HomeMy WebLinkAboutPD 20-06
0'5 OCiÚI 01
REPORT TO COUNCIL
Report Number: PD 20-06
Date: March 6, 2006
From:
Neil Carroll
Director, Planning & Development
Subject:
Direction on City Staff Involvement on an Appeal
to the Ontario Municipal Board
Zoning By-law Amendment Application A 6/01
Glenda Winterstein
5015 Brock Road
(South Part of Lot 18, Concession 9)
City of Pickering
Recommendation:
1. That City Council take no position on the appeal to the Ontario Municipal Board
of Zoning By-law 6525/05 by the Region of Durham, to permit five dwelling units
and one commercial unit at 5015 Brock Road North.
2. That the City Solicitor be directed to attend the OMS hearing to convey the City's
position.
Executive Summary: A zoning by-law amendment was approved by City Council
as a result of an application by Glenda Winterstein for the property at 5015 Brock Road
in Claremont. The application was to permit the existing building to have five residential
dwelling units and one commercial unit. Staff recommended that the application be
approved for only four residential dwelling units and one commercial unit as a private
sewage system for the site can only accommodate four dwelling units. Council
approved the application for five residential dwelling units and passed Zoning By-law
6525/05 to implement its decision. An appeal was filed by the Region of Durham on the
grounds that five residential dwelling units cannot be properly serviced by the private
on-site sewage system.
The purpose of this report is to seek Council direction respecting its position on this
matter at the OMS hearing scheduled for March 21, 2006.
It is recommended that the City take no position at the OMS hearing, as the issue of the
appeal is a technical matter related to the ability to provide appropriate private services
to the subject property. The Region of Durham Health Department is the approval
authority for private services, therefore the matter of the maximum number of dwelling
units permitted on the subject property should be considered having regard to their
comments. The City Solicitor will attend the hearing to convey the City's position.
Report PD 20-06
Date: March 6, 2006
051
Subject: Glenda Winterstein (A 6/01)
Page 2
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed recommendation.
1.0 BackQround:
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 & #2). The property is currently zoned 'C2' which does not
permit residential apartment units.
The only significant issue on the appropriateness of the application is related to
the provision of private services. The applicant submitted a report titled
"Sewage System Design Winterstein Residence," by Jagger Hims Limited, 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 only. The intensity
of use of the property is constrained by the availability of space for a private
sewage system.
Staff recommended that the zoning amendment application be approved for only
four residential dwelling units and one commercial unit, as a private sewage
system for the site can only accommodate four dwelling units. This position was
based on the engineering report submitted by the applicant and reviewed and
recommended by the Health Department for the Region of Durham. However,
Council approved the application for five residential dwelling units on June 6, 2005,
and passed amending Zoning By-law 6525/05 on the same day.
Appeal to the Ontario Municipal Soard
The appeal has been filed by the Region of Durham on the grounds that
five residential dwelling units cannot be properly serviced by the private on-site
sewage system and therefore would not comply with the Durham Region Official
Plan that requires all development in Hamlets to be serviced by private services
and in compliance with the standards of the Region of Durham and Ministry of
Environment.
o52eport PD 20-06
Subject: Glenda Winterstein (A 6/01)
Date: March 6, 2006
Page 3
2.0 Analvsis
Staff Position
The issue that will be before the OMB is whether the subject property can
support four or five dwelling units. The technical information that has been
presented to date is that the proposed sewage system design can only support
four dwelling units. It is anticipated that the Region of Durham will present
professional opinion evidence that only four units can be serviced on the
property. It is anticipated that no technical/professional evidence will be present
to indicate that five dwelling units could be serviced on the property.
Further, it is City staff's understanding that the Region is presently discussing a
potential settlement with the applicant for a by-law which permits four dwelling
units (and one commercial unit). If an agreement is reached a revised zoning
by-law that permits four dwelling units will be submitted to the OMS for approval.
It is recommended that the City Solicitor attend the OMB hearing set for
March 21, 2006 to convey the City's position. City planning staff would only
attend the hearing if requested by the OMB, or under subpoena.
Attachments:
1 . Location Map
2. Applicant's Submitted Plans
3. Copy of Zoning By-law 6525/05
4. Copy of the letter of appeal to the OMB from the Region of Durham
Report PD 20-06
Date: March 6, 2006
053
Subject: Glenda Winterstein (A 6/01)
Page 4
Prepared By:
Approved / Endorsed By:
Neil Carroll, ,
Director, Planning
ROSSpe~pp~
Principal Planner - Development Review
RP:jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering Cit Coun .
.---/
,./
05'1
'.! I f'I-_~Q__(:'Jç,
v 1
\
\
Ul\NE STREe.ï .
STREe.ï
¿---:. f - -1; II
-0 0
0 « J
v 0
:::¡ 0::
~ :!
--
~
CT.lDRMONT
j
r---
I h~r Jr. lrosdPH CTR::e: ~ .
( L ~Dð=~ LG
¡) IrTn~ moo ~'i=
~ J
'--
-r--
..
/
/
r::/'
CENTRAL.
J ~ '-WI..Lm
'TII:IVr¡:¡nll ~~ ~I .
0;6... ~ ~ lint
/' '5 _ ON
-1. f- /;j
11--"- g::::J _I- _ ~ .
