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HomeMy WebLinkAboutInformation Report 13-0812 — KIM- INFORMATION REPORT NO. 13-08 FOR PUBLIC INFORMATION MEETING OF July 7, 2008 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: City Initiated Application Zoning By-law Amendment Application A 12/08 Dunbarton Village Zoning Review City of Pickering 1.0 BACKGROUND - on November 19, 2007, Pickering City Council considered Planning & Development Report PD 32-07 respecting Dunbarton Village Zoning Review, and City Council, through Resolution #212/07, provided direction to staff to hire a consultant to undertake a work program to review the zoning for Dunbarton Village and to host a Public Information Meeting to consider a Zoning By-law amendment to address zoning within Dunbarton Village; - lands within Dunbarton Village currently have a variety of zoning and the majority of the properties were zoned with the adoption of the original Zoning By-law 3036 which was passed by Council and approved by the Ontario Municipal Board in 1966; - certain properties that are used as detached dwellings, were and are still zoned General Commercial — "C-2", this zoning permits a wide variety of commercial uses including retail store, restaurant, office, automobile service station, taxicab stand, clinic, hotel and other commercial uses and one of the properties still holds an agricultural zoning; - concern with the existing commercial zoning for some properties was highlighted in the fall of 2006 with the submission of a Committee of Adjustment application P/CA 68/06 for 1047 Dunbarton Road, this application requested an extension of a legal non -conforming use and the establishment of a commercial and residential building on the property and was tabled by the Committee of Adjustment; - concerns were expressed by neighbours respecting the appropriateness of the proposed land use, and the scope of uses permitted by existing zoning; Information Report No. 13-08 Page 2 1 11 . a comprehensive zoning amendment for the area is now considered appropriate to ensure land use conflicts do not result given the majority of properties are used for detached dwellings; 1.1 STUDY AREA LOCATION AND DESCRIPTION - the subject properties are located along the north and south side of Dunbarton Road and the east and west side of Dunchurch Street in the Dunbarton Village area of the City of Pickering, a property location map is provided for reference (see Attachment #1); - the subject area represents the remaining portion of the former village of Dunbarton which was initially established in the early 1800's; - the King's Highway, Highway #2, used to run through the village until the 1960's when Highway #2 (now Kingston Road) was moved south to its current location due to the construction of the CNR railway line; - some of the lots are still occupied with the original homes while other lots have been redeveloped over the years; - the Dunbarton-Fairport United Church anchors the eastern boundary of the study area and Dunbarton Creek is the western boundary (see Attachment #3 — Existing Zoning — Dunbarton Village map). 2.0 PUBLIC CONSULTATION - this application has been subject to a public consultation process and comments have been received on the zoning review; - two neighbourhood meetings have been held, the first on February 26, 2008 and a follow-up meeting on May 14, 2008; - the public comments that have been received all acknowledge the need to change the zoning of the area; - there was a range of opinion$ from the residents as to the extent of commercial uses that would be appropriate for the area; - some residents expressed the opinion that the area should be for only residential uses that would include a commercial component only by means of the home occupation provisions of the zoning by-law; - there was also the comment that very limited commercial may be considered by allowing tea rooms, professional offices or other discreet business; - some residents have also commented that the zoning should be very restrictive to residential uses only; - the community expressed a strong opposition to permitting a contractors yard/operation or similar uses; - prior to the formal public consultation commencing on this zoning review a Committee of Adjustment application precipitated the organization of a neighbourhood working group that prepared and submitted a discussion paper on the historical Village of Dunbarton in which certain residents expressed the opinion of the need to change the current "C2" zone to one that is more reflective of the current residential uses of the area (see Attachment #3); - a Public Information Centre on this application is scheduled for June 23, 2008; Information Report No. 13-08 Page 3 14 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - the Durham Regional Official Plan designates the subject lands as within Urban Areas — Living Area; - the Durham Regional Official Plan states that Living Areas are intended to be predominantly used for housing purposes; - Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads; - in addition to housing purposes Living Areas may permit home occupation and convince stores which are compatible with their surrounding; - the proposal appears to conform to the Durham Regional Official Plan; 3.2 Pickering Official Plan - the Pickering Official Plan designates the subject lands as Urban Residential Area — Low Density Area; - permissible uses within the Urban Residential Area — Low Density Area designation include, among others, residential uses and home occupations; - the subject lands are within the Dunbarton Neighbourhood of the Official Plan; - the Dunbarton Neighbourhood contains Official Plan policy 11.9 (b) which states: 11.9 (b) encourage opportunities to rejuvenate the historical Village of Dunbarton, including considering permitting the introduction of small scale enterprises on suitable sites, provided the historical character of the area and the interests of neighbourhood residents are respected, and considering undertaking a Community Improvement Plan of Project in accordance with section 15.32 of this Plan" - Schedule II of the Pickering Official Plan - Transportation Systems designates Dunbarton Road as a Type C ArterW Road, - Type C Arterial Roads are designed to carry lower volumes of traffic at lower speeds than high order arterial roads while providing access to properties; - Dunchurch Street is designated as a Local Road which provides access to individual properties and carries local traffic; - Schedule 111 of the Pickering Official Plan - Resource. Management designates lands in proximity to Dunbarton Creek as Shorelines and Stream. Corridors; - Shorelines and Stream Corridors identify lands that may be prone to flooding, sloppy instability and/or erosion impacts and require an environmental report to be submitted that appropriately addresses any environmental constraints on the subject property; - the application will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the application; Information Report No. 13-08 - - 3.3 Zoning By-law 3036 Page 4 - the study area is currently zoned the following in Zoning By-law 3036; • C2 — Commercial; • C2-2 — Commercial; • A — Agricultural; • R3 — Residential; • R3—DN — Residential with Day Nursery; • S3-8 — Residential; • I(C)-DN — Institutional with Day Nursery; • OS -HL -3 — Open Space - Hazard Land; - the properties that are zoned commercial and agricultural are the main focus of the zoning review; - an amendment to the zoning by-law is required to implement any proposed changes to the zoning for the study area. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - numerous public comments have been received throughout the study process and have been included in the consultants report (see Attachment #3); - since the formal notification of the public meeting one additional comment has been received, that related to an objection to the definition of "Domestic Business Type—A" that included the use 'custom workshop" (see Attachment #4); 4.2 Agency Comments - no agency comments have been received to date. 5.0 DISCUSSION 5.1 Consultants Examination - the planning consulting firm of Macaulay Shiomi Howson Ltd. was hired to assist City staff in the zoning review, Peter Cheatly was the lead consultant on the project; - the zoning review by the consultant consisted of reviewing the official plan policies, land uses in the area, the street pattern, the existing zoning categories, and public consultation; - the consultant has recommend enacting a zoning by-law amendment which creates a detached dwelling residential zone which also allows home businesses, and recognizes the atypical setbacks of some of the buildings in the village; - the consultant has prepared a report on the Dunbarton Village Zoning review, dated April 29, 2008 which includes the background information, residents comments, and a draft of a proposed zoning by-law amendment (see Attachment #3); Information Report No. 13-08 Page 5 16 - the consultant's recommendation is to replace the "C2" zone between 1019 and 1059 Dunbarton Road, including both sides of Dunchurch Street and the "C2-2" zone at 1051 Dunbarton Road with a new residential zone that will permit detached dwellings and also allow domestic business and bed and breakfast establishments; - the domestic business is based on a uses permitted in the Village of Whitevale zoning, a draft definition is as follows: Domestic Business — Type A shall mean an antique store, an arts and crafts shop, a book store, a business office, a clothing boutique, a custom workshop, a professional office, a tea room or a specialty home furnishing shop, which is: (a) operated from a detached dwelling on the lot, or a building or structure accessory to the detached dwelling on the lot; (b) managed, directed or conducted by one or more of the occupants of the detached dwelling on the lot; and, (c) occupies no more than 25% of the total gross floor area of the detached dwelling and any accessory building or structure on the lot; - for the lands that are currently zoned "A" — Agriculture at 1062 Dunbarton, the recommendation is to use the "S3-8" zone, which is the zone that already is in existence on the north side of Dunbarton Road (see Attachment #3 — Proposed Zoning — Dunbarton Village map); - the draft zoning also proposed performance standards that would capture the existing majority of the dwellings on the lots while still respecting the municipal standard for residential uses; 5.2 General Overview - the Dunbarton Village zoning resulted from an existing land use conflict with zoning provisions, being lands that have been used for residential purposes for a very long time yet the lands are zoned commercial and agricultural; - elements of current zoning in the study area are not conducive to a village character and could jeopardize initiatives to protect and enhance the village setting, the objective of this initiative is to review the existing zoning of the Village of Dunbarton and consider potential zoning changes that better reflect the existing built condition, help guide and foster new development, and support the historical character of the Village; - this zoning review is a scoped review to address incompatible activities that may affect achieving the Official Plan vision, the review is not a comprehensive development review and is not intended to establish development guidelines, architectural controls or the establishment of a Community Improvement Area for the purpose of facilitating infrastructure funding; - Heritage Pickering has on its work program the 'Dunbarton Heritage Designation Study' which may result in a more comprehensive investigation related to heritage matters; - the recommendation of the consultant is generally what was envisioned from a land use perspective in terms of permitted use; Information Report No. 13-08 - the recommended draft by-law by the consultant is in keeping with the specific Official Plan policy for the area (see Attachment #3); - staff will be reviewing the draft by-law in terms of the definitions, permitted uses, performance standards, the lots that are proposed to be rezoned and the lots in the study area that are not proposed to have any zoning changes; - staff will be considering the proposed zoning from a sustainability perspective in terms of impacts the zoning will have on the community; - the Planning & Development Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and public. 6.0 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 Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to be notified of Council's decision regarding the zoning by-law amendment application, you must request such in.writing to the City Clerk; - if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed zoning by-law amendment, does not make oral submissions at the public meeting or make written submissions to the City of Pickering before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal; - if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal; 7.0 OTHER INFORMATION 7.1 Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the application at the time of writing the report; Information Report No. 13-08 Page 7 7.2 Information Received - the City is in receipt of the Dunbarton Village Zoning Review report dated April 29, 2008 prepared by Macaulay Shiomi Howson Ltd.; - the need for additional information and/or technical reports will be determined through the review and circulation of the applicant's current proposal; e-044� Ross Pym MCIP, RPP Principal Planner - Development Review RP:ld Attachments Copy: Director, Planning & Development Lynda T or, MCIP, RP Manager, Developme t Review APPENDIX NO. I TO INFORMATION REPORT NO. 13-08 COMMENTING RESIDENTS AND LANDOWNERS (1) Resident comment — Boyd Penny COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date ATMC> GHENT#.ATO . INFORMATION II 21 EXHIBIT 2 DUNBARTON Z 0 0 K Q Q 0 UNITED m CHURCH j D o ER O� GO SO E P T S jo 1089 ss 0 10 8 P�-� X01, 4,� N� N/ 401 r\\GN`N p'Y City of Pickering Planning & Development Department PROPERTY DESCRIPTION DUNBARTON VILLAGE w OWNER VARIOUS DATE MAY 27, 2008 DRAWN BY JB FILE No. A 12/08 SCALE 1:5000 CHECKED BY RP N 0T ..... lrcEnt.rpYu. Inc. antl it. eupPlien. Ml righ" Roerv.tl. Nat a plon .l —.y. 2005 MPAC end Its .uppli.r.. All i et. ......tl. Not . plan cl $_, . PN -7 ATTACHMENT# 3 TO 22 t"PORMATION REPORT# UITY OF PICVE-f,?#..TILNG ATTACHMENTO_? T9 'h "iRMATION REPORT# l - Draft Report to Planning Staff From: Peter Cheatley, MCIP, RPP Macaulay Shiomi Howson Ltd Subject: Dunbarton Village Zoning Review — Draft for Discussion Date: April 28, 2008 Recommendation 1. That the City of Pickering rezone lands along Dunbarton Road from C2, C2-2, R3 and A to S2-xx, and S3-8, as set out in the attached draft zoning bylaw, Attachment #5. Executive Summary This report outlines the findings of research and public consultation into the zoning that applies to the old Dunbarton Village. The lands on either side of Dunbarton Road, between Dunbarton Creek on the west and Cloudberry Court on the east have been zoned variously in commercial, agricultural and single detached residential zones. These zone categories have endured for many years, even as land use in the village has become less commercial, less agricultural and more residential. As a result of this long-standing land use/zoning conflict, the City commissioned Macaulay Shiomi Howson to review the zoning of the village and to report on the most appropriate zoning categories. A public consultation session was held at Dunbarton United Church on February 26, 2008, at which 29 interested members of the community attended and provided comments. The general consensus was that residential zoning, which would allow for home businesses, was most appropriate for the village. Not all members of the public 24 ATTACHMENT# 3 TO INFORMATION REPORT# agreed, with a few wanting more commercial uses permitted, and another small group wanting only residential uses with no home businesses. After reviewing the official plan policies, land use in the area, the street pattern, the existing zoning categories, and listening to resident input, we recommend enacting a new zoning bylaw which creates a single detached residential zone which allows home businesses, and recognizes the atypical setbacks of some of the buildings in the village. Attachment #1 shows the proposed zoning. Attachment #2 shows the existing zoning. ATTACHMENT#.3.r0 25 INFOMAWNREPORT# 113-09Z 1. Background Lands within the Dunbarton Village currently have a variety of zoning designations (see Attachment # 2). The majority of the properties were zoned with the adoption of the original zoning by-law 3036 which was passed by Council and approved by the Ontario Municipal Board in 1966. Certain properties that are used as detached dwellings, were and are still zoned General Commercial — "C-2". This zoning permits a wide variety of commercial uses including retail stores, restaurants, offices, automobile service stations, taxicab stands, clinics, and hotels. It also permits institutional uses such as clubs, lodges, fraternal organizations, religious institutions and 'other social uses". One property still holds Agricultural — "A" zoning, while other properties have been rezoned over the years for site specific uses and buildings. The existing zoning categories no longer reflect the predominant land use, which is single detached residential. Concern with the existing commercial zoning was highlighted in the fall of 2006 with the submission of a Committee of Adjustment application (P/CA 68/06) for 1047 Dunbarton Road, seeking the extension of a legal non -conforming use, and the establishment of a commercial and residential building on the property. The applicant intended to run a landscaping business from the property. The application was tabled by the Committee of Adjustment. Many of the neighbours who appeared at the February 26, 2008 public consultation meeting spoke at the Committee of Adjustment meeting in opposition to the landscaping business. Concerns were expressed by many of the neighbours respecting the appropriateness of the landscaping business on the street, and the scope of the uses permitted by the existing "C-2" zoning. The Committee of Adjustment meeting precipitated the organization of a neighbourhood working group that prepared and submitted a discussion paper on the historical village of Dunbarton (see Attachment #3). The position presented in the paper is that the current commercial zoning of "C-2" is inappropriate. That position was put forward by the same residents at the February 26, 2008 public workshop. 