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HomeMy WebLinkAboutPD 24-05PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 24-05 Date: May 20, 2005 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 4/05 Evangelical Church of God 905 Dillingham Road, Unit 14 (Part of Lot 19, B.F.C. Range 3) (Unit 14, Level 1, Durham Condominium Plan 105) City of Pickering Recommendation: That Zoning By-law Amendment Application A 4/05, be APPROVED to add a place of religious assembly as a permitted use on lands being Part of Lot 19, B.F.C. Range 3 (Durham Condominium Plan 105), City of Pickering, submitted by L. James on behalf of the Evangelical Church of God. That the amending zoning by-law to implement Zoning By-law Amendment Application A 4/05, as set out in Appendix I to Report PD 24-05 be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to add a place of religious assembly as a permitted use to the lands located at the southeast corner of Quigley Street and Dillingham Road (see Location Map, Attachment #1). The applicant has applied for a building permit to undertake interior alternations to Unit 14 of the subject multi-tenant industrial condominium to accommodate the requested use (see Applicant's Submitted Plans, Attachment #2). The Church has advised that it would operate an office for the administration of church business during regular hours and would hold gatherings on two evenings and on Sundays. The proposed use conforms to the Pickering Official Plan, is compatible with existing uses in the building, and has minimal impact on parking availability on-site. It is recommended that the application be approved and that the draft by-law be forwarded to Council for enactment. Report PD 24-05 Subject: Evangelical Church of God (A 4/05) Date: May 20, 2005 Page 2 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 April 21, 2005 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 and #4) the applicant explained that parking will not be a problem as their services will only occur on Tuesday & Thursday evenings, and Sundays; no other comments received; 1.2 City Department and Agency Comments Fire Services Veridian Connections Regional Municipality of Durham no objection; an electrical inspection is required prior to occupancy; no objection but a service upgrade may be needed (see Attachment #6); no objection (see Attachment #7); 2.0 Discussion 2.1 Proposed use conforms to the Pickering Official Plan The applicant is proposing to add a place of religious assembly as a permitted use. The subject property is designated "Employment Area - General Employment" in the Pickering Official Plan. This designation permits the proposed use to be considered. Approval of the rezoning would conform to the Pickering Official Plan and the Region of Durham Official Plan. 2.2 Proposed use is compatible with existing uses in the building The application has been authorized by the Manager of Durham Condominium Corporation 105, allowing the submission of this Zoning By-law Amendment (see Attachment #8). No objection has been received from any unit owner. Furthermore, the applicant is fully aware of and has no concern about the existing body rub parlour use in Unit 3 of the same building. 2.3 The proposed place of religious assembly will have minimal impact on parking The applicant has advised that the administration of church business would occur during regular business hours and a gathering of approximately 25 people would occur on two evenings and on Sundays (see Attachment #5). Report PD 24-05 Subject: Evangelical Church of God (A 4/05) Date: May 20, 2005 Page 3 2.4 2.5 3.0 Based on the existing parking standard of By-law 2511, the church use would require 7 parking spaces. Based on parking standards used in recent rezonings, 14 parking spaces would be required. According to the applicant, there are 4spaces allocated to their unit, and an additional 12 parking spaces are available for church gatherings through permission from other unit owners for the use of their allocated parking spaces (see Attachment #9). The subject site currently provides a total of 66 parking spaces, while only 54 parking spaces are required based on by-law requirements. Due to the surplus of 12 parking spaces, limited size of the unit, the offsetting hours of church gatherings from regular business hours, and the ability to share parking, the impact on parking availability on-site is anticipated to be minimal. The gross leasable floor area will be limited in the amending by-law Unit 14 occupies a floor area of approximately 165 square metres. It is recommended that the amending by-law limit the gross leasable floor area for use as a place of religious assembly to a maximum of 170 square metres. The intent of limiting the floor area is to ensure that a place of religious assembly will not become the primary use of the industrial condominium building