HomeMy WebLinkAboutBy-law 6525/05PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
May 26, 2005
To:
Bruce Taylor
City Clerk
From:
Ross Pym
Principal Planner- Development Review
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
The Executive Committee at their May 24, 2005 meeting adopted a recommendation on
the subject application to permit the subject property to have five dwelling units in the
existing building. This recommendation differs from the recommendation contain in
Report Number PD 18-05 that recommended four dwelling units. The recommendation
in Report Number PD 18-05 also contained a zoning by-law amendment based on the
staff recommendation. Therefore, a revised zoning by-law amendment is provided that
implements the Executive Committee's recommendation to permit five dwelling units.
If Council adopts the Executive Committee's recommendation for approval of five dwelling
units in the building at their June 6, 2005 Meeting, Council may consider the attached
Zoning By-law later on at the same meeting.
Please note that this by-law may be given all three readings at the June 6, 2005 Council
Meeting, provided Council approves the Executive Committee's recommendation on the
subject application earlier that same Meeting.
The purpose and effect of this by-law is to permit five dwelling unit and one commercial
unit on the subject lands.
RP:jf
rplpl-applwintersteinlrevised by-law memo to clerks
Attachments
Ross Pyro, MCIP,
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 657-~! n~
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;
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 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.
6r.h day of
Davi RyC~..~layor
Debi A. Bentley, Cl~rk - t~
ISSUE DATE:
March 27, 2006 y '
DECISION/ORDER NO: 7�
AR 2 a 2006 PL050677
0917
Ontario
Ontario Municipal Board CLERK'S EVASION
Commission des affaires municipales de ('Ontario
The Regional Municipality of Durham has appealed to the Ontario Municipal Board under
subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended; a,1007oning By-
law 6525/05 of the City of Pickering
OMB File No. R050150
- 3 ?.00
APPEARANCES : CITY 01= DICKERING
PLANNIDNG&EPARTMEN Pr�E
Parties Counsel
Regional Municipality of Durham C. Boyd 44) , 40
kp,
ea,
City of Pickering A. Allisonc��� 4el
oec
Glenda Winterstein g �►
MEMORANDUM OF ORAL DECISION DELIVERED BY J. R. AKER
ON MARCH 21, 2006 AND ORDER OF THE BOARD
At the outset of the hearing, the Board was informed that the parties had signed
Minutes of Settlement (Exhibit 2). Amended By-law 6525/05 now permits a maximum
of four (4) dwelling units and one commercial unit. This change is a reduction of one
dwelling unit.
Mr. Karl Kiproff, a qualified sewage system inspector employed by the Region of
Durham Health Department, provided evidence that the dual Ecoflo Biofilter ST-650
septic system would be a satisfactory private sewage system for the proposed uses in
the amended By-law.
Mr. Dwayne Campbell, a planner employed by the Region of Durham, provided
opinion planning evidence in support of the amended By-law. In his opinion, amended
Zoning By-law 6525/05 has regard to the Provincial Policy Statern n ` olift .it t6.the
r� s 06
City of Pickering Official Plan and represents good planning.....:t-: coni 10: J
s _
IINFO.SYSTEA
No one spoke in opposition. _ __ LEGAL SERVICES Ttfr
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CORP SERVICES OPERATIONS _
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- 2 - 'PL050677
Based on the evidence, the Board finds amended Zoning By-law 6525/05 has
regard to the Provincial Policy Statement, conforms to the Official Plan and represents
good planning.
•
The Board Orders that the appeal against Zoning By-law 6525/05 of the City of
Pickering is allowed in part, and By-law 6525/05 is amended as set out in Attachment 1
to this Order. In all other respects, the Board Orders that the appeal is dismissed.
J. R. AKER
MEMBER
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