26 ATTACHMENT#.,,�.'ro INFORMATION REPORT# 2. Public Workshop on Feb 26, 2008 The City of Pickering held an informal public workshop on February 26, 2008. Approximately 29 people attended, and 10 provided written comments. Also in attendance were Councillors Doug Dickerson and Bill McLean, Ross Pym, and Lynda Taylor from the Pickering Planning Dept. Many of the objectors to the landscaping application at the Committee of Adjustment attended the February 26, 2008 consultation meeting, along with the applicant for the landscaping business at Committee of Adjustment meeting. That applicant is a resident on the north side of Dunbarton Road The general consensus at the meeting was that the heritage village elements of Dunbarton Village are worth keeping. At the same time, there was reluctance to agree to an actual heritage designation under the Ontario Heritage Act. While most people in attendance appreciated the history of the Village, there was a reluctance to be bound by the perceived limitations that a district or individual property designation might place on the lands. Several people actively spoke against any kind of heritage preservation, while a few said they might welcome it, if it were done properly. There is a definite lack of knowledge of the processes, rights and obligations involved with heritage designations. There was a range of opinions regarding the extent of commercial uses that should be permitted on the Village lands. Several people wanted the area to be strictly residential, with no more than the standard home occupations permitted. A few people thought that allowing small shops, tea rooms and professional offices would be appropriate. A member of the church expressed a desire to allow small artisan shops to ring the frontage of the church. One resident thought that a pub would be an appropriate use of the propery at the corner of Dunbarton and Dunchurch St. There was a discussion about the economic viability of some of the possible commercial uses, and there was a sense among some of the group that uses that rely on passing trade, such as tea rooms, coffee shops and retailing might not have sufficient draw to be successful. There was a stronger sense that use of buildings by professionals, architects, lawyers or accountants, might be more practical. There was a sense that this would be appropriate. In contrast, with the exception of one resident, there seemed to be a preference that there should be no businesses that would cause disruption to the character of the street, or to residential neighbours. The one resident had tried to operate a landscaping business on Dunbarton, and the majority of those who spoke thought that the landscaping business was inappropriate because of the truck traffic, noise, dust and potential for injury to residents and damage to neighbouring properties. 0 ATTACHMENT# 2 TO INFORMATION REPORT#, l There was a lengthy discussion of the need for traffic calming on Dunbarton, that was addressed by the Councillors. A copy of all written comments received is attached as Attachment # 4. 3. 27 ATTACHMENTO TO 28 INFORMATION 3 -C)r . 3. Discussion 3.1 Land Use The purpose of this study was to consider the removal of incompatible land uses from the uses currently permitted by the existing zoning, and their replacement with more suitable zoning permissions. Limited compatible commercial uses such as those found in other historical village settings in Pickering were to be considered, in keeping with the intent of the Official Plan statement for Dunbarton Villiage. Section 11.9 (b) of the Official Plan states: "encourage opportunities to rejuvenate the historical Village of Dunbarton, including permitting the introduction of small scale enterprises on suitable sites, provided the historical character of the area and the interests of neighbourhood residents are respected, and considering undertaking a Community Improvement Plan or Project in accordance with section 15.32 of this Plan." This study deals with the land use elements of this policy and does not comment on the Community Improvement Plan. We are recommending a new zoning category of S24 for most of the lands in the old Village area. The S2 -x zone will replace the C2 zone between 1019 and 1059 Dunbarton Road, including both sides of Dunchurch Street and the C2-2 zone at 1051 Dunbarton Road. An S3-8 zone, similar to that already in existence on the north side of Dunbarton, will replace the A zone at 1062 Dunbarton. A draft by-law is attached as Attachment # 4. The proposed S2 -x zone would permit detached dwellings and accessory buildings, home businesses, subject to the provisions set out in Section 6.3 of By-law 3036, and a limited range of "domestic businesses" currently permitted in the hamlet of Whitevale, defined in By-law 2677/88. These uses include antique stores, arts and crafts shops, book stores, business offices, clothing boutiques, custom workshops professional offices, bed and breakfast establishments and tea rooms, provided the use is operated from a detached dwelling or accessory building on the lot and is managed by one or more of the occupants of the home. A floor space limit of 25% of the total floor area on the lot is applied to all uses except the bed and breakfast establishment. The inclusion of these very restricted commercial operations implements the direction of the Official Plan noted above. We are not recommending any zoning change for the lands recently zoned S3-8, as that zone reflects recent development on the north side of Dunbarton Road. We are also 9 ATTACHMENT#`3 TO INFORMATION REPORTILLL� 2 not recommending any change to the zoning of Dunbarton United Church, as the current I (C) -DN seems to adequately reflect the use of the church building. Finally, we are not recommending a change to the R3 -DN zoning of 1089 Dunbarton Road, as it accurately reflects the home and daycare located there. 3.2 Performance Standards 3.2.1 South Side of Dunbarton Road The proposed new zone establishes basic performance standards that attempt to reflect the standards of the existing buildings on the south side of Dunbarton Road. Hence, front yard setbacks are 3.0 metres and side yards are permitted to be 0.6 metres, provided that the other side is 1.2 m. The remainder of the proposed provisions reflect the "S2" zoning found to the north. No additional parking requirements have been proposed, as it seems likely that the small amount of parking that might be generated by small scale home occupancy business can be accommodated either on the lots or on the streets. The imposition of additional required parking might discourage any new uses from occurring on the lands. The intention is to provide zoning standards that do not render these dwellings legally non -conforming. The by-law will propose a "non-compliance provision" that will deem all lot sizes and yard depths for existing structures to comply with the zoning by-law. The basic standards noted above would make most of the lots non -complying in lot area, frontage or yards. Given the significant variations in these elements on the ground, it is proposed to establish some basic provisions that would apply to redevelopment of the lots, along with a specific non-compliance provision that deems all of the buildings and lots to comply, as long as they continue to exist. 3.2.2 1062 Dunbarton Road The lot at 1062 Dunbarton Road, currently zoned "A" -Agriculture, is proposed to be zoned to S3-8, the zoning of the lands to the west. It is of approximately the same size as the properties to the west, and it exhibits development that is consistent with the pattern of development that exists on the north side of the street. The S3-8 zone would be appropriate if the City feels that there is sufficient opportunity for infill and intensification elsewhere in the City to meet provincial policy directions. The owner of this property has written a lengthy letter in which he says he has no intention of moving or redeveloping the property. It is therefore likely that no changes will occur in the near to medium term. In the long term, it may be that the lot becomes available for redevelopment. A rezoning would be necessary to further develop the lot at that time. No matter what zone is applied to 1062 Dunbarton Road, an analysis of the rear of the property needs to occur, to determine whether the "OS -HL -3" zone, found at the rear of 5. ATTAMMENTO 3 TO 30 INPORWTioNREPORT# 13 d8 the properties immediately to the west, should also apply to 1062. This investigation will occur during the formal processing of this City -initiated zoning by-law amendment. 