The URL can be used to link to this page

Home My WebLink AboutPD 08-05PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 08-05 Date: January 18, 2005 Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 6/04 Karsten Smith In Trust 5019- 5023 Brock Road Part of Lot 2, Plan 12 City of Pickering Recommendation: That Zoning By-law Amendment Application A 6/04 be APPROVED to permit the establishment of four dwelling units (apartment units) in addition to the currently permitted commercial uses, submitted by K. Smith, on lands being Part of Lot 2, Plan 12, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 6/04, as set out in Appendix I to Report PD 08-05, be FORWARDED to City Council for enactment. Executive Summary: The subject property is located on the east side of Brock Road, north of Central Street in the Hamlet of Claremont. Currently, this property supports two offices and four illegal dwelling units (four bachelor apartment units - see Location Map and Applicant's Submitted Plans, Attachments #1 and #2). Due to its contravention with the Ontario Fire Code, the owner has applied for a building permit in order to bring the structure into compliance. However, zoning clearance for the building permit cannot be granted unless the property is rezoned to permit the apartment use. The applicant requests to amend the existing 'C2'- General Commercial Zone to legalize the use of four dwelling units in addition to permitted commercial uses. The proposal represents appropriate development that is compatible with the character of the Hamlet. It is recommended that this 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 08-05 Subject: Karsten Smith in Trust (A 6/04) Date: January 18,2005 Page 2 Background: 1.0 Comments Received 1.1 At the August 5, 2004 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 and #4) the applicant advised that he concurred fully with the staff comments; no other resident was present at the meeting; 1.2 Following the Information Meeting - no resident comments have been received; 1.3 City Department and Agency Comments Fire Services - in support of this application; Veridian Connections - no objection; 2.0 Regional Municipality of Durham Discussion letter dated July 20, 2004, stated no objections but a Noise Study is required; letter dated December 16, 2004, stated no concerns after reviewing the Noise Impact Study (see Attachment #5). 2.1 2.2 The proposed development is compatible with surrounding uses The subject property is surrounded by a mixture of commercial and residential land uses. The City's Official Plan encourages the establishment of a wider variety of housing forms to accommodate the needs of young people and senior citizens in the Claremont and Area Settlement. The subject property is designated Hamlet Commercial which permits residential uses. Well and sewage system is sufficient to support the apartment units The applicant submitted a letter and Well Record indicating that the capacity of the current well system exceeds what is required. Further, a Report titled "Existing Sewage System Assessment," by Jagger Hims Limited, indicates that the capacity of the exiting sewage system is sufficient to handle the existing two offices plus four bachelor apartments. The Region of Durham Health Department expressed no concern regarding the well or the sewage system. Report PD 08-05 Subject: Karsten Smith in Trust (A 6/04) Date: January 18,2005 Page 3 2.3 Noise impact is not a concern Noise from Durham Road No. 5 (Central Street) and Old Brock Road 2.4 2.5 2.6 A Noise Impact Study compiled by Sernas Associates indicates that the noise from Durham Road No. 5 and Old Brock Road is acoustically insignificant and therefore no noise control measures were recommended. The Region of Durham reviewed the Study and has no concern regarding the noise impact. Noise from the possible future airport The location of the subject property is beyond the existing and proposed Noise Exposure Forecast 25 Isoline (noise contour) published by Transport Canada, which means that it is outside of the area anticipated to be affected by aircraft noise. Therefore, the potential noise impact of a possible future airport would not appear to have any negative implication on this application. The number of parking spaces provided on site is adequate The subject property currently supports ten parking spaces on site. It is expected that the parking demand generated from the commercial activities will occur mainly during business hours, while the parking demand generated from the residents and their visitors will occur mostly during after-business hours. It is recommended to include a parking provision in the amending by-law requiring 1.25 parking spaces per bachelor or one bedroom dwelling unit and 1.75 parking spaces per dwelling unit with more than one bedroom. Applying the above parking standards, the number of parking spaces existing on the site appears sufficient. However, one parking space should be designated for handicapped parking as per the requirements under Municipal Parking By-law 2359/87. The handicapped parking space should be designed to have proper signage, location, accessibility, etc. The number of dwelling units to be limited to ensure compatibility The City's Official Plan encourages retail, shopping, office and other business uses to locate in the hamlet commercial area surrounding Central Street and Brock Road. As an attempt to preserve the commercial floor space in the building and to control residential density, a by-law provision to limit the number of dwelling units on the subject property to a maximum of four is recommended. A revision to the site plan is not necessary The subject property is