit (see Attachment #3);
Agency Comments
Agency comments received to date:
No Objections or Concerns:
- Veridian Connections (see Attachment #4);
- Toronto and Region Conservation Authority (see Attachment #5).
Staff Comments
Previous Applications for Minor Variance:
PCA 42/92
on June 10th, 1992, the City of Pickering Committee of Adjustment granted a
minor variance for the subject property to permit:
o the continuance of a minimum 4.32 metre front yard depth provided by
the existing dwelling on the lot, whereas the By-law requires that a
dwelling provide a minimum 9.0 metre front yard depth; and
o the continuance of a minimum 4.11 metre north yard width and
minimum 0.56 metre west yard width provided by a detached garage
located in the front yard of the subject property, whereas the By-law
requires that a detached accessory structure be located in the rear
yard not less than 1.0 metres from all lot lines;
the Minor Variance (PCA 42/92) was required to permit the applicant to
construct an addition to the existing dwelling and to bring the subject property
into compliance with the provisions of the By-law;
Information Report No. 32-02
Page 4
4.3.2
5.0
PCA 77/99
on October 20th, 1999, the City of Pickering Committee of Adjustment granted
a minor variance for the subject property to permit:
o the continuance of an accessory building to be located in the front and
side yard of the subject property, whereas the zoning by-law requires
all accessory structures to be located entirely within the rear yard of
the subject property;
o a minimum 0.5 metre west side yard setback provided by the existing
detached garage and proposed additions to it on the subject property,
whereas the zoning by-law requires accessory structures greater than
10.0 square metres in size and/or greater than 1.8 metres in height to
be located a minimum of 1.0 metre from any lot line; and
o the establishment of a maximum 6.2 metre height provided by the
proposed addition to the existing detached garage on the subject
property, whereas the zoning by-law limits all accessory structures,
located in a residential zone, to a maximum height of 3.5 metres.
the Minor Variance (PCA 77/99) was required to permit the applicant to
construct an addition to an existing detached garage and to bring the subject
property into compliance with the provisions of the By-law.
Other Matters
In reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
o appropriateness of the site for the proposed use;
o impact on surrounding land uses;
o compatibility with surrounding land uses;
o conformity with the City of Pickering Official Plan, the Durham Region
Official Plan and other applicable policies;
o impact on Whitevale Heritage District;
o establishing a precedence; and
o agency and department comments.
PROCEDURAL INFORMATION
written comments regarding this proposal should be directed to the
Planning & Development Department;
oral comments may be made at the Public Information Meeting;
all comments received will be noted and used as input in a Planning Report
prepared by the Planning & Development Department for a subsequent
meeting of Council or a Committee of Council;
if you wish to reserve the option to appeal Council's decision, you must
provide comments to the City before Council adopts any by-law for this
proposal;
Information Report No. 32-02 Page 5 0 5
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 INFORMATION
6.1 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.
6.2 Information Received
copies of the Applicant's submitted plan are available for viewing at the offices
of the City of Pickering Planning & Development Department:
· applicant's submitted plan.
6.3 Company Principal
the applicants for the Zoning By-law Amendment application (A 17/02),
s, are the owners of the property.
EdwaC¢At¢. Belsey Lynda Taylor, MCIP,/R'PP
Planner II Manager, Development Review
EB:td
Attachments
Copy: Director, Planning & Development
06
APPENDIX NO. I TO
INFORMATION REPORT NO. 32-02
COMMENTING RESIDENTS AND LANDOWNERS
(1) Ann E. Ward, 3215 North Road, Whitevale
COMMENTING AGENCIES
(1) Veridian Connections
(2) Toronto and Region Conservation Authority
COMMENTING CITY DEPARTMENTS
None received to date.
ATTACHMENT# .1- 11~ A
O7
~~iTM ~ ~ ~ WI-IITEW~J_~E
Gi~ of ~ickorin~ ~lannin~ & Dovolopmont Dopa~mont
PROPER~ DESCRIPTION PT. LOT 31, CON. 4; PT. 3, 40R-2225
OWNER L. & M. THOMAS DATE OCT. 31, 2002 D~WN BY lB
APPLICATION No. A~7/02 SCALE 1:75~ CHECKED BY EB
FOR DEPARTMENT USE ONLY PN-RU PA-
08
ATTACHMENT # ~2- TO
INFORMATION REPOR'fff ~-- C)~.