or jeopardize the availability of parking on-site for other users. The existing by-law will govern all other zoning requirements and the amending bylaw to be forwarded to Council No further amendments to the current 'M2' zoning are proposed or required. The current by-law requirements will continue to apply to the property. The attached draft by-law, included as Appendix I to this report, implements staff's recommendation to approve the requested use of a place of religious assembly with a restriction on maximum gross leasable floor area. It is recommended that the attached by-law be forwarded to Council for enactment. Applicant's Comments The applicant concurs with the recommendations contained in this report. APPENDIX: Appendix I: Draft By-law Report PD 24-05 Subject: Evangelical Church of God (A 4/05) Date: May 20,2005 Page 4 Attachments: 1. Location Map 2. Applicant's Submitted Plans 3. Text of Information Report No. 06-05 4. Minutes from Statutory Public Meeting 5. Letter from the Evangelical Church of God 6. Comments from Veridian Connections 7. Comments from the Region of Durham Planning Department 8. Condominium Board Manager Authorization Letter 9. Consent Form for the Use of Additional Parking Prepared By: Approved'/Endorsed By: Joyce Ye~C..J y Planner I Neil 'Carr~ ' P~~~~ Director, Planning & Development Ly~la/Taylor, MCIP/RPP Manager, Development Review JY:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ,, , 5The'~as J. Quince, Chi~/Adm~ra~ APPENDIX I TO REPORT NUMBER PD 24-05 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 4~05 THE CORPORATION OF THE CITY OF PICKERING o . DR CFT Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 19, B.F.C. Range 3, in the City of Pickering. (A 4/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the use of a place of religious assembly on the subject lands, being Part of Lot 19, B.F.C. Range 3; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT Subsection 17.4.4 of By-law 3036 is hereby amended by adding Subclause (c) into the definition provision of Clause 17.4.4 (1) and by adding Clause 17.4.4 (3) after Clause 17.4.4 (2): 17.4.4 - Part of Lot 19, B.F.C. Range 3 (Durham Condominium Plan 105) (1) Definitions (c) "Place of Religious Assembly" shall mean lands or premises where people assemble for worship, counselling, educational, contemplative or other purpose of a religious nature, which may include social, recreational, and charitable activities, and offices for the administration thereof; (3) Provisions for a Place of Reliqious Assembly In addition to the provision of Subsection 17.1 hereof, a Place of Religious Assembly is permitted on lands known as Part of Lot 19, B.F.C. Range 3 (Durham Condominium Plan 105), in the City of Pickering, provided that the following requirements are met: (a) The gross leasable floor area of all Places of Religious Assembly shall not exceed 170 square metres; 2. BY-LAW 2511 By-law 2511 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 2511, as amended. 3. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passedthis~ day of ,2005. David Ryan, Mayor Debi A. Bentley, Clerk ATTACHMEICI'J / TO REPORT ~r PD ,~ z/. 0..5- BAYLY STREET o i O , ~ I RANGEB[ ~ QUIGLEY STREET ,~ JECT ~ ~ROPER~ City of ~ickorin~ ~lannin~ & Devolopment Do~a~mont PROPER~ DESCRIPTION UNIT 14, LEVEL 1, DURHAM CONDO PLAN 105 I OWNER EVANGELICAL CHURCH OF GOD DATE MAR. 7, 2005 DRAWN BY JB FILE No. A 04/05 SCALE 1:5000 CHECKED BY JY INFORMATION COMPILED FROM APPLICANT'S SUBMITTED SITE PLAN A 04/05 QUIGLEY STREET 6 7 8 10 11 12 13 14 15 16' 17 18 SUBJECT UNIT THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFORMATIQN SERVICES DIVISION MAPPING AND DESIGN SECTION, MARCH 7, 2005. INFORMATION COMPILED FROM APPLICANT'S SUBMITTED FLOOR PLAN A 04~05 OPEN SPACE 7'-8' ,i, 5'-8' ~, 9'-8' f WR.2 OFFICE OFFICE- STORAGE MULTI PURPOSE ROOM / THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, APRIL 5, 2005. PICKERING INFORMATION REPORT NO. 06-05 FOR PUBLIC INFORMATION MEETING OF April 21, 2005 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 04/05 Evangelical Church of God 905 Dillingham Road Level 1, Unit 14, Durham Condominium Plan 105 City of Pickering 1.0 2.