HomeMy WebLinkAboutPD 18-05PICKERING
REPORT TO
EXECUTIVE COMMITTEE
Report Number: PD 18-05
Date: May 6, 2005
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 06/01
Glenda Winterstein
5015 Brock Road
(South Part of Lot 18, Concession 9)
City of Pickering
Recommendation:
That Zoning By-law Amendment Application A 06/04 be APPROVED to permit
the establishment of four dwelling units (apartment units) in addition to the
currently permitted commercial uses, submitted by Glenda Winterstein, on the
lands being the South Part of Lot 18, Concession 9, City of Pickering.
That the amending zoning by-law to implement Zoning By-law Amendment
Application A 06/01, as set out in Appendix I to Report PD 18-05, be
FORWARDED to City Council for enactment.
Executive Summary: The applicant requests to amend the existing 'C2' - General
Commercial Zone to legalize the use of five dwelling units in the existing building that
also contains an existing commercial use. The subject property only has the capacity to
service four dwelling units and the commercial use in terms of on-site sewage system.
Therefore, the recommendation is for approval of four dwelling units and the
commercial use in the existing building. This proposal represents appropriate
development that complies with the Official Plan and 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 18-05
Subject: Glenda Winterstein (A 06/01)
Date: May 6, 2005
Page 2
Background:
1.0 Application
The subject property is located on the east side of Brock Road, north of Central
Street in the Hamlet of Claremont. The subject property currently supports a
combination of a one-storey and two-storey building, which contains a
commercial use (hair salon), five apartment units, and a detached garage
located in the rear yard (see Location Map and Applicant's Submitted Plans,
Attachments #1 and #2).
2.0 Comments Received
2.1 At the May 16, 2002 Public Information Meeting
No public spoke at the Public Information Meeting nor has the City received any
written comments on the application. (see Text of Information Report and
Meeting Minutes, Attachments #3 and #4).
2.2 City Department and Agency Comments
The Durham District
School Board
Veridian Connections
Region of Durham
Planning Department
Region of Durham
Health Department
no objections
no objections
The proposal is permitted by the policies of the
Durham Region Official Plan.
The applications have been screened in
accordance with Provincial Interests and Delegated
Review and there is no concern with the
applications but a noise study is required
(see Attachment #5).
The revised engineering report for the private
sewage disposal system which is based on four
residential units and a commercial unit is
acceptable (see Attachment #6).
3.0 Discussion
3.1 The proposed development is compatible with surrounding uses
The subject property is surrounded by a mixture of commercial and residential
land uses. The property has existed as a mixed use multi-residential building for
a number of years without adversely impacting on surrounding land uses. The
subject property is designated Rural Settlement-Hamlet Commercial in the City's
Official Plan which permits residential uses and encourages the establishment of
a wider variety of housing.
Report PD 18-05
Subject: Glenda Winterstein (A 06/01)
Date:
May 6,2005
Page 3
3.2
3.3
3.4
Sewage System is sufficient to support four apartment units
Since the Public Information Meeting in 2002, the applicant has been working
with Region of Durham Health Department and the City of Pickering to resolve
the issue of an appropriate sewage system design. The applicant has submitted
a report titled "Sewage System Design Winterstein Residence," by Jagger Hims
Limited, dated February 2005, that indicates a sewage system design to
accommodate the commercial use and four apartments can be implemented. The
Region of Durham Health Department has advised that the proposed sewage
system design can be implemented for the property containing the commercial
use and four apartments.
Noise impact is not a concern
Noise from Durham Road No. 5 (Central Street) and Old Brock Road
The Region of Durham Planning Department initially indicated a need for a noise
study for this application. City staff have discussed the need for a noise study
with Regional staff and have noted that a similar requirement was requested for
a similar application for the property immediately to the north of the subject
property. The noise study for the abutting property indicated that the noise from
Durham Road No. 5 and Old Brock Road is acoustically insignificant and
therefore no noise control measures were recommended. A noise study for the
subject property is anticipated to conclude the same results, therefore, a noise
study for the subject property is not considered necessary.
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.