3.3 Commercial Viability Despite including limited commercial uses in the proposed zone, we don't expect there to be any major changes in the residential nature of the old village. There is insufficient passing traffic to support all but the smallest retail uses. A few properties might lend themselves to professional or business offices of the type that many people now have in their homes. The intent of the limited permissions is to further the goal of the Official Plan for the former Dunbarton Village, and to reflect the intent of recent provincial policy regarding the creation of complete communities that contain a mix of uses. 3.4 Heritage Designation The scope of this study was limited to changes to the zoning by-law. We were not engaged to conduct a heritage assessment of the old village. Nonetheless, it is clear that there are significant heritage resources in the village, and we understand that the Pickering Heritage Committee intends to undertake such a study. Many members of the public who came out in February 2008 were not aware of the nature of heritage designations, nor of the limitations and opportunities they provide for an area. Indeed, many saw heritage designation only as a negative impact on their property values. We suggest that an education campaign on heritage be targeted to property owners in the City's former heritage villages, in order to better explain the advantages and restrictions of the various types of heritage designation. 91 ATTACHMENT# 3 TO INFORMATION REPORT# 13 _08 31 4. Conclusion It is appropriate to rezone the lands on the south side of Dunbarton Road to remove the "C2" zoning that currently applies there. The appropriate zone for these lands should be predominantly residential, with limited opportunities for small scale retail and office uses in the buildings. Performance standards should be modified to reflect the existing conditions and to minimize the opportunity for legal non -conforming status to occur. It is also appropriate to rezone the "A" zoned lands at 1062 Dunbarton Road on the north side to reflect the existing development through an extension of the "S3-8" zone to the west. Attachments: 1. Existing Zoning and Study Area boundaries 2. Residents' submission 3. Comments from February 26, 2008 Public Workshop 4. Draft amending zoning by-law Submitted by: MACAULAY SHIOMI HOWSON LTD. Per: Peter Cheatley, MCIP, RPP 7. I ATTACHMENT# 3 TO INFORMATION REPORT#13OS 32 Attachment #] PJ , c i{C;)-DN o z / iY LAW 2285/86 m DUNBARTONi � UN/TED CHURCH S3-8 ♦, 53-8 oP° BY>LAW 5342 D OG 2-X yG,p�ti S2 -X / Proposed Zoning Dunbarton Village I ATTACHMENT# 3 TO �� INFORMATION REPORT # 1,3 _U tS I .'2 Poo 0 Attacnment 42 ♦ �- /I C —DN ° Z �) BY-LAW 2285/86 < DUNBARTON 00 Q ok-k� UNITED O J ' A CHURCH D� S3-8 �pPp BY-LAW 5342/98 gP OJT C2 2 ti c'NR. t ovW 1C - LA R3 C2-2 BY-LAW 6535/05 Existing Zoning Dunbarton Village ATTACHMENT#3 TO 34 z INFORMATION REPORT# 13^0 Attachment 43 Dunbarton Village Land. Use & Zoning A historic view looking east beside the some shot from today. Note the sidewalk location & narrowness of the st Executive Summary This paper has been assembled by some of the residents of the Village of Dunbarton to assist the Planning Department of the City of Pickering in determining a suitable future for infill development among the several dozen properties that presently exist in this tiny community. The premise taken in this paper is that the remnants of this historic enclave exist presently in a purely residential environment and it is the belief that the majority of the residents and owners of the properties within Dunbarton desire that this use be protected. This paper further maintains that the present C2 zoning is obsolete and inappropriate given the various structural changes that have taken place within . the village over the past 50 years. The basis of this argument is supported Historically, Environmentally, from principles good Traffic Access, standards of Sound Planning and Design , and Socially. These are subjects that make up the subsequent segments of this paper. We are at a unique juncture in the history of the village in that there has been virtually no change in use of the existing properties for over. 40 years. Z ATTACHMENT# 3.2-0-7 INFORMATION RI--POKf 13 -G 35 History The Village of Dunbarton was initially occupied in the early 1800's and was established around the major land holding of the Dunbar family from whence the village drew its name. It existed as a minor commercial centre supporting a primarily rural farming community well into the 1950's and may have survived as a viable village until the destruction of the village by the incursion of the CN freight line which was completed in the early 1960's. Prior to this event, the village was very different. The Kings Highway # 2 now known as Kingston Road ran through the village and commercial property lined both the north and south sides. From Fairport Road through to Dunchurch existed numerous commercial establishments including a Butcher, a Grocer, a General Store, a Restaurant, a Radio and TV Repair, two Auto Repair and Gasolene Sales, a Police Station, a Lumber Yard, a Taxi Stand, a Post Office, a Doctors Surgery and a Real Estate office as well as a healthy mixture of residential properties including the Manse associated with the United Church. All of this changed with the intrusion of the railway and the relocation of the Kings highway to bypass the village. For the most part the Commercial enterprises were expropriated and their sites ended up beneath the tracks and even the two or three that survived were short lived and none survived on the north side of the CNR line beyond 1963. The land south of the rail line has developed appropriately in a commercial manner being still adjacent to the relocated highway. The land on the north side of the tracks developed in a different direction and despite the C2 zoning , only residential infil has taken place since that time. One could argue that the zoning . should have been corrected many years ago by the former Township or later the Town of Pickering. It is now time to correct this aberration and establish the Village as residential which is what it has evolved to in any event and what it should have been zoned since the incursion of the CN rail line. ATTACHMENT# 3 To Z INFORMATIONREFORT# -fig 3z_ -c;7..:: Environment, Tree and Watercourse Protection .., r •.� h 1 a R a r.� &? The Dunbarton Tree Protection Plan Although the land in question is very small, almost 50% of the land that is zoned C2 is part of the Dunbarton Creek watershed and falls under a special bylaw provision restricting the cutting of trees and was designed to protect the watershed area from unsuitable uses. ATTACHMENT# - To INFORMATION REPOKr# Planning and Design 32--,07 The Pickering Official Plan under City Policy, Dunbarton Neighbourhood Policies, Section 11.9 specifically states under subsection (a) that "in the established areas... including Dunbarton Road....encourage and ... require (that) new development be compatible with.the character of existing development" and under subsection (b) "encourage opportunities to rejuvenate the historic Village.... including small scale commercial enterprises on suitable sites , provided the historic character of the area and the interests of neighbouring residents are respected..." Pictures of the zero lot line issue Most of the residential buildings within. the old village are on a zero lot line with minimal front or side yard setbacks. In many cases, driveways, sidewalks and even. road allowances border these structures. The structures themselves are on foundations constructed in the mid 1800's and are typically of fieldstone mortared with lime. Although these structures have withstood the past hundred plus years of use, they were not designed to handle heavy truck or machinery Ioads . Permitting commercial uses requiring the use, movement and storage of heavy trucks, equipment and supplies within this precinct would be ill advised if not dangerous and are certainly NOT either compatible with existing development or respecting the interests of neighbouring residents. 37 z Planning and Design c�TT RENT# -3 To 3z 38 INFORMATION REPORT;—! 