HomeMy WebLinkAboutPD 40-06
CitJ¡ o~
REPORT TO
EXECUTIVE COMMITTEE
131
Report Number: PD 40-06
Date: June 26,2006
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 2/06
Pickering Harbour Company
1213 & 1224 Sandbar Road
(Lots 219-224, Lots 283-288 and Part of Lots 218, 289, Plan 299)
City of Pickering
Recommendation:
1. That Zoning By-law Amendment Application A 2/06 be APPROVED, as set out in
the draft by-law attached as Appendix I to Report PD 40-06, to amend the
existing zoning on the subject property to an "OS-PR" Open Space Passive
Recreation Zone, to permit a wind turbine and passive recreation uses, on lands
being Lots 219-224, Lots 283-288 and Part of Lots 218 and 289, Plan 299, City
of Pickering.
2. That the amending zoning by-law to implement Zoning By-law Amendment
Application A 2/06, as set out in Appendix I to Report PD 40-06, be
FORWARDED to City Council for enactment.
3. That Council ENDORSE the initiation and coordination by staff of a future zoning
by-law amendment application, in conjunction with the Toronto and Region
Conservation Authority (TRCA) and the Pickering Harbour Company, to rezone
the remaining lands of the East Spit between the subject property and Liverpool
Road (Parts 8 to 16, 40R2022, Parts 1, 2 and 3, RP 40R6366) to an appropriate
open space category to implement the Open Space Systems - Natural Areas of
the City of Pickering's Official Plan.
Executive Summary: The applicant requests a zoning by-law amendment for the
establishment of an Open Space Zone to permit a wind turbine and other recreation
uses for the property located at the terminus of the East Spit of Frenchman's Bay
(see Attachment #1 - Location Map). The lands are currently vacant.
The applicant proposes to construct a privately owned and operated wind turbine on
these lands to provide power for its marina operation located on the east shore of
Frenchman's Bay (see Attachment #2, Applicant's Submitted Plan). The wind turbine
represents a form of sustainable development that implements the Pickering Official
Plan and is consistent with the Liverpool Waterfront Node Development Guidelines.
J ~ ';Report PD 40-06
Subject: Pickering Harbour Company (A 2/06)
Date: June 26, 2006
Page 2
Staff support the wind turbine use however the extent and intensity of recreational uses
requested by the applicant does not maintain the intent of the Official Plan.
Development of the site should be restricted to passive recreation uses as set out in the
proposed amending by-law (see Appendix I).
It is recommended that this application be approved for a wind turbine and passive
recreational uses, and that the draft by-law be enacted by City Council.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
Background:
1.0 Comments Received
1.1 At the April 20, 2006 Public Information Meeting
(see text of Information Report and Meeting Minutes, Attachments #3 and #4)
· Ian McCullough of Marshall Homes, authorized agent; attended to explain
the proposal as outlined in the Information Report 06-06 and also stated
that the owner would construct a wind turbine that would be visually
compatible with the Waterfront;
· Sylvain Trepanier, area resident at 1218 Monica Cook Place, raised the
following issues with the application:
- clarification regarding fragmented ownership of the properties, including
road allowances along the East Spit;
- the impact the proposed wind turbine would have on the view from
Frenchman's Bay;
- clarification on the definition of 'passive recreation uses';
· Maurice Brenner, Regional Councillor, Chairman, suggested that the
applicant provide a follow-up to this meeting with the Waterfront
Coordinating Committee to address the issues raised by Mr. Trepanier;
1.2 Following the Information Meeting
· The applicant was invited to attend the May 25th, 2006 meeting of the
Waterfront Coordinating Committee to provide further details on the
application;
· The applicant's proposal was well received by the Waterfront Coordinating
Committee;
· Planning & Development staff have been advised orally by the TRCA that,
although agreements are in place between the Pickering Harbour
Company and the TRCA to rationalize the ownership of the adjacent
properties and the road allowance along the East Spit, these transactions
have not been finalized;
· Finalization of the above-noted agreements is expected in the near future,
subject to the fulfillment of conditions;
Report PD 40-06
Date: June 26, 2006
138
Subject: Pickering Harbour Company (A 2/06)
Page 3
1.3 City Department and Agency Comments
Region of Durham
Planning Department
no objection as the development of windmills is
permitted within all land use designations
provided that the requirements of the
Environmental Assessment Act are adhered to;
- the proposal promotes alternative forms of
energy and exhibits a mix of uses, as is intended
along Waterfronts (see Attachment #5);
Toronto and Region
Conservation Authority
- the applicant has submitted the required Permit
Application to the TRCA and a permit must be
obtained prior to any development occurring
within the subject property;
recommends that, once the wind turbine is
constructed, a monitoring study be undertaken to
investigate the frequency of bird and bat mortality
in the area (see Attachment #6).
