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HomeMy WebLinkAboutJuly 7, 2008 (Joint) Joint Planning & Development Committee And Executive Committee Agenda Monday, July 7,2008 7:30 pm Council Chambers Chair: Councillor Pickles PART "A" PLANNING INFORMATION MEETING INFORMATION REPORT NO. 12-08 PAGES SUBJECT: Information Report No. 12-08 Official Plan Amendment Application OPA 05-04/P Zoning By-law Amendment Application A 33/05 Kinsale Properties Ltd. (Part of Lot 4, Concession 6) City of Pickerinq 1-11 Deleqations: a) Pierre Chauvin, MHBC Planning INFORMATION REPORT NO. 13-08 SUBJECT: Information Report No. 13-08 City Initiated Application Zoning By-law Amendment Application A 12/08 Dunbarton Village Zoning Review City of Pickering 12 -64 PART "B" PLANNING & DEVELOPMENT REPORTS 1. Director, Planning & Development, Report PO 21-08 Landford Dixie South Ltd. Plan of Subdivision 40M-1706 65-74 Joint Planning & Development Committee And Executive Committee Agenda Monday, July 7,2008 7:30 pm Council Chambers Chair: Councillor Pickles Cougs Investments Ltd. Plan of Subdivision 40M-1713 Garthwood Homes Ltd. Plan of Subdivision 40M-1719 Garthwood Homes Ltd. Plan of Subdivision 40M-1727 Keleck Investments (Pickering) Incorporated Plan of Subdivision 40M-1728 Final Assumption of Plans of Subdivision RECOMMENDATION 1. That Report PD 21-08 of the Director, Planning & Development regarding the Final Assumption of Plans of Subdivision 40M-1706, 40M-1713, 40M-1719, 40M-1727 and 40M-1728 be received; 2. That the highway being Windgrove Square within Plan 40M-1706 be assumed for public use; 3. That the highway being Amberwood Crescent within Plan 40M-1713 be assumed for public use; 4. That the highway being Pine Grove Avenue within Plan 40M-1719 be assumed for public use; 5. That the highways being Meldron Drive and Sandhurst Crescent within Plans 40M-1727 and 40M-1728 be assumed for public use; 6. That the services required by the Subdivision Agreements relating to Plans 40M-1706, 40M-1713, 40M-1719, 40M-1727 and 40M-1728, are constructed, installed or located on lands dedicated to, or owned by the City, or on lands Joint Planning & Development Committee And Executive Committee Agenda Monday, July 7,2008 7:30 pm Council Chambers Chair: Councillor Pickles lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except from Block 46, Plan 40M-1706 and Block 18, Plan 40M-1728; 7. That the Subdivision Agreements and any amendments thereto relating to Plans 40M-1706, 40M-1713, 40M-1719, 40M-1727 and 40M-1728, be released and removed from title; and 8. That Council enact a By-law to dedicate Block 45, Plan 40M-1706 as public highway. 2. Director, Planning & Development, Report PO 25-08 Zoning By-law Amendment Application A 9/08 Fairport Inc. 692,700-702 Front Road (Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65) City of PickerinQ 75-1 01 RECOMMENDATION 1. That Zoning By-law Amendment Application A 9/08 submitted by Fairport Inc., on lands being Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65, City of Pickering, to amend the zoning to permit the development of the subject property for three detached dwelling units be approved as outlined in Appendix I to Report PO 25-08; and 2. Further, that the amending zoning by-law to implement Zoning By-law Amendment Application A 9/08, as set out in Appendix I to Report PO 25-08, be forwarded to City Council for enactment. 3. Director, Planning & Development, Report PO 27-08 Duffin Heights Neighbourhood -Durham ReQional Official Plan Amendment, File: OPA 2007-006 102-110 Joint Planning & Development Committee And Executive Committee Agenda Monday, July 7,2008 7:30 pm Council Chambers Chair: Councillor Pickles 1. That Report PD 27-08 of the Director, Planning & Development, regarding an application to amend the Durham Regional Official Plan, File: OPA 2007-006 be received; 2. That Council advise the Region of Durham that it supports the application to amend the Durham Regional Official Plan, File: OPA 2007-006, submitted by the Duffin Heights Landowners Group to: a) delete the future east-west Type C arterial road connection from Church Street in the Town of Ajax (extension of Williamson Drive) to the CP rail line in Duffin Heights; b) delete the remnant portion of Old Taunton Road as a Type C arterial road designation from Taunton Road to the future east-west Type C arterial road; and c) realign the possible extension of Valley Farm Road, a Type C arterial road, north of the Third Concession Road including crossing the Ganatsekiagon Creek easterly to connect to Brock Road; and 3. Further, that a copy of Report PD 27-08 be forwarded to the Region of Durham, Town of Ajax, Toronto and Region Conservation Authority and Sernas Associates (representing the Duffin Heights Landowners Group) for information. 