A total of six parking spaces can be provided on site
The subject property currently supports six parking spaces on-site. Standard City
by-law provisions would require parking at a ratio of 1.25 parking spaces per
bachelor or one bedroom dwelling unit and 1.75 parking spaces per dwelling unit
with more than one bedroom, plus the required parking for the commercial unit.
Under these provisions, four apartments, (one two-bedroom and three
one-bedroom), would require a total of 5.5 spaces and the commercial unit would
require a total of 1.5 spaces, for a total of seven parking spaces. However, the
subject property has supported this intensity of use for a number of years with six
parking spaces on-site without reported concern. Consequently, it is considered
acceptable to only require six parking spaces for the existing building that will
contain the four dwelling units and the commercial unit that has limited floor space.
Report PD 18-05
Subject: Glenda Winterstein (A 06/01)
Date:
May 6,2005
Page 4
3.5
3.6
3.7
4.0
One parking space should be designated for parking for physically handicapped
persons, as per the requirements under Municipal Parking By-law 2359/87. The
handicapped parking space should be designed to have proper signage,
location, and accessibility.
The number of dwelling units and size of commercial use to be limited to
due to site constraints
The uses on the subject property are constrained by both the availability of
space for the private sewage system design and the availability of on-site
parking. With the existing building located on the south side of the property the
north side of the property is available for the private sewage system design and
on-site parking. Both of these facilities are constrained with no ability to expand.
Therefore, the amending zoning by-law should contain appropriate provisions
that only allow uses that can be supported by these facilities. This includes
limitinq the number of dwellinq units to four apartments and restrictinq the
commercial floor space in the buildinq to 36 square metres.
A site plan agreement is not required
The subject property has existed in its current configuration a number of years.
Given that no external changes to the structure are being proposed, and that no
additional parking spaces are recommended for the approval of this application,
a site plan agreement is not necessary.
Draft By-law to be forwarded to Council
The attached draft 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, limit the commercial floor space and a requirement for
off-street parking. It is recommended that the attached draft by-law be
forwarded to Council for enactment.
Applicant's Comments
The applicant has been advised of the recommendations of this report and is
aware that compliance will require removal of one unit.
Report PD 18-05
Subject: Glenda Winterstein (A 06/01)
Date: May 6, 2005
Page 5
Appendix:
Appendix I'
Draft Implementing By-law
Attachments:
2.
3.
4.
5.
6.
Location Map
Applicant's Submitted Plans
Text of Information Report
Minutes from Statutory Public Meeting
Agency Comments - Region of Durham Planning Department
Agency Comments - Region of Durham Health Department
Prepared By:
Ross Pym, MCIP,
Principal Planner- Development Review
Approved / Endorsed By:
N eil~Ca r-~l,l,~4~ ~ '~
Director, Planning & Development
Lynda Tay'l'or~, MCIP, RPP~ ......... "~
Manager, Development Review
RP:Id
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council ,,
Thoma"~/jJ; Quint, Chie~A~ministr~fficc4r
APPENDIX I TO
REPORT PD 18-05
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 06/0'1
THE CORPORATION OF TI-tiE (~I~"Y~OF PICKERING
Being a By-law to amend ted Area (Zoning) By-law 3037, as
amended, to implement the Official Plan of the City of Picketing, Region of
Durham on the South Part of Lot 18, Concession 9, in the City of Pickering.
(A 06/01 )
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit a commercial use with four dwelling units on the subject lands, being South Part
of Lot 18, Concession 9;
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 9.3.3:
9.3.4 South Part of Lot 18, Concession 9 (5015 Brock Road)
In addition to the uses permitted in Subsection 9.1, for the lands known as Part
of Lot 2, Plan 12, in the City of Pickering a maximum of four (4) dwelling units are
permitted within a single building along with any other permitted use, 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 6 parking spaces shall be provided for the existing
building that contains 4 apartment dwelling units and one
commercial unit.
(ii) Clauses 5.19.2 b), d) and k) of By-law 3037, as amended, shall
not apply to this property.
(b) Floor Space
(i) The maximum commercial floor space in a building that contains
residential dwelling units is 36 square metres.
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 day of
,2005.
