HomeMy WebLinkAboutPD 32-07
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REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PD 32-07
Date: November 5, 2007
21-
From:
Neil Carroll
Director, Planning & Development
SUBJECT: Dunbarton Village Zoning Review
Request for Professional Consulting Services
Authorization to Host Public Meetings
Recommendation:
1. That Report PD 32-07 of the Director, Planning & Development, regarding the
Dunbarton Village Zoning Review be received;
2. That Council authorize staff to seek three written quotations from professional
planning consultants to assist staff in the Dunbarton Village Zoning Review;
3. That appropriate City officials be authorized to hire a consultant to undertake the
work program outlined in Report PD 32-07 of the Director, Planning &
Development to an up set limit of $15,000 (excluding GST); and
4. Further, that City Council authorize the Planning & Development Department to
advertise and host both Planning Act required meetings (Public Information
Meeting and a Statutory Public Meeting) for a zoning by-law amendment that
would relate to the zoning review for Dunbarton Village.
Executive Summary: This report seeks Council's authorization to retain the services
of a professional planning consultant to assist the Planning & Development Department in
undertaking a zoning review of Dunbarton Village, and to initiate an appropriate zoning
by-law amendment process that will implement the results of the review. The land subject
of this review includes properties located within Dunbarton Village, along Dunbarton Road.
This study is a result of Council's inclusion of this project in the Department's work
program during the 2007 budget consideration. E~ements of current zoning in the
Village 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. The study must have regard to Official
Plan policies for the area that encourage opportunities to rejuvenate the historical
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Report PO 32-07
Subject: Dunbarton Village Zoning Review
22
Financial Implications: City Council allocated $15,000 in the 2007 budget for the hiring
of consulting services for the Dunbarton Village Zoning Review (Account 2611.2392.0000).
Date: November 5, 2007
Page 2
Sustainability Implications: This study is a policy implementation project that
provides for a more appropriate land use, makes efficient use of existing buildings and
takes advantage of existing infrastructure within the City's urban area. The project
represents a sustainable approach for the planning of the area.
1.0 Background:
lands within Dunbarton Village currently have a variety of zoning (see
Attachment #1). 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 Genera! 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.
This commercial zoning also includes certain institutional uses as permitted uses.
One of the properties still holds an agricultural zoning while other properties have
been rezoned over the years for site specific uses. 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.
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
(PICA 68/06) for 1047 Dunbarton Road. This application requested the extension
of a legal non-conforming use and the establishment of a commercial and
residential building on the property. This application 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.
The 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 (see Attachment #2). The position presented in the
paper is that the current commercial zoning of "C-2" is inappropriate and that the area
needs to be rezoned to protect the historical village character.
2.0 Discussion
The purpose of the study is to consider the removal of incompatible land uses
from the uses currently permitted by existing zoning and replacement with more
suitable zoning that includes residential and limited compatible commercial uses
similar to those permitted in other historical village settings in Pickering.
Report PD 32-07
Date: November 5, 2007
Subject: Dunbarton Village Zoning Review
Page 3 2 3
The objective of the zoning review is to recognize existing residential uses and
permit restricted commercial uses as envisioned in 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"
The type of uses envisioned would be typical of small village uses such as bed
and breakfast establishments, tea houses, mixed use activities and limited retail
and office uses. The zoning amendment should consider the removal of uses
that would not fit into the historical village character of the area or create land use
conflicts/incompatibilities with existing residential uses.
This initiative 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.
It is noted that Heritage Pickering has on its Work Plan the "Dunbarton Heritage
Designation Study" which may result in a more comprehensive investigation
related to a heritage district designation. It is anticipated that at the conclusion of
Heritage Pickering's investigation Council will then have the option to consider the
establishment of a Community Improvement Area for the purpose of seeking
funding for infrastructure financing. While the zoning review and Heritage
Pickering review are linked, they can proceed independently.
2.1 Work Program
This project is identified and funded through the approved 2007 budget. In
accordance with City purchasing policy, it is proposed that written quotations be
sought from three professional consulting firms to conduct a review of the zoning
within the village. The consultant will assist City staff in investigating the most
appropriate land uses and performance standards that should be considered
through a zoning by-law amendment application. The consultant will assist in the
public consultation process of the study and provide recommendations for land
use considerations.
