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HomeMy WebLinkAboutPD 45-04PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 45-04 Date: November 26, 2004 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 03/04 David Chester 2195 Uxbridge-Pickering Townline Road (North Part of Lot 14, Concession 9) City of Pickering Recommendation: That Zoning By-law Amendment Application A 03/04, be APPROVED as set out in the draft by-law amendment attached as Appendix I to Report PD 45-04, to amend the existing zoning on the subject lands to permit a bed and breakfast and a 75 square metre home-based business, on lands being North Part of Lot 14, Concession 9, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 03/04, as set out in Appendix I to Report Number PD 45-04, be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to permit a bed and breakfast, not exceeding three (3) bedrooms, and to permit the expansion of the floor area for an existing home-based business from a permitted 50 square metres to 75 square metres. The property is located on the south side of the Uxbridge-Pickering Townline, west of Sideline 12 (see Location Map, Attachment #1 & Existing Site Layout, Attachment #2). The subject lands are being used at present as a rural residential property that has an associated home-based business. The business is a recording studio and currently is contained within the existing dwelling. The applicant is considering the future relocation of the home-based business into an existing accessory structure located on the property. This potential relocation would require the renovation and expansion of the accessory structure to accommodate the home-based business. Report PD 45-04 Subject: Zoning By-law Amendment Application A 03/04 Date: November 26, 2004 Page 2 Due to the rural character of this expansive site and the minimal impact on the natural heritage of the Oak Ridges Moraine, it is recommended that the application be approved and that the draft amending 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 Background: 1.0 Comments Received 1.1 At the August 5, 2004 Information Meeting (see text of Information Report, Attachment #3) Public Comments Applicant Comments no public present at meeting for this application. concern has been raised by one neighbour that.an expansion of the existing recording studio could result in noise nuisance. his concerns would be satisfied, provided the studio was adequately sound proofed. (see Attachment #4) no comments. 1.2 Agencies: Durham Region Planning Department - conforms with the Oak Ridges Moraine Conservation Plan provided there is no change in use and the expansion of the accessory structure will not have adversely affect the ecological integrity of the Plan Area; conforms with Regional Official Plan; - the property is serviced by private well and sewage; - no Provincial interests identified; (see Attachment #5); Veridian Connections - no objection; Report PD 45-04 Subject: Zoning By-law Amendment Application A 03/04 Date: November 26, 2004 Page 3 Toronto and Region Conservation Authority in the event that the applicant chooses to alter the existing accessory structure, the following will apply: in accordance with Ontario Regulation 158 a permit from TRCA is required for any building or structures within area susceptible to flooding during a Regional Storm, or if any alteration to a watercourse is undertaken; the adjacent Key Natural Heritage Features will not be effected by proposed change of use; any future redevelopment should be contained in the existing cleared portion of the site; TRCA has no objections, however, request that any future applications be circulated for comment. (see Attachment #6) 1.3 City Departments: Development Control - no comments. 2.0 2.1 2.1.1 2.1.2 Discussion Use and Compatibility Proposed use conforms to the Pickerinq Official Plan. The applicant is proposing to develop a bed and breakfast and seeks permission to expand the floor area of a home-based business. The subject property is designated "Open Space System-Natural Areas" in the City of Pickering Official Plan. Among other uses, this designation permits existing lawful residential dwellings and new residential dwellings on vacant blocks. Proposed use conforms to the Oak Ridqes Moraine Conservation Plan. The subject property is identified as being located within the "Natural Core Area" of the Oak Ridges Moraine Conservation Plan. Permitted uses in this designation includes both home businesses and bed and breakfast establishments, provided they do not represent a threat to the area's natural features and are deemed not to be major developments. Report PD 45-04 Subject: Zoning By-law Amendment Application A 03/04 Date: November 26, 2004 Page 4 2.1.3 2.2 2.2.1 3.0 The site is suitable for the proposed use. The proposed use would have minimal impact on the neighbouring land uses. The site is very large and the residence and