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HomeMy WebLinkAboutFebruary 10, 2003PICK I RING Planning Committee Meeting Agenda Monday, February 10, 2003 at 7:30 p.m. Chair: Councillor McLean ADOPTION OF MINUTES Meeting of January 13, 2003 {11) 1. MATTERS FOR CONSIDERATION PLANNING & DEVELOPMENT REPORT PD 07-03 ZONING BY-LAW AMENDMENT APPLICATION A 18/02 SANDREA BARREl I 1626 MCBRADY CRESCENT (PART OF LOTS 102 & 103, PLAN 40M-1380) (PART 10, 40R-9291) PAGE 1-18 PLANNING & DEVELOPMENT REPORT PD 08-03 ZONING BY-LAW AMENDMENT APPLICATION A 10/02 CENTURY GOLD PINS LTD. 950 SHEPPARD AVENUE PART OF LOT 26, B.F.C., RANGE 3 19-39 PLANNING & DEVELOPMENT REPORT PD 09-03 DISPOSAL OF LANDS BLOCKS 7, 8 AND 9, PLAN 40M-1599, PICKERING (GLEN EDEN COURT) 40-46 CORRESPONDENCE Members of Council may formally table an item of correspondence that has been circulated by the Mayor, CAO, Clerk or other staff person. (IV) ADJOURNMENT RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 10/02, be APPROVED AS REVISED, subject to the conditions outlined in Appendix I to Report No. PD 08- 03 to permit additional retail and commercial uses, submitted by Century Gold Pins Ltd., for 950 Sheppard Avenue, being Part of Lot 26, B.F.C., Range 3, City of Pickering. 02 PICKERING REPORT TO PLANNING COMMITTEE Report Number: PD 08-03 Date: January 24, 2003 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 10/02 Century Gold Pins Ltd. 950 Sheppard Avenue Part of Lot 26, B.F.C., Range 3 Recommendation: That Zoning By-law Amendment Application A 10/02, be APPROVED AS REVISED, subject to the conditions outlined in Appendix I to Report No. PD 08-03 to permit additional retail and commercial uses, submitted by Century Gold Pins Ltd., for 950 Sheppard Avenue, being Part of Lot 26, B.F.C., Range 3, City of Pickering. Executive Summary: The applicant has requested that the Zoning By-law be changed to permit additional retail and commercial uses within the existing building on the subject property (see Location Map - Attachment #1). The subject property is only suitable for some of the applicant's requested uses, due to the size of the existing building, small lot area, limited on-site parking, and surrounding land uses (see Attachment #2). It is recommended that Council approve Zoning By-law Amendment Application A10/02, to permit only the following additional uses: bakery; commercial school; dry cleaning depot; financial institution; laundromat; personal service shop; restaurant (without drive-thru); and retail store, subject to the following conditions: (i) that the implementing by-law include an (H) Holding Symbol; and (ii) that prior to removal of the (H) Holding Symbol the owner will be required to enter into an appropriate development agreement and receive site plan approval from the City of Pickering. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Report PD 08-03 Subject: Century Gold Pins Ltd. (A 10/02) Date: January 24, 2003 Page 2 03 Background: 1.0 Comments Received 1.1 At the August 8, 2002 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 and #4) Resident Opposed (see Attachment #3): One local resident expressed concerns that the site was inappropriate for some of the proposed uses, and that there would be an increase in local traffic. 1.2 Following the Information Meeting Resident Opposed (see Attachment #4): - One letter of opposition was received outlining concerns regarding the limited size of the site; existing traffic congestion near the subject property; and that future uses should be limited to those with Iow parking requirements and traffic. 1.3 1.4 2.0 2.1 Agency Circulation The commenting agencies circulated had no objections to approval of the application (see Attachments #5-8). Specific comments from agencies regarding future development of the site will be addressed through site plan approval where appropriate. City Department Comments Municipal Property & Engineering · No objection. Development Control · No objection - provided that, if necessary, fronting the site and potential stormwater addressed through future site plan approval. minor road improvements management details be Discussion: The proposed uses conform to the Pickering Official Plan. The subject property is designated "Mixed Use - Mixed Corridor" in the Pickering Official Plan. The "Mixed Use - Mixed Corridor" designation permits the proposed uses to be considered for approval. Approval of the rezoning would implement the Pickering Official Plan designation. The proposed uses also conform to the Durham Region Official Plan. Report PD 08-03 Subject: Century Gold Pins Ltd. (A 10/02) Date: January 24, 2003 Page 3 2.2 The lot size, building siting, and available on-site parking restricts the type of uses that are appropriate. There is limited on-site parking available The subject property has limited lot area (0.12 hectares) and the building has limited floor area (200 square metres). Based on the limited lot area, the shape of the existing lot, and the size and siting of the existing building, the subject property may accommodate approximately 16 on-site parking spaces. The required on-site parking for the requested uses ranged significantly between 9 and 22 spaces, depending on the use. The subject property cannot provide the required parking for uses which generate high volumes of traffic and/or require additional parking (i.e. assembly hall; commercial club; commercial-recreational establishment). However, the subject property and existing building are suitable for uses which require approximately 16 parking spaces or less. Appropriate uses are restricted to those that are compatible with, and have negligible impact on, surrounding land uses. The applicant is proposing to add the same uses as those uses currently permitted at the neighbouring Dunbarton Plaza. However, the subject property is not suitable for certain uses. For example, a day nursery is not suitable due to the proximity to the CNR rail line to the north and east, nor are uses which generate higher volumes of traffic, where required parking cannot be accommodated on-site (i.e. drive-thru restaurant; food store; place of amusement or entertainment; assembly hall). The CNR rail line to the north of the subject property provides a physical and visual barrier/buffer between the subject property and residential uses to the north. Most of the proposed uses are compatible with the other existing surrounding land uses (i.e. medical office use to the west; car dealership and Police Credit Union uses to the south; and residential uses to the north). Therefore, most of the proposed uses would have negligible impact on; and would be complementary and compatible with surrounding land uses. Accordingly, it is recommended that the following uses be permitted: bakery; · business office; · commercial school; · dry cleaning depot; · financial institution; · laundromat; · personal service shop; · professional office · restaurant (without