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HomeMy WebLinkAboutPLN 18-21Report to Planning & Development Committee Report Number: PLN 18-21 Date: April 6, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 03/21 City Initiated Part of Lot 18, Concession 9 S, Part of Lot 2, Plan 12 (5015 Brock Road) Recommendation: 1.That City Initiated Zoning By-law Amendment Application A 03/21 to amend By-law 3037, as amended by By-law 6640/06, to zone lands municipally known as 5015 Brock Road from “Oak Ridges Moraine – General Commercial (ORM-C2)” Zone to “ORM-C2-1” Zone restoring the residential use rights of a maximum of 4 dwelling units, be endorsed, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN18-21 be finalized and forwarded to Council. Executive Summary: The subject lands are located on the east side of Brock Road, north of Central Street within the Hamlet of Claremont, municipally known as 5015 Brock Road. Currently existing on the lot is a building consisting of one and two-storeys, with a commercial unit within the one-storey portion of the building, and four dwelling units within the two-storey portion of the building. A City initiated rezoning was commenced in 2006 to amend Zoning By-law 3037, to implement the Oak Ridges Moraine Conservation Plan. Through this rezoning, 5015 Brock Road was proposed to be rezoned to “ORM-C2-1” which, in addition to various commercial uses permitted in the “ORM-C2” zone, permitted a maximum of four dwelling units. However, a mapping error was made and 5015 Brock Road was zoned “ORM-C2” on Zoning Schedule VI, 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 purpose of this report is to seek final Council approval of the City initiated amendment to Zoning By-law 3037, as amended by By-law 6640/06, to reinstate the zone designation for the subject property to that which existed with the passing of By-law 6640/06. Enactment of the recommended by-law will restore the residential use rights of a maximum of four dwelling units and the required parking provisions. It is recommended the draft by-law be finalized and forwarded to Council for enactment. Financial Implications: The recommendations of this report do not present any financial implications for the City. Report PLN 18-21 April 6, 2021 Subject: City Initiated: 5015 Brock Road Page 2 Discussion: 1.Background 1.1 Property Description The subject lands are located on the east side of Brock Road, north of Central Street within the Hamlet of Claremont, municipally known as 5015 Brock Road (see Location Map, Attachment #1). The site contains a one and two-storey building existing on the lot, with a commercial unit within the one-storey portion of the building, and four dwelling units within the two-storey portion of the building. The current commercial unit is a hair salon. The commercial and residential uses have existed on the site for over 15 years. There are 6 parking spaces on the lot. 1.2 Background Information An application for Zoning By-law Amendment, submitted by Glenda Winterstein for 5015 Brock Road in 2001, was approved by the Ontario Municipal Board on March 27, 2006, to amend Zoning By-law 3037 to permit a maximum of four dwelling units and one commercial unit on the subject property. A City initiated rezoning was also commenced in 2006 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 four dwelling units. However, a mapping error was made and the subject property was zoned “ORM-C2”, 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 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 amendment will 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 four dwelling units on the subject property and the required parking provisions. 1.3 Draft Implementing Zoning By-law Amendment The draft amendment, as set out in Appendix I, amends 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. 2.Public Consultation and Comments 2.1 March 1, 2021 Statutory Public Meeting The application was circulated to the standard departments and agencies for review and comment on February 8, 2021. Written notice of the Statutory Public Meeting was mailed to landowners within 150 metres of the subject property. The notice was also posted on the City’s website. Report PLN 18-21 April 6, 2021 Subject: City Initiated: 5015 Brock Road Page 3 One resident made an oral submission at the meeting. The landowner of a commercial building within the immediate area of the subject property expressed concerns with the City initiated application, as the application could set a precedent for the City to change the zoning on the landowner’s property. 2.2 Written Submissions At the time of writing this report, no written comments were received from the public. 3.Agency Comments 3.1 Region of Durham •the Region generally has no concerns with the proposed zoning by-law amendment; and •the Regional Works Department has no concern with the processing of the Zoning By-law amendment application. 4.Planning Analysis 4.1 Proposal Conforms to the Pickering Official Plan The Pickering Official Plan designates the subject property as “Oak Ridges Moraine Rural Hamlet”. Lands within this designation are predominantly residential, and contain a number of other land uses and activities, including commercial, community, cultural and recreational opportunities. Rural hamlets are the service and social centres of the surrounding rural area, and the primary focus for limited new rural growth and development (both for residential and other complementary and support facilities). The permissible uses within the Rural Hamlet designation include residential and commercial uses. 4.2 Staff Recommend an Implementing Zoning By-law Amendment be Forwarded to Council for Enactment Staff recommend the Zoning By-law Amendment, as set out in Appendix I, to amend By-law 3037, as amended by By-law 6640/06, to rezone 5015 Brock Road from “Oak Ridges Moraine – General Commercial (ORM-C2)” Zone to “ORM-C2-1” Zone, be finalized and forwarded to Council for enactment. Appendix: Appendix I Draft Implementing Zoning By-law Amendment Attachment: 1.Location Map Prepared By: Original Signed By Isabel Lima Planner I Original Signed By Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Report PLN 18-21 April 6, 2021 Subject: City Initiated: 5015 Brock Road Page 4 Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO IL:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 18-21 Draft Implementing Zoning By-law Amendment The Corporation of the City of Pickering By-law No. XXXX/21 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended by By-law 6640/06 to implement the Official Plan of the City of Pickering, Region of Durham for land at Part of Lot 18, Concession 9 S, Part of Lot 2, Plan 12, in the City of Pickering. (A 03/21) Whereas the Council of The Corporation of the City of Pickering initiated an application to rezone the subject lands being Part of Lot 18, Concession 9 S, Part of Lot 2, Plan 12 in the City of Pickering to restore the residential use rights of a maximum of four dwelling units that existed prior to the passing of By-law 6640/06; And whereas an amendment to By-law 3037, as amended by By-law 6640/06, is deemed necessary to reinstate the residential use rights; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Schedule I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2.Area Restricted The provisions of this By-law shall apply to those lands in Part of Lot 18, Concession 9 S, Part of Lot 2, Plan 12, in the City of Pickering, designated “ORM-C2-1” on Schedule I attached hereto. 3.General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4.By-law 3037, as amended by By-law 6640/06 By-law 3037, as amended by By-law 6640/06, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended by By-law 6640/06. Draft By-law No. XXXX/21 Page 2 Draft 5.Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XX day of XXXX, 2021. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk ORM-C2-1 Dow StreetBrock RoadCentral Street Wixson StreetHenry Street Clerk Mayor Amended by By-LawPassed ThisDay of i NXXXX/21XXrd XXXX 202125.6m40.3m 40.0m 25.2mSchedule VI to By-law 6640/06 Attachment #1 to Report PLN 18-21   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.