2.0 Discussion
2.1 Proposal
The applicant proposes the establishment of a wind turbine at the gateway to
Frenchman's Bay at the terminus of the East Spit, for the purpose of providing
power to the adjacent marina operation. The proposed height of the wind turbine
to its hub and the length of the blades would be 50 metres and 13.4 metres,
respectively, for an actual height of 63.4 metres above established grade.
The applicant requests that the current "R-4" Residential zoning be changed to
an "OS-PR" - Open Space Passive Recreation Zone to allow passive recreation
uses and a wind turbine on the subject lands. Wind turbines convert and store
the kinetic energy from the wind into electrical or mechanical power. Passive
recreation generally encompasses the less intensive range of outdoor activities
that are compatible with preserving natural resource functions such as wildlife
habitat, wildlife observation, floodplain protection, as well as walking or biking.
The owner further intends to utilize the property to host temporary events such as
regattas in association with the adjacent marina operation, weddings, and
associated photography.
.~ ~i ~eport PD 40-06
Date: June 26, 2006
Subject: Pickering Harbour Company (A 2/06)
Page 4
2.2 Compatibility of Uses
2.2.1 The proposed wind turbine use complies with the Pickerinq Official Plan
desiqnation, is an appropriate and compatible use within the Bav Ridqes
Neiqhbourhood. and is consistent with the Liverpool Road Waterfront Node
Guidelines
The subject property is designated Open Space Systems - Natural Areas within
the Bay Ridges Neighbourhood. This designation permits conservation,
environmental protection, recreation and ancillary uses.
The Bay Ridges Neighbourhood policies encourage City Council to promote the
Waterfront Node as a boating, tourism and recreational area. This proposal is
consistent with the policy.
The applicant's proposal is consistent with the "Great Lakes Nautical Village"
theme outlined in the Liverpool Road Waterfront Node Development Guidelines
as it introduces a mix of compatible uses on the lands. The proposed uses
would provide land-based recreation and tourism opportunities in accordance
with the Liverpool Road Waterfront Node Development Guidelines.
The views from the neighbourhood toward Frenchman's Bay and Lake Ontario
would not be adversely impacted by this proposal (see Attachment #7 - Aerial
View at the East Spit of Frenchman's Bay).
2.2.2 While passive recreational uses are supported for the lands, the more intensive
uses proposed are not supported
The applicant requests that the implementing zoning by-law permit passive uses
related to and supportive of preservation of the natural environment, such as
wildlife observation, floodplain protection, walking and biking. However, they also
request that the by-law allow more active uses such as regattas in association
with the adjacent marina operation, and weddings and other special events
including ancillary photography.
While staff support the introduction of strictly passive uses and photography
associated with weddings, we have concern over active uses such as weddings,
wedding receptions, regattas, and other large social gatherings. These uses
require the nearby provision of vehicle parking and services such as washrooms
which are not available to serve this location and will put undue pressure on
existing public facilities.
The Open Space - Natural Areas designation of the land is intended to ensure
primary uses that promote conservation and environmental protection. Uses
other than those associated with passive recreation are not appropriate for these
lands.
Report PD 40-06
Date: June 26, 2006
Subject: Pickering Harbour Company (A 2/06)
Page 5
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2.3 Zoning By-law Performance Standards
2.3.1 The proposed by-law permits Open Space Passive Recreation uses and a Wind
Turbine on the subject lands
The proposed by-law would permit one wind turbine and passive recreation uses
such as biking, walking, hiking, and photography. A gazebo related to passive
recreational uses would also be permitted on the subject lands (maximum
40 square metres floor area).