drive-thru); and · retail store. Report PD 08-03 Subject: Century Gold Pins Ltd. (A 10/02) Date: January 24, 2003 Page 4 O5 2.3 3.0 Approval of the application should be subject to an (H) Holding Symbol. Business and professional offices are currently permitted uses on the site and will continue to be permitted under current site development conditions. It is recommended that the introduction of any of the recommended additional uses, other than business and professional offices, be controlled through the use of an (H) Holding Symbol in the Zoning By-law, to ensure a higher level of site design to meet current municipal standards. This will ensure that matters such as on-site parking, site function (access/egress, traffic aisle movements, parking locations), site improvements (fencing, landscaping, paved surfaces, road improvements), and stormwater management are addressed prior to the introduction of other new uses. The owner will be required to receive Site Plan approval, and enter into an appropriate development agreement with the City, prior to the removal of the (H) Symbol. Applicant's Comments: The applicant is aware of the recommendations of this Report. Attachments: 2. 3. 4. 5. 6. 7. 8. Location Map Site Plan (circa 1976) Information Report, Statutory Public Meeting, August 8, 2002 Minutes from Statutory Public Meeting, August 8, 2002 Letter from Gayle Clow, 1811 Fairport Road Comments from Durham District School Board Comments from Durham Region Planning Department Comments from Canadian National Railway Properties Inc. 06 Report PD 08-03 Subject: Century Gold Pins Ltd. (A 10/02) Date: January 24, 2003 Page 5 Prepared By: Planner 11 Approved / Endorsed By: I~ ~cCt~ ~P ~);;e,o p m e nt Lynda D. Taylor, MClP,/R~'PP Manager, Development Review EB:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council T/h~s-J. Qui~if~, Chief/~minist~e Officer APPENDIX I TO REPORT NO. PD 08-03 07 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 10/02 That the implementing Zoning By-law: (a) continue to permit business and professional offices as permitted uses under current site development conditions; (b) place a (H) Holding Symbol on the subject property to restrict establishment of a bakery, commercial school, dry-cleaning depot; financial institution, laundromat, personal service shop, restaurant (without drive-thru), and/or retail store on the subject property until the owner enters into an appropriate agreement with the City and receives site plan approval to address, such matters as, site function (acces§/egress, traffic aisles, parking locations), site improvements (landscaping, paved surfaces, road improvements), and stormwater management. (c) include, but not be limited to, the following provisions: parking standards for the permitted uses; recognizing existing building setbacks, lot dimensions, and lot coverage; amend the existing SC-12 zone category to establish a new zone category for the additional permitted uses subject to an (H) - Holding Symbol. ATTACHMENT # ~I TO 0 8 REPORT # PD ¢~',~- c~ *~ City of Pickering Planning & Development Department PROPERTY DESCRIPTION LOT 40, PLAN 1051 ,~ OWNER CENTURY GOLD PINS LTD. DATE MAY 21, 2002 DRAWN BY JB FILE No. Al0/02 SCALE 1:5000 CHECKED BY GR FOR DEPARTMENT USE ONLY PN-7 PA- O9 INFORMATION COMPILED FROM APPLICANT~; SUBMITTED PLAN - A1 O/O2 S,'T£ P£A/Y ;q4;PT' ~ - P£A,%' 80 10 PICKERING ~'r~AoH~;,EI'~T #. _2, ,TO REPORT # PD ~/') ~ "~ 3 INFORMATION REPORT NO. 23-02 FOR PUBLIC INFORMATION MEETING OF August 8th, 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 010/02 Century Gold Pins Ltd. Part of Lot 26, B. F. C., Range 3 950 Sheppard Avenue 1.0 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the north-east corner of Sheppard Avenue and Merdton Road (see Attachment # 1); the subject property is currently developed as a one-storey business office used by Century Gold Pins Ltd.; access to the subject property is currently provided from Sheppard Avenue; the surrounding land uses include: the Dunbarton residential neighbourhood to the n°rth; Kingston Road, Highway 401, The Police Credit Union and two (2) vehicle sales and service establishments to the south / southeast; the Canadian National Railway to the east / northeast; and the Dunbarton Plaza and a gas bar / automobile service station to the west. 2.0 APPLICANT'S PROPOSAL the applicant is proposing to amend the existing zoning on the subject property to permit, in addition to the existing business and Professional office uses, the following commercial and retail uses: (i) Assembly hall (ix) Financial institution (ii) Bakery (x) Food store (iii) Business, office (xi) Laundromat (iv) Commercial club (xii) Place of amusement or (v) Commercial-recreational entertainment establishment (xiii) Personal service shop (vi) Commercial school 't (xiv) Private club (vii) Day nursery (xv) Restaurant- type A (viii) Dry cleaning depot (xvi) Retail store. 3.0 3.1 OFFICIAL PLAN AND ZONING Durham Re.qional Official Plan the subject property is designated LivingArea in the Durham Regional Official Plan; the predominant use of lands designated Living Area shall be for housing purposes; - the Living Area designation also permits limited, office development and limited retailing of goods and services; - the proposed uses appear to conform to .the relevant policies of the Durham Regional Official Plan; Information Report No. 23-02 3.2 Pickerinq Official Plan ATTACHMENT #...,~ TO Page 2 REPORT # PD ~ ~' -co .-~ 1! the subject property is designated Mixed Use Areas - Mixed Corridor within the Dunbarton Neighbourhood shown on Schedule I - LandUse Structure of the City of Pickering Official Plan; the Mixed Use Areas - Mixed Corridor designation permits the following uses: residential; retailing of goods and services; offices; restaurants; community, cultural and recreational uses; and special purpose commercial use's; - the Mixed Use Areas - Mixed Corridor designation encourages permitted uses to serve a broader area, at a community scale and intensity; - in establishing performance standards, restrictions and provisions for the Mixed Use Areas - Mixed Corridor areas, City Council shall have particular regard to encouraging development in an integrated manner for a wide variety of uses and purposes, and encouraging intensification over time, up to the maximum floor space indices outlined in the Official Plan; the maximum gross leasable floorspace for the retailing of goods and services within a Mixed Use Areas - Mixed Corridor designation, is to be determined by site specific zoning; - Council may, however, limit floorspace below the maximum permitted by the Official Plan policies to address concerns related to such matters as design, compatibility, and scale of development; and in response to provisions specified in the Part Three (Dunbarton) Neighbourhood Plan; 3.3 Compendium Document to the Official Plan the subject preperty is located within a Detailed Review Area of the Dunbarton Neighbourhood for which Council has not yet adopted area-wide development guidelines; Section 11.2 (d) of the Pickering Official Plan requires that development guidelines be prepared within a Detailed Review Area prior to any major development proceeding; 3.4 Zoninq By-law 3036 the subject property is currently zoned "SC-12" - Special Commercial, by By-law 3036, as amended by By-law 2498-87; the "SC-12" Zone currently permits the following uses: (i) Business office (ii) Professional office an amendment to the zoning by-law is required to permit the proposed commercial and retail uses. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no wdtten comments from residents have been received to date; 4.2 A.qencv Comments 4.3 no written comments from agencies have been received to date; Staff Comments 4.3.1 Land Use and Technical Matters although development guidelines for a Detailed Review Area are required pdor to major development proceeding, the applicant proposes to use the existing building on the subject property (see Attachment #2); staff considers the development to be minor in nature, and therefore, preparation of development guidelines are not required prior to permitting the proposed rezoning; 12 ATTACHMENT# ~ TO REPOR7 # PD ,.~ ~- .,3 '~ Information Report No. 23-02 Page 3 the existing Kingston' Road Corridor Urban Design Guidelines will provide some guidance for (re)development of the site; an application for Site Plan Approval may be required prior to any (re)development proceeding, but has not yet been submitted; in reviewing the application to date, the following matters have been identified by staff for further review and consideration:' · impact of the proposed uses on surrounding land uses; · compatibility of the proposed uses with surrounding land uses; · conformity with the applicable policies of the City of Picketing Official Plan and Compendium Document; · access to the subject property; and · small lot area which limits parking and may constrain (re)development. 5.0 PROCEDURAL INFORMATION wdtten '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 wdting to the City Clerk. 6.0 OTHER INFORMATION 6.1 Information Received legal plan of survey; Phase I - Environmental Site Assessment (a copy is available for viewing at the Planning & Development department); 6.2 Company Principal the Zoning By-law Amendment application has Richard Bdscoe on behalf of Century Gold Pins Ltd,; Richard Bdscoe is part owner of Century Gold Pins Ltd. been submiffed by Planner II EB:td Attachments Lynda D. Taylor, MblP, RPP Manager, Development Review · Copy: Director, Planning & Development Excerpts from Statutory Public Info~matlo~n Meeting Pursuant to the Planning Act ATTACHMENT # z/~ ..... TO REPORT ~' PD 42 oc - co _2) Wednesday, August 8, 2002 7:00 P.M. The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (IV) ZONING BY-LAW AMENDMENT APPLICATION A 10/02 CENTRUY GOLD PINS LIMITED (950 SHEPPARD AVENUE) Edward Belsey, Planner II, provided an explanation of the application, as outlined in Information Report #23-02. Sylvia Spencer, 771 Sheppard Ave. E. advised that she was opposed to the following uses: Assembly Hall, Bakery, Commercial club, Commercial-recreational establishment, Day nursery, Financial institution, Food store, Place of amusement or entertainment, Private club, and Restaurant. FROM : Brian + Gawlm Clow PHONE NO. : 985 839 B158 1.4 THE DUP~HAM DISTRICT SCHOOL BOARD Facilities Ser&ces 400 Taunton Road East ~X/hitby, Ontario L] R 2K6 Telephone: (905) 666-5500 1-800-265-396@ Fax: (905) 666~6439 ATTACHMENT REPORT # PD July 16, 2002 TO R~C~V~.D jUL 1 B 2OO2 C. ITY OF PICKERING PLANNING AND D~ELOPMENT DEPA2TM~ 15 JUL 1 8 ZI]oz CITY OF PICKERING PICKI~RING, ONIIFARIO The Corporation of the City of Pickering Planning Department Pickering Civic Centre One The Esplanade Pickering, Ontario L1V 6K7 A~ention: Mr. Ed Be!sey Dear Mr. Belsey, Zoning By-law Amendment Application A010/02 Century Gold Pins Ltd. Part of Lot 26, Broken Front Concession, Range 3 950 Sheppard Ave. 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 truly, Christine Nancekivell, Planner CN:em I:\PROPLAN\DATA\PLNG~ZBL\A 10/02 JUL The Regional Muni;ipallty of Durham , 16 .. ATTACHMENT July 31,2002 , R..EPOR~.#..PO Ed B~lsey, Planner Planning & DeveloPment Department One the. Esplanade Pickering; Ontado .. L1V 6K7 Planning Department 1615 DUNDAS ST. E. 4TH FLOOR, LANG ~OWER WEST BUILD!NG P.O. BOX 623 ~/HITBY~ ON. L1N 6A3 .(905) 728-7131 FA~ (905) 436-6612' Dear Mr. Belsey: Re: Zoning Amendment Application A 10/02 Applicant: ' CentUry Gold Pins Limited Location: Pa.rt of Lot26,.Range 3 B.F.C. Municipality: City of Pickering '. W~fw, re~_ ion.durham,on,c:~ A.L. Geo~tlleff, MClP. EPP Commissioner of Planning We have reviewed this application andthe follOwing comments are offered' wi'th respect to' 'compliance with the Durham Regional Official Plan, the proposed method of servicing and.delegated provincial' plan review responsibilities.... ' 'The .purpose of the application is to reZonethe subject property'to permit certain commercial and retail uses in addition to the existing permitted' 'USES. The subject property is. designated "Living Area". in the Durham Regional Official Plan. Limited office 'development .and' retailing of goods, and services are permitted.within this designation, .in appropriate locations... These uses are permitted as components of mixed use developments, provided that community, and Local Central Areas are designated Jn the area municipal official plan, and the functions and characteristics of the Central Areas are not a:..dver'sely'affected, The proposed amendment is in conformity with the Durham Regional. Official Plan, Municipal W. atet supply'end sanita~ry sewer services are available to tlie ,subject site,' " This applicatibn has'been· screened in accordance with' the terms of the · .provincial plan review respo..nsibilities, No provincial interests appear to be affected .... If you have any.questions e~'require additional'information~ .Please call · me. 100% Post Consumei YourstrulY~ ' ' · Ray Dav~es, Planner .. Current Operations.