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is approximately 0.81 hectares in size, and located at the south-east corner of Dillingham Road and Quigley Street (see Attachment #1 - Location Map); the subject property currently supports a 23 unit multi-tenant industrial condominium building; the subject land is surrounded by industrial-commercial uses. APPLICANT'S PROPOSAL the applicant proposes to amend the existing zoning on the subject property to add a place of religious assembly; this proposed use will occupy Unit #14 within the existing industrial condominium (see Attachment #2 - Site Plan); total gross floor area of the entire building is 3,010 square metres, while Unit #14 consumes approximately 165 square metres of the floor area; the applicant has submitted a building permit application (BP#05-104) for the proposed renovation in Unit#14 and the permit is on hold pending the result of this rezoning application (see Attachment #3 - Floor Plan). Information Report No. 06-05 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 an 'Urban Areas - Employment Area' designation, where development is intended to be predominately for employment purposes; cultural facilities, such as for the purpose of religion, are encouraged to locate within Urban Areas, and shall be permitted in any designation except Agricultural Areas; the applicant's proposal appears to conform with this designation; 3.2 Pickerinq Official Plan the subject property is designated "General Employment" within the Brock Industrial Neighbourhood; this designation allows community uses; both Dillingham Road and Quigley Street are designated Local Road, such roads are to provide access to individual properties and carry local traffic; the Applicant's proposal conforms to the applicable Official Plan policies; 3.3 Zonin_~ By-law 2511 - the subject property is currently zoned "M2" - Yard Storage and Heavy Manufacturing (Industrial) Zone by Zoning By-law 2511, as amended; - the proposed use "place of religious assembly" is an institutional use; - "M2" zoning allows a variety of industrial and commercial uses, but does not allow a place of religious assembly; - under a general provision of By-law 2511, the parking requirement for a place of religious assembly is based on a standard of 1 space per 4 persons capacity; - an amendment to the zoning by-law is required to add the proposed use to the existing zoning. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments no resident comments have been received to date; 4.2 A_qencv Comments - no agency comments have been received to date; Information Report No. 06-05 4.3 Staff Comments 5.0 Fire Services - besides meeting the requirements of the Ontario Building Code and Ontario Fire Code, the applicant also has to complete an inspection on all of the existing and proposed electrical services/equipment done by the Electrical Safety Authority Inspections Branch prior to occupancy; in reviewing the application to date, planning staff has identified the following matters for further review and considerations: Use · the compatibility of the proposed use within the existing condominium; · examine compatibility with existing built form; · examine the entire site to ensure that all uses within the condominium conform with the "M2" zone; industrial industrial this zoning amendment will evaluate the appropriateness of the proposed use; Parking · assess the current parking supply on-site and examine the potential impact that this proposed use may have on the parking supply; Zoninq · determine whether or not floor-space limitation for the proposed use should be included in any amending zoning by-law; this Department will conclude its position on this application after it has reviewed and assessed the above-noted comments, and any comments received from the circulated departments, agencies and the public. 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. Information Report No. 06-05 6.0 6.1 6.2 6.3 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 Received copies of the Applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; Property Principal the principal of 905 Dillingham Road is Joe Ross; the owner of Unit#14 is Evangelical Church of God; the applicant/agent of this application is Pastor Loretta James. ORIGINAL SIGNED BY Joyce Yeh Planner I JY:ld Attachments ORIGINAL SIGNED BY Lynda Taylor, MCIP, RPP Manager, Development Review Copy: Director, Planning & Development ~ ¥ · o .5~ Excerpts from Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, April 21, 2005 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. ZONING BY-LAW AMENDMENT APPLICATION A 04/05 EVANGELICAL CHURCH OF GOD 905 DILLINGHAM ROAD LEVEL 1~ UNIT 14~ DURHAM CONDOMINIUM PLAN 105 Joyce Yeh, Planner I, provided an overview of property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report #06/05. Loretta James, Pastor, requested a quick review of this application. She advised that parking should not be a problem as their usage is on Sundays and Tuesday and Thursday evenings when the other businesses are closed. -1- FEB-~5-2005 12:20 5~9 ?~8 2009 P.02/02 PIONEER PARK POSTALATTACHMENT#~ TO REPORt # PD o?