326 Many of the existing property owners have made substantial investments in residential improvements to their properties. Commercial uses incompatible with the historical residential evolution of this environment would be detrimental to their property values and to their right to enjoy the uiet undisturbed use of their homes. The City has supported the evolution of the existing land use toward a purely residential construct. This is evidenced by the new residential construction at the western limits of Dunbarton Rd as well as the redevelopment of the original Dunbar property into several executive homes in a style compatible with the historic nature of the village. The city has also periodically supported the uniqueness of the village setting by investments in suitable street scaping and improved lighting. To permit incompatible commercial uses would fly in the face . of not only the local residents wishes but also is contrary to the previous actions of the Town and the City in the past. City, investments on landscaping and old style street lamps are in context with historic village setting. 77 3z -C,-7 ATTACHMENT## 3 To Socially INFQRMATior4RL-PCK11) 6-tc9? It is appropriate that the City take steps to protect the residential nature of the Dunbarton Village and support the wishes of the majority of local residents to remove the existing C2 zoning and enact a local community bylaw to that effect for certainty going forward. The community is a small enclave and door to door polling has been taken in an ad- hock fashion that universally supports such an undertaking. The singular wishes of the one resident who is seeking leave to develop a commercial use (re notice of Public Hearing P/CA 68/06) is not supported and would be out of character with the development of the village since the early 1,960's. Even prior to that time, no commercial use ever existed on the property in question and had it been proposed, it would likely have been rejected. The situation of an existing C2 zoning is an aberration that should have been corrected long ago but should not be permitted to stand and confuse matters from this point forward. The applicant of P/CA 68/06 has not owned the site for any length of time and its value has not changed since its acquisition within the last 12 months. Its value at the time was due to a residential use, not having a. commercial value. Conclusion The City of Pickering needs to take steps in accordance with the Official Plan of the City of Pickering to protect the historic nature of the Village of Dunbarton. The present C2 zoning is inappropriate and is not in accordance with wishes of the community. The impetus for a suitable amendment is supported Historically, Environmentally and from the Principals of Good Design and Sound Planning. 39 40 ATTACHMENT#.,,.,-M ins+REF'OF2T# I -D'n_ 3h6kering Civic Comple �1 One The Enplaned .) g Pickering, on" y 3 Canada LIV 6K —I Direct Access 905.420.466 I R 1 V T011rTLV 1.11".683X6 cityo(pickering.con PLAuNNING 6s DEVELOPMENT DEPARTMENT Department 905.42U.4617 Attachment #4 Facsimile 905.420.7640 pLtnkde V3@dty.pick,mns.,m.m . . February 8, 2008 To Property Owner/Resident: Subject: Dunbarton Village Zoning Review Public Consultation Meeting The City of Pickering Is currently reviewing the zoning for the historical Village of Dunbarton in the City of Pickering. It is anticipated that a City initiated, rezoning application may be processed in the future to implement new zoning for the area that better reflects the existing . built form and the Official Plan policies.. The Official Plan Includes'a policy for the area that'. encourages opportunities to rejuvenate the historical Village pf Dumbarton. In order ,to initiate this project; the Planning & Development Department is: hosting a public consultation meeting'to receive input from ttie area. residents. 6n.1he zoni'ngigf the 'Dunbarton Village. You are therefore Invited t6attend the following meeting Date: February 26,, 2008 Time: 7:00 pm.'. Place: Dunbarton United Church, 1066 Dunbarton Road, .Pickering The subject lands are generally located north of Kingston R64d west of.Dixie Road and east'of.the Dunbarton Creek: The subject lands are located on Dunbarton Road.,'The lands'.are within the Dunbarton. Neighbourhood..'. Lands within' Dunbarton` Village currently have a variety of zoning (see Attachment#1).:The majority of.the properties were toned with the adoption of the original. Zoning By-law 3036 which was passed by Council and. approved by the Ontario Municipal.Board.in 1966. For further information, please contact me at 905:420.4660 extension 2034, or by email at rbym(8jclty:aickerina.Dn.ca.. Yours truly k6ss Pym..MCIP, RPP . Principal Planner- Development Review : `.RP:jf., .. wm, i.m++!.n,mmn.emwro .. Attachment (see reverse) , FEB -13-2008 14:43 305 420 7648 30: P.02 -17 ATTACH"ENT#3 To ,k'70RN rf MN RjEpogr; a zo 41 CITY OF PICKERING DUNBARTON VILLAGE ZONING REVIEW Public Workshop February 26, 2008 SIGN -1N SHEET NAME ADDRESS J/VNr3HC7a+.f•1.2PC+-� v� ti✓'�?r_,= �/�--,'-ti'�L.C4/pti C.::-'> Wil) /+ t N' c`� <'.. _�=�1,J5,4 �•2yJ f.1tIr1u, (r•tl :. •?1z��SjE2_- Q /� c.�:ti I; �C/-✓ 'si9�"/Zig '��1� r�lcl✓1>rZ�9' TF1r`bRL) rN h. '',�', Gr ' "°,�' .l-L:^� �i1�, ncti.n bca r-7Gr9 %�C� �-• l ��- / CrS'1 TTACHMENT#3 TO sP {tATrCEN REPORT# 13-0 CITY OF PICKERING DUNBARTON VILLAGE ZONING REVIEW Public Workshop February 26, 2008 SIGN -IN SHEET NAME ADDRESS 10 1. t44; -v 49P, -t,77 Rt. 1Iv o er, ! �t,:/Ps �y'r� n 6Gt r `fvr,^�i Gi v �G `I 4,L,A,tiwc Act g_j r_4�'' , A07v &4f -v /0,2y il�7LC_qrtii�/ lviY .�Cktr� `1�aJ1 L�✓.+ fS.(xZ—[oma —F=fl imPc-,rr L"WCCo C+„r. Cc -t Cln.n2 �� nk1 'l 11 '' 1l)S� n ar fv1�(A �-�� l14l Lr✓ fG ATTACHMENT# 3 TO INFORMATION R010RI # i 3_D 43 CITY OF PICKERING DUNBARTON VILLAGE ZONING REVIEVIIR E C E I V E D Public Workshop February 26, 2008 FEB 2 9 2008 CITY OF PICKERING COMMENT SHEET PLANNING B DEVELOPMENT DEPARTMENT The City welcomes any comments and suggestions you may have about the proposed Zoning by-law amendment. Please indicate your thoughts below and leave them with us or send to: Mr. Ross Pym, Principal Planner, Planning Department, City of Pickering, One The Esplanade, Pickering, Ontario l -1V 6K7. CJI � -P k J(s AD ; , 4 it /� li )-euu d, y n4, r+— (. v J" v ,. -I 4)R- L, \j I \�n (-\I �f"4yvVV/�'--A\' o g V n /1') u-\ C - Q . a.� e cow , e h cu-� 4TTACHMENT#3 iM? 44 CICAcLAAO- of�-Q0 L"-V w\ \\� (�-1mo4�,y f-C, A-C," S C\-A C11 �Dc, rh Karl 6_p,.C, L, Cj cpm,, o-4 d Esc, � nr\- W vvz L-eA !�OLVe �MSaD?iC�-Q %(�Vt�c� n-d 1" QA cute Co k�l rl C. j 4-e) IC_W c o S' eQA-U 10 ckj"-I,, , ATTACHMENT# 3 To Page I of I INFORYIATIONIif:P #, 13-05 Dave Yauk From: Pym, Ross Sent: Thursday, March 06, 2008 1:36 PM To: Peter Cheatley; yauk@mshplan.ca Subject: Dunbarton Village Zoning Review More comments on the Dunbarton Village Zoning Review. Thanks Ross From: kathybridges Sent: Thursday, March 06, 2008 1:00 PM To: Pym, Ross Subject: Dunbarton Village Zoning Review Dear Ross Pym, My wife and I have been in the Daycare business on Dunbarton Road since we purchased in 1984. We bought our house and Nursery School business from Jim and Clare Martyn and sometime later expanded to the church across the street. We feel that the zoning which was in place at the time of purchase should remain, as probably some of our neighbours do. However, the commercial zoning in the old village should be change to accommodate a somewhat lighter use ???? We feel that any hope of restoring the historical village of Dunbarton was lost when the old Blacksmith Shop was demolished to make way for the new houses by Gwillimbury construction, and shortly after that high voltage power lines where routed through the old village. Sincerely Dave and Kathy Bridges 1089 Dunbarton Rd. Pickering, ON L1V 1H1 This electronic message and all contents contain information from which may be privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, any disclosure, copy., distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by return email and destroy the original message and all copies. 