David Ryan, Mayor
Bruce Taylor,
ATTACHMENT# J .... TO
REPOR~ # PD 18-~)5
CitY of Pickering PI. arming & Development Department
PROPERTY DESCRIPTION PART OF LOT 18, CONCESSION 0; PART OF LOT 2, PI.~N 12
OWNER G, WINTERSTEIN DATE JAN 14, 2001 DRAWN BY RC
APPLICATION No. A 06/01 SCALE 1:7500 CHECKED BY TB
FOR DEPARTMENT USE ONLY PN-$10 PA-
¢~TTACHMENT ~ 2- TO
REPORT ~' PD 19-05
INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN
A 06101
G. WINTERSTEIN
131 .Om
KI
EXISTING 1 STOREY
FRAME STRUCTURE
LOT 2
EXISTING 2 STOREY
FRAME STRUCTURE
EXISTING GARAGE
(HEAVY TIMBER
CONSTRUCTION)
132.4m
LOT 1
THIS MAP WAS PRODUCED BY THE CITY OF PICKERING
PLANNING & DEVELOPMENT DEPARTMENT,
iNFORMATION & SUPPORT SERVICES,
APRIL 16, 2002.
ATTACHMENT# ...... --~ TO
REPOR'I' # PD
INFORMATION REPORT NO. 13-02
FOR PUBLIC INFORMATION MEETING OF
May 16, 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 6/01
Glenda Winterstein
South Part of Lot 18, Concession 9
Part of Lot 2, Plan 12
(5015 Brock Road)
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
- the subject property is located on the east side of Brock Road, north of Central S~reet
(see location map -Attachment #1);
the subject property currently supports a combination of a one storey and two storey
building, which contains a hair salon and five apartment units, and a detached garage
in the rear yard;
- the subject property is surrounded by a mixture of commercial and residential land
uses.
2.0 APPLICANT'S PROPOSAL
the applicant proposes to amend the existing zoning on the subject lands to permit the
establishment of five residential apartment units in addition to the existing
commercial uses. (see Applicant's Submitted Plan - Attachment #2)
3.0
3.1
OFFICIAL PLAN AND ZONING
Durham Regional Official Plan
the Durham Regional Official Plan identifies the subject lands as being within a
'Hamlet' designation, which permits a variety of housing types and commercial uses;
the applicant's proposal appears to comply with this designation.
3.2 Pickering Official Plan
the Pickering Official Plan identifies the subject property as being designated
"Hamlet Commemial - Rural Hamlet" within the Claremont and Area Settlement;
the Claremont and Area Settlement is designated as being within the Oak Ridges
Moraine as per Schedule III of the Official Plan, which requires development to be in
accordance with Oak Ridges Moraine guidelines;
the 'Hamlet Commercial' designation permits the establishment of commercial,
residential, community, and recreational 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;
Information Report No. 13-02
Page 2
- the Plan also encourages new development to enhance the range of housing choice in
the settlement and to be innovative in relation to compact form, water usage and
sewage disposal;
- the applicant's proposal appears to conform to the applicable Official Plan policies.
3.3 Zoning By-law
the subject property is currently zoned "C2" - General Commercial Zone by By-law
3037, which permits the establishment ofcommemial uses;
an amendment to the zoning by-law is required to permit the establishment of five
residential apartments within the existing building.
4.0
4.1
RESULTS OF CIRCULATION
Resident Comments
no resident comments have been received to date;
4.2 Agency Comments
no agency comments have been received to date;
4.3 Staff Comments
in reviewing the application to-date, the following matters have been identified by
staff for further review and consideration:
· the compatibility with the surrounding lands and uses;
· the impacts of the five apartment units on the existing private sewage system;
· acceptability of the existing well to service additional uses;
· examination of the existing on-site parking to determine its suitability in serving
five apartment units.
· examination of the existing building and any zoning non-compliances, such as
building setbacks, that may require technical amendments to the zoning by-law;
· determination of the implications of any applicable policies of the Oak Ridges
Moraine Conservation Plan.
(The Oak Ridges Moraine guidelines are supemeded by the Oak Ridges Moraine
Conservation Plan, Regulation 140/02, passed by the Ministry of Municipal
Affairs and Housing on April 22, 2002).