·Branch:. cc, .Rob RoY,.' Durham Region Works .Department · ; Page'2 Canadian Propri6t6s N~onal ferroviaires du Railway Canadlen properties lac, National Inc. ATTACHMENT ~ REPORT ~ PD_ 277 Front Street West FIo=¢ S Toronto, Ontario MSv 2×7 Facsimile'. (418) 217-674-q 277, rue Front oue~t Toronto (0ntado) MSV 2X7 T~l&phone: (416) 2~ 7-6961 T~16~pleu~ (416) 217-67a3 V%A FAX; g05-420-7648 13 August 2002 Mr. Ed Belsey Planning and Developmenl: Depart~nent City of Pickering One The Esplanade Picketing ON L;I.V 6K7 Your File: Our File: Dear Mr, Eelsey: Re; Proposed zoning By-Law Amendment 950 Sheppard Avenue, Part Lot 26~ BFC~ Range 3 CENTURY GOLD PZNS LTD. A 03.0/02 TZ~4500~P~02 RECEtVEO AUG 1 3 200 CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT____ We have reviewed the letter from the City Clerk dated 3.2 .luly 2002/ regarding the above noted application and have the following comments: 1. The Owner must install and maintain at his own expense, a chain link fence of minimum 1,83 moLTO height along the mutual properly line. Any proposed alterations to the existing drainage pattern affecting Railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisffaction of the Railway, Tn addiMon~ rail noise, vibration and safely should be considered in the design of the development~ to the satlsfa~on of the municipality. Appropriate miMgation measures should be included in the Zoning By-law Amendmen& CN's current guidelines recommend that the acceptable protective measures for the land use proposed include the following; A minimum 30 motto building setback from the railway dght-of-way in conjunction with an earthen berm, The berm should be 2,5 metres above grade a: the properly line, having side slopes not steeper than 2,5 to [, adJolnlng and parallel to the railway right-of-way with rei~rns a~ the ends, We. recommend that the Owner engage a consultant to undertake an analysis of noise and vibration and to undertake appropriate measures to mitigate any adverse effects from noise and/or vibration that were identified. W~ request receiving notice of the Amendment being approved. Should you have any further quesMons, please do not hesEate to contact the undersigned at (4Z6) 2Z7-696:t, Geoff Woods, B.E,S, Development Review Coordinator A wholly owned s~b~kllar/of Canadla~ National Railway Company / Uno flilale en pmprl~t~ exclusive de la Compagn[e des chemirm de for nq~naux du Ca,ada 19 RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 18/02, be APPROVED as set out in the draft by-law attached as Appendix I to Report No. 07-03, to permit the establishment of a second dwelling unit in the main dwelling unit, submitted by Sandrea Barrett, on lands being Part of Lots 102 & 103, Plan 40M-1380, (Part 10, 40R-9291), City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 18/02, as set out in Appendix I to Report Number PD 07-03 be forwarded to City Council for enactment. 20 PICKERING REPORT TO PLANNING COMMITTEE Report Number: PD 07-03 Date: January 24, 2003 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 18/02 Sandrea Barrett 1626 McBrady Crescent (Part of Lots 102 & 103, Plan 40M-1380) (Part 10, 40R-9291 ) Recommendation: That Zoning By-law Amendment Application A 18/02, be APPROVED as set out in the draft by-law attached as Appendix I to Report No. 07-03, to permit the establishment of a second dwelling unit in the main dwelling unit, submitted by Sandrea Barrett, on lands being Part of Lots 102 & 103, Plan 40M-1380, (Part 10, 40R-9291), City of Pickering, That the amending zoning by-law to implement Zoning By-law Amendment Application A 18/02, as set out in Appendix I to Report Number PD 07-03 be forwarded to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to permit the establishment of a second dwelling unit within their existing dwelling. The current zoning only allows one dwelling unit. The property is located on the west side of McBrady Crescent (see Location Map, Attachment #1). The existing house will continue to appear as a single dwelling unit, maintaining the visual impact and character of the neighbourhood. With the availability of parking in the two car garage and two spaces in the existing driveway, there is adequate parking for a second unit. It is recommended that the application be approved and the draft by-law be forwarded to Council for enactment. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Report PD 07-03 Subject: Zoning By-law Amendment Application A 18/02 Date: January 24, 2003 Page 2 Background: 1.0 Comments Received 1.1 At November 21, 2002 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #2 and #3) From Residents Opposed - traffic concerns - parking increase on street - second units not in character with community - community safety concerns - property maintenance concerns - precedent setting From Applicant wants a safe neighbourhood requires space for her grown children 1.2 Following Information Meeting Residents Opposed: - no sense of community - lower standards of living - negative neighbour relations - increase parking on street - safety of children in area - (see Attachments CfA to #5) Agencies: Durham Planning Department conforms with Regional Official Plan no Provincial interests (see Attachment #6) City Departments: Fire Prevention property would have to meet the requirements of the Ontario Building And Fire Codes (see Attachment #7). 22 Report PD 07-03 Subject: Zoning By-law Amendment Application A 18/02 Date: January 24, 2003 Page 3 2.0 2.1 Discussion 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. 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. Approval of this application will not prejudice the City's second unit review process. 2.2 2.3 Existing House will Continue to Appear as a Single Dwelling This rezoning application was a result of a building inspection of an approved building permit for a below grade entrance. Upon inspection, it was discovered that a second dwelling unit existed. Upon being advised that a second unit was not permitted, the applicant submitted a Zoning By-law Amendment Application. The existing zoning of the lands is 'S3'- Single Detached Dwelling Residential Zone, which permits one dwelling unit per lot. The introduction of a second dwelling unit and associated construction within the existing dwelling, and its impact on the established streetscape, was reviewed to ensure that the existing dwelling will continue to appear as one dwelling. The main dwelling will have two units, with no indication of the existence of a second dwelling unit. The second unit can be accommodated within the building without detection from outside thereby visually maintaining neighbourhood character within the Brock Ridge Neighbourhood. Existing Two-Car Driveway Provides Adequate Parking for Proposed Additional Unit The subject property currently supports two parking spaces in the existing attached garage and two in the driveway. Report PD 07-03 Subject: Zoning By-law Amendment Application A 18/02 Date: January 24, 2003 Page 4 23 3.0 Any increase in parking demand created by a second unit should be accommodated on-site, but may require the dedicated use of the garage for parking purposes. It is recommended, that a minimum of three parking spaces be maintained on the property at all times and that this requirement be established in the implementing zoning by-law. With four parking spaces currently in place, the site has adequate parking to accommodate the proposed second unit. The attached by-law, included as Appendix I to this report, implements Staff's recommendation to approve the establishment of a second dwelling unit in the main dwelling. Applicant's Comments The applicant is aware of the contents of this report and has reviewed the draft by-law. Attachments: 2. 3. 4. 