3/6/2008 ATTACHMENT# 3 TO Pagel of 2 46 INFORMATIO14 RE OK(# 13 -o Dave Yeuk Fran: PYm,RosslrpYm®dtY,xkavg.crv] am: TMrWSY. March 01, 200811'02 AM To: Poor Cho" ysuk,lamshpdnv aubjseh FW DuMonon Wage G.M.M. revived on ea proposed zomkg rovlsw Thinks Ross Pym Principal Planner - Development Review Plam oq a Development Daperenent city al PRkerxg Direct Dial 805420.4680 ext. 20M Toll Froe', 1.866.683.27W Facslmils' 805.420.7818 anal: mYm®9typx1kenroon,, e wabaae: cityo4oloirm'.mm From: Dickerson, Dosq, Concilor Sent: Sunday, March 02, 200111:10 AM To: McLLen, IMI, Councilor; Bard Penny De: Mktsautl, Renee; Pym, Ross; Taylor, Lyrda; canal, WN Subjects RE: Dunbaten Village Hi Boyd. Thankywimy rwelllMugMou Willsamdcargems. leapeclslry wah to uy rhanke"la your vmmeMo roapedxg you own pmWM Yeusrooaraolothotyouprobeblyhavathe mom to love lolbvirg re,sonkg to Residential d yew personal property. That ie sled very genamw oyw to Area to mal on bMaN oyax vpfdours. And, speekinq persona ft I agree with your comments mpavling a'Tonsio dlaNc" Oeapnogn. It MOM also to useful 0 you wood pass your comments on to Rini rep Banti for Bah Was. Paeaul Regade, Dag. From: McLean, ON, COudli Sant: SM 3/1/2088 1217 FM To: Boyd Penm; Dxierson, Doxy 0bunddr i Mkhaud, Reale SubjecC RE: DinbmRm Village Thank you fa Your ..M. 1.11 forward this to Morning From: Boyd finny [maIW:b.penrjNNWmpetko.m] Sam: Sat 01/03/2008 11:07 AM To: Moron, Dag, CourdNa; Mclean, ON, Councilor Subject: DuManon Village Thank you for accepting my comments regarding the Mum zoning of Dumbarton Village. Our primary position and belief Is that the village Is a residential neighbourhood. And it should remain residential. The current hodge-podge zoning is an outdated legacy: the consequence of quickly changing times and other higher prioritles faced by the City. As owners of the property zoned for agriculture, it could be argued that we have the biggest amount to lose In a pure residential zoning.. However, we believe this Is the most appropriate zoning for the Village of Dumbarton, the abutting community and the City of Pickering. We believe our property should be designated residential and we have every Intention to continue living in our home for the next 30+ years (we hope). However we believe it is practical and prudent for the City to consider some alternative Ion density residential usage of the property currently zoned agricultural. The current generic'nesidentlal' zoning in Pickering allows for small home businesses. These businesses are generally unobtrusive, create limited traffic and parking concerns, and'H we are not mistaken must be Denied out by the owners) and occupants of the residence. We believe these regulations are reasonable and sufficient to satisfy entrepreneur aolivdy while maintaining a purely residential environment. R has been raised that the Village has a unique opportunity to create a special status and become a'destination' within Pickering, similar to that of the bosom of Liverpool. We do not believe this to be practical or realistic. While the Liverpool setting had space (acres) to develop and accommodate new businesses, parking, an existing restaurant, a marine, a well funded waterfront park and the lake to create a critical masa of interest, Dumbarton Village has none of this. Realistically there are only a-10 residences in a 2004DO mete span which could accommodate small business such as tea roam, antique store, or similar enterprise. There is no other area to expand. There are no other areas of interest. There is already limited perking. While Dumbarton Village is indeed unique, we do not viae this potential "opportunity" as realistic. We believe the generic residential zoning code as adequate and appropriate. By expanding the zoning to enable 'other" business (and in particular if not carried out by the owner and occupant of the residence), the City also potentially creates a future situation similar to what it faces today: an aggressive entrepreneur who blatantly and flagrantly Ignores the laws of the City and the wishes of his/her neighbours. Any rezoning by the City should be very specific and be scrutinized from the perspective of a selfish and self-serving lawbreaker to enable the City to take Immediate conecdve action to protect the interests of the residents of the Village and surrounding community. The Village is in the middle of a residential community. This is fact. The legacy zoning is almost irrelevant and an error or oversight of past reviews/studles. We believe R should be zoned purely residential. However, in no case should a commercial zoning be continued or considered. As evidenced by the actions and words of the owner of 1047 Dumbarton, the property was not acquired for residential purposes but for purposes of a landscaping business. He stated at the public workshop that the property was not worthy of on-going maintenance and not likely to be standing in 10 years. The limited commercial use has already negatively impacted the Individuals, the quality of life and the structures and infrasbucture of the Village. These issues are welt kno and documented by the City. We believe such commercial activity is the thin edge of the wedge and continued commercial zoning will resull in the eventual and quick deterioration of the Village as it is now known. The fact that a commercial enterprise (err planned venture) is owned or managed by a resident and/err owner of a home in the Village is irrelevant. The nature of the business activity and not ownership is the aux of the issue. The Village is unique and should be maintained as a reflection of the past. However, having said that, we would not De in favour of a'hemage district' designation. We are concerned that such a designation could be constrictive and remove many rights and privileges that ordinarily come with home 3/6/2008 ATTACHMENT#'3 �3-a Page 2 of 2 INFORMATION REPCI`I' # 47 ownership. I ask that you please lotward this to the Planning Department, Again, I would like to drank you for soliciting our input and giving consideration to our wishes. Boyd and Nancy Penny 1062 Dunbarton Rd ..................................................................c......................................................................... This electronic message and all contents contain information fram which may be privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient or the person responsible for delivering the a -mail to the intended recipient, any disclosure, copy, distribution or use of the contents of this message is prohibited. If you have received this electronic message m ertor, please notify the sender immediately by minim email and destroy the original message and all copies. ....... I... e.. a..................... • n..... s......................................................................... n...... •............. 3/6/2008 ATTACHMENT# 3 TO 48 �2 � ti'rr2RmAnON REPORT#.� / F� 6 '2 Mr. Cheatley: Thank you for the presentation yesterday at Dunbarton Church regarding the above subject matter. After reviewing the plans and listening to the other people in attendance my husband have discussed the matter privately and we would like to express our concern over Zone A. We live on Rambleber y Avenue and if/when Zone A would ever be reviewed it would definitely affect us and the value of our home. There wasn't too much discussion regarding Zone A except for the ideas of an executive retreat, or a small hotel for the stars etc. We want to express our total disagreement to these ideas. My husband and I are of the same opinion that we would have no issues if this area was rezoned from Agricultural to Single home dwelling (residential) however with the proviso that the houses would need to be built with the same structure and format of the houses to the North. We object to townhomes or apartments or even smaller size homes. This would devalue our property. We've worked very hard in maintaining our home through upgrades, as I know most of our neighbours have done, and would appreciate Zone A to be mirrored to the homes to the North. Insofar as the Rezoning C2 and R3; we have no objections about having small discreet businesses operating out of people's homes (no disruption to the neighbourhood would be prudent and no businesses that will create and/or escalate crime — e.g. — pubs, convenience store, pool hall etc.) . Having small businesses such as for an accountant or lawyer etc. would be fine with us. Good luck in your endeavour and wish you luck and look forward to the next meeting in April. Kind regards, Colomba Vani John Lynn 417ACHMENT111-3 TO CITY OF PICKERING DUNBARTON VILLAGE ZONING REVIEW Public Workshop February 26, 2008 COMMENT SHEET The City welcomes any comments and suggestions you may have about the proposed Zoning by-law amendment. Please indicate your thoughts below and leave them with us or send to: Mr. Ross Pym, Principal Planner, Planning Department, City of Pickering, One The Esplanade, Pickering, Ontario L1V 6K7. Cl. /V�" cic 1`P7 1JTACHMENT#a_" 3R =rnhA I(TN rpo7 # 13 -01ti 50 CITY OF PICKERING DUNBARTON VILLAGE ZONING REVIEW Public Workshop February 26, 2008 COMMENTSHEET The City welcomes any comments and suggestions you may have about the proposed Zoning by-law amendment. Please indicate your thoughts below and leave them with us or send to: Mr. Ross Pym, Principal Planner, Planning Department, City of Pickering, One The Esplanade, Pickering, Ontario L1V 61(7. ATTACHMENT# `3 70 X3_©0 -wnrMATION REPOF tl # 51 CITY OF PICKERING DUNBARTON VILLAGE ZONING REVIEW Public Workshop February 26, 2008 COMMENT SHEET The City welcomes any comments and suggestions you may have about the proposed Zoning by-law amendment. Please indicate your thoughts below and leave them with us or send to: Mr. Ross Pym, Principal Planner, Planning Department, City of Pickering, One The