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 comments received will be noted and used as input in a Recommendation 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.
Information Report No. 13-02
6.0 OTHER INFORMATION
6.1 Appendix I
list of neighbourhood residents, community associations, agencies and City
Departments that have commented on the applications at the time of writing report;
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;
ORIGINAL SIGNh _ BY
ORIGINAL
Tyler Barnett
Planner II
CXP/td
Attachments
Copy: Director, Planning & Development
Lynda D. Taylor MCIP RPP
Manager, Development Review
ATTACHMENT
REPORT # PD
1'0
APPENDIX I TO
INFORMATION REPORT NO. 13-02
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date;
COMMENTING AGENCIES
(1) none received to date;
COMMENTING CITY DEPARTMENTS
(1) Planning & Development Department;
/~r3ACHMENT # Z/~ TO
R[POR1 ~ PD__/¢ -o~
Excerpts from
Statutory Public Information Meeting Minutes
Pursuant to the Planning Act
Thursday, May 16, 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.
(III)
ZONING BY-LAW AMENDMENT APPLICATION A 06/01
GLENDA WINTERSTEIN
SOUTH PART OF LOT 18, CONCESSION 9
PART OF LOT 2, PLAN 12
(5015 BROCK ROAD)
Lynda Taylor, Manager, Development Review, on behalf of Tyler Barnett, Planner II, provided
an explanation of the application, as outlined in Information Report #13-02.
Danny Pettit, Box 5137, Claremont, speaking on behalf of the applicant, stated that they have
solutions to some of the issues.
,(IV)
ADJOURNMENT
The meeting adjourned at 8:09 p.m.
The Regional
Municipality
of Durham
Planning
Departmeni
1615 DUNDAS'ST. E.
4TH FLOOR, LANG TOWER
WEST BUILDING
P,O. BOX 623
WHITBY ON L1N 6A3
(905) 728-77.31
FAX[ (905) 436-6612
*ww. region,durham .on .ca
A.L. Georgieff, MCIP, RPP
Commissioner of Plaqning
SERVICE EXCELLENCE
fbr our COMMUNITY"
~ATTACHMENT # '~' TO
~EPORT# PD /~
June 3,2002
Tyler Barnett, Planner II
Planning & Development Department
One the Esplanade
Picketing, Ontario
L1V 6K7
RECEIVED
JUN - 6 2007_
CITY OF PICKERING
PLANNING AND
OEVELOPMENT DEPARTMENT
Dear Mr. Barnett:.
Re: '
Zoning Amendment Application A 6/01
Applicant: Glenda Winterstein
Location: South Part of. Lot 18, CO.ncession 9
Municipality: City of Pickering
We have reviewed this application and ,the following comments are offered with
respect to compliance with the Oak Ridges Moraine ConServation Plan, the
Durham Regional Official Plan, proposed method of servicing and delegated
provincial plan review responsibilities.
The purpose of the application is to amend the existing commercia .zoning of
the subject property to permitthe establishment of five residential apartment
units in addition to the existing commercial uses.
The subject property is designated."Rural Settlement - Countryside Area" in the
Oak Ridges Moraine Conservation Plan. Res dent a development and small-
scale commercial uses are permitted within this designation.
The subject property is designated "Hamlet" in the Durham Regional Official
Plan. Hamlets are to be developed in harmony with surrOunding uses and may
consist of a variety of housing types, employment areas, and commercial uses
'that .meet the immediate needs of the residents of the hamlets and the
surrOunding rural area.
The Durham Region Health Department has reviewed the subject application
· and offers th e following comments:
· it appears that the existing sewage disPosal system is malfunctioning and
undersized for the current use;
the Durham Region Health Department does not have.a record of. issuing
a permit to install a private sewage disposal system or a building addition
.application to convert the original structure into a multi-
residential/commerCial use unit;
the Durham Region Health Department has received an application to
install a Class V private sewage disposal .SyStem (holding tank) for the
Subject Property due to the malfunction;
100% Post Consumer
Page. 2
there is insufficient area present on the subject lot to upgrade the existing
Class IV sewage disposal system or install a replacement system to meet
the Ontario. Building Code for the current use.
