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HomeMy WebLinkAboutBy-law 2286/86Ontario Ontario Municipal Board Zl S~ NA~II O~ leotLon 34 o£ the ~mu~J~l/ Ac~, JUID ZI I1~ ~ O~f &~ ) c. a. csxnou ) Nembeg ) IBC~BTA~r Ontario ~G "-" Ontario Municipal Bo~'~ IN THE RATTER OF Section 34 of The Planning Act, 1983 AND IN THE RATTER OF an appeal by Diamond Charania in respect of Zoning By-law 2286/86 of the Corporation of the Town of Pickering COUNSEL: S.J. D'Agostino for Diamond Charania 194 860432 C.M. Timothy Sheffield for The Corporation of the Town of Pickering DECISION OF THE BOARD delivered by C.G. CHARRON On the 5th day of August 1986, counsel for the Corporation of the Town of Pickering passed By-law 2286/86 to amend restricted area zoning By-law 2520 to implement the Official Plan of the Town of Pickering District Planning Area in the Region of Durham. The purpose of the by-law is to allow the addition of 1BO square metres (approximately 1,950 square feet) to the north side of property municipally known as 927 Liverpool Road South, being Lot 70, Registered Plan M14 for the Town of Picketing. The property is presently used as office space for three dentists and two chiropractors. 927 Liverpool Road South is one of five single family residences between Bayly Street and Tatra Drive which was given a professional office exemption by By-law 2520 in the 1950's at a time when there was a shortage of office space in the Town. Abutting the five professional office/home conversions at the south-east quadrant of Liverpool Road and Bayly Street is a Shell service station. The north-east quadrant is the GO Station parking lot. The north-west quadrant is zoned Commercial C3 and is to be developed. The south-west quadrant is the site of a Petro Canada service station to which abuts a Lutheran Church and its parking lot. To the south of the church parking lot is a park area and the East Shore Community Centre. This south central part of the Town would appear to have assumed a commercial/institutional flavour over the years. The traffic volume is said to be quite heavy as this Liverpool-Bayly intersection leads to Highway 401. The subject property located on the east side of Liverpool Road is an - 2 - R 860432 office building having the appearance of a single family residence on a 0.48 hectare (1.1 acre) site. By-law 2286/86 would allow the construction of a two-storey addition approximately 180 square metres (approximately 1,950 square feet) to the north side of the existing building. The property is presently zoned RM1 Multiple Family Dwelling, First Density zone under By-law 2520 subject to a professional office exemption which permits a building on Lots 67, 68, 69, 70 and 71 of F:egistered Plan MI4 to be used as a professional office, restricted to ;pecific named professions. The office of a chiropractor is not a permitted use under By-law 2520. The building must also have the appearance of a single family detached dwelling, have one parking space for each 37 square metres (400 square feet) of professional office space and finally, the lot area must have a minimum of 460 square metres (5000 square feet), a frontage of 15 metres (50 feet) with a frontage setback of 7.5 metres (25 feet), a sideyard setback of 1.5 metres (5 feet) and a rear yard setback of 7.5 metres (25 fee't). The applicant's proposal will conform with the requirements of the by-law except as to parking. On October 22, 1985, Council under By-law 2103/85 approved a previous application to add a 70 square metre (750 square feet) addition to the north side of the existing office facility. The present applic~tion indicates that the approved addition in 1985 is insufficient to meet the present needs. The present project is planned to provide a more convenient and comfortable office to better serve existing patients by the use of new equipment, with an addition to the chiropractic office, an additional dental operating room, a staff luncheon room and storage areas for records. The Durham Regional Official Plan designates the s~Jbject property Residential. Section 8.1.2.1(c) of the Official Plan permits limited office development in residential areas subject to a provision of the applicable district plans and the implementing zoning by-law. 927 Liverpool Road South is designated under the Community Plan for the Fairport Community Central - 4 - R 860432 By-law 2286/86 would allow a minimum of one parking space for each 182 square metres (1950 square feet) of gross floor space. The building is currently staffed by five professionals and nine support staff so that the parking provided would fall far short of accommodating staff, let alone patient requirements. Three planning reports dated September 25, 1984, October 8, 1985 and July 22, lg86 prepared by the Planning Department for the Town of Pickering have consistently recommended that the applicant's request for an addition to the subject property be refused. final report bears repeating in full of this application succinctly. The summary and recommendation in the as it covers the planning deficiencies "In summary, this Department does not support the applicants' request to rezone the property to permit a 180 square metre addition to be constructed to the north side of the existing dentist and chiropractic offices, as it is not in keeping with the general intent of relevant planning documents and may further aggravate the existing parking and traffic congestion currently experienced in the area. Furthermore, approval of any expansion will serve to strengthen the viability of the office use and increase its permanence, thus diminishing the possibility of the area being redeveloped as a professional office complex, in keeping with the intent of the Community Plan. Consequently, staff recommend that the application be refused." The Board agrees and adopts the summary and recommendation of the planning staff as reiterated as its own. The appeal by Diamond Charania in respect of By-law 2286/86 of the Corporation of the Town of Pickering is allowed and By-law 2286/86 is hereby repealed. DATED at TORONTO this 12th day of February, 1987. ~.G. CHARRON~ X~MEMBER - 3 - Area Residential Low Density 2. R 860432 Section 3A(e) of the Fairport Community Central Area Plan, by Amendment 1 to the Town of Pickering Official Plan, reads as follows: "The existing 5 single family homes on the east side of Liverpool Road north of Tatra Drive which are presently used as professional offices shall revert to residential uses if these professional uses cease to exist. Any proposal, to extend or enlarge the present structures, which does not meet with the provisions of the Town zoning by-law shall be prohibited. However, the Town may consider redevelopment proposals to integrate all the existing uses into a professional office complex subject to a development agreement which shall include, but not be limited to, provisions regarding site layout, building height and landscaping arrangements to ensure the compatibility of such a complex with adjacent residential areas." The Official Plan, therefore, assumes that the use of these five single family homes as professional offices will eventually cease and that the use of the homes will eventually revert to a residential use. However, the Official Plan does contemplate a redevelopment that would integrate all of the five homes into one professional office complex subject to a development agreement with the Town. The present proposal is to build an addition to one building. The additional space could allow for an 'increase in the number of patients presently cared for, although the evidence indicates that no such increase is presently contemplated. The greatest concern is as to parking. By-law 2520 requires one parking space in the side or rear yard for each 37 square metres (400 square feet) of professional office space. This concern is expressed by the Public Works Department as well as the appellant, the neighbour to the north. The planner, Mr. Given, called on behalf of the applicant, said that there is no realistic parking ratio that would work on this site. He said that there already exists a problem and that it has existed for some time. He stated that all five professional office/home conversions in the row along Liverpool Road South violate the by-law requirements as to parking. He further stated that the by-law is only supportable if the church parking lot across the road continues to be available for the applicant's use. THE CORPORATION' OF THE TOWN OF PICKERING BY-LAW NUMBER 2286/86 Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Lot 70, Registered Plan M-14, in the Town of Pickering. (A 32/86) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the expansion of an existing professional office on the subject lands; AND WHEREAS an amendment to By-law 2520, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Section 8.5 - MULTIPLE FAMILY DWELLING FIRST DENSITY ZONE, as amended, is hereby further amended by deleting clause (e) of subsection 8.5 and adding the following: 8.5 (e) Notwithstanding clauses (b), (c) and (d) above, the following provisions shall apply for Lot 70, Registered Plan M-14: (i) For the purpose of this clause "gross floor area" shall mean the aggregate of the floor areas of all of the storeys of a building or structure, or part thereof as the case may be, other than a private garage and an attic and shall include a cellar; (ii) There shall be provided and maintained on the subject lands a minimum of one parking space for each 182 square metres or part thereof gross floor area; (iii) Vehicle parking shall be permitted in any yard; TOWN OF PICKERING APPROVED LEGAL DEPT, (iv) (v) (vi) (vii) A professional office may contain the office of a chiropractor; Section 5.21.2 a), b) and d) of By-law 2520, as amended shall not apply; Rear Yard (minimum): 7.5 metres Side Yard (minimum): 1.5 metres (viii) Lot Coverage (maximum): 40.8 percent 8. 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. 5th August READ A FIRST AND SECOND TIME THIS DAY OF , 1986. READ A THIRD TIME AND PASSED THIS HN E. ANDERSON . . 5th DAY OF Augus},, //CLERK BRUCE J. TAYLOR STRE SUBJECT TATRA