It is recommended that the following uses be permitted on the subject lands:
. passive recreation (no major buildings or structures permitted)
. wind turbine (private)
2.3.2 The proposed by-law will requlate the maximum heiqht of the wind turbine
It is recommended that the wind turbine tower be limited to a maximum height of
50 metres, being measured to the peak of its hub, and a maximum overall height
of 65 metres, being measured to the top of the blades at their full vertical
extension.
For reference purposes, the existing Ontario Power Generation wind turbine
located next to the City's Nuclear Power Station provides an overall height of
117 metres, when measured to the top of the blades at their full extension
(see Attachment #8 - Illustration Comparing Proposed Wind Turbine and Existing
OPG Wind Turbine).
2.3.3 The proposed by-law will recoqnize current dredqinq practices
It is recommended that the proposed by-law include a clause that would allow
current dredging activities related to Frenchman's Bay to continue.
2.4 Site Plan Approval is required prior to construction of the proposed Wind
Turbine
2.4.1 The City's requirements with respect to the sitinq of the wind turbine will be
addressed throuqh the site plan review process. Amonqst other matters. the
owner will be required to address:
· the design of fencing to be provided around the proposed wind turbine tower
that ensures anti-climbing protection;
. lighting, signage;
· details regarding the power connection to the adjacent marina operation;
· an agreement between the owner and the City which ensures that a
post construction monitoring study is submitted to the satisfaction of the
Toronto and Region Conservation Authority to investigate impacts of the
proposed wind turbine on wildlife;
1. 3)Report PD 40-06
Subject: Pickering Harbour Company (A 2/06)
Date: June 26, 2006
Page 6
· appropriate siting of the wind turbine tower which doesn't preclude the
potential for the future construction of a connecting bridge across the East
Spit and West Spit of Frenchman's Bay;
· the applicant shall provide confirmation from the Ministry of Environment that the
proposed wind turbine is not subject to Environmental Assessment Act
requirements (it is our understanding that the wind turbines generating less than
two megawatts of electricity output are not subject to the Electrical Projects
Regulation under the Environmental Assessment Act, and do not require an
Individual Environmental Assessment);
· the applicant will be required to provide confirmation of any restrictive
covenants regarding access over TRCA and City of Pickering owned portions
of the Right-Of-Way (Sandbar Road) between the subject lands to Liverpool
Road and over Liverpool Road;
3.0 Applicant's Comments
The applicant has been made aware of the content of this report, has reviewed
the draft zoning by-law, and is concerned that the proposed by-law is too
restrictive and will not permit for uses associated with certain social events. The
applicant requests that opportunity be provided for weddings, wedding
receptions, and larger social gatherings, rather than be restricted to wedding
photography and small group gatherings.
APPENDIX:
Appendix I: Draft Implementing By-law
Attachments:
1 . Location Map
2. Applicant's Submitted Site Plan
3. Text of Information Report
4. Minutes from Statutory Public Meeting
5. Comments from the Durham Region Planning Department
6. Comments from the Toronto and Region Conservation Authority
7. Aerial View at the East Spit of Frenchman's Bay
8. Illustration Comparing Proposed Wind Turbine and Existing OPG Wind Turbine
Report PD 40-06
Date: June 26,2006
140
Subject: Pickering Harbour Company (A 2/06)
Page 7
Prepared By:
Approved / Endorsed By:
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Rick Cefaratti
Planner II
Neil Carroll,
Director, Planm
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Lynda aylor, MCIP, 8
Manager, Developm nt Review
RC:ld
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City ouncil "
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F PICKERING
BY-LAW NO.
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as
amended, to implement the Official Plan of the City of Pickering, Region of
Durham on Lots 219-224, Lots 283-288 and Part of Lots 218, 289,
Plan 299, City of Pickering. (A 2/06)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit the establishment of passive open space uses on the subject lands, being
Lots 219-224, Lots 283-288 and Part of Lots 218, 289, Plan 299, City of Pickering.
AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE I
Schedule I to By-law 2511, attached hereto with notations and references shown
thereon are hereby declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Lots 219-224,
Lots 283-288 and Part of Lots 218 and 289, Plan 299, City of Pickering,
designated "OS-PR" on Schedule I attached hereto.
3. GENERAL PROVISIONS
No structure, land or part thereof shall hereafter be used, occupied, erected, moved,
or structurally altered except in conformity with the provisions of this By-law.
4. DEFINITIONS
In this By-law,
(1) "Dredqinq" shall mean the use of equipment and 1 or machinery to remove
sediment from the bottom of waterways, wetlands and other bodies of
water and 1 or to deepen or widen a harbour;
(2) "Passive Recreation" shall mean outdoor activities compatible with
preserving natural resource functions such as wildlife habitat, wildlife
observation, floodplain protection, biking, hiking, walking, and photography,
and shall not include any buildings or structures;
; ,1 ",
. .~ - 2 -
~~f1eiqht - Wind Turbine" shall mean the height of a wind turbine, being
Or' measured from the established grade to the top of the blades at their full
vertical extension;
(4) "Wind Turbine" shall mean a structure or a system of components used to
convert the kinetic energy of the wind into electrical or mechanical power
that comprises all the necessary devices for energy storage, power
conditioning, control systems, transmission systems and structural support
systems, to provide electrical or mechanical power for private
consumption;
5. PROVISIONS
(1) Uses Permitted ("OS-PR" Zone)
No person shall within the lands designated "OS-PR" on Schedule I
attached hereto, use any lot or erect, alter, or use any structure for any
purpose except the following:
(a) passive recreation
(b) wind turbine
(2) Zone Requirements ("OS-PR" Zone)
No person shall within the lands designated "OS-PR" on Schedule I
attached hereto, use any lot or erect, alter, or use any structure for any
purpose except in accordance with the following provisions:
(a) WIND TURBINE:
(i) maximum one wind turbine
(ii) maximum height of 65 metres;
(b) SPECIAL REGULATIONS:
(i) Despite Section 5. (1), dredging activities related to the
maintenance of Frenchman's Bay shall be permitted;
(ii) Despite Section 4. (2) and 5. (1 )(a), one freestanding,
unenclosed gazebo, in support of the passive recreational
use of the lands, shall be permitted having a maximum floor
area of 40 square metres;
6. BY-LAW 2511
By-law 2511 is hereby 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. The relevant provisions of By-law 2511, as amended, shall govern
definitions and subject matters not specifically dealt with in this By-law.
- 3 -
14·-'
7. EFFECTIVE DATE
This By-law shall come into force in accordance with the provisions of the
Planning Act.
BY-LAW read a first, second, and third time and finally passed this _ day of
2006.
David Ryan, M~~
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Debi A. Bentley, City Clerk
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION LOTS 219·224,283·288, PARTS LOTS 218, 218, PLAN 299 l'
OWNER PICKERING HARBOUR COMPANY DATE JUNE 13, 2006 DRAWN BY JB
FILE No. A 02/06 SCALE 1 :5000 CHECKED BY RC
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200S MÞAC and Ita auppllen. All riaht. R...rved. Not a plan of SUN.V.
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INFORMATION COMPILED FROM APPLICANT'S
SUBMITTED PLAN
A 02/06 - PICKERING HARBOUR COMPANY
TO RE-ZONE THE SUBJECT
LANDS F" .ROM A "R4"
RESIDENìlAL ZONE TO AN
OPEN SPACE ZONE TO ALLOW
A WINDMILL AND PASSIVE
RECREATIONAL USES.
FRENCHMAN'S
BAY
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PROPOSED WINDMILL
LOCATION
SURROUNDED
BY A FENCE
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN, APRIL 5, 2006.
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148
INFORMATION REPORT NO. 06-06
FOR PUBLIC INFORMATION MEETING OF
APRIL 20, 2006
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT:
Zoning Amendment Application A 02/06
Pickering Harbour Company Limited
Sandbar Road
Lots 210 - 224, Lots 283 - 288, and Part of Lots 218, 289 Plan 299
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
- the lands are located at the east side of the harbour entrance to Frenchman's
Bay, west of Liverpool Road, north of Lake Ontario, and is generally known as
the East Spit and are currently vacant (see Attachment #1 - Location Map).