INFORMATION COMPILED FROM APPLICANTS' SUBMITTED PLAN
A 17/02
L. AND M. THOMAS
· 148,50' ~
.[ ~~IL~" ~' i" ..... "~ .... -~
FXISTINO
ACCESSORY
.~TRUCTURE
(Pml ,osed dwelling unit
on second floor)
EXISTING
DETACHED
DWELLING
PART
ATTACHMENT# 2~ TO
INFORMATION REPORT# ?,'2- O2~
09
INFORMATION COMPILED FROM APPLICANTS' SUBMITTED PLAN
A 17102
L. AND M. THOMAS
BUiLDiNG ELEVATIONS OF EX~ST~NG ACCESSORY STRUCTURE
i0
Belse¥, Edward
From:
Sent:
To:
Subject:
ATTACHMENT #._~...~ TO
INFORMATION REPORT
Herongate Theatre [webmaster@herongate.com]
October 24, 2002 9:47 PM
Belsey, Edward; Taylor, Bruce
zoning app# a17/02
Sir:
I am writing in response to zoning by-law amendment application, A
~7/02.
This applilcation involves 489 Whitevale Rd. As a resident of Whitevale,
living
at 3215 North Rd , I am opposed to any re-zoning in this rural
community!
This type of re-zonning would set a precedent that could be the
unraveling
of
the Hamlet of Whitevale by opening the door to all types of developement
in
this unique Heritage Community. It was my understanding that the
building
was renovated for the purpose of using it as a "workshop", not a
residential
rental dwelling. Please keep me informed of any further meeting on this
matter. Sincerely .... A~n E Ward.
PROJECT NAME:
10/28/2002 12:22 PAGE 2/2
ATTACHMENT# I.~ ,,TO ~
RightFAX
VERIDIAN CONNECTIONS
DEVELOPMENT APPLICATION REVIEW
Loyd& Marion Thomas
ADDRESS/PLAN:
MUNICIPALITY:
489 Whitevale Koad
Picketing
REF. NO.:
Zoning By-Imw Ameadmmt
A17/02
SUBMISSION DATE:
Oct. 24, 2002
1, Varicli~a Coanec~ioas has no objection with the Zoning Ameadmeat of this pmpe~'ty,
Technical Repmseata6ve - Don Barnett
Telephone 427-9870 Ext. 3253
MF/sd
ATTACHMENT# ~ TO
for The Living City
October 23, 2002
Mr. Edward Belsey
City of Pickering
Administration Department, Clerk's Division
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
L1V 6K7
0 C T 3 1 ZOOZ.
CITY OF PtCKERING
PICKERINGh ONTARIO
OCl 3 'i 2082
CITY OF PICK[=~ING
PLANNiHG AND
DEVELOPk4ENT *r.) F PARTMEN~
Dear Mr. Belsey:
Re:
Zoning By-Law Amendment Application A 17/02
489 Whitevale Road
Permit a second dwelling in an accessory building
(Pickering)
We acknowledge receipt of the above noted submission.
Authority staff have reviewed the proposal to change the zoning on the subject property to permit a
second dwelling unit in an accessory building. Since the proposal does not affect the program or policy
interests of this Authority, we have no objections to the application as submitted.
Yours truly,
Nora damieson
Adting Plans Analyst
Development Services Section
Extension 5259
all/
5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416 661-6600 FAX 661-6898 www. r
PICKERING
13
INFORMATION REPORT NO. 34-02
FOR PUBLIC INFORMATION MEETING OF
November 21, 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 18/02
Sandrea Barrett
1626 McBrady Crescent
Part Lots 102 & 103, Plan 40M-1380
Part 10, 40R-9291
City of Pickering
1.0
2.0
3.0
3.1
PROPERTY LOCATION AND DESCRIPTION
the subject property is located on the west side of McBrady Crescent and is
approximately 380 square metres in size with a lot frontage of 12.48 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.
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 main dwelling.
OFFICIAL PLAN AND ZONING
Durham Reqional Official Plan
- the Durham Regional Official Plan identifies the subject lands 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.