The work program will include neighbourhood consultation meetings to ensure the
concerns of area residents are understood. The consultant will also provide
recommendations on land uses to be removed from the existing zoning, and new
land uses to be added. It is staff's objective to prepare an amending zoning by-law
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Report PO 32-07
Date: November 5, 2007
Subject: Historical Village of DunbartonPage
Page 4
L4
Further, the consultant will propose performance standards for the recommended
land use such as parking requirements and building setbacks that will contribute
to a more stable neighbourhood, guide new development, and mitigate potential
land use conflicts.
At this time staff are seeking approval of Council to proceed to seek quotations
from three professional consulting planning firms to undertake this project. It is
anticipated that the review will commence in 2007 and be completed in the spring
of 2008. After receipt of proposals, staff will review all submissions and enter
into an agreement for the hiring of the consultant. The consultant will then be
requested to initiate the review of the study area and begin the public
consultation process.
Attachments:
1. Location/Existing Zoning Map of the Historical Village of Dunbarton
2. Discussion Paper on the Historical Village of Dunbarton by Area Residents
Prepared By:
Approved I Endorsed By:
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Ross Pym, MCIP, RPP
Principal Planner - Development Review
RP:ld
Attachments
Copy: Chief Administrative Officer
Recommended for the
Pickering City Council
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City of Pickering
PROPERTY DESCRIPTION DUNBARTON VILLAGE
OWNER VARIOUS
Planning & Development Department
DATE OCT. 172007 DRAWN BY JB
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Land Use & Zoning
All Argument to Maintain the
Historic & Residential Nature of Dunbarton Village
As' Stated in the Official Plan of
The City of Pickering
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Submitted by the residents of the Village of Dunbarton February 2007
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Dunbarton Village Land Use & Zoning
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A historic view looking east beside the same shot from today. Note the sidewalk location & narrowness of the street
T:1
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 maj ority 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 arguill_ent 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 segnlents 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.
28
History
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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 fanning 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 establishlnents
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 raihvay 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 tilne. One could argue that the zoning
should have been conected many years ago by the form.er Township or later the
Town of Pickering . It is now time to conect 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.
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Environment, Tree and \Vatercourse Protection
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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.
Traffic Access
30
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A picture of the high embankment on Kingston Rd. Dunbarton Rd; narrow high elevation and obstructed view.
The land that borders Kingston Rd is at a topographical high point of elevation
which is especially exacerbated by the land cut which accommodates the railway
bridging over the highway. This feature precludes any possible direct access to
Kingston Road which, again, negates any suitable comrnercial use of this
property.
The road access to this area is through a series of secondary residential streets, all
of which have been permitted to develop with direct residential access.
Dunbarton Road itself, as it passes through the historic segment of the village is
particularly narrow with limited frontage clearance to permit sidewalk setbacks.
Street parking, although pennitted, is paliicularly difficult and the narrowness of
the public allowance combined with the topography Inake this stretch especially
unsuitable for commercial access.
The United Church at the apex of Dunbarton Rd and Cloudben-y Court is a
dominant feature within the Dunbarton Village. The church houses various
community activities from time to time including local election polls, cub scouts
and a variety of community activities which enhance the residential aspect of the
village. This pedestrian traffic is not compatible with COlnnlercial uses and
would be a public safety exposure if commercial activity involving trucks or
heavy machinery were to be permitted. This use would also conflict with the
existing compatible use of a local property as a day-care facility.
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31
Planning and Design
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
nlortared with lime. Although these structures have withstood the past hundred
plus years of use, they were not designed to handle heavy tluck or n1achinery
loads. Permitting cOlnmercial uses requiring the use, Inovement 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.
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Planning and Design cont'd
32
2
32-07
Many of the existing property O~Nners 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 quiet undisturbed use of their
homes.
The City has supported the evolution of the existing land use tovvard a purely
residential construct. This is evidenced by the new residential ,;onstruction 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.
2DiJl 1. i27
City investments on landscaping and old style street lamps are in context with historic village setting.
2,
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33
Socially
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 cornmunity 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 PICA 68/06) is not supported and would be out of
character with the development of the village since the early 1960'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 PICA 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 ofDunbarton.
The present C2 zoning is inappropriate and is not in accordance with wishes of
the community. The impetus for a suitable amendlnent is supported Historically,
Environmentally and from the Principals of Good Design and Sound Planning.