2.0 APPLICANT'S PROPOSAL
- the applicant proposes to rezone the subject lands from a "R-4" - Residential
Zone to an Open Space Zone that would allow a windmill and passive
recreation uses (see Attachment #2 - Applicant's Submitted Plan);
- the owner intends to construct a private windmill on these lands in association
with the adjacent marina operation.
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Reaional Official Plan
- the lands are designated Major Open Space System - Waterfront in the
Durham Region Official Plan;
- designates Frenchman's Bay as a Waterfront Place;
- promotes Waterfront Places such as Frenchman's Bay to be developed as
focal points along the Lake Ontario Waterfront, and permits a mix of uses
including marina, recreational, tourist, cultural and community uses in these
locations;
- the application appears to conform to the Durham Region Official Plan;
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3.2 PickerinÇl Official Plan
- the lands are designated Open Space Systems - Natural Areas within the
Bay Ridges Neighbourhood;
- the lands are intended to be used for conservation, restoration, environmental
protection, recreation, and ancillary uses;
- the lands are subject to the "Liverpool Road Waterfront Node Development
Guidelines";
- the subject application will be assessed against the policies and provisions of
the Pickering Official Plan during the processing of the application;
3.3 Liverpool Road Waterfront Node Development Guidelines
- the main theme for the entire Node is that of a "Great Lakes Nautical Village"
having a mix of uses and an inviting ambiance;
recognizes Frenchman's Bay as a boating tourism area that provides
seasonal marina facilities and additional land-based recreation and tourism
opportunities;
recognizes that the East Spit exhibits the characteristics of a dynamic beach;
establishes that the Village will offer opportunities for people to live, work,
shop and play within the area;
establishes that public uses are appropriate on the spit including a limited
number of supportive buildings;
emphasizes the importance of preserving and 1 or enhancing the views from
the area towards Frenchman's Bay as key considerations in the review of any
development proposal;
3.4 ZoninÇl By-law 2511
- the subject lands are zoned "R-4" - Residential Zone by By-law 2511, as
amended;
- this current zone category permits detached dwellings;
the applicant has requested the lands be rezoned to permit a windmill and
passive recreation uses;
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
no written resident comments have been received to date;
4.2 AÇlency Comments
Veridian Connections
- no objections;
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Information Report No. 06-06
4.3 Staff Comments
In reviewing the application to date, the following matters have been identified by
staff for further review and consideration:
- the appropriate separation distance from residential dwelling areas to the
proposed windmill location;
the appropriateness and compatibility of the proposed windmill and passive
recreation uses with the surrounding uses area;
- the evaluation of the Liverpool Waterfront Node Development Guidelines in
relation to the proposed uses on the property;
- the examination of whether any site alterations, servicing and 1 or grading
works are proposed are required to accommodate the proposed windmill and
passive recreation uses on the subject lands;
- the determination of whether any future studies may be required including,
but not limited to, a noise impact report to evaluate any potential noise
disturbance issues that may be associated with windmills.
5.0 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 Councilor a Committee of Council;
if you wish to reserve the option to appeal Council's decision, you must
provide comments to the City before Council adopts any by-law for this
proposal;
if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
6.0 OTHER INFORMATION
6.1 Information Received
a full scale copies of the applicant's submitted plan are available for viewing
at the offices of the City of Pickering Planning & Development Department;
- the need for additional information and 1 or studies will be determined through
the review and circulation of the applicant's current proposal;
1 ~r~rmation Report No. 06-06
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6.2 Property Principal
- the owner of the subject lands is Pickering Harbour Company and the
Principal is Harold G. Hough, President;
- the authorized agent is Ian McCullogh of Marshall Homes.
ORIGINAL SIONED BY
ORIOINAL SIGNED BY
Rick Cefaratti
Planner II
Lynda Taylor, MCIP RPP
Manager, Development Review
RC:ld
Attachments
Copy: Director, Planning & Development
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APPENDIX NO. I TO
INFORMATION REPORT NO. 06-06
COMMENTING RESIDENTS AND LANDOWNERS
(1 ) none received to date
COMMENTING AGENCIES
(1) Veridian Connections
COMMENTING CITY DEPARTMENTS
(1 ) none received to date
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Excerpts from
Minutes / Meeting Summary
Statutory Public Information Meeting
Council Chambers
Thursday, April 20, 2006
7:00 pm.