If the owner were to apply to change the use to commercial/reSidential based
on the existing sewage disposal' system, the Durham Region Health
Department would not be in a position to grant approval.as the system is
underSized as per the Ontario. Building Code. The existing sewage disposal
system is malfunctioning and the only option available' to .the owner .(based on
the current use) is to install a Class V sewage disposal system (holding tank).
Part ViII of the Ontario Building Code allows Class V sewage.systems to be
installed Only under the following situations:
"8.8.1.2(1.). A Class V sewage system may be installed in the following
circumstances,
a)
where the proposed use of the sewage system is for the tempOrary
operation, excluding seasonal recreation use, not exceeding 12 months in
duration;
b). to permit the extension of an existing single-family dwelling provided that
i) the extension will .not increase'the wastewater load, and
ii) the building is already served by a Class V sewage system;
c)
to.remedy an unsafe sewage system where the remediation of the unsafe
condition by.the installation of a Class V sewage system is impracticable;
d)
to upgrade a sewage syStem serving an existing building, where upgrading
through the use of a Class IV sewage sys. tem is not possible due to lot size,
site slope.or clearance limitations; or
e)
as an.interim measure.for a lot or parcel of land until municipa! sewers are
available, provided that the municipality undertakes to ensure the continued
operation of an approved hauled sewage system until the municipal sewer
are available.
If the unit were converted to a "single unit", where, the total daily sewage flow is
dramatically reduced, there may be sufficient area present to install a
· replacement Class IV sewage disposal system. A detailed Site investigatior by
a qualified individual/firm would be able to determine this.
This application has been screened in accordance with the terms of the
provincial plan review responsibilities. The subject site is in proximity to
Regional Road 5, which is designated a Type-B .arterial road. A noise study will
be required. This study is needed to ensure that the' proposed sensitive land
Page 3
use is buffered to avoid or satisfactorily mitigate the adverse effects Of noise.
No further provincial interests appear to be affected.
If you have any questions or require additional information, please call mb.
Yours trUly,
Ray Davies, Planner
Current Operations BranCh
cc. Tom Saychuk? Durham Region Works Department
Karl Kiproff, Durham Region Health Department
R:\training\rd~oning\pickering a6-01 .doc
March 31, 2005
ATTACHIViENT
The Regional
Municipality
of Durham
Health Department
HEAD OFFICE
SUITE 210
1615 DUNDAS ST. E.
WHITBY ON LIN 2L1
CANADA
905-723-8521
Tor: 905-686-2740
1-800-841-2729
ax: 905-723-6026
www. region.durham.on.ca
An Accredited
City of Picketing
Planning and Development Department
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
L1V 6K7
Attention:
Mr. Ross Pym, MCIP, RPD
Principal Planner - Development Review
Dear Sir,
Reference: Zoning
Public Health' Agency
Please be advised that this Department has received and reviewed the
engineering report by Jagger Hims Ltd. (File 031612.00) to replace the
existing malfunctioning private sewage disposal system that services the
above noted and offers the following for your consideration:
(i)
(ii)
(iii)
(iv)
Due to the existing situation inVolving four residential units and a
commercial unit, there is insufficient area present on the lot .to
install a replacement sewage disposal system that offers primary
treatment (ie. Septic tank and leaching bed).
The consulting engineer has proposed to utilize an "alternate type
system" that offers tertiary treatment. Since this type of system
requires less area. there is sufficient land available on the lot to
install this replacement system.
This Department concurs with the engineering report and the
replacement Class IV sewage disposal systemproposed adheres to
Part VIII (Sewage Systems) of the Ontario Building Code.
If the City of Pickering allows the structure to remain in its present
state, the owner must install the proposed alternate type system or
a Class V System (holding tank).
"Service Excellence
for our Communities"
100% Post Consumer
,~ rTACHMENT
Page Two
City of Pickering
March 31, 2005
Once the owner submits an application along with the appropriate fee, it will
be processed and a building permit to install a private sewage disposal system
.issued.
Feel fre/e4~-'~ontact the undersigned if more information
r~l r~pr~Sm(.~, BA~, C~
Public Health ~spector
is required.
rm/cm