5. 6. 7. Location Map Information Report Minutes from Public Information Meeting Letter from Dan & Pat Bates, 1625 McBrady Crescent E-Mail from Joanne Saagi, 1628 McBrady Crescent Comments from the Region of Durham Planning Department Comments from the City of Pickering, Operations & Emergency Services 24 Report PD 07-03 Subject: Zoning By-law Amendment Application A 18/02 Date: January 24, 2003 Page 5 Prepared By: Ge,~Tf RjC/r~anowski Planning Technician DN ~iel cCt~~,P~evelo p me nt GXR: pbd Attachments Copy: Chief Administrative Officer Approved / Endorsed By: Lynda ~ay~r, MClP, RPP~ Manager, Development Review Recommended for the consideration of Pickering City Council The~ 3'7. Qui(¢, Chie~dmin~ APPENDIX I TO REPORT NUMBER PD 07-03 25 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 18/02 26 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO: Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 2024/85 & 2099/85, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lots 102 & 103, Plan 40M-1380, (Part 10, 40R-9291), City.of Pickering. (A 18/02) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to change the zoning of the lands to permit the establishment of a second dwelling unit within the existing dwelling, on the subject lands, being; Part of Lots 102 & 103, Plan 40M-1380, (Part 10, 40R-9291 ), City of Pickering. AND WHEREAS an amendment to By-law 3036, as amended by By-law 2024/85 & 2099/85, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT SECTION 5. Provisions of By-law 2024/85 is hereby amended, as follows: (1) Clause 5. (1)(a) is amended by adding the following subclause: (ii) Despite subclause 5.(1)(b)(ix) or any other provision of this By-law, a detached dwelling unit on Part of Lots 102 & 103, Plan 40M-1380 may include a second dwelling unit in the main dwelling; (2) Clause 5.(1)(b)(x) is amended by adding the following paragraph: (a) where a detached dwelling is permitted to include a second dwelling unit, there shall be provided and maintained a minimum of three parking spaces on that lot. 2. BY-LAW 2024~85 By-law 2024/85 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section I above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 3. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second and third time and finally passed this day of ,2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk ATTACHMENT# I TO REPORT t PD ~ '7 - o9 27 BAGGfNS DELLBROOK AVENUE McBRADY PROPERTY ALPINE lANE CRESCENT ROAD CO~R'/OoR WEST cENUE FINCH AVENUE FINCH AVENUE City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOTS 102 & 103, PLAN 40M-1380 Now 40R-9291, PART 10 APPLICANT S. BARRiF..iT DATE OCT. 3, 2002 J DRAWN BY lEI ~'""~, APPLICATION No. A18/02 SCALE 1:7'500 I C_FlECKED BY GR FOR DEPARTMENT USE ONLY PN-13 PA- 28 ATTACHMENT# ~ ,, TO REPOR7 ~ PD~ 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 Picketing 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 PROPOSAI.. 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 ATTACHMENT #_...~___...T0 REPORT # PD ~ '7 -o % _ Page 2 29 3.2 3.3 4.0 4.1 4.2 4.3 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 developmellt within an "Urban ResidenlJal 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. Zoninq 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. RESULTS OF CIRCULATION Resident Comments - no'written resident comments have been received to date; Agency Comments - no agency comments have been received to date; 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 ATTACHMENT#. ~ -TO REPORT# 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 commepts 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 8,3 OTHER INFORMATION Appendix No. ! 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 Picketing Planning & Development Department; Property Principal the principal of this property is Sandrea Barrett. Gem ~,~nowski Planning Technician Lynd~'Tdylor, MCIP/F~P Manager, Development Review GXR:td Attachments Copy: Director, Panning & Development APPENDIX NO. I TO ~NFORMATION REPORT NO. '34-02 31 COMMENTING RESIDENTS AND' LANDOWNERS (1) none received to date; COMMENTING AGENCIES (1) none received to date; COMMENTING CiTY DEPARTMENTS (t) Planning & Development Department; 32 HCKERING Statutory Public Information Meeting ATTAC,V,E.T ~._~ m~'hursday, November 21, 2002 REPORT # PD CO7-O3 ...... 7:00 P.M. The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (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 Geoff Romanowski, provided an explanation of the application, as outlined in Information Report #34-02. Sandrea Barrett, applicant, advised that this application is to provide an additional bedroom and separate entrance for her grown children. Penny Giraudy, 1620 McBrady Cres, stated that she purchased in a single family development, paid extra to have more property and does not want to see basement apartments legalized which could possibly cause decreased assessment value. She has telephoned the by-law department about on-street parking and will continue to do so. She further stated that 1626 McBrady Cres. already had a three piece bathroom. Dan Bates, 1625 McBrady Cres., advised that they bought based on green space environment and schools. A second living unit in a home unfortunately causes increased garbage which, if not picked up, is thrown elsewhere, Renters are not concerned about the community and allowing basement apartments causes stress on relationships with neighbours. He stated his opposition to any additional basement apartments. Pat Bates, 1625 McBrady Cres., stated her disappointment with what is happening in her neighbourhood. Her concerns include increased traffic, value of their home, break-ins and other community problems. She further slated her concern that speaking out against basement apartments will cause ill feelings with neighbours. She doesn't understand the process or how this situation occurred. 33 Statutory Public' Information Meeting ATTACHMENT #.,.~ REPORT # PD o 7-0 '~ Thursday, November 2t, 2002 TO 7:00 P.M. 6~ Geoff Romanowski, advised that the applicant submitted an application for a new entrance and upon inspection the inspectors noticed the apartment and a stop work order was given. The applicant was informed of the zoning requirements and therefore submitted a rezoning application. Sandrea Barrett, applicant, confirmed that they are willing to comply with whatever the City requires. They are also concerned with safety, do not park on the road and there was no bathroom in the basement of this home when they purchased it. This apartment is only for their grown children when they come home from university and when the stop work order was issued, they immediately came in for a permit. 