Attendees:
Councillor Brenner - Chair
Lynda Taylor, Manager Development Review
Geoff Romanowski, Planner II
Rick Cefaratti, Planner II
Birgit Wilson - Recording Secretary
Also Attending: Ian McCullough, Authorized Agent of Marshall Homes
Lauralei Jones, Planner Altridge Properties Inc.
Lynda Taylor, Manager, Development Review, provided an overview of the requirements of the
Planning Act and the Ontario Municipal Board respecting this meeting and matters under
consideration there at.
2. ZONING BY-LAW AMENDMENT APPLICATION A 02/06
PICKERING HARBOUR COMPANY LIMITED
SANDBAR ROAD
LOTS 210 - 224, LOTS 283 - 288, AND PART OF LOTS 218, 289
PLAN 299
CITY OF PICKERING
1. Planner Comments
Rick Cefaratti, Planner II provided an overview of the property location, applicant's
proposal and City's Official Plan policies pertaining to this site, as outlined in the
Information Report # 06-06. He stated that to date no commentslconcerns have been
received from outside agencies or the public.
2. Applicant Comments
Ian McCullogh, authorized agent of Marshall Homes explained the proposal as
outlined in the Information Report # 06-06. He stated that the owner would construct
a windmill on these lands to conform to the esthetics of the Waterfront Place.
3. Comments from Members of the Public
Sylvain Trepanier
1218 Monica Cook PI.
Mr. Trepanier was not sure whether or not he supported the recommended rezoning
as he felt to date there has not been enough information available to the public to
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154
make a propër assessment. He further expressed a concern that the Statutory Public
Information Meeting was of no value as he felt the recommended by-law would now
go before Executive Committee for the recommendation to be enacted.
Mr. Trepanier had additional concerns as follows:
· Road ownership, public or private?
· Ownership of the land is fragmented, some public some private-how will that
be addressed?
· What is passive recreation use?
· Will the proposed windmill block the view from the Bay?
· Which Official Plan does the proposal conform to Durham or Pickering?
· Middle is a public road, will this remain public and if so will a fence be erected.
Lastly, Mr. Trepanier asked for reassurance from The City of Pickering that additional
information will be forthcoming and that the residents will be kept informed as this
goes forward.
4. Response from Applicant
Ian McCullogh, authorized agent of Marshall Homes confirmed that at present there is
fragmented ownership of the lands and that ownership consolidation is being
addressed and will be finalized very shortly. He further stated that before this project
goes forward, there would be conceptual drawings submitted to The City of Pickering.
5. Staff Response
Rick Cefaratti advised that the proposed plan conforms to the Durham Official Plan
Which permits a mix of uses including marina, parks, recreational, tourist, cultural and
community uses.
6. Comments from the Chair
Councillor Brenner assured Mr. Trepanier that the purpose of the Statutory Public
Information Meeting was to gather information from the public on the proposal and
that no proposal will be put before Executive or Council until all interested parties are
heard and that all concerns are addressed. He further stated that for this particular
proposal there is not sufficient information to make a recommendation either for or
against and that a Site Plan that addressed issues such as road access and
conformity to the Waterfront Plan needs to be approved before this proposal can go
forward. He further suggested that Planning and Development, Lynda Taylor should
follow-up with the Waterfront Coordinating Committee and host an open meeting to
address all issues raised this evening. Lastly, he stated that a second Statutory
Public Information Meeting may be needed before a decision to approve or deny this
application can be made.
Page 2
CORP022B-21O?