4. Director, Planning & Development, Report PD 29-08 Downtown Pickering Program - Continuation of Urban Desiqn Consultinq Services 111-113 RECOMMENDATION 1. That Report PD 29-08 of the Director, Planning & Development respecting urban design consulting services for the Downtown Pickering program be received; Joint Planning & Development Committee And Executive Committee Agenda Monday, July 7,2008 7:30 pm Council Chambers Chair: Councillor Pickles 2. That the Director, Planning & Development be authorized to continue with the engagement of Young + Wright / IBI Group Architects to act as the City's urban design consultant on the Downtown Pickering program to an upset limit of $70,000 using professional and consultative services funds approved by Council in the 2008 Department budget; and 3. That the appropriate City officials be authorized to take the necessary action to give effect hereto. 5. Director, Planning & Development, Report PO 30-08 114-118 Request from Matlamy (Brock Road) Limited for Exemption to Section 10 (b) of Fill & Topsoil Disturbance By-law 6060/02 Duffin Heiqhts Neiqhbourhood RECOMMENDATION 1. That the request of Mattamy (Brock Road) Limited for exemption from Section 10 (b) of Fill & Topsoil Disturbance By-law 6060/02 to allow pre- grading of its lands in the Duffin Heights Neighbourhood be approved; and 2. Further, that the appropriate City officials be authorized to take the necessary actions to give effect thereto. PART "C" EXECUTIVE COMMITTEE REPORTS 1. Director, Operations & Emergency Services, Report OES 22-08 Supply & Delivery of 4-Ton Dump Truck - Q-32-2008 119-130 RECOMMENDATION Joint Planning & Development Committee And Executive Committee Agenda Monday, July 7,2008 7:30 pm Council Chambers Chair: Councillor Pickles 1. That Report OES 22-08 of the Director, Operations & Emergency Services regarding the supply and delivery of a 4-Ton Dump Truck be received; 2. That Quotation No. Q-32-2008, as submitted by Scarborough Truck Center Inc. for the supply and delivery of a 4-Ton Dump Truck with Snow Plow and Wing, and Electronic Salt Metering, in the amount of $158,809.00 (PST, GST and license extra) be accepted; 3. The total gross purchase cost of $179,454.17 and a net purchase cost of $171,513.72 as outlined in Report OES 22-08 of the Director, Operations & Emergency Services, be approved; and 4. That Council authorize the Director, Corporate Services & Treasurer to finance the purchase through the issuance of debt; a) that debt financing through the Regional Municipality of Durham in the amount of $171,000.00 for a period not exceeding five (5) years, at a rate to be determined, be approved and the balance of approximately $513.72 plus financing costs be financed from current funds; and b) that financing and repayment charges in the amount of approximately $39,500 be included in the annual current budget for the City of Pickering commencing in 2009 and continuing thereafter until the loan is repaid; and c) that the Director, Corporate Services and Treasurer has certified that this loan and the repayment thereof falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2008 as established by the Province for municipalities in Ontario; and d) that the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and e) staff at the City of Pickering be given the authority to give effect thereto. Joint Planning & Development Committee And Executive Committee Agenda Monday, July 7,2008 7:30 pm Council Chambers Chair: Councillor Pickles 2. Director, Corporate Services & Treasurer, Report CS 34-08 Section 357/358 of the Municipal Act - Adiustment to Taxes 1 31 -1 34 RECOMMENDATION 1. That Report CS 34-08 of the Director, Corporate Services & Treasurer be received; 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect thereto. (II) OTHER BUSINESS (III) ADJOURNMENT \ ~1 ~ I Citq ()~ INFORMATION REPORT NO. 12-08 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: Official Plan Amendment Application OPA 05-04/P Zoning By-law Amendment Application A 33/05 Kinsale Properties Ltd. (Part of Lot 4, Concession 6) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject site is located west of the Hamlet of Kinsale, generally at the north-east corner of the intersection of