34. City Clerk, Mr. Bruce Taylor City of Pickering Picketing Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 email btaylor~city.pickering.on.ca Telephone (905) 420-4611 Fax (905) 420-9685 Mr. & Mrs. Bates 1625 McBrady Crescent Pickering, Ontario Canada L1X 2B7 email pmbates~rogers, com Telephone (905) 428-0056 FAX (905) 686-8912 Re: Zoning Amendment Application - A18/02 Dear Mr. Taylor, We are writing to express that we are opposed to the proposal to change the existing zoning of 1626 McBrady Crescent to permit the establishment of a second unit in the main dwelling. We have lived in our home on McBrady Crescent since purchasing it in 1987 when the subdivision was originally developed. The key reasons for choosing our home were related to safety and neighbourhood environment. We paid a premium for our lot with no plans of ever moving because we valued the location. Over time we have seen the degradation of the neighbourhood. Because of this, our valued neighbours have left or are planning to move as soon as possible. Basement apartments are largely to blame for this problem. They tend to exist in this neighbourhood because people can not afford their homes. They fill the main dwelling with extended family and friends, then they rent out the basement to whoever they can get. They don't care about the neighbourhood, they simply need affordable housing. This neighbourhood has become known for this and the current house values and new purchasers reflect this. We have more than our fair share of people and basement apartments in this neighbourhood akeady. We have observed that the large majority of people living in those basement apartments demonstrate a lack of interest and care in our neighbourhood so there tends to be a increase in theft, litter, destruction of public and private property, and civil disturbances. There have been many times where police had to be called to houses on McBrady Crescent that have basement apartments. In one situation, neighbours had to deal with young offenders, who stole property, threatened mothers and assaulted one of the fathers. Fortunately the neighbourhood banded together to work with the Police and the Courts to expel the criminal element from their basement apartment. We do not need the added worry of having to deal with yet another basement apartment. If the City is trying to generalize the placement of basement apartments throughout Pickering then new apartments in our neighborhood should be stopped until the rest of Pickering catches up to the same density of units. McBrady Crescent should be a premium location in this neighbourhood because of low traffic and low population. The houses are spaced about 40' apart on average and there are no houses on the side of the crescent facing Brock Road or Dellbrook Plaza. Also, where there are houses on the outside of the crescent, there is no sidewalk. This means that under normal circumstances with single family residences only, cars should not be parked on the road. The only traffic should be for those living or visiting here, thus allowing children to play safely, they same as they would living on a court. The police said it should be easy to keep the street safe because it is not a through street and we should be able to recognize unknown people and vehicles. We can no longer do this because we don't even know who our neighbours are because there are so many and they change so often. On top of having to deal with negative experiences with uncaring tenants, we have also experienced stress in our relationships with some neighbours who bring in basement apartments. An issue that we may have with their tenants' behaviour becomes an issue with the landowner. As homeowners we must compromise and get along w/th our neighbours. A single-family residence means that there should be only one family ATTACHMENT #~TO REPORT~ PD 4)'7~-~ 35 per home to deal with, and that they should have a vested interest in their property. That is the reason why single family residences carry the highest premium of all home purchase options. We believe that there will be only negative implications in permitting more dwelling units to be added to the existing houses in the neighbourhood. There does not seem to be any value to the neighbourhood for allowing second units in single-family dwellings, instead there will be a decrease in our quality of life and the financial value of our property. The only benefit would be to the landlord in the form of rental income. We did not purchase our home in the subdivision designed for mid-sized single-family residential dwellings with the expectation that the City would then perm/t changes that would significantly impact the ability of residents to use and enjoy their property and the neighbourhood as designed in the original plan. As per the specific situation with the home at 1626 McBrady Crescent, it is situated on the side of the street that has a sidewalk and it faces Brock Road. The driveway is already full so there would not be room for tenant vehicles. The applicant stated at the public meeting that her immediate neighbour at 1624 McBrady Crescent has a basement apartment that requires cars to be parked on the road, and that she has had problems with them. Both these homes have the same amount of parking space, yet the applicant appears to have more family living in her home, so we don't see how she won't add to the parking problem. This section of McBrady Crescent should have the least amount of traffic and parked vehicles and be the open area for children to play. The applicant applied for the rezoning after she had already installed the second dwelling without the necessary approvals. As basement apartments are illegal in the City of Pickering we would like the City to take the stance of all Municipalities included in Report No. 31-02 that boarder on Toronto and have the homeowner remove the illegal unit. By-laws need to be enforced in order for them to have meaning and deter illegal behaviour. Please prove wrong our neighbours who say it is pointless to voice their opinion because the City will not listen anyway, and even if the zoning is not approved that fl~e applicant will still keep the apartment since the By-laws ~von't be enforced. Please reward people for their efforts when they take the time and risk to speak out. We request that the City turn down the application for the zoning amendment that would allow a second unit to be added to the main dwelling at 1626 McBrady Crescent. Sincerely, Dan & Pat Bates cc. Mayor Wayne Arthurs, mayor~ci _ty.pickering.on.ca Regional Ward 3 Councillor Rick Johnson, riohnson(~city.pickering.on.ca Ward 3 Councillor David Pickles, dpickles~city.pickering.on.ca GeoffRomanowski, Planning Technician, gromanowski(~_.city.pickering.on.ca 36 Romanowski, Geoff Page 1 of 1 From: Taylor, Bruce Sent: November 29, 2002 2:04 PM To: Romanowski, Geoff Subject: FW: Application No. A18/02 For your information ..... Original Message ..... From: ]oanne Saagi [mailto:.lSAAGI@mccarthy.ca] Sent: November 28, 2002 10:50 AM To: Taylor, Bruce Subject: Application No. A18/02 1626 McBrady Crescent Pickering, Ontario Applicant: Sandrea Barrett I spoke with you earlier on this month with respect to this application. I am the direct neighbour at 1628 McBrady Crescent. I wish to advise that I oppose this application in that this is a single family residential neighbourhood and I do not wish to have the problems associated with tenants. Thank you for your time. Joanne Saagi 1628 McBrady Crescent Pickering, Ontario L1X 2B5 905-427-4761 NOTE: This e-mail message is intended only for the named recipient(s) above and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. if you have received this message in error, or are not the named recipient(s), please immediately notify the sender and delete this e-mail message. NOTE: Ce courriel est destin8 exdusivement au(x) destinataire(s) mentionn~(s) ci-dessus et peut contenir de I'information privildgi~e, confidentielle et/ou dispensde de divulgation aux termes des lois applicables. Si vous avez re(;u ce message par erreur, ou s'il ne vous est pas destin~, veuiilez le mentionner imm~diatement ~ I' exp~diteur et effacer ce courriel. 