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HomeMy WebLinkAboutPD 32-07 Cilq o~ 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 _"_.._w........._""''"';...".,,.,,'''''-<..',...''''''~''''''',,#><-,..,,' "i.<,';:;ld.W."~" <.~~,~ 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 .. .. - - ... -" ... ",."..C7"""';-'::':':'"'=__~;1~_'1:I:~_~~~'$;;:'t~;r"";~':,::f-"~".., 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: ~~ ?:F Ross Pym, MCIP, RPP Principal Planner - Development Review RP:ld Attachments Copy: Chief Administrative Officer Recommended for the Pickering City Council ;'/ r'.... ,1 ATTACWM9JT' 1 TO RfPOMT , PO _ .52. 0 i 25 I- (f) \ ! l >- cc cc w OJ W -1 OJ 2 <( CC 1_ i L-U ~/ u z o U -1 ,<( LL i- , o <( o n:: s w > W .-J 0.. 0.. <( C.N.R. KINGSTON ,-<' A-Oi \-\ \G\-\\}I P-- City of Pickering PROPERTY DESCRIPTION DUNBARTON VILLAGE OWNER VARIOUS Planning & Development Department DATE OCT. 172007 DRAWN BY JB l' 26 ,4 ." it PL.. ~2':C:}" ....- "-""'__H'_'~,,,,,,,,,,,,,,, >'" 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 f\; ~J; (":. f!'1. ~'t"'j:t/'- l l LtW Submitted by the residents of the Village of Dunbarton February 2007 Z ..'11,.. ".'..'.?i-::'2.."-O. '':'''7 (It/,. . .'. ki. ~ -,.\p'Iil.;.\.v._ .,.".....,....,..,_".......,.,.".",..,..,."..,. 27 Dunbarton Village Land Use & Zoning - 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 ,., L 32 -0" 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. z " Jl~..9? Environment, Tree and \Vatercourse Protection 29 /~--:;::::- l ---------- .---- .------ \ -.,.- \ \( " \ I, \ - I I ) \ ---, J ~-- ,-.---- - I ,----- --' / / 'I . i i / ~ I, " \ r--j /~), ~,' \ v I~/'-"'\ '> ~~- 'I, '-.- "", _, (;... I / ,I ( /\ j I I I I ' \'--' / I , \ \-.:. ! I +~ --~ '["1 ~-=~~~j , I:-:~':"',,--- ..--' () .-") ....~:J\\C:::i~"" - I~\,."~'" (. ~ l~. '"'- 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. Traffic Access 30 /1 '2. '3b:9tt ~.._-... 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. 'L 32 '[J] 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. =;;1l\1'M.\mi_........ . .r __",-"~,~---,:~"..,"_""",.",,,,",,,,,,.~,,,,~,,,,...__,~_~w~,,,,,,,,,., .c...e. , _ ... .~,.~. 0.=_,. ,. =..,'.""_ '.'.,."'.~.c,,'''.=',', ,_ ',"".'~ ,"_,',"',,",',""'.' _", '. '.,," ... ... , _ 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, j~ -p'l 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.