Esplanade, Pickering, Ontario L1V 6K7. Ae10A'-c-V' ATTACHMENT# 3 To 52 INFORMATION MPf>1 i—EL March 20, 2008 Thank you for the opportunity to address the issues of zoning and theming along Dunbarton Road. Several officials of our church attended, and we would like to make the following submissions. The church is particularly concerned to ensure that zoning will allow us to expand our facility in the future. It may be that we will want to redevelop the older structure on the south end of the property, creating office space for lease or rent to other non-profit or charitable organizations. We would be happy to be able to cooperate in keeping the village theme by perhaps maintaining the fagade of the older sanctuary facing south. Assuming that the interior would be expanded east, occupying more property, we would also be interested in keeping appropriate facades there, as well. In addition, we would like to have the freedom to develop a private/public financed community centre for the area, also occupying more of the east lawn. Whatever the architectural style, this could be of interest to the city as well as the neighbourhood. We look forward to discussing these and other ideas at the next meetings. Glenn R. Brown Pastor ATTACHMENT#,5--TO INFORMATION REPORil, 13-09 53 From: Harold & Phyllis Quinton [mailto:hpquinton@sympatico.ca] Sent: Monday, March 24, 2008 11:47 AM To: Pym, Ross Cc: Dickerson, Doug, Councillor; McLean, Bill, Councillor Subject: Dunbarton Village Zoning, Public Workshop of Feb 26, 2008 1024 Rambleberry Ave Pickering, Ont UV 5X6 March 24, 2008 Ross Pym Planning Department City of Pickering One Esplanade Pickering, Ontario L1V 6K7 Dear Mr, Pym Thank you for the City's efforts to address the zoning irregularities within the community of Dunbarton and for organizing the workshop held on February 26, 2008. 1 should apologize for the tardiness of my response to your request for feedback following the meeting. I have been out of the Province since the weekend following the meeting and only just returned. I am not presently a resident on Dunbarton Road, however, I am a long time resident of the Dunbarton Community. I was bom in Dunbarton in 1951 and have lived here most of my life. I was also a previous President of the now defunct Dunbarton Ratepayers Association and participated in the development of the segments of the Official Plan that pertain to the history of the village. I now live immediately adjacent to Dunbarton Road and wish to see it maintained in the manner to which it has evolved. That is to say, it should be restricted to residential uses only. I have lived in Dunbarton when it was able to thrive as a small commercial centre. This was irrevocably altered when the rail line bisected the village and destroyed most of the commercial properties in the 60's. This also caused the relocation of Kingston Road to bypass Dunbarton and run immediately south of the remaining village. The present hodge podge of C2, Residential and Agricultural Zoning is a left over from these days. When the Official Plan failed to deal with this enigma in the late 70's, I think it was because there was still a glimmer of hope that some of the quaintness of a small village could return. It has taken me 45 years to realize that it just isn't going to happen. In fact, the miss match of zoning has left in its wake a degree of uncertainty and has led to some inappropriate property uses which contravene both the Official Plan intentions and the communities wishes. Zoning exists to delineate conflicting objectives between land uses and to afford the property owners some certainty as to their rights and obligations. In its present state of mixed zoning, Dunbarton sits in a state of uncertainty. Luckily, over the past 50 years, there has been no conflict because the community has evolved as a residential neighbourhood. Now that there is some ATTACHMENT#3 To INFQRMATICN FOPOY+i # (3 -D 54 desire by one resident to make use of one property in a manner that is not compatible with this residential use, it is time to correct the uncertainty. There is really only one direction that land use in this small enclave can take. Agricultural zoning is no longer appropriate because all of the surrounding property has become single family residential. Commercial zoning is not supportable as has been proven by the fact that no commercial enterprise has established itself in the community for over 50 years. This is because the road, parking and other infrastructure necessary for such zoning does not exist. The only solution that is viable is that the entire village can only reasonably support Residential zoning. By aligning the Dunbarton Village under Residential Zoning, I believe there are numerous benefits that will accrue to the community. Uncertainty will be removed and allow property owners to invest in their properties in a suitable manner. Existing residential investments will be protected. Parking and commercial vehicle intrusions can be addressed which will create a safer and more environmentally pleasing environment for residents. To the City of Pickering's credit, staff will no longer be plagued with conflicting objectives between residential and commercial interests and zoning bylaw enforcement will have clear direction. I look forward to hearing the final recommendations Harold Quinton ATTACHMENT#—,LTO INF0RMAT10%REmR-r# 13-O 55 From: Erwin Hoerdt[mailto:erwin.hoerdt@sympattco.cal Sent: Monday, March 24, 2008 9:25 AM To: Pym, Ross; Dickerson, Doug, Councillor Cc: McLean, Bill, Councillor Subject: Fw: Zoning Review To whom it may concern; Sorry for the delay in responding to the zoning review. The day after the Town Meeting, as per previous arrangements, we were out of the country, until recently. Trust we are not too late in voicing our opinions. Mr. Ross Pym, Principal Planner, Planning Department, City of Pickering, One Esplanade, Pickering, ON L1 V 6K7 Cc Doug Dickerson, cc Bill McLean Re: Public Workshop, February 26, 2008, City of Pickering/ Dumbarton Village Zoning Review. Dear Mr. Pym, We appreciate the efforts of The City to take steps, in accordance with the Official Plan of The City of Pickering, to protect the historic nature of the Village of Dunbarton. For the record, we support residential zoning, throughout the Village, with the usual allowance for 25% business use. Although, it is an appealing concept to visualize our Village dotted with cute teashops, charming little stores, and "the like", we feel it is unrealistic to imagine these enterprises surviving. When Kingston Road traveled by the door many such shops thrived; C2 zoning made sense, and even (possibly) added value. Today is a different time, the Village uses are residential in nature, and have been for over 40 years. In order for us (as owners) to safeguard our property values and (as residents) our rights to the quiet use and enjoyment of our properties, we feel, residential zoning is the only choice. With residential zoning we can have some protection from owners who have no respect for the historic nature of the Village, or the wishes of their neighbours. ATTACHMI f# 3 To D 56 ({�FMMATIC9 F'�-FURT#i3_S In 2000 (with the appropriate permits) we made extensive restorations and improvements to our property, at 1043 Dunbarton Rd. We over -looked (on the East side) a lovely country garden. We would not have invested so dearly had we known that a few years later a landscaping and construction yard would replace the garden. Since 1950 (of family ownership) of this property, we have never experienced a situation like this. In closing, we also believed that in an environmentally sensitive area (such as ours) the total removal of trees and landscaping, and substantial changes to grading would have restrictions. With this in mind, as well as seeking protection, for the future (by way of residential zoning) we also ask The City that the unsightly and inappropriate changes to the yard at 1047 Dunbarton Rd (in place today) be halted and reversed. Thank you for your time, and for consideration of our wishes. Sincerely, Gwendolyn Broadmore (nee Quinton) Erwin Hoerdt Owners 1043 Dunbarton Rd., Pickering (905)475-8682 ATTACHMENT#3-7r® 6_08 INFOR%ATIC'N REFF I # 57 Attachment #5 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER /08 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering Planning Area, Region of Durham in the former Dunbarton Village. WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to regularize the zoning of the former Dunbarton Village; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULEI Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 25, Concession 1, Pickering designated "S2 -x" and "S3-8". 