Information Report No. 34-02 Page 2
3.2 Pickerinq Official Plan
- the subject property is designated "Urban Residential Area - Low Density Area"
within the Brock Ridges Neighbourhood;
- this designation permits residential development up to and including 30 units
per net hectare for development within an "Urban Residential Area - Low Density Area",
the proposed development would provide a net density of 26,27 units per net
hectare;
- Schedule II of the Pickering Official Plan -"Transportation Systems"
designates McBrady Crescent as a Local Road;
the applicant's proposal appears to conform to the applicable Official Plan
policies.
3.3 ZoninR By-law 3036
the subject property is currently zoned "S3" - Detached Dwelling Residential Zone
by By-law 3036 as amended by By-law 2024/85 and 2099/85;
this zone permits the establishment of one detached dwelling unit on a lot
with a minimum lot frontage of 12 metres and a minimum lot area of
350 square metres;
an amendment to the zoning by-law is required to permit the establishment of
a second dwelling unit within the existing main dwelling unit.
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
- no written resident comments have been received to date;
4.2 Agency Comments
- no agency comments have been received to date;
4.3 Staff Comments
- in reviewing the application to-date, the following matters have been identified
by staff for further review and consideration:
the compatibility of the proposed development with the existing built form;
examination of the existing parking situation on-site, 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.
Information Report No. 34-02 Page 3 J. 5
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 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.
6.0
6.1
6.2
6.3
OTHER INFORMATION
Appendix No. I
list of neighbourhood residents, community associations, agencies and
City Departments that have commented on the applications at the time of
writing report;
Information Received
full scale copies of the Applicant's submitted plan are available for viewing at
the offices of the City of Pickering Planning & Development Department;
Property Principal
- the principal of this property is Sandrea Barrett.
G~nowski
Planning Technician
Lynd~ Ta'~lor, MCIP. x,F~PP
Manager, Development Review
GXR:td
Attachments
Copy: Director, Planning & Development
16
APPENDIX NO. I TO
INFORMATION REPORT NO. 34-02
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date;
COMMENTING AGENCIES
(1) none received to date;
COMMENTING CITY DEPARTMENTS
(1) Planning & Development Department;
ATTACHMENT #..~T0
INFORMATION REPORT#~
.1.7
BAGGINS
DELLBROOK
OREENMOUNT
AVENU~
McBRADY
PROPERTY
CORR'/OO~
ALPINE LANE
CRESCENT
ROAD
'ENUE
'"lx,\/lllJ I I
City of Pickering
WEST
AVE..E .,NCN AVENOE
r--FFFFq , , , \ I
Planning & Development Department
PROPERTY DESCRIPTION PART OF LOTS 102 & 103, PLAN 40M-1380 NOW 40R-9291, PART 10
APPLICANT S. BARRE'I-r
APPLICATION No. A18/02
DATE
SCALE
OCT. 3, 2002 I ORAWN BY lB
1:7500 -I CHECKED BY GR
FOR DEPARTMENT USE ONLY PN-13 PA-
1,8
PICKERING
INFORMATION REPORT NO. 33-02
FOR PUBLIC INFORMATION MEETING OF
NOVEMBER 21sT, 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 11/02)
The GIMI Construction Company Ltd.
550 Finch Avenue
Parts 1 and 3 of 40R-10641; and Part 2, 40R-11450
Part of Lot 30, Concession 2
City of Pickering
1.0
2.0
3.0
3.1
PROPERTY LOCATION AND DESCRIPTION
the subject property is located on the north side of Finch Avenue, east of
Rosebank Road, west of Ameretto Avenue (see location map, Attachment #1 ).
APPLICANT'S PROPOSAL
the subject property is approximately 0.3 hectares in area;
the applicant is proposing two buildings with an approximate total floor area of
806 square metres (8,675 square feet). Building A is approximately
218 square metres and Building B is approximately 588 square metres
(see Applicant's Submitted Plan, Attachment #2).
the applicant proposes to change the zoning on the subject property to permit
retail, convenience commercial, and personal service uses;
the applicant has also submitted an application for Site Plan approval
(file # S-005/02).
OFFICIALPLAN ANDZONING
Durham Reqional Official Plan
- subject property is designated as "Living Area" and "Open Space Linkage" in
the Durham Region Official Plan;
Information Report No. 33-02 Page 2 .lj 9
3,2
3,3
4.0
4.1
the Region of Durham Planning Department will provide comments regarding
conformity with the Durham Region Official Plan, servicing and delegated
Provincial review responsibilities.