Highway 7 and Balsam Road (Sideline 4), a property location map is provided for reference (see Attachment #1 ); - the eastern portion of the subject land is covered by a large mound of fill that was the result of extensive filling by the property owner; the filling operation ceased in 2002; an intermittent stream, which is an unnamed tributary of Carruther's Creek traverses the site from north to south; a small portion (approximately 1.2 ha) of the site was used for commercial purposes, most recently a marine service operation/truck maintenance facility, one structure from this operation remains on the site, and the remainder of the site is vacant; - the surrounding land uses are: north - agricultural land, hydro corridor and the recommended route alignment for Highway 407; south - Highway 7, a vacant residential dwelling, and agricultural land; west residential dwelling, a property maintenance company, active agricultural land and a hydro corridor; east agricultural land (orchard), a vacant parcel and the Hamlet of Kinsale. I ,: . Information Report No. 12-08 '>"1 r", :, I Page 2 2.0 APPLICANT'S PROPOSAL the applicant has submitted an application to amend the City of Pickering Official Plan and zoning by-law in order to implement the proposed golf facility/course; the applicant has also submitted an application to amend the Region of Durham Official Plan in order to redisignate the property from Prime Agricultural Area to Major Open Space Area in order to permit the golf course; the applicant is proposing to develop a 12-hole golf course with maintenance buildings, a clubhouse with limited food services, and a separate building with an indoor golf simulator; the design of the golf course utilizes the existing fill mound with a number of golf holes, two ponds and the clubhouse proposed to be on top of the mound; the site design incorporates a buffer strip of 30.0 metres on either side of the stream; a new entrance to the site is proposed to be established from Balsam Road, the existing driveway from Highway 7 is proposed to be altered and not used for the day-to-day operations but rather used for emergency vehicles only; proposed buildings include a clubhouse, maintenance buildings and an indoor golf building for a golf simulator (see Attachment #2 - Applicants Submitted Plan); 2.1 Development Detail The following are the proposed development details for this application: Official Plan Existing - Agricultural Areas, Open Space Systems - Natural Areas for the area in proximity to the stream and a portion of the site has an exception to permit a farm implement dealership and vehicle repair and service establishment; Proposed - Active Recreational Area and delete the exception; Existing - "A" - Agricultural and "A(FID)" - Agricultural-Farm Implement Dealership in Zoning By-law 3037 as amended by By-law 1751/83; Proposed - "A/GC" in order to permit proposed golf course and accessory uses and "OS-HL" that recognizes the stream corridor; Existing - former agriculture land that have been filled and is currently vacant land; Proposed - 12 hole golf course; Zoning Uses Gross site area Frontage on Balsam Road Frontage on Highway 7 Commercial gross floor area Clubhouse parking spaces Golf simulator building parking spaces Total parking spaces 29.9 hectares 548 metres 363 metres 321 square metres 100 28 128 Information Report No. 12-08 Page 3 'Z 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan the Durham Regional Official Plan designates the subject lands as Prime Agricultural Area, where prime agricultural lands are predominate, they also include areas of lesser agricultural significance (Canada Land Inventory Classes 4 to 7 soils) and additional areas where there is a local concentration of farms which exhibit characteristics of ongoing agriculture; the Durham Regional Official Plan states that new and expanding major recreational uses, shall not be permitted in Prime Agricultural Areas, the definition of major recreational uses includes golf courses, therefore the proposed use is not permitted in the current land use designation; the application proposes to redesignate the site to Major Open Space Area, this designation includes key natural heritage features or hydrologic features, prime agricultural lands as well as lands of lesser agricultural significance; the Durham Regional Official Plan states that "new and expanding major recreational uses and accessory facilities may be permitted in the Major Open Space Areas by amendment to the Regional Official