accessory structure are separated from adjoining residences by heavily treed ravines. The home-based business By-law requires the recording studio to be licenced with the City, and enforcement measures can be taken if the operation becomes a nuisance. In the future the applicant may consider moving the recording studio into a separate building, while still maintaining the restrictions on floor area. At present, the Zoning By-law does not permit home-based businesses within accessory structures. For this type of business, a separate building will be easier to soundproof, thus minimizing any impact of the neighbouring properties. The development will not involve any significant increase in building footprints than those that exist currently on the site. The bed and breakfast will be entirely contained within the residence. Minor alterations to a small existing accessory building may be required in the future to house the home-based business. In its present location the alterations could easily be accomplished without any impact on the natural heritage of the site. Sufficient site area is available to accommodate the proposed use and required parking. Building Permit The Buildinq Permit Approval Process and Chanqe of Use Application will address Buildinq and Fire Code regulations. In order for the applicant to operate the existing residence as a bed and breakfast establishment or alter the accessory building to enable the relocation of the home-based business, change of use, building permit applications and site plan details will be required by the City of Pickering. These applications will trigger the assessment of Fire Services. Fire Services have requested that a "life safety study", accompanied by a drawing bearing the seal of the architect or engineer be submitted. The study is required to satisfy the Ontario Building and Fire Codes and will be required and assessed with the building application. Applicant"s Comments The applicant is aware of the contents of this report, has reviewed the draft zoning by-law, and concurs with the recommendations. Report PD 45-04 Subject: Zoning By-law Amendment Application A 03/04 Date: November 26, 2004 Page 5 APPENDIX: Appendix I: Draft By-law Attachments: 1. Location Map 2. Existing Site Layout 3. Information Report 4. Comments from Alastair Gillespie 5. Comments from the Region of Durham Planning Department 6. Comments from the Toronto and Region Conservation Authority Prepared By: Planner II Approved / Endorsed By: Neil Carrolr~.~. Director, Planm'frCg & Development Lynda T,a'ylor, MCIP, I~P Manager, Development Review MTD:Id Attachments Copy: Chief Administrative Officer (Acting) Chief Administrative Officer Recommend'~d/.for-.. the/?~onsideration of Pickering/City~qunqil ?~ ~Thomas J. Quin~c:,,C_~ef Adn'tiz:~trative Officer APPENDIX I TO REPORT PD 45-04 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 03~04 THE Being a By-law to amend stricted Area Zoning By-law 3037, to implement the Official Plan of the City of Pickering, Region of Durham, North Part of Lot 14, Concession 9, City of Pickering. (A 03/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit a bed and breakfast establishment and permit an increase of floor area for a home-based business on the subject lands, being the North Part of Lot 14, Concession 9, in the City of Pickering; AND WHEREAS an amendment to By-law 3037, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Section 6.1.5 of By-law 3037 be amended by adding the following: 6.1.5.16 Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road) (1) For the purpose of this subsection, the term 'Bed and Breakfast Establishment' means an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a detached dwelling that is the principle residence of the proprietor of the establishment. (2) Not withstanding any of the provisions of this By-law, in addition to any other uses that may be permitted thereon, the lands identified as Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road) may be used for the purpose of a bed and breakfast establishment. (3) Despite 5.19(6) a home-based business on the lands identified as Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road) may occupy 25 per cent of the finished floor area of a building to a maximum of 75 square metres. (4) Despite 5.19(7), a home-based business on the lands identified as Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road) may be permitted within an accessory building or structure. (5) Despite section (4) above, home-based businesses located within an accessory structure may occupy 100 per cent of the floor area of the accessory structure to a maximum of 75 square metres. BY-LAW 3037 By-law 3037, is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it applies to Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road). Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. -2- 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 ,2004. day of Bruce Taylor, Clerk ATTACHMENT ,d i J TO REPORT ~' PO_ ~tS-Oq ,~: .... TOWNSHIP OF UXBRIDGE :/ ,.' :t , 5 -:,.%l' Ci~' of Picketing Planning &.Development Depa~ment PROP~R~ ~ESCR~PT~ON OON 9 N PT LOT 14 i J. OWNER D. CHESTER DATE_ . MAY 19, 2004 j DRAWN BY JB ~ F~ No. A 03/04 SCA~ 1:7500 ~ CHECKED BY CP FOR DEPARTMENT USE ONLY PN-RURAL PA- ATTACHMENT# ...... ~ TO REPORT ~' PD /-/5-0H INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 03~04 - D. CHESTER .J J UXBR[DGE-PICKERING TOWN LINE ROAD .... 413.7m EXISTING , FRAME BUILDING LOT 14, CONCESSION 9, EXISTING CITY OF PICKERING DWELLING 331.8m ii THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, JUNE 23, 2004. ATTACHMENT # ..~ TO REPORT # PD_ /-/~ PICKERING INFORMATION REPORT NO. 10-04 FOR PUBLIC INFORMATION MEETING OF August 5, 2004 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 3/04 David Chester 2195 Uxbridge-Pickering Townline Road (North Part of Lot 14, Concession 9) 1.0 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the south side of the Uxbridge-Pickering Townline Road, east of Brock Road (see Location Map, Attachment #1); the subject property has an area of approximately 16 hectares, a lot frontage of approximately 413 metres, and currently supports a detached dwelling and accessory structure; agricultural and residential uses currently surround the subject property. 2.0 APPLICANT'S PROPOSAL - the applicant proposes to amend the current zoning of the subject property in order to permit a three (3) bedroom bed & breakfast establishment as an additional use within the existing dwelling, and to allow for a greater floor area than is permitted by the zoning by-law for an existing home-based business (a recording studio) within the existing dwelling; - the applicant has recently requested that this application be amended in order to permit the home-based business to be located within an accessory structure on the subject property; Information Report No. 10-04 ATTACHMENT tp REPORT ~ PO_ Page 2 the applicant is considering the future relocation of the existing home-based business into the existing accessory structure located at the west side of the dwelling, this relocation would require the renovation and expansion of the accessory structure to accommodate the home-based business, any expansion of the structure would be directed away from the adjacent woodlands; a total floor area of 75 square metres is proposed for the home-based business; a site plan showing the existing buildings on the property is attached (see Attachment #2). 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Re.qional Official Plan - identifies the subject property as being designated "Major Open Space System - Oak Ridges Moraine"; - the proposal appears to conform to the Durham Region Official Plan; 3.2 Pickerinq Official Plan - identifies the subject property as being located within an "Open Space System - Natural Area"; ~ this designation allows for residential dwellings and uses accessory thereto; - the applicant's proposal conforms to the policies of the Pickering Official Plan; 3.3 Oak Ridqes Moraine Conservation Plan the subject property is designated "Natural Core Area" within the Oak Ridges Moraine Conservation Plan; other land use designations identified on the property include "Landform Conservation Area - Category 1" and "Low Aquifer Vulnerability"; the Plan also identifies a stream and woodlands on the subject property (see Attachment #3); uses permitted within Natural Core Areas include, but are not limited to, bed & breakfast establishments and home businesses; all uses within the Oak Ridges Moraine are required to comply with all relevant sections of the Plan; the applicant's proposal complies with the policies of the Oak Ridges Moraine Conservation Plan; 3.4 Zoninq By-law 3037/00 - the subject property is currently zoned "A" - Rural Agricultural Zone, by Zoning By-law 3037, as amended; Information Report No. 10-04 ATTACHMENT #.. ~ oo~T0 REPORT f PD_ Page 3 4.0 4.1 4.2 4.3 4.3.1 5.0 the existing zoning permits a detached dwelling, accessory structures, and a home-based business to a maximum of 50 square metres in size within the dwelling; a zoning by-law amendment is required to permit the bed & breakfast establishment as an additional use, and to allow for a home-based business 75 square metres in size to be located within the dwelling or in an accessory structure on the property. RESULTS OF CIRCULATION Resident Comments - none received to date; Aflency Comments - none received to date; Staff Comments Fire Services requests that a "Life Safety Study" be prepared by an architect or engineer, clearly indicating how the building meets both the Ontario Building and Fire Codes, this study is to be accompanied by a set of drawings bearing the seal of the architect or engineer. Other Matters - in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · compatibility with the surrounding area; · ensuring that the existing dwelling meets both the Ontario Building Code and Fire Code; · appropriateness of the proposed size and future location of the home-based business; · examination of the parking requirements for the proposed use to ensure adequate parking is provided. 