Pickerinq Official Plan
the subject property is designated "Low Density- Urban Residential" in the
City of Pickering Official Plan;
the "Low Density - Urban Residential" designation permits primarily housing
and related uses and activities. However, compatible employment uses, and
compatible special purpose commercial uses serving the surrounding area
are also permitted;
Section 3.9(b) of the City of Pickering Official Plan states that City Council
may zone to permit the above-noted uses, and in doing so, will apply
appropriate performance standards, restrictions and provisions;
- Section 3.9(c) of the City of Pickering Official Plan states that in establishing
performance standards, restrictions and provisions, particular regard shall be
had for the following:
o protecting and enhancing the character of the established
neighbourhoods, considering such matters as building height, yard
setback, lot coverage, access to sunlight, parking provisions, and
traffic implications;
o restricting the size height and/or floorspace of non-residential
development in response to provisions specified in a Part Three
Neighbourhood Plan to prevent excessive commercial development, or
where neighbourhood character and/or environmental constraints
warrant;
- the subject property is located within the "Amberlea Neighbourhood" of the
City of Pickering Official Plan;
Zonin.q By-law 3037
the subject property is currently zoned "02" - Public and Pdvate Open Space Zone,
in Zoning By-law 3036, as amended;
the "02" zone permits such uses as parks, walks, statues, fountains play lots,
playfields, playgrounds, athletic fields, etc.;
retail, convenience commercial, and personal services uses are not permitted
under the current zoning;
a zoning by-law amendment is required to permit the proposed uses.
RESULTS OF CIRCULATION
Resident Comments
- none received to date;
Information Report No. 33-02 Page 3
4.2 A.qency Comments
none received to date;
4.3 Staff Comments
4.3.1 Information Submitted by the Applicant:
Environmental Report
the subject property backs onto the Rouge Duffin's Wildlife Corridor identified
on Schedule III to the City of Pickering Official Plan;
Section 15.9 of the Official Plan requires that an environmental report be
completed for the subject property because it is located within 50 metres of
the Rouge Duffin's Wildlife Corridor;
the Environmenlal Rep:~ prepared for 1he applicant by Niblett Environrrental Assodates Inc.
concluded that the proposed development will not have an impact on the
features and functions of the Rouge-Duffins Wildlife Corridor, provided the
following mitigation measures are implemented:
1. Use and storage of heavy equipment, stockpiles, debris and site
grading should not occur outside of the property boundary;
2. The property boundary should be clearly marked and staked prior to
site grading. Temporary silt fencing would help operators visually to
avoid entering the corridor;
3. use of diffuse lighting and directing lighting away from the corridor
(facing south) to limit pollution of the corridor. Security lighting should
be diffuse and splash onto the paved areas only;
4. A solid wooden fence should be constructed along the entire northern
boundary of the development to prevent light pollution and disturbance
to the wildlife using the corridor;
5. A wildlife-monitoring program is not recommended for this
development due to the small scale of the development and adjacent
development.
Phase I Environmental Site Assessment (ESA)
City Staff understand that, due to filling and grading on the subject property,
as well as unknown former land uses, a Phase I Environmental Site Assessment
(ESA) was needed to determine potential contamination on the subject
property;
the Phase I ESA prepared for the applicant by Pinchin Environmental,
submitted with the rezoning application, concluded that "due to the presence
and unknown source of the fill material on [the subject property], a subsurface
investigation is recommended to determine the presence or absence of
contaminants at the Site".
Information Report No. 33-02 Page 4 ~
4.3.2 Staff Comments
5.0
6.0
6.1
In reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
o appropriateness of the site for the proposed use;
o development constraints;
o compatibility with surrounding land uses;
o impact on surrounding land uses;
o servicing constraints;
o conformity with the City of Pickering Official Plan, the Durham Region
Official Plan and other applicable policies;
o impact on Amberlea Neighbourhood;
o review of Phase I Environmental Site Assessment regarding potential
site contamination;
o review of the Environmental Report regarding impact on
Rouge-Duffin's Wildlife Corridor; and
o agency and department comments,
approval of the Site Plan application is also required prior to development
proceeding.