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. ATrACHMENTO3 M 58 "OPORNMATION FE -PORT# l3- 9 5. Use the definitions in bylaw Whitevale By-law 2677/88, plus: Domestic Business — Type A shall mean an antique store, an arts and crafts shop, a book store, a business office, a clothing boutique, a custom workshop, a professional office, a tea room or a specialty home furnishing shop, which is: (a) operated from a detached dwelling on the lot, or a building or structure accessory to the detached dwelling on the lot; (b) managed, directed or conducted by one or more of the occupants of the detached dwelling on the lot; and (c) occupies no more than 25% of the total gross floor area of the detached dwelling and any accessory building or structure on the lot. Bed and breakfast establishment shall mean a home occupation within a single detached dwelling wherein not more than two rooms are rented and meals are served to overnight guests, which is: (a) operated from a detached dwelling on the lot, or a building or structure accessory to the detached dwelling on the lot; and (b) managed, directed or conducted by one or more of the occupants of the detached dwelling on the lot. (a) Uses Permitted ("S2 -x" Zone) No person shall, within the lands designated "S2 -x" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) detached dwelling residential use ATTACHMENT# -2 TO IMPORVATIM M, PW 59 (ii) home business as set out in Section 6.3 of By-law 3036 (iii) Domestic Business — Type A (iv) Bed and breakfast establishment (b) Zone Requirements ("S2 -x" Zone) No person shall, within the lands the lands designated "S2 -x" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 350 m2 (ii) LOT FRONTAGE (minimum): 12.0 in (iii) FRONT YARD DEPTH (minimum): 3.0 in (iv) INTERIOR SIDE YARD WIDTH (minimum): 1.2 in, on one side, and 0.6 in on the other side. (v) REAR YARD DEPTH (minimum): 7.5 m (vi) LOT COVERAGE (maximum): for all buildings and structures on a lot 38% (vii) BUILDING HEIGHT (maximum): 9.0 in (viii) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot (ix) PARKING REQUIREMENTS: minimum one parking space per lot, which shall be located within the rear yard or side yard ATTACHMENT# 3 TO INFORMATION R FORT# i3 -O0 60 (x) SPECIAL REGULATIONS: all accessory buildings which are not part of the main dwelling shall be erected not less than 1.0 in from any lot line, save and except that a private detached garage may be located not less than 0.6 metres from any side lot line. (xi) Notwithstanding the provisions of this by-law, any lot in the S2 -x zone, which existed on the date of passing of this by-law, and has insufficient lot area, parking, lot frontage, front, rear or side yards, or exceeds the permitted lot coverage or building height, shall be deemed to comply with this by-law. Nothing in this by- law shall prevent the erection of an addition to any such dwelling, provided the addition conforms to the provisions of this by-law. 6. PROVISIONS ("S3-8" Zone) Lands known as 1062 Dunbarton Road shall be zoned "S3-8" as shown on Schedule 1 hereto and be subject to all of the provisions of that zone, as set out in By-law 3036, as amended. 7. BY-LAW 3036 I By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. standard clause 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. si-MACH'MF1"T# zLTO BY-LAW read a first, second and third time and finally passed this _ day of , 2008. Mayor Clerk 61 62 ATTACHMENT #-3 TO 3_D o INFORMATIONfvci=t�'i r'# SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2008 MAYOR CLERK ATTACHMENT #_Z.70 '"'r)RUATION REPORT# 2:12 Pym, Ross From: Boyd Penny 63 Sent: Thursday, June 12, 2008 4:17 PM To: Pym, Ross Subject: Zoning application A 12/08 Below is a copy of a submission I made to the City a few months ago, when the "community" was providing input to the consultant. I am providing this written submission again to ensure that I meet the "Planning Act Requirements". In addition, I want to repeat an issue that I raised with you via email on May 15, 2008. In reading the proposed by-law I take exception to definition of Type A to include "custom workshop". I believe it is too vague and could easily become a "loophole". Even though there are other restrictions (e.g. managed by "occupant", occupies no more than 25%) almost anything could be a custom workshop. Anything being noisy, dirty, messy, polluting, odd hours, excessive traffic, a workshop requiring industrial equipment, raw materials including stacks of wood, etc. All of which could be "legal". Isn't there a better alternative? "Custom" is "made to order", unique, special, etc and hence I am very concerned that "custom" workshop could be abused. Dunbarton Village Thank you for accepting my comments regarding the future zoning of Dunbarton Village. Our primary position and belief is that the village is a residential neighbourhood. And it should remain residential. The current hodge-podge zoning is an outdated legacy: the consequence of quickly changing times and other higher priorities faced by the City. As owners of the property zoned for agriculture, it could be argued that we have the biggest amount to lose in a pure residential zoning. However, we believe this is the most appropriate zoning for the Village of Dunbarton, the abutting community and the City of Pickering. We believe our property should be designated residential and we have every intention to continue living in our home for the next 30+ years (we hope). However we believe it is practical and prudent for the City to consider some alternative low density residential usage of the property currently zoned agricultural. The current generic "residential" zoning in Pickering allows for small home businesses. These businesses are generally unobtrusive, create limited traffic and parking concerns, and if we are not mistaken must be carried out by the owner(s) of the. residence. We believe these are reasonable and sufficient to satisfy entrepreneur activity while maintaining a purely residential environment. It has been raised that the Village has a unique opportunity to create a M special status and become a "destination" within Pickering, similar to that of the bottom of Liverpool. We do not believe this to be practical or realistic. While the Liverpool setting had space (acres) to develop and accommodate new businesses, parking, an existing restaurant, a marine, a waterfront park and the lake to create a critical mass of interest, Dunbarton Village has none of this. Realistically there are only.8-10 residences in a 200-400 mete span which could accommodate small business such as tearoom, antique store, or similar enterprise. There is no other area to expand.. There are no other areas of interest. There is already limited parking. While Dun barton Village is indeed unique, we do not view. this potential"opportunity" as realistic. We believe the generic residential zoning code as adequate and appropriate. By expanding the zoning to enable "other" business (and in particular if not carried out by the owner and occupant of the residence), the City also potentially creates a future situation similar to what itfaces.today: an aggressive entrepreneur who blatantly and flagrantly ignores the laws of the City and the wishes of his/her neighbours. Any rezoning by the City should be very specific and be scrutinized from the perspective of a selfish and self-serving lawbreaker to enable the City to take immediate corrective action to protect the interests of the residents of the Village and surrounding community. The Village is in the middle of a residential community. This is fact. The legacy zoning is almost irrelevant and an error or oversight of past reviews/studies. We believe it should be zoned purely residential. However, in no case should a commercial zoning be continued or considered. As evidenced by the actions and words of the owner of 1047 Dunbarton, the property was not acquired for residential purposes but for purposes of a landscaping business. He stated at the public workshop that the property was not worthy of on-going maintenance and not likely to be standing in 10 years. The limited commercial use has already negativelyinipacted the individuals, the quality of life and the structures and infrastructure of the Village. These issues are.well known and documented by the City. We believe such commercial activity is the thin edge of the wedge and continued commercial zoning will result in the eventual and quick deterioration of the Village as it is now known. The fact that a commercial enterprise (or planned venture) is owned or managed by a resident and/or owner of a home in the Village is irrelevant. The business activity and not ownership is the crux of the issue. The Village is unique and should be maintained as a reflection of the past. However, having said that, we would not be in favour of a."heritage district"designation. We are concerned that such a designation could be constrictive and remove many rights and privileges that ordinarily come with home ownership. Again, I would like to thank you for soliciting our input and giving consideration to our wishes.