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; Information Report No. 10-04 ATTACFIMENT #_ .~ .... TO REPORT # PO_ q.5-O~ Page 4 - 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 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. qRIGINAL SIGN'HI) BI/' ORIGINAL S[G[N'E~ BY Carla Pierini Planner I CXP:Id Attachments Copy: Director, Planning & Development Catherine Rose, MCIP, RPP Manager, Policy ATTACHMENT#_ ~ TO REPORI ~ PD_ Z~5-O~ APPENDIX NO. I TO INFORMATION REPORT NO. 10-04 COMMENTING RESIDENTS AND LANDOWNERS (1) none to date; COMMENTING AGENCIES (1) none to date; COMMENTING CITY DEPARTMENTS (1) (2) Planning & Development Department; Fire Services. ~. LASTAI R w. GI LLE $ PI E 4 August 2004 Director, Planning & Devekhoment Oty of Picketing Picketing O~ic Complex One the Esplanade Picketing, ON .LiV6K7 RE: ZONING BY-LAW AMENDMENT APPL[CATZON - A3/04 DAVZD CHESTER 2195 ~ ~CKERtt~ TOWNLT. NE ROAD My house and properties am the adjacent properties immediately,, to the west of the subject properLT. I should like to register one concern in particular. If the "recording studio" (the home based business) is to be relocated (and enlarged) to the west of the existing recording studio and therefore closer to me I am concerned that my peace and quiet will be disturbed. Rock bands can be very, very noisy, I would therefore suggest that if Mr. ~ seeks to mlc~ate and expand his home based business that he be required to give an undertaking that the building would be properly 's~md proofed" to contain all sound and that this be made a condition of any decision approving the by-law amendment. I regret that ! cannot be present for the hearing, I have hcr,~a~er conveyed these views to my good neighbour, Mr. David Chester. Please supply me with a copy of the decision. You ~incemly, ~ AWG/sk 175 Heath Street West Toronto, ON M4V 1V1 TheRegional Municipality of Durham Planning Department 1615 DUNDAS S'E E. 4TM FLOOR, LANG TOWER WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 ANADA ,¢05-728-7731 Fax: 905-436-6612 Emaih planning@ region.durham.on.ca www. reglon.durham.on.ca A.L. Georgieff, MClP, RPP Commtss~oner of Planning "Set'Vice Excellence foc;o~r communities" ATTACHMENT'#,~_.~TO July 20, 2004 carla Pierini, Planner I Planning & Development Department One the Esplanade Pickering, Ontario L1V '6K7 Dear Ms. Pierini: Re: Zoning Amendment Application A 03/04 Applicant: David Chester Location: Part of Lot 14, Concession 9 2195 Uxbridge-Pickering Townline Road Municipality: City of Pickering RECEIVED JUL 2 1 2004 CiTY OF PICKERING PLANNING & DEVELOPMENT · DEPA R'FMENT We have reviewed this application and the following comments are offered. The application proposes to rezone the subject property to permit an increase in floor area for an existing home-based business (recording studio) and to permit a bed and breakfast establishment as an additional use. Oak Ridqes Moraine Conservation Plan The subjeCt property is designated "Natural Core Area" in the Oak Ridges Moraine Conservation Plan. Home businesses and bed and breakfast establishments are permitted within this designation. A home business is defined as an occupation that involves providing personal.or professional services or producing custom or artisanal products, is carried on as a small-scale accessory use within a single dwelling by one or more of its residents, and does not include uses such as an auto repair or paint shop or furnitUre stripping. The policies of the ORMCP do not prevent the expansion of an existing building or structure, if the applicant, demonstrates that there will be no change in use, and the expansion will not adversely affect the ecological integrity of the Plan Area. Durham Reqional Official Plan The subject property is designated "Major Open Space - Oak Ridges Moraine" in the Durham Regional Official Plan, Accessory uses to an 100~ Post Consumer ATTACHMBTr~ REPORT# PD ' - · Page 2 existing residential use, including hOme businesses and bed and breakfast establishments, are permitted provided they. meet the tests for maintenance, restoration or enhancement of ecological and hydrological integrity and specific policies contained in the ORMCP. Servicinq The subject property is serviced by private well and private sewage disposal system. Additional servicing information is required for the total daily sewage flow, as it is unknown of the exiSting private sewage disposal system is sized for this increase. Provincial Plan Review Responsibilitie_~ The application has been screened in accordance with the provincial plan review responsibilities. No provincial interests appear to be affected by the