PROCEDURAL INFORMATION
written comments regarding this proposal should be directed to the
Planning & Development Department;
oral comments may be made at the Public Information Meeting;
all comments received will be noted and used as input in a Planning Report
prepared by the Planning & Development Department for a subsequent
meeting of Council or a Committee of Council;
if you wish to reserve the option to appeal Council's decision, you must
provide comments to the City before Council adopts any by-law for this
proposal;
if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
OTHER INFORMATION
Information Received
copies of the following information submitted by the applicants are available
for viewing at the offices of the City of Pickering Planning & Development
Department:
o applicant's submitted conceptual site plan;
o Phase I Environmental Site Assessment (ESA);
o Environmental Report.
Information Report No. 33-02 Page 5
6.2
Company Principal
Mitko Stankovsky is President of The GIMI Construction Co. Ltd.;
The GIMI Construction Co. Ltd. is the registered owner of the subject
property;
Bob Martindale, Martindale Planning Services, is the agent for the Zoning
By-law Amendment application;
Suu-Dda Patkar, Suu-Dda Patkar Architectural Corporation, is the agent for
the associated Site Plan application (File # S-005/02).
_~,~Edw~r~l W Belsey
Planner II
Lynda -f"aylor, MCIPI/, RPP
Manager, Development Review
EB:td
Attachments
Copy: Director, Planning & Development
ATTACHMENT#~TO
INFORMATION REI::K:IRT#~
23
0 00; uJ
HICHWEW ~
Ciby of Pickering Planning & Development Department
PROPERTY DESCRIPTION CON 2 PT LOT 30 NOW FIR 40FI10641 PAFIT 1 TO 3 AND FIR 40FIl1450 PAFIT 2
APPLICANT GIMI CONSTRUCTION CO. LTD. DATE OCT. B, 200'~ DRAWN BY lei
APPLICATION No. Al l/I~ SCALE 1:7500 CHECKED BY EEl
FOF1 DEPARTMENT USE ONLY PN-11 PA-
Ill
PICKERING
25
INFORMATION REPORT NO. 31-02
FOR PUBLIC INFORMATION MEETING OF
November 21, 2002
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT:
City Initiated Applications to Amend the
Pickering Official Plan (file: OPA 02-003/P) and
Zoning By-laws (file: A 19/02)
To Permit Accessory Dwelling Units in Existing Dwelling Units
City of Pickering
1,0
BACKGROUND
on June 16, 1997, Pickering Council considered an Interdepartmental
Development Team Report (IDT Report No. 1/97) respecting two units in
housing; City Council, through Resolution #215/97, provided direction to staff
to initiate a zoning review addressing the establishment of new accessory
dwelling units in houses and consider the establishment of a registry for
accessory dwelling units concurrently with its review of the zoning provision;
on June 6, 2002, Pickering Council considered a Planning & Development
report (PD Report No. 25-02) respecting accessory dwelling units in housing;
and City Council, through Resolution #87/02, provided direction to staff to
host a Public Information Meeting to consider both Official Plan amendment
and Zoning By-law amendments to address accessory dwelling units in
certain dwelling types;
accessory dwelling units in housing has been an issue that most major
municipalities in Ontario have had to address in some manner; it is not known
how many accessory apartments currently exist in Pickering, as there is no
formal mechanism to accurately track this type of residential occupancy and
as the vast majority of existing accessory dwelling units were established
without obtaining a building permit;
for the purpose of this report an accessory dwelling unit means a second
dwelling unit that is created within an existing dwelling unit but does not
include a second dwelling unit created in an accessory or secondary building.
Information Report No. 31-02
Page 2
2.0
3.0
3.1
PROVINCIAL LEGISLATION
in 1994, the Province of Ontario passed the Residents' Rights Act (Bill 120)
to allow self-contained second units in houses, provided that building,
fire and applicable planning standards were met;
this law superseded local zoning by-laws and applied to detached,
semi-detached and townhouses located in all zones allowing residential
uses, provided the building was connected to a municipal sanitary
sewer;
- this provided all detached, semi-detached and townhouse homeowners
the "as-of right" ability to establish an accessory dwelling unit in their
dwelling if they could meet the applicable building, fire and planning
standards;
- the Ontario Fire Code was also changed in 1994 to include safety
requirements for apartments in houses; homeowners were given a two-
year compliance period to upgrade their houses if they had an existing
accessory dwelling unit;
the Provincial Government then passed the Land Use Planning and
Protection Act (Bill 20) in May of 1996 which restored the municipal
zoning authority to control where accessory dwelling units may be
created and the standards that would apply; this was the authority that
was lost under the Residents' Rights Act;
- as a result, homeowners could not create a new accessory dwelling
unit unless the local zoning by-law permitted such a use; in Pickering
there is no "as-of-right" zone that permits an accessory dwelling unit
and any property owner that proposes to create an accessory dwelling
unit is required to make an application to amend the zoning by-law for a
site specific zone that would allow an accessory dwelling unit.