currently subject to an approved site plan (S 32/87) with a site plan agreement registered on title. Given that no external changes to the structure are being proposed, and that no additional parking spaces are required for the approval of this application, a revision to the originally approved site plan is not necessary. Report PD 08-05 Subject: Karsten Smith in Trust (A 6/04) Date: January 18, 2005 Page 4 2.7 3.0 By-law to be forwarded to Council The attached by-law, included as Appendix I to this report, implements staff's recommendation to approve the proposed residential use (four dwelling units) in addition to the permitted commercial uses, subject to a limit on the number of dwelling units and a requirement for off-street parking. It is recommended that the attached by-law be forwarded to Council for enactment. Applicant's Comments The applicant concurs with the recommendations of this report. Appendix: Appendix I: Draft Implementing By-law Attachments: 2. 3. 4. 5. Location Map Applicant's Submitted Plans Text of Information Report Minutes from Statutory Public Meeting Comments received from the Region of Durham after the Public Meeting Prepared By: Joyce Yeh ~__.,]~ ~//~/ Planner I Approved / Endorsed By: Director, Planning & Development Lynda Ta,yror, MCIP/f~PP Manager, Development Review JY:jf Attachments Copy: Chief Administrative Officer Recommended_.J_~ of Pickerin~~ sid ration homa Administrative Officer APPENDIX I TO REPORT PD 08-05 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 6~04 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. DR FT Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 2, Plan 12, in the City of Pickering. (A 6/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of four dwelling units on the subject lands, being Part of Lot 2, Plan 12; AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: TEXT AMENDMENT Section 9 - General Commercial Zone - C2 is hereby amended by adding the following subsection after subsection 9.3.2: 9.3.3 Part of Lot 2, Plan 12 (5019 - 5023 Brock Road) Notwithstanding subsection 9.1 or any other provision of this By-taw, a maximum of four (4) dwelling units are permitted within a single building on lands known as Part of Lot 2, Plan 12, in the City of Pickering, subject to the following provisions: (1) Where the building on Part of Lot 2, Plan 12, contains any dwelling units, the following provisions shall apply: (a) Parking requirements: (i) A minimum of 1.25 parking spaces shall be provided for each of the dwelling units which contains one or less than one bedroom. (ii) A minimum of 1.75 parking spaces shall be provided for each of the dwelling units which contains more than one bedroom. BY-LAW 3037 By-law 3037 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, 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 ,2005. David Ryan, Mayo~¢1 day of Bruce Taylor, Clerk ATTACHMENT ~ [ TO REPORT#PD D~**C~_~ HENRY ST. [~ ...z ---------([ u~ z C E NTRAL STREET CENTRAL STREET f I ,----P~OPERT ' __L J_ ~ WEI~LIN GTO N S [REEr , 1 / i~ , ,~ // ____.._--J ~~ LANE City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART LOT 2, PLAN 12 OWNER K, SMITH DATE JUNE 17, 2004 DRAWN BY JB FILE No. A 06/04 SCALE 1:5000 CHECKED BY JY FOR DEPARTMENT USE ONLY PN-CLAREMONT PA- ATTACHMENT # .~ ,TO INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 06~04 - K. SMITH r~ O r~ v O O 1 E Landscaping 40.25m , I I ,~ Cencrela Sidewalk Parking Landscaping -1 Property Line THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT'DEPARTMENT. PLANNING INFORMATION SERVICES DIVISION MAPPtNG AND DESIGN. JUNE 17, 2004. ~TTACHMENT #.. ,~ TO REPORT # PD., ~ ~' , 0 .~ INFORMATION COMPILED FROM APPLICANT'S SUBMITTED FLOOR PLANS A 06/04 - K. SMITH 50'18 Old Brock Road, Claremont, Ont. 50t9 Old Brock R~d, C~aremont. Ont. THiS MAP WA3 PRODUCED BY THE C ;T~" OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT PLANNING INFORMATION SERVICES DIVISION MAPPIN~.~_~ AND DESIGN, JULY 22, 2004, PICKERING INFORMATION REPORT NO. 13-04 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 6/04 Karsten Smith In Trust 5019 - 5023 Brock Road Part of Lot 2, Plan 12 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is located on the east side of Brock Road, north of Central Street in the Hamlet of Claremont (see Attachment #1- Location Map); the subject property is surrounded by a mixture of commercial and residential land uses; the building on the subject property currently supports a total of four self-contained apartment units in addition to the two offices in the basement. 2.0 APPLICANT'S PROPOSAL the applicant proposes to amend the existing zoning on the subject property to permit four residential apartment units in addition to the existing commercial uses (see Attachment #2- Site Plan); the applicant has submitted a building permit application (BP#04-061) for Fire Code Retrofit purposes and the permit is on hold pending the result of this rezoning application (see Attachment #3- Floor Plans). Information Report No. 13-04 ATTACHMENT ~ ~ ,TO REPOR'I' # PD ~i? ~ -, c~ 5 Page 2 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Reqional Official Plan the Durham Regional Official Plan identifies the subject land as being within a 'Rural Settlement- Hamlet' designation, which permits a variety of housing types and commercial uses; - the applicant's proposal appears to comply with this designation; 3.2 Pickerinq Official Plan - the subject property is designated 'Rural Settlements- Rural Hamlets- Hamlet Commercial' within the Claremont and Area Settlement; - the 'Hamlet Commercial' designation permits, among other uses, residential uses; the Claremont and Area Settlement policies encourage the establishment of a wider variety of housing forms to accommodate the needs of young people and senior citizens; the applicant's proposal appears to conform to the applicable Official Plan policies; 3.3 Zoning By-law 3037 - the subject property is currently zoned "C2" - General Commercial Zone by By-law 3037, which allows the existing office uses; - an amendment to the zoning by-law is required to permit the establishment of four residential apartment units within the existing building; 3.4 Oak Ridqes Moraine Conservation Plan - Oak Ridges Moraine Conservation Plan designates the subject property as 'Countryside Area- Rural Settlement.' Minor residential infill development and small-scale commercial uses are permitted within Rural Settlements. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no resident comments have been received to date; 4.2 Agency Comments Veridian Connections - no objection; Regional Municipality of Durham - no objection (see Attachment #4); Information Report No. 13-04 Page 3 4.3 5.0 6,0 6.1 Staff Comments the Fire Service Department supports the applicant's proposal to amend the existing zoning. There are outstanding "Inspection Orders" against the property because the building is presently in contravention of the Ontario Fire Code. in reviewing the application to date, planning staff has identified the following matters for further review and considerations: · compatibility with the surrounding lands and uses; · acceptability of the existing well to service additional residential uses; · examination of the existing building and any zoning non-compliances that may require technical amendments to the zoning by-law; · adequacy of parking provided on site (a minor revision to Site Plan S32/87 may be required); · assessment of the noise impact from Regional Road No. 5 (Central Street). PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk; - if a person or public body that files an appeal of a decision of the Regional Municipality of Durham in respect of the proposed plan of subdivision does not make oral submission at the public meeting, or make written submissions to the Regional Municipality of Durham before the proposed plan of subdivision is approved or refused, the Ontario Municipal Board may dismiss the appeal. OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; Information Report No. 13-04 Page 4 ATIACHMENI #_ ~._~.~. i 0 6.2 Information Received copies of the Applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; the City of Pickering has received the following technical information/reports on the proposed applications: Existing Sewage System Assessment, prepared by Jagger Hims Limited, dated December 22, 2003; Ontario Fire Code: Part 9.5 Retrofit- Life Safety Report for 5019 Old Brock Road, Claremont, Ontario, prepared by RAI Architect Inc., dated November 5, 2003, revised dated December 5, 2003. 6.3 Company Principal this Zoning By-law amendment application was submitted by Karsten Smith. ORIGINAL S~GNED BY ORIGINAL SIGNED BY Joyce Yeh Planner I Lynda Taylor, MCIP, RPP Manager, Development Review JY:jf Attachments Copy: Director, Planning & Development ATTACHMENT # -~ .TO REPOR'f # PD ~ ~'~, APPENDIX NO. I TO INFORMATION REPORT NO. 13-04 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date; COMMENTING AGENCIES (1) Veridian Connections; COMMENTING CITY DEPARTMENTS (1) Fire Service Department. ~ Statuto~ Public Information Meeting ~~~~ Thursday, August 5, 2004 :oo The Manager, Development Review, provided an overview of tile requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (v) ZONING BY-LAW AMENDMENT APPLICATION A 6/04 KARSTEN SMITH IN TRUST 5019 - 5023 BROCK ROAD (PART OF LOT 2~ PLAN 12) Lynda Taylor, Manager, Development Review, on behalf of Joyce Yeh, provided an overview of property location, applicant's proposal and City's official plan policies pertaining to this site, as outlined in Information Report #13/04. Karsten Smith, applicant, advised that he concurs fully with staff recommendations and will provide further required inforrnation. -6- December 16, 2004 ATTACHMENT REPORT # PD The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E. 4TM FLOOR, LANG TOWER WEST BUI LDING PO BOX 623 WHITBY O~ L1N 6A3 CANADA 905-728-7731 Joyce Yeh, Planner I Planning & Development Department One the Esplanade Pickering, Ontario L1V 6K7 Dear Ms. Yeh' Re: Zoning Amendment Application A 6/04 Applicant: Karsten Smith In Trust Location: Part Lot 18, Concession 9 5019-5023 Brock Road Municipality: City of Pickering CITY OF PIICKERING~ ~L,~NNING & DEVELOPMENT DEPARTMENT Fax: 905-436-6612 E-mail: planning@ region.durham.on.ca www. region.durham .on .ca L. Georgieff, MCIP, RPP Commissioner of Planning "Service Excellence for our Communities" Our previous comments, dated July 20, 2004, indicated that a noise study should be completed to ensure noise imPacts from Regional Road No. 5 (Central Street) on the proposed residential units were adequately addressed. A Noise Impact Study prepared by Sernas AssOciates, dated December 3, 2004, concluded that due to the Iow traffic volume on Old Brock Road adjacent to the site, thedistance separation from Regional Road No. 5 and shielding from adjacent developments, noise impacts from these sources are considered acoustically insignificant. Noise control measures were, therefore, not recommended for the proposed site. Based on the analysis and conclusions of the Noise Impact Study, we have no concerns with the subjeCt application. If you have any questions or require additional information, please call me. Yours truly, Ray Davies, MCIP, RPP Planner Plan Implementation Current Operations Branch R:\rd'~zo n~n g\pic ke d n g a06-04ns.doc 100% Post Consumer