11/29/2002 The Regional Municipality of Durham Planning Department 1615 DUNDAS'ST. E. 4TH FLOOR, LANG TOWER WEST BUILDING P.O. BOX 623 WHITBy, ON L1N 6A$ (905) 728.7731' -~,X: (905) 436-6612 ww. region.durham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning November 7, 2002 ATTACHMENT# qEF'ORT #, PD Geoff Romanowski, Planning Technician Planning & DeVelopment-Department One the Esplanade Pickering, Ontario L1V 6K7 Dear Mrl Roman°wski: Re: Zoning Amendment Application A 18/02 Applicant: Sandrea Barrett. Location: Part of Lot 19, Concession 2 Municipality: City of Pickering .- 3? CFTY OF PICKERING PLANNING AND CEVELOPMENT DE ~ARTMEN'T we have reviewed this application and the following comments are offered with respect to compliance with the Durham Regional Official Plan, the proposed method of servicing and delegated provincial plan review responsibilities. The purpose of.the application is to amend the existing zoning on the subject lands to permit the establishment of a second dwelling unit. in the main dwelling. The subject property is designated "Living Area" in the Durham Regional Official Plan. Lands within this designation are to be used predominantly for housing purposes and shall be developed to incorporate the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic.factors. The proposed amendment is in conformitywith'the Durham Regional Official Plan. Municipal water supply and sanitary sewer services are available to the subject property. This application has been Screened in accordance with the terms Of' the provincial plan review responsibilities. No provincial interests appear to be affected by.this proposal, If you have any questions or require additional information, please call me. "SERVICE EXCELLENCE for' our COM-ML6¥1TY' 100% Post Const~mer 38 Yours truly, Ray Davies, Planner Current Operations 'Branch cc. Rob. Roy, Durham Region Works Department R:\trainingVd~zoning~pickedng a18-O2.doc Page 2 ~f]ACHMEN7 #_~"7 ...... TO Operations & Emergency Services Fire Prevention 3¸9 Date: Tuesday, November 05, 2002 To: Geoff Romanowski From: Rex Heath Planning Technician Fire Prevention Officer File Type & I Zoning Amendment Application - A18/02 Number Owner/Applicant Sandrea Barrett Property Locatior 1626 McBradyCrescent; West side of McBrady Crescent; Part Lots 102 & 103, Plan 40M-1380 (Part 10, 40R-9291) Proposal To change the existing zoning to permit the establishment of a second unit in the main dwelling Fire Departments 1) The addition of an existing unit is clearly identified by a Requirements numbering/signage system that is easily recognizable from the street in the event of emergencies. (A new street numbering/signage by-law may have to be created for this application ..or the existing street numbering by-law may be able to be amended to accommodate such properties) 2) The property would have to meet the requirements of the Ontario Building and or Ontario Fire Code. 3) The applicant would be requested to submit a set of drawings to either the Building or Fire Departments for review and comment. 4) The applicant would be subject to an inspection by the Electrical Safety Authority to ensure that there are no electrical deficiencies in the house. Reviewed by: ~~~ RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That a resolution be passed to: a) authorize a City-initiated Minor Variance Application on Block 7, Plan 40M- 1599, to permit the construction of a pair of semi-detached dwellings; and b) declare the land described as that part of Block 7, Plan 40M-1599, designated as Part 1, Plan 40R-XXXX surplus to the needs of the Corporation for the purpose of sale; and c) declare the lands described as those parts of Block 7, Plan 40M-1599, designated as Parts 2 and 3, Plan 40R-XXXX and Blocks 8 and 9, Plan 40M- 1599 surplus to the needs of the Corporation and authorize their conveyance as follows: (i) Part 2, Plan 40R-XXXX and Block 8 to the adjacent owner of the lands to the north for nominal consideration; and (ii) Part 3, Plan 40R-XXXX and Block 9 to the adjacent owner of the lands to the south for nominal consideration; and d) authorize that the adjacent landowners be given a first right of refusal to pumhase that part of Block 7, Plan 40M-1599, designated as Part 1, Plan 40R-XXXX and in the event their right is not exercised or any submitted offer refused, authorize the sale of the Part 1 lands via the Public Tender process or on the open market in accordance with the City's procedures to regulate the sale of municipal real property as set out in By-law 5627/00; and e) authorize the Mayor and Clerk to execute all documentation necessary to effect the conveyances and any required easements. REPORT TO PLANNING COMMITTEE Report Number: PD 09-03 Date: January 28, 2003 From: Neil Carroll Director, Planning & Development Subject: Disposal of Lands Blocks 7, 8 and 9, Plan 40M-1599, Pickering (Glen Eden Court) Our file: RE0203 Recommendation: A Resolution should be passed to: (a) authorize a City-initiated Minor Variance Application on Block 7, Plan 40M-1599, to permit the construction of a pair of semi-detached dwellings; (b) declare the land described as that pad of Block 7, Plan 40M-1599, designated as Pad 1, Plan 40R-XXXX surplus to the needs of the Corporation for the purpose of sale; (c) declare the lands described as those pads of Block 7, Plan 40M-1599, designated as Pads 2 and 3, Plan 40R-XXXX and Blocks 8 and 9, Plan 40M-1599 surplus to the needs of the Corporation and authorize their conveyance as follows: (i) Pad 2, Plan 40R-XXXX and Block 8 to the adjacent owner of the lands to the north for nominal consideration; and (ii) Pad 3, Plan 40R-XXXX and Block 9 to the adjacent owner of the lands to the south for nominal consideration; (d) authorize that the adjacent landowners be given a first right of refusal to purchase that pad of Block 7, Plan 40M-1599, designated as Pad 1, Plan 40R-XXXX and in the event their right is not exercised or any submitted offer refused, authorize the sale of the Pad 1 lands via the Public Tender process or on the open market in accordance with the City's procedures to regulate the sale of municipal real property as set out in By-law 5627/00; and 42 Report to Planning Committee PD 09-03 Subject: Disposal of Lands (Glen Eden Court) Date: January 28, 2003 Page 2 (e) authorize the Mayor and Clerk to execute all documentation necessary to effect the conveyances and any required easements. Executive Summary: In 2001, the City undertook a process to review all municipally-owned properties to determine which properties were no longer required for municipal purposes. It has been determined that the subject property known legally as Blocks 7, 8 and 9, Plan 40M-1599 is no longer required by the City and may be disposed of. Financial Implications: The minimum net proceeds to the City from the sale of this property will be determined following the submission of offers. Advertising, appraisal, survey costs and legal fees/disbursements are approximately $3,000.00. Background: The subject property was conveyed to the City for future road purposes as a condition of draft plan approval 18T-86037 (now Plan 40M-1599) in 1989. The original draft plan of subdivision for Glen Eden Court was designed to accommodate a future road connection to the properties that front onto Kingston Road east of Glen Eden Court. It has since been determined that the road connection is no longer needed (as access to those properties may be obtained directly from Kingston Road) and the subject property known legally as Blocks 7, 8 and 9, Plan 40M-1599 may be disposed of. The property currently has a lot frontage of 20.0 metres and an "SD-SA" zoning as in By-Law 3036, as amended by By-Law 2896/88. The current zoning and frontage permits the construction of a pair of semi-detached units, however By-law 2896/88 stipulates that no more than 34 dwelling units shall be permitted on the street. Accordingly, in order to permit any development on the land proposed for sale, a City- initiated minor variance to amend the maximum dwelling unit provision necessary to allow for a development of 36 units on the street. The sale of the subject property will be subject to the following conditions: Block 7: (a) that a pair of semi-detached dwelling units be constructed on the property; and Report to Planning Committee PD 09-03 Subject: Disposal of Lands (Glen Eden Court) Date: January 28, 2003 Page 3 43 (b) that a 2.5 metre strip of land be severed from the northerly and southerly limits of Block 7 (Parts 2 and 3) and conveyed to the adjacent owners. As the adjoining lots were anticipated to be flankage lots, the additional side yard will mitigate the impact of the new dwellings on the existing landowners. Blocks 8 and 9 Blocks 8 and 9 were conveyed to the City as corner roundings which are no longer required. Block 8 will be conveyed by the City to the northerly owner and Block 9 will be conveyed by the City to the easterly owner, for nominal consideration. Further, prior to obtaining a building permit for the subject lands, the purchaser would be required to: (i) install full municipal services; (ii) provide for utility and drainage easements if necessary; (iii) provide an architectural design statement to ensure compatibility with the existing streetscape; (iv) pay appropriate development charges and other fees as required; and (v) replace a portion of the fence along the rear property line (1.8 metre wood privacy) on top of the retaining wall, both to comply with the Subdivision Agreement and for safety. Meetings have been held with the Glen Eden Court residents and notwithstanding general concerns respecting on-street parking and the removal of what is currently being used as an open space playground, there was no specific objection to staff's recommendations for the development of this Block. The meeting was attended by Ward 2 Regional and City Councillors. A request has been made of staff by the two owners whose properties lie directly adjacent to the subject property that they be given a first right of refusal to purchase the property. The Solicitor for the City is in support of this request and staff will provide an opportunity to these individuals upon the conclusion of the minor variance process. In the event they choose not to exercise their right or, in the event offers submitted by them are refused, staff will continue with the sale process via the City's Public Tender process, and if not successful by that method, on the open market. Once the Resolution has been passed to declare the lands surplus to the City, the appropriate notice will be published and the provisions of the Municipal Act and Sale of Surplus Land Policy compiled with. Report to Planning Committee PD 09-03 Subject: Disposal of Lands (Glen Eden Court) Date: January 28, 2003 Page 4 It is therefore being recommended that a Resolution be passed to: (a) authorize a City-initiated Minor Variance Application on Block 7, Plan 40M-1599, to permit the construction of a pair of semi-detached dwellings; (b) declare the land described as that part of Block 7, Plan 40M-1599, designated as Part 1, Plan 40R-XXXX surplus to the needs of the Corporation for the purpose of sale; (c) declare the lands described as those parts of Block 7, Plan 40M-1599, designated as Parts 2 and 3, Plan 40R-XXXX and Blocks 8 and 9, Plan 40M-1599 surplus to the needs of the Corporation and authorize their conveyance as follows: (i) Part 2, Plan 40R-XXXX and Block 8 to the adjacent owner of the lands to the north for nominal consideration; and (ii) Part 3, Plan 40R-XXXX and Block 9 to the adjacent owner of the lands to the south for nominal consideration; (d) authorize that the adjacent landowners be given a first right of refusal to purchase that part of Block 7, Plan 40M-1599, designated as Part 1, Plan 40R-XXXX and in the event their right is not exercised or any submitted offer refused, authorize the sale of the Part 1 lands via the Public Tender process or on the open market in accordance with the City's procedures to regulate the sale of municipal real property as set out in By-law 5627/00; and (e) authorize the Mayor and Clerk to execute all documentation necessary to effect the conveyances and any required easements. Report to Planning Committee PD 09-03 Subject: Disposal of Lands (Glen Eden Court) Date: January 28, 2003 Page 5 45 Attachments: 1. Location Mapping/Site Sketch. Prepared By: Coordinator, Property & Development Services Approved / Endorsed By: N~'il Card, ii;iMcO, RPP Director,'Pqen'ning & Development DB:bg Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council TI;rO"~'~a~ ~J. Quid/n, Chief Administr~'a'"t~e Offi~r I ~TIACH~ENI #. I ,TO KEY MAP EXISTING Z Ld Ld Z RECOMMEN[ rICity of Pickering Planning & Development Department DISPOSAL OF LANDS *~ BLOCKS 7,8 & 9, PLAN 40M-1599(GLEN EDEN COURT) IDATE JAN 28, 2003