OFFICIAL PLANS AND ZONING BY-LAWS
Durham Reqional Official Plan
a goal of the housing polices is to provide a wide diversity of residential
dwellings by type, size and tenure to satisfy the social and economic
needs of present and future residents;
specifies that the maintenance and improvement of the existing housing
stock shall be encouraged;
specifies that intensification is encouraged within existing urban areas;
further the Region in conjunction with the area municipalities will plan to
accommodate approximately 20% of all new population growth through
intensification;
Information Report No. 31-02 Page 3 27
3.2
3.3
- Section 4.3.3 states that Regional Council shall support opportunities to
increase the supply of housing through intensification taking into account
the adequacy of municipal services and the physical potential of the
housing stock; housing intensification shall include, amongst others, the
conversion of single detached dwellings into multiple residential units;
- specifies that local municipalities, such as Pickering, shall ensure the
inclusion of polices and designations to implement the intent of the Plan
including polices to permit the conversion of single detached dwellings
into multiple units;
Pickering Official Plan
- the Pickering Official Plan states that City Council shall encourage 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 over time;
- further, City Council shall encourage the provision of an adequate supply
of housing throughout the City in terms of quantity, quality and diversity,
including the provision of an adequate supply of affordable, rental,
assisted and special needs housing;
- the Pickering Official Plan states in Section 6.4(d) that City Council shall,
zone to permit accessory apartments, garden suites and rooming homes
where appropriate;
- while the Official Plan has policies that permit accessory dwelling units,
clarification is required relating to density calculations for buildings
containing accessory dwelling units;
Pickerinq Zoninq By-laws
- the City of Pickering is currently governed by four (4) parent zoning by-
laws:
- Zoning By-law 3036 covers the portion of the City located between the
Third Concession Road in the north and Highway 401 in the south;
- Zoning By-law 3037 covers the portion of the City located between the
Third Concession Road and the northern limits of the municipality;
- Zoning By-laws 2511 and 2520 covers the portion of the City from the
Lake Ontario shoreline to Highway 401, with Zoning By-law 2520
generally covering the central portion of these lands and Zoning By-law
25'11 generally covering the eastern and western portion of these lands;
- none of the parent zoning by-laws permit accessory dwellings as-of-right
in any dwelling units with the exception of the few site specific locations
where property owners have made successful applications to Council for
their specific property;
- an amendment to all four (4) zoning by-laws will be required to permit an
accessory dwelling unit in certain types of existing dwelling units.
2'8 Information Report No. 31-02 Page 4
4,0 HISTORY OF ACCESSORY DWELLINGS IN PICKERING
accessory dwelling units have existed in Pickering for numerous years,
they have been constructed in existing dwelling units without the benefit
of a building permit or complying with existing zoning regulations,
resulting in the vast majority of accessory dwelling units being illegal;
accessory dwelling units are not currently formally tracked or registered in
the City, so it is not known exactly how many dwellings currently contain
accessory dwelling units;
the City is usually made aware of possible illegal accessory dwelling units
by complaints from neighbours, inspection of a property by the Fire Services
Division, through the review of building permit plans for alterations to existing
dwellings or through real estate advertisements;
when a homeowner requests recognition of an accessory dwelling units
within an existing dwelling, a site specific application is required to amend
the zoning by-law to permit the accessory dwelling unit; the City has
processed a few of these applications every year for the past few years;
the City has attempted to track suspected houses that contain accessory
dwellings and has generalized the location of these dwellings to
demonstrate that houses with accessory dwelling units are not isolated to
specific neighbourhoods in the City, but rather they occur in most
neighbourhoods throughout the City (see Attachment #1 ).