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The Regional
Municipality
of Durham
Planning Department
605 ROSSLAND ROAD E
4'H FLOOR
PO BOX 623
WHITBY, ON L 1 N 6A3
(905) 668·7711
Fax (905) 666-6208
E-mail· plannlng@
reglon.durhamon .ca
www.region.durham.onca
A.L. Georgieff, MCIP, RPP
Commissioner of Pianning
·'Service Excellence
for our Conununitios"
5
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April 28, 2006
Rick Cefaratti, Planner II
Pickering Civic Complex
One The Esplande
Pickering, Ontario
L 1V 6K7
Via Email:
rcefa ratti@city.pickerin9.on.ca
Mr. Cefaratti:
Re:
Zoning Amendment Application A02/06
Applicant: The Pickering Harbour Company
Location: Sandbar Road
Municipality: City of Pickering
This application has been reviewed and the following comments are offered.
The purpose of this application is to amend the zoning of the subject property from
"Residential R-4" to an "Open Space Zone" to permit a windmill and passive recreational
uses.
ReQional Official Plan
The lands subject to this application are designated "Waterfront" in the Durham Regional
Official Plan. The development of electric power facilities, including windmills, is permitted
within all land use designations provided that the requirements of the Environmental
Assessment Act are adhered to. Waterfronts are to be developed as focal points that
exhibit a mix of uses. Recreational uses may be permitted within the Waterfront
designation.
Provincial Policies & DeleQated Review Responsibilities
This application has been screened in accordance with the terms of the provincial plan
review responsibilities. There are no matters of provincial interest applicable to this
application.
Reaional Services
Municipal water supply and sanitary sewer services are not available to the subject
property.
Community Strateaic Plan
The proposal is consistent with Community Strategic Plan Actions including the promotion
of alternative forms of energy.
If you have any questions or require further information, please do not hesitate to contact
me.
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Dwayne Campbell, Planner
Current Planning
CC:
Regional Works Department - Peter Castellan
N:IPIMldclZoning\CommentsIPickering\a02·06
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for The Living City
May 3, 2006
RECE~VED
CFN 37347.03
XREF CFN 37448
BY FAX AND MAIL (fax. 905.420.7648)
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Rick Cefaratti
Planner II
Pickering Civic Complex
One The Esplanade
Pickering, ON L 1 V 6K7
CiTY OF PICKERING
?!..ANNING & DEVELOPMENT
DEPARTMENT
Dear Mr. Cefaratti:
Re: Zoning By-law Amendment Application No. A 02/06
Sandbar Road
City of Pickering
Pickering Harbour Company
Thank you for the opportunity to review the above referenced Zoning By-law Amendment,
received March 31, 2006. It is our understanding that the purpose of the application is to
rezone lands located on the western end of the Eastern Spit owned by Pickering Harbour
Company from an R-4 Residential Zone to an Open Space Zone allowing a windmill and
passive recreation uses. The legal description of the lands is Lots 219 to 225, Lots 283 to 288,
Part Lot 218 and 289, Plan 299. TRCA comments are as follows:
rRGA Permit Requirement
The subject property is adjacent to Lake Ontario and Frenchman's Bay. As a result of an
update to provincial legislation, TRCA's existing Regulation was replaced by the Development,
Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario
Regulation 97/04) on May 1,2006. To implement this new Regulation, the TRCA has
undertaken a conformity exercise and produced new mapping to identify the regulated areas.
As such, all of the subject property continues to be regulated and a permit from the TRCA will
be required prior to any development (e.g. construction, site alterations) within the subject
property. The applicant has submitted Permit Application No. 083/06/PICK to the TRCA and
this appiication is currently under review.
Impacts to Wildlife
Frenchman's Bay, like many of the coastal habitats along the Lake Ontario shoreline, provides
important resting areas for migratory birds in spring that have traveled northward across the
lake, and provides important staging areas for migratory birds continuing their journey south in
the fall. Monitoring studies (by Dr. Ross James and Glenn Cody, enclosed) conducted
following construction of the wind turbine at Hydro Marsh and on the CNE grounds
demonstrate that the impacts to birds from these structures is not significant (2 or 3 bird deaths
recorded during the 1 year study period compared to the thousands of birds that likely travel
through these areas). However, there is still some contention over the design of the monitoring
studies that were conducted given that observations did not necessarily coincide with high
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- 2 -
May 3,2006
levels of migratory bird fallout. Higher levels of mortality could occur during low-visibility
periods such as at nighttime or rainy/foggy periods when birds are expected to seek land
during migration. As such, we recommend that a post-construction monitoring study be
conducted similar to those completed by Dr. James, with some modifications to his protocol
which can be further discussed with TRCA staff, as follows:
1, The surveys should be conducted during the first year after construction of the turbine
during spring and fall migration by a qualified biologist.