~-0~' EVANGELICAL CHURCH OF GOD, CANADA INC. $ Elliort Street, Cambridge, Ont. N1R 2J3 (5]9) g21-1330 / 748-0940 Rev. L.P. Green (Host Pastor) Beyerly Spencer (Secretary) Feb.15,2005 Joyce Yeh City of Picketing PI_arming & Development Department Pickering Civic Complex Picketing, Ontario CITY OF PtCKERING ~LANNING & DEVELOPMENT DEPARTMENT Re: E~.ANG_ELI. CAL .CHURCH OF GOD (Scarborough) Dear Madam I am writing on behalf of the "Scarborough branch of the Evangelical Church of God" which is trying to relocate in the City of Pickering, at the address known as 905 Dillingham road, Unit # 14 and plan #105 and need a permit to use this facility as a place of worship. The number of people including children are approximately twenty-five (25); and the frequency of use will be three (3) days per week as follows: Sundays: lO;00am- l'l:00am ll:lSam - l:30pm 7:30pm - 9-.30pm Tuesdays: 7:30pm- 9:30pm Fridays: 7:30pm ~ 9:30pm Sunday School (Adult and Children) Devine worship worship service Prayer & Bible study Youth Activities/training. Let me hope that this request will be granted, seeing that this property is already being purchase, and a mortgage is granted to the church, which at this time would make it very difficult to pay a mortgage, and then having to still rent another facility to assemble for worship. I am asking on behalf of thin group that you and your board and or council give this matter your earnest consideration as quickly as is possible, and we look forward to a favourable reply, If you need any further information, you can contact me the undersign at (519) 748 0940 or call pastor L.V. James at (905) 426 883% Please accept our thanks, as we look forward to hearing from you as soon as possible. "For we are Labourers together with God" 1 Cot 3:9 ~P~-14-2006 THU 11:01 ~N P, 02/02 VERIDIAN CONNECTIONS DEVELOPMENT APPLICATION REVIEW ~ NAME; Evangelical Church of God ADDRESS/PLAN; Picke 'dng 1 905 Dillingham Road, Unit 14 . NO.: A 04/05 SUBMISSION DATE; March 21, 2005 13ne existing service to th.is building may be inadequate. Details regard lng a service upgrade can be obtained from our offices. Ve,idian Cotmecfions has no objection to the proposed development. Please forward a copy of first sub~mssion civil design so that Vefidian Connections may prepare an ~lectfical design and an Offe~ to Sendce. Electrical drawings are teqtfired 0/6) monfl~s prior to eleclxical servici:~g date, Techmcal Representative - Ken Gallen Telephone 427-9870 Ext, 3262 PP/df April 25, 2005 The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E. 4TM FLOOR, LANG TOWER Joyce Yeh, Planner Pickering Civic Complex One The Esplande Pickering, Ontario L1V 6K7 Ms. Yeh: Re: Zoning Amendment Application A04/05 Applicant: Evangelical Church of God Location: 905 Dillingham Road Level 1, Unit 14, Durham Condominium Plan 105 Municipality: City of Pickering WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 CANADA n05-728-7731 ,x: 905-436-6612 ,--mail: planning@ region.durham.on.ca www.region.durham.on.ca A;L. Georgieff, MCIP, RPP CommisSioner of Planning This application has been reviewed by the Region of Durham and the following comments are offered. The purpose of this app!ication is to amend the existing zoning of the subject property to permit a place of religious assembly. Re.qional Official Plan The lands subject to this application are designated "Employment Area" in the Durham Regional Official Plan. Religious facilities are encouraged to locate within urban areas and are permitted in any designation except for the Permanent Agricultural Reserve and General Agricultural Areas. Regional Services Municipal water supply and sanitary sewer services are available to the property. Provincial Policies & Deleqated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no matters of provincial interest applicable to this application. If you have any questions or require further information, please do not hesitate to contact me. "Service Excellence for our Communities" Dwayne Campbell, Planning Analyst Current Operations Branch cc: Rod Bolahood, Regional Works Department N:\pim\dc~ZoningkComments\Pickering~A04-O5.doc 100 ~;~ Post Consumer Ross Air S' Commercial- industri Custom Sheet Metal Design -- Installation Date: February 24, 20( To: Picketing Zoning Attention: RE: Zoning of Unit # To Whom It May Cone We would allow tempo our condominium act, ~ lo-c Ross Condominium Manage 905 Dillingham Rd. Unit #17 Picketing, ON L1W 3X1 Tel: (905) 420-5651. Fax: (905) 420-8903 IEmail: rossair~on.aibn.corn .fy eoning change for unit # 14 only. New zoning must comply with elaration, bylaws and roles. REAL ESTATE'tNC · REALTOR !688 ,&venue Road Toronto, Ontario MSM 3Y4 Tei: (416) 785-1500 Fax: (416) 78G8100 Toll Free: t-866-967-3473 E-mail: central@fores~hill.com Website: ww~.foresthill.com December 13, 2004. L~'w¢ hereby agree to allow "The Evangelical Church qf God',' presemly occupying 905 Diilingham Road, Urfit 14, in the City of Pickering the right to use our private parking space(s) afi~ hours ( fuesday-s 7:00-9-00 p.m., Fridays 7:00-9:00 p.m., Sundays 1 l:00-2:00pm and 7:00- 9:00 p.m.) ,f not occupied. Ikis %,reement is only for direct use of the Church named herein. md not 'based :.m the ownership privileges nor will it impede wkh the u~e of the urfit.