5.0 ACCESSORY DWELLING UNITS IN OTHER MUNICIPALITIES
the issue of accessory dwelling units is not unique to Pickering, numerous
municipalities have addressed the issue;
different municipalities have taken different approaches to the issue, from
amending the zoning by-laws to permit accessory dwelling units across
the municipality in different types of existing dwelling units, to prohibiting
accessory dwelling units and enforcing the zoning by-law strictly when
complaints are received;
Attachment #2 is a summary chart of the results of a survey of accessory
dwelling units in other municipalities including all abutting municipalities
and all the Durham Region lakeshore municipalities;
the survey indicates that some municipalities have made recent changes
to their zoning by-laws in order to recognize accessory dwelling units;
those municipalities that have permitted accessory dwelling units allow
them in detached dwellings and semi-detached dwellings, in most residential
zones that permit detached dwellings and semi-detached dwellings, and
require that one additional parking space be provided;
most of the municipalities that permit accessory dwelling units also have
established a registration by-law that requires all accessory dwelling units
to be registered with the municipality.
Information Report No. 31-02 Page 5
29
6.0
7.0
7.1
RENTAL APARTMENT VACANCY RATE
- accessory dwelling units were recently brought to City Council's attention
in the report from the Regional Chair's Task Force on Sustainable/Affordable
Housing; one of the recommendations of the Task Force was that area
municipalities be encouraged, to amend zoning by-laws to permit
accessory apartments as-of-right in all detached dwellings, subject to
Ontario Building and Fire Codes and local building codes and standards
in order to provide additional affordable rental housing;
- the need for additional rental housing is indicated in the vacancy rate for
apartments which is approximately one (1) percent of all rental apartments;
- there has not been the creation of a significant amount of affordable rental
housing in the City, lately which further compounds the Iow affordable rental
apartment vacancy rate.
DISCUSSION
General Overview
Community Costs/Benefits
there are numerous social and financial impacts to both homeowner and
the community that result from permitting accessory dwelling units;
one of the most important benefit is an increase in the amount of rental
housing, most of which would be classified as being affordable;
accessory dwelling units can also be a means of introducing social
diversity into a community by integrating another form of housing into
traditional Iow density neighbourhoods;
accessory dwelling units may provide homeowners with additional revenue to
be put toward the cost of home ownership or home maintenance;
the additional revenue could be especially beneficial for homeowners
living on a fixed income, such as seniors who desire to remain in their
home;
some accessory dwelling units are created in order to assist in a family
issue where family members of the property owner live in the accessory
dwelling unit to assist in either a financial, medical or emotional situation
of the other family member;
accessory dwellings provide homeowners with flexibility as homeowners
can adapt their home to best suit their changing financial, social and
space needs; this allows homeowners to add or remove an accessory
dwelling as their needs change;
Information Report No. 31-02 Page 6
the creation of accessory dwelling units allows for the intensification of
existing built-up residential neighbourhoods without the consumption of
more land; thus a form of smart growth as new dwelling units are created
that utilize existing municipal infrastructure and do not consume
significant resources in the creation of the new dwelling units;
from a neighbourhood/community perspective concerns related to
accessory dwelling units are often related to physical or social change;
perceived concerns related to physical changes include reduced property
maintenance, increased traffic and loss of privacy all of which could
possibly result in a decrease of property values;
concerns related to social changes include fears that lower income
tenants in accessory dwelling units will have a negative effect on the
neighbourhood image;
although concerns may exist respecting aspects of accessory dwelling
units such as (parking); accessory units occur in most neighbourhoods
without any knowledge of their existence;
Unit Type
when considering the appropriateness of accessory dwelling units there
should be established criteria that any dwelling unit must meet prior to
considering whether the dwelling unit can properly accommodate an
accessory dwelling unit;
all dwelling units (existing and proposed accessory dwelling units) must
meet all requirements of the Ontario Building Code and the Ontario Fire
Code;
the subject property must have sufficient space to accommodate one
additional parking space on the lot and the additional parking space must
be located in such a fashion that the majority of the front yard is not
entirely used as a driveway/parking area;
the subject property must have sufficient amenity space available to
accommodate the outdoor living needs of two dwelling units;
the existing dwelling unit should be of a sufficient size so that the resulting
dwelling unit and the accessory dwelling units will both have appropriate
floor space;
the accessory dwelling unit should be accommodated in the existing