2, The surveys should be conducted on days/nights when significant migrant fallout is
expected to or has occurred, such as foggylrainy conditions. Field surveys should
occur in habitats in the vicinity to confirm that landed migrants are present andlor
contact should be made with TRCA staff (i.e. Dan Derbyshire at Leslie Street Spit,
905.649.2208) to confirm fallout conditions are present.
3, The results of the survey should be analyzed and recommendations should be provided
in a report to TRCA outlining whether there were a sufficient number of high fallout days
surveyed in order to make adequate conclusions or whether further monitoring is
required, The study should also make recommendations as to whether the turbine
operations need to be modified to reduce wildlife impacts (e.g. turbine shut off during
foggy/rainy days during migration),
Dr. James' monitoring reports noted that impacts to bats was more significant than to birds.
Eight deaths were recorded. As such, bat mortality surveys should also be conducted post
construction during peak bat migration, particularly in the fall. This can also be further
discussed with TRCA staff.
Design Considerations (for the TRCA Permit application)
In order to minimize design impacts on wildlife, we would like to confirm that the following
elements will be incorporated into the design of the structure:
1. The tower type should be mono-pole and not a lattice to eliminate attraction by birds to
roost on the structure.
2. The rotor position should be maintained in an upwind position, if possible.
3, Lighting should be eliminated to avoid insect, and hence, wildlife attraction.
4, A number of rare dynamic beach plants occur in the vicinity of the proposed tower. All
locations of rare flora should be identified and mapped prior to construction by a
qualified biologist. Any proposed impacts to these mapped species must be identified
and if necessary transplanted to other suitable locations,
5. We have not yet received any information relating to the impacts associated with the
installation of underground cable(s) to service the turbine, It is understood that the
cable(s) will be directionally-drilled under the Bay. TRCA staff would like to visit the site
with the proponent's Engineer and/or Ecologist to identify the location of construction
staging, cable(s) and other areas of disturbance, and minimize their impacts, In
addition, mitigation measures to restrict construction access to the adjacent natural
areas (i.e. tree protection/sediment fencing) should be provided.
6. The proposed structure will be located on a dynamic beach. We understand that the
regular maintenance of the barrier beach gap will result in temporary storage of the
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May 3, 2006
dredged spoil around the base of the new tower. However, TRCA staff would not
support any shoreline hardening to protect this structure,
Recommendations
In light of the above, TRCA staff have no objection to the approval of the proposed Zoning By-
law Amendment, subject to the following:
1, Tower type is limited to a mono-pole design and not a lattice pole.
2, Post-construction monitoring take place to TRCA satisfaction,
We trust this is of assistance. Please feel free to contact me if you have any further questions.
Sincerely,
~~~~RTPI
Senior Planner
Planning and Development
Extension 5311
enclosures
cc: Ian McCullough, Marshall Homes (fax. 905.420.1600)
Pickering Harbour Company (fax. 905.839.4380, without enclosures)
Larry Field, TRCA (without enclosures)
Dan Derbyshire, TRCA (fax. 905,649,1709, without enclosures)
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65.0 Metres
50.0 Metres
AnACHMENT ,8 TO
REPORT' PD 40,- 0("
A02/06
Pickering Harbour Company
Comparison in Size between Proposed
Wind Turbine and Ontario Power
Generation Wind Turbine at the Nuclear
Power Station
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Proposed Pickering
Harbour Company
Wind Turbine
Existing Ontario
Power Generation
Wind Turbine
(Pickering)
160
117.0 Metres
78.0 Metres
THE CITY or PlCKfJ/ING PlANNING 4" DEVELOPMENT DéPAFmIENT.
THIS /lAP WAS PRODIJCED BY THE CITY OF PlCKfJ//NG
PlANNING ... DEVElOPMENT DéPARTIIENT.
INFORMATION 4" SUPPORT SERVlCES.
JUNE 7. 2006,