Plan, or an area municipal official plan"; The Region of Durham is currently evaluating the proposed official plan amendment and hosted a public meeting on June 3, 2008; 3.2 Pickering Official Plan the Pickering Official Plan designates the majority of the subject lands as Agricultural Areas, for the area in proximity to the stream the lands are designated Open Space Systems - Natural Areas and a small portion of the site along Highway 7 has an exception to permit a farm implement dealership and vehicle repair and service establishment; permissible uses within the Agricultural Areas designation include, amongst others, primary agricultural uses, farm related agricultural dwellings, and complementary and supportive agricultural uses; permissible uses within the Open Space System - Natural Areas designation includes conservation passive recreation and agricultural uses outside of the valley and stream corridors; for the lands covered by the exception a farm implement dealership and road vehicle repair and service establishment is permitted along with the uses permitted by the underlying Agricultural Areas uses; the applicant has submitted an application to amend the Official Plan to change the deSignation to Open Space System - Active Recreational Areas in order to permit the proposed golf course (see Attachment #3 - applicants proposed amendment); 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. 12-08 !' 4 Page 4 3.3 Zoning By-law 3037 the subject lands are currently zoned "A" - Agricultural Zone and "A(FID)" - Agricultural-Farm Implement Dealership in Zoning By-law 3037 as amended by By-law 1751/83; the "A" - Agricultural Zone zoning permits, amongst other things, agricultural uses, a detached dwelling and agricultural related business; the "A(FID)" - Agricultural-Farm Implement Dealership zoning permits a farm implement dealership and an automobile repair shop; an amendment to the zoning by-law is required to implement the applicant's proposed development; the owner has requested an "A/GC" - Agricultural/Golf Course zone for the lands to be used for the golf course and an "OS-HL" - Open Space Hazard Land zone for the stream corridor and buffer strip. 4.0 RESUL IS OF CIRCULATION 4.1 Resident Comments - no resident comments have been received to date; 4.2 Agency Comments no agency comments have been received to date; 4.3 Staff Comments in reviewing the applications to date, the following matters have been identified by staff for further review and consideration: · ensuring that the proposed development is compatible with, and sensitive to, existing surrounding development including traffic, noise, level of activity, scale and intensity of the uses; · reviewing the application in terms of its level of sustainable development components; · reviewing the application in terms of the land use to determine if a golf course is needed or whether the lands should remain for agricultural uses; · reviewing the application in terms of the constraints and benefits the application will have on both the subject property and on the surrounding community, given the function of the surrounding community; · need to consider the environmental impacts on the tributary of Carruther's Creek from the proposed development; · reviewing that adequate information has been provided, that technical requirements are met and that the proposed development is appropriate at this location; Information Report No. 12-08 Page 5 r: , " the Planning & Development Department will conclude its position on the applications after it has received and assessed comments from the circulated departments, agencies and public. 5.0 PROCEDURAL INFORMATION 5.1 Official Plan Amendment Approval Authority the Region of Durham is the approval authority for local official plan amendments when there is a Regional Official Plan amendment required; 5.2 General 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 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; if you wish to be notified of Council's adoption of any official plan amendment, you must request such in writing to the City Clerk; if you wish to be notified of the decision of the Region of Durham with respect to the proposed amendment to the official plan, you must make a written request to the Commissioner of Planning, Region of Durham Planning Department. 6.0 OTHER INFORMATION 6.1 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. 