dwelling with no visible physical change to the front fa(;ade of the existing
house;
if the above criteria was used in determining the type of dwelling unit that
may be capable of accommodating an accessory dwelling unit, it appears
that the majority of detached dwellings and some semi-detached
dwellings could meet the mentioned criteria, while dwelling units located
in townhouses or apartments would not be capable of meeting the
criteria;
Information Report No. 31-02 Page 7 ,,~.~
Zoninq Standards
if accessory dwelling units are to be permitted in the City of Pickering,
there should be certain zoning/performance requirements that must be
complied with prior to an accessory dwelling being an "as-of-right";
accessory dwelling units may be permitted in al_JI zones that permit a
certain dwelling type (such as detached dwelling and semi-detached
dwellings) or accessory dwelling units may only be permitted in certain
existing residential zones;
if an accessory dwelling unit is a permitted use, the requirement to
provide one (1) additional parking space would be a zoning requirement
in addition to the two (2) spaces normally required for the principal
residence;
other possible zoning requirements include: minimum lot area, minimum
lot frontage, minimum floor area for the accessory dwelling unit, location
of required additional parking space; a minimum front yard landscape
area;
the requirement that the property be on full municipal services is being
further investigated;
the requirement that the owner of the property must reside in either the
main dwelling unit or the accessory dwelling unit is also being considered;
Property Assessment and Municipal Taxes
in reviewing property assessment the determining factor for assessment
value is "finished" floor area;
an example is that there is no difference in assessment values between
houses with basements that are finished for personal use and those
basements that are finished in order to provide an accessory dwelling unit
provided the level/degree of "finishing" is the same;
however, an accessory dwelling unit may be created without significant
improvements to the existing dwelling if the entire original dwelling was
completed "finished" and only minor modifications are required in order to
create the accessory dwelling unit;
the establishment of most accessory dwelling units does result in
improvements to the original dwelling that will result in an increase in the
assessment value of the property;
since municipal taxes are directly related to property assessment, should
there be an increase in property assessment due to the establishment of
an accessory dwelling unit, the municipal taxes for a property will also
increase;
since the vast majority of existing houses that contain an accessory
dwelling unit were built without obtaining a building permit it can be
assumed that the properties have not been properly assessed and
therefore are not being appropriately taxed given the improvements that
may have be done in order to establish the accessory dwelling unit;
Information Report No. 31-02 Page 8
Re,qistration
when the Provincial Government passed the Land Use Planning and
Protection Act (Bill 20) in May of 1996, which restored the municipal
zoning authority to control where accessory dwelling units may be
created, this Act also provided a method for municipalities to keep a
record of buildings containing an accessory dwelling by adding new
provisions to the Municipal Act;
Section 207.3 of the Municipal Act provides the authority for a by-law to
be passed to require that houses with an accessory dwelling unit be
registered and that an inspection for compliance with safety standards be
a prerequisite for registration;
without a registration by-law there is no requirement that homeowners
advise the City that their building contains an accessory dwelling unit;
the establishment of a registration by-law will place the onus on the
property owner of a house containing an accessory dwelling unit to
register their house with the City;
a registration by-law can require that all accessory dwelling units be
inspected to ensure that they comply with all relevant standards set out in
the Ontario Building Code, the Fire Code, the zoning by-law and the
Minimum Maintenance (Property Standard) By-law.
8.0
8.1
8.2
RESULTS OF CIRCULATION
Resident Comments
no comments from the public have been received as of the date of the
writing of the report;
Agency Comments
no comments from any agency has been received as of the date of the
writing of the report;
9.0
9.1
PROCEDURAL INFORMATION
Official Plan Amendment Approval Authority
the Region of Durham may exempt certain local official plan amendments
from Regional approval if such applications are determined to be locally
significant, and do not exhibit matters of Regional and/or Provincial
interest;
at this time, the Region has not yet determined whether this official plan
amendment application is exempt from Regional Approval;
Information Report No. 31-02 Page 9
33
9.2 General
written comments regarding this proposal should be directed to the
Planning & Development Department;
oral comments may be made at the Public Information Meeting;
.... ' '-- -~*~,~ --,~,~ ,,~'-'~ ~q inn~it in a Planninq
ATfACHMENT
INFORMATION REPORT#~
TAUNTON
TAUNTON
HEIGHTS
TRAIL
THIRD CON.
LAKE ONT.4t~IO
APPLICATIONS TO AMEND THE PICKERING OFFICIAL PLAN (OPA 02-003/P)
AND ZONING BY-LAWS (A019/02) TO PERMIT ACCESSORY DWELLING UNITS
AREAS WHERE EXISTING ACCESSORY DWELIJNGS
ARE SUSPECTED