proposal. If you have any questiOns or require additional information, please call me. Yours truly, Ray Davies, Planner Plan Implementation Current Operations Branch Copy: Karl Kiproff, Durham Region Health Department R:',rcl~zoning~ickering a03-04.doC ATTACHMENT ~~TO REPORT # PD onservarton for The Living City August 10, 2004 BY FAX AND MAIL (905-420-9685) Ms. Carla Pierini Planning Department City of Pickering Pickering :Civic Complex One The Esplanade Pickering, Ontario L1V6K7 AUG 2, 3 7UO/ CiTY OF PICKERING pICKERING, ONTARIO RECE VE'D AUG 2 3 2004 CiTY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Dear Ms. Pierini: CFN RE: Zoning By, law Amendment Application A03/04 Part Lot 14, Concession 9 2195. Uxbridge-Pickering Townline Road City of Pickering (David Chester) The Toronto and Region Conservation Authority (TRCA) has reviewed the above noted by-law amendment, received June 30, 2004, and offers the following comments: Background The subject property is located south of Uxbridge-Pickering Townline Road and east of Sideline 14, in the City of'Pickering, The purpose of the application is to amend the zoning of the property to permit an increase in floor area for an existing home-based ,buSiness and to permit a bed and breakfast establishment as an additional use. It is our understanding that the aPplicant has recently amended the application to consider relocating the home-based business within an accessory structure located on the west portion .of the property that may be renovated and expanded in the future. APplicable Policies and Regulations The northwest portion'of the subject proPerty is traversed by a tributary of the Duffins Creek identified within the TRCA's Fill Line Extension Program. The purpose of the Fill Line Extension Program is to identify valley and stream corridors that are currently not included in the registered Fill Schedules listed under Ontario Reg.ulation 158. The proposed Fill Lines are in draft form .only and have not.been approved bythe Province. However, while the TRCA has no flood mapping for thiS area, we do regulate any alteration of these watercourses and the construction of buildings and Structures within the Regional Storm Flood Plain of these watercourses. As such, in accordance with Ontario Regulation 158, a permit is currently required from the TRCA prior to any of the following works taking place: a) construct any building or structure or permit any building or structure to be conStructed in or on a pond or swamp or in any area susceptible to flooding during a Regional Storm; b) straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse. F:\PRS\CLAU284\PUBLIC\A304.wpd 5 Shoreham Drive. Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www. trca.on.ca "~'-. ,~TfACHMENT# ._ /¢ TO REPORT # PD Ms. Carla Pierini - 2 - August10,2004 In addition, the property is located on the Oak Ridges Moraine, within the Natural Core Area land use designation of the Oak Ridges Moraine Conservation Plan (ORMCP). We note that there are a number of Key Natural Heritage Features (KNHF's) on the property, as identified within the ORMCP (i.e., watercourse providing fish habitat, woodlands, wetland, etc.) The TRCA has an interest in conserving, maintaining and enhancing natural heritage features and functions within the Oak Ridges Moraine. As the current proposal does not involve any changes to the existing development envelope, the adjacent KNHF's will not be affected by the proposed change in use. That said, if there are any future proposals to renovate, expand or relocate the accessory building on the property, there may be potential impacts on the natural features of the property, As such, any future redevelopment on the property should be contained within the cleared portion of the site, on which there is no existing vegetation. The TRCA should be circulated any proposals for the redevelopment on the site. In terms of the proposed change in use being consistent with the ORMCP, we defer to the City to determine whether or not the proposed use is permitted within the Natural Core Area, however we note that home businesses and bed and breakfast establishments are permitted under Section 11 (3) of the ORMCP. Recommendation In light of the above, the TRCA has no objections to the approval of zoning by-law amendment A03/04. Please note that any future redevelopment on the property should be contained within the cleared portion of the site and future applications circulated to the TRCA for review and approval. Fees By copy of this letter, the TRCA confirms receipt of the required processing fee ($750) associated with review of the subject application. We trust this is of assistance. Should you have any questions please do not hesitate to contact the undersigned. Yours truly, Kirsten Kontor, B.Sc., M.E.S. (PI) Plans Analyst Development Services Section Extension 5370 c.c: Anthony Van Dam (Fax: 905-884-3350) kk/cl F:\PRS\CLAU284\PUBLIC~A304.wpd