12-08 ;,] 0 Page 6 6.2 Information Received - 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 following reports were submitted in support of the application: · Planning Report (MHBC Planning, April 2008); · Agricultural Justification Report (Miller Golf Design Group, April 2008); · Golf Course Design and Management Plan (Miller Golf Design Group, July 2007); · Golf Market Study (Miller Golf Design Group, March 2008); · Traffic Impact Study (C.C. Tatham & Associates Ltd., July 2007); · Environmental Impact Study (Gartner Lee Limited, July 2007); · Phase 2 Environmental Site Assessment (Green-Tech Environmental Engineering Ltd., October 2002); · Environmental Site Inspection (Green-Tech Environmental Engineering Ltd., March 2008); · Hydrogeological Assessment (Golder Associates, May 2006); · Well Construction and Testing Report (Golder Associates, July 2007); · Sustainability Report (Miller Golf Design Group, February 2008); and · Stage 1 and 2 Archaeological Assessment (October 2007); - the need for additional information and/or technical reports will be determined through the review and circulation of the applicant's current proposal; 6.3 Owner I Applicant Information - the owner of the subject lands Kinsale Properties Ltd.; James Sabiston is the principal of Kinsale Properties Ltd.; Pierre Chauvin of MHBC Planning is the agent for the application. Ro1bP~ Principal Planner - Development Review /y (~ y ~/~2"'C" c.-. Lynda Taylor, MClP, RPP Manager, De~elopment Review RP:ld Attachments Copy: Director, Planning & Development , r"" / APPENDIX NO. I TO INFORMATION REPORT NO. 12-08 COMMENTING RESIDENTS AND LANDOWNERS (1 ) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date '-, () t) An~CHMENT#~TO '''",FOHMATION RF:"PORT# 11--08 -_.._~ -~--_._- z g Vi --------~--l \ < z ~ SUBJECT P OPERTY -==] HIGHWAY ARC LAY __m__u_____ '---_."----.',---------- ESTATES ~ City of Pickering KI SALE \ . __1_ __ ~ Planning & Development Department PROPERTY DESCRIPTION PART LOT 4, CONCESSION 6 OWN~ KINSALEPROPER~ ==--~ ---=r~A~E MA~29,2008 rRAW~"Y JB FILE No. OPA 05-04/P & A 33/05________ j-~~_~_=__~~~OO~____ ....~~ECKED ..s~__ RP oto ::'0 urces',--- .-....-------.------------.-.,----.-.-----.------.--..-_.-.._- Teronet Enterp.-i~e:5 Inc. and it~ :suppliers. All right:!l Re:sc.-ved Not Q plan of !!IUl"vey 2005 MPAC and it~ suppliers, All rights ~_eserved Not 0 ,plan. o! Survey. l' -.- PN-RUR ATIACHMENT#~lO RCTJORT# /2 "'08 INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN - KINSALE PROPERTIES LTD. A 033/05 OPA 05-04 ~ 9 l' THIS MAP WAS PRODUCED BY THe CITY OF PfCKERNG. PtANNINC 4 OEIIflOPllENT DEPARTMENT. /IIIFORMATlON tk S1.JPPORT SElMCES. ..or 28. 2008. r\ t..J ~nACHMENT#~lO "'~""\(~( 11/'TiON f~:poFIT# /2.> 08 AMENDMENT XX TO PICKERING OFFICIAL PLAN PURPOSE: LOCATION: BASIS: ACTUAL AMENDMENT: IMPLEMENTATION: INTERPRETATION: The purpose of this amendment is to permit a golf course and related indoor facilities through a change in designation of the subject lands to 'Active Recreational Areas'. The subject lands are approximately 30 hectares in area and located on the north side of Highway 7, immediately east of Balsam Road (Sideline 4). The subject lands are municipally known as 3160 Highway NO.7 and more specifically include Part of Lot 4, Concession 6 and Part 1 of 40R- 6439. That Council of the City of Pickering is satisfied that this Amendment to the Pickering Official Plan to permit a golf course through redesignation of the subject lands to 'Active Recreational Areas' is an appropriate land use, complies with the general intent of the Official Plan and is consistent with Provincial policies. The Pickering Official Plan is hereby amended by: 1. Revising Schedule 1 (Land Use Structure) Sheet 3 of 3 to redesignate the lands identified on the attached Schedule A from 'Agricultural Areas', 'Natural Areas' and Exception E1 to 'Active Recreational Areas' . 2. Removing Exception 3.20(a) text that reads, "on lands identified by the symbol "E1" on Schedule I, a farm implement dealership and road vehicle repair and service establishment in accordance with the Durham Regional Official Plan". The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. The provisions set forth in the City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. I 1 City of Pickering, Proposed Official Plan Amendment Schedule A ,......... ~ Subject Lands Lands to be Redesignated from Agricultural Areas, Natural Areas and Exception (E1-3.20.a) to Active Recreational Areas (i) June 2. 