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HomeMy WebLinkAboutInformation Report 06-21Information Report to Planning & Development Committee Report Number: 06-21 Date: March 1, 2021 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Zoning By-law Amendment Application A 03/21 City Initiated Part of Lot 18, Concession 9, Part of Lot 2, Plan 12 (5015 Brock Road) 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding an application for Zoning By-law Amendment, initiated by the City, to correct a mapping error within Zoning By-law 3037, as amended by the Oak Ridges Moraine Conformity By-law 6640/06. This report contains background information on the proposed amendment. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. Planning & Development Committee will hear public delegations on the applications, ask questions of clarification, and identify any planning issues. This report is for information and no decision on this application is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon review of the comments received and revisions to the amendment if necessary. 2. Background Information An application for Zoning By-law Amendment was submitted by Glenda Winterstein for 5015 Brock Road in 2001, to amend Zoning By-law 3037 to permit 5 residential apartment units in addition to the existing commercial uses. Council approved the application for 5 residential dwelling units on June 6, 2005 (Resolution #88/05, Item #3) and passed the amending Zoning By-law 6525/05 on the same day. Following Council’s approval, an appeal was filed by the Region of Durham on the grounds that 5 residential dwelling units could not be properly serviced by the private on-site sewage system. On March 27, 2006 the Ontario Municipal Board (OMB) ordered that the Region’s appeal be allowed in part and By-law 6525/05 be amended to permit a maximum of 4 dwelling units and 1 commercial unit on the subject property. In 2005, during the processing of the rezoning application submitted by Glenda Winterstein for 5015 Brock Road and appeal of the By-law to the OMB, a City initiated rezoning was commenced to amend Zoning By-law 3037, to implement the Oak Ridges Moraine Conservation Plan. Through this rezoning, the subject property was proposed to be rezoned to “ORM-C2-1” which, in addition to various commercial uses permitted in the “ORM-C2” zone, permits a maximum of 4 dwelling units. This maintained the residential use rights obtained through the Zoning By-law Amendment application submitted by Glenda Winterstein. Information Report 06-21 Page 2 However, a mapping error was made and the subject property was zoned “ORM-C2” on the Zoning Schedule, permitting various commercial uses only. Amending By-law 6640/06 to implement the Oak Ridges Moraine Conservation Plan was approved by Council, with the mapping error, on March 6, 2006 and approved by the Minister of Municipal Affairs and Housing on October 22, 2009. The error was discovered when the owner of 5015 Brock Road recently placed her property up for sale and a lawyer’s zoning compliance request for the property identified the zoning as “Oak Ridges Moraine – General Commercial (ORM-C2)”. The City of Pickering is proposing to correct the mapping error within Zoning By-law 3037, as amended by the Oak Ridges Moraine Conformity By-law 6640/06. The purpose of the amendment is to reinstate the zone designation for the subject property to that which existed with the passing of By-law 6640/06, restoring the residential use rights of a maximum of 4 dwelling units on the subject property and the required parking provisions. 3.Proposed Zoning Amendment City staff propose to amend Schedule 8 of By-law 3037, as amended by By-law 6640/06, to rezone the subject property from “Oak Ridges Moraine – General Commercial (ORM-C2)” Zone to “ORM-C2-1” Zone. 4.Public Notice In addition to the standard departments and agencies, written notice of the Statutory Public Meeting was provided to landowners within 150 metres of the subject property. The notice was also posted on the City’s website. 5.Comments Received The application was circulated for comment on February 8, 2021. 5.1 Public Comments As of writing this report, no comments have been received from the public. 5.2 Agency Comments As of writing this report, no comments have been received from external agencies. 5.3 City Department Comments As of writing this report, no comments have been received from internal departments. 6.Planning & Design Section Comments The following is a summary of key concerns/issues or matters of importance raised to date: •City staff have identified 5019 Brock Road, the abutting lot to the north of the subject property, as also being incorrectly zoned as “ORM-C2-1” on Schedule 8 of By-law 3037, as amended by By-law 6640/06. The correct zoning for this property is “ORM-C2”. •City staff intend to initiate another application for Zoning By-law Amendment to correct the mapping error on 5019 Brock Road, and any other mapping error identified within the Hamlet of Claremont. Information Report No. 06-21 Page 3 Further issues may be identified following receipt and review of comments from the circulated departments, agencies and public. The City Development Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and public. 7.Information Received •None required. 8.Procedural Information 8.1 General •written comments regarding this proposal should be directed to the City Development Department; •oral comments may be made at the Electronic Statutory Public Meeting; •all comments received will be noted and used as input to a Recommendation Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council; •any member of the public who wishes to reserve the option to appeal Council’s decision must provide comments to the City before Council adopts any by-law for this proposal; and •any member of the public who wishes to be notified of Council’s decision regarding this proposal must request such in writing to the City Clerk. 9.Owner/Applicant Information The City is the applicant. Attachment: 1.Location Map Prepared By: Approved/Endorsed By: Isabel Lima Catherine Rose, MCIP, RPP Planner I Chief Planner Deborah Wylie, MCIP, RPP Manager, Zoning & Administration IL:DW :ld Date of Report: February 12, 2021 Original Signed By Original Signed By Original Signed By   Brock Road Central Street Dow Street William Street Lane Street BarclayStreetFranklin Street Wellington Street Lorn StreetVictoria Street Livingston StreetCanso Drive ClaremontMemorial Park ClaremontPublicSchool © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources.All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.;© Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:Applicant:Property Description: A 03/21 Date: Feb. 05, 2021 ¯ E City of PickeringPart of Lot 18 Con 9 S, Part of Lot 2 Plan 12(5015 Brock Road) SubjectLands L:\PLANNING\01-MapFiles\A\2021\A 03-21 - City of Pickering\A03_21_LocationMap.mxd 1:4,000SCALE:THIS IS NOT A PLAN OF SURVEY. Attachment #1 to Information Report 06-21