. I . 0::
o m
tn
z
«
(J
-
N
I-........-..~
0::
«
m
STREe.ï
~I
-
- ..)/
~ ('
I:IOVINGDON
PLAC
II
Z·
.¿;
--- - -
:~/' ~ -----------
~~
L
iI,
,p
ß
~
I \
I
.~
~ /1) /v
(~ .rl_"'''N, D FIP 1-1 ~i-YF--
\TRA~~¡::::.- - !L-
--- /
\V1
)¡
i~~
ACORN
LANE
z
-~
/; ~
l,.< ~
/
;:;;; r-- -,...._ __
r-
....--.
I
I
/
~,'l:t.
;:,~
Q
/
~.
~
City of Pickering Planning & Development Department
PROPERTY DESCRIPTION P.ART OF LOT 18, CONCESSION 9; PART OF LOT 2, PLAN 12
OWNER G. WINTERSTEIN DATE JAN 14,2001 DRAWN BY RC ""^'
I'
APPUCATlON No. A 06/01 SCALE 1 :7500 CHECKED BY TB
FOR DEPARTMENT USE ONLY PN-S10 PA-
Q
«
o
c::
:::s:::
ü
o
c::
c:a
"", ',To /I {). rr¡
,··k·, C ,____,"'-_, V
ib'()rdil PL:..~P ..,:,-, ..,....
INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN
A 06/01
G. WINTERSTEIN
E
It)
..r
a:J
EXISTING 1 STOREY
FRAME STRUCTURE
131.0m
LOT 2
DECK
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.
055
E
a:J
N
a:J
056
;1
I
;j
:i
I:
\1
il
"
I'
,I
'I
I,
il
I,
II
Ii
Ii
1\
I
I
II
II
I
í
I
!
II
II
!I
II
Ii
II
Ii
I'
II
I
II
'I
II
1,
I!
I!
I'
,I
Ii
¡:
I'
I
'I
I:
I,
II
I!
Ii
.,
II
I'
II
I
Ii
!
i
Ii
I'
,I
Ii
,I
"
'i
II
II
Ii
," 3 rU',
~".' 1f___
P··("I '.' - (~.I' /
h¡YJRï Ii u -:!. s. ..-
THE CORPORATIO[\J OF THE CITY OF PICI<ERI[\JG
BY-LAW [\JO. f,')~;/ <1;
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 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 five dwelling units on the subject lands, being South Part
of Lot 18, Concession 9;
Af\jD WHEREAS an amendment to By-law 3037, as amended, is therefore deemed
necessary;
[\JOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. 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 Brocl( Road)
In addition to the uses permilted in Subsection 9.1, for the lands known as Part of
Lot 2, Plan 12, in the City of Pickering a maximum of five (5) 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 5 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.
2. 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
June 2005.
day of
fJ,h
Oavi
, -------
'~<tf,(t
Debi A. Bentley, Clèrk
The Regional
Municipality
of Durham
Planning Department
1615 DUNDA8. 8.T. E.
4'HFLOOR, LANG TOWER
WE8.T BUILDING
PO BOX 623
WHITBY ON L 1 N 6A3
CANADA
905-728-7731
~<'x: 905-436-6612
mail: planning@
region.durham.on .ca
www.region.durharn.on.ca
Ä.L. Georgiaff, MCIP, ¡:¡PP
Commissioner of Planning
"Sé;ti/ice ExcefiencE'
fOF'our Comtnunities 1/
June 29, 2005
ATTACHMEN1 #_i/-
REPOR1I PD< ,lô'
057
TO
L: l;>
RECEIVED
Debi A. Bentley, CMP, CMM III
City Clerk
City of Pickering
One The Esplande
Pickering, Ontario
L 1V 6K7
JULO 52005
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
Dear Ms. Bentley:
NOTICE OF APPEAL
Re: Appeal of the City. of Pickering Council's Decision to Pass Zoning
By-Law 6525/05 .
File Number: A06/01 .
Applicant Glenda Winterstein
Municipality: City of Pickering
Please be advised that the Regional Municipality of Durham appeals the
decision of the City of Pickering, dated June 6, 2005, in the above noted
matter. A cheque payable to the Minister of Finance in the amount of $125.00
is enclosed. .
The subject property is located north of Central Street and east of Brock Road
in the Hamlet of Claremont. The applicant proposes to amend the existing
commercial use in order to permit 5 exi$ting residential apartment dwelling
units In addition to the commercial use.
The reasons for this appeal areas follows:
1. The proposed use does not conform to the policies of Durham R~gional
Official Plan (the "OffidRI Plan"). SAction 13.3.5 of the Official Plan
. , .
permits development within hamlets to be serviced with private drilled
wells and private sewage disposal systems where groundwater quantity
and quality permits, and in compliance with the standards. of the Region
and the Ministry ofthe Environment.
The engineering report by Jagger Hims Limited, as submitted by the
applicant to Pickering City Council, concludes that the approved
replacement sewage disposal system on the subject property is only
capable of supporting a total design daily sewage flow of4,000
¡itres/day. Zoning By-Law 6525/05, as passed by Pickering City Council,
allows the proposed building to generate 4,750 ¡¡tres/day which exceeds
the maximum allowable sewage flow based on usable area and
allotment of usage in the building and as such is not in compiiancewith
the standards of the Region.
·'T,~~
0'58
ATTACHMENT # 4- TO
REPORT # PO .~ () , 0 ,-~ ~,__
2.
Such further and otl1e'r reasons as Counsel may advise and the Board
may permit.
Dated in Whitby this 29th Day of June, 2005
~ ~~b-rð
Nestor Chornobay, M.C.I.P., R.P.P.
Director' .
Strategic Planning Branch
cc: Legal Department - Cindy Boyd, Solicitor
Health Department - Tony Wong, Manger of Environmental Health