2008 Scale: 500 1000n I I K:\93060 _ KINSALE\RP1\OFACIAL_PlAN_AMENDMENT.DWG , , ') L. PI 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 PICA 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 I (1 ! I Z , 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 opinions 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 4 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Re~ional 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 Pickerin~ 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 Arterial 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 III 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 Page 4 L': I 3.3 Zonin~ By-law 3036 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 RESUL IS OF CIRCULA liON 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 A~ency 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 / b the consultant's recommendation is to replace the "C2" zone between 1 019 and 1 059 Dunbarton Road, including both sides of Dunchurch Street and the "C2-2" zone at 1 051 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 7 Page 6 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 Councilor 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 '" g 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; RO~'~ Principal Planner - Development Review L uJiif,-_~... t'~ Lynda Tor, MCIP, RP Manager, Developme t Review RP:ld Attachments Copy: Director, Planning & Development ,; I '; 0 ! J 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 ATIACHMENT#--L-TO iNFORMATlONREPORT# i::,. C'~ EXHIBIT 1 ') ,-) ,_ l" 1/ \~ \ \ ~ \0 F= I f---j f---J u~ r--o ex: o <( o CL r-- ~ i7"- l=- f- ~ ~ ::>.-, IIII ---4 J I GOLDEN RIDGE I III - :=j T - _AJ o -p o - - - ;--- f--- f--- t-i \ II - - I RUSHTON II KOAD 1 J-- ~ - o <t o ex: g'C J D~ " ~ KINGSTON ROAD n-! ~ ~ AO' ~--' \['J f>-.--< 0\G0 <^v> ,~ ,.------- S\?-((\ gf>-. --< L --< ...----\ I .- I ~ \dcl'~~r~ I l______ City of Pickering PROPERTY DESCRIPTION DUNBARTON VILLAGE OWNER VARIOUS FILE No. A 12/08 Planning & Development Department DATE MAY 27,2008 DRAWN BY JB SCALE 1 :5000 CHECKED BY RP l' ~ o~~r~:::tC~~~c,..prises Inc. and its s.....ppliers. All riQhts Reserved. Not a plan of survey. 2005 MPAC and its suppliers. All ril';;)hts Reserved. Not 0 plan of Survey. PN-7 It! .1 .-) 1 " ATTACHMENr#~TO INFORMATlONREroRT# / ~ C xr EXHIBIT 2 DUNBARTON UN/TED CHURCH z o 0 I- <t 0::: 0 ~ 0::: Z :J o -< y..-'2-'2- 0Q0 o G \-- '\ 0'2- GO AO" rI\N f'-.-{ rllG City of Pickering PROPERTY DESCRIPTION DUNBARTON VILLAGE OWNER VARIOUS FILE No. A 12/08 Planning & Development Department DATE MAY 27, 2008 DRAWN BY JB l' SCALE 1 :5000 CHECKED BY RP o 0 ources: Teranet Enterprises Inc. and its suppliers. All ri9hts Reserved. Not 0 plan of survey. 2005 MPAC and its suppliers. All ri9hts Reserved. Not 0 pion of Survey. PN-7 .ATTACHMENT# 3 :TO ''''FORMATION REPORT#. 13-o~ . It I 22 GrTY OF.PIGKEf,UNG DL1I~B/-\l:X'I"OI~ \llL'L/-\GE ZOI~lI~G 1=XE\11E\I\7 DRAFT - FOR DISCUSSION , SU131\'llTrFD l3"Y~ l\{A.GA.uL!'~Y' SHIOl\ll l--lO\VSON LorD. !-\'Pl=XlL 29, 2003 .') ATTACHMENT# J TO 'N~OR!\4.ATlONREPORTf#. 1_-3 'Cy~ _ -'Tl /,1 ,~ II Draft Report to Planning Staff II 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 ,') " / Ll rJ ATTACHMENT# -=-) TO INFORMATION REPORT#. I ~~ ,(.~'. 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#....:L TO INFORMATION REPORT#. 1.3-0~ C', r-o / I"..... .: ...) 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 (PICA 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. I. . t, I r) I' ! b , ATT,~CHMENT# ,-5 TO INFORMAT!()N REroRTf# / ~3 -DerA 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. 2. r; ATTACHMENT# ~:j TO ~Nro~MATION REroRT# C 3 -C0 ~ 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. ,', "7 ' , ') g ATTACHMENT#~lO 1-) C" INFOR.MATION REPORT#. .:.c . 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 S2-x 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 4. ATTACHMENT#____lO I~:FORMAT!ON RE:l~r~ I"') (..' LC )9 not recommending any change to the zoning of Ounbarton United Church, as the current I (C)-ON 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 Ounbarton 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 Ounbarton 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 83-8 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. 1__ ;r.) .U ATTACHMENT# ~?; TO INFORMATION REPORrtF ! ~ {. '?""", the properties immediately to the west, should also apply to 1 062. 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. 6. ATTACHMENT#_-j TO INFORMATiON R'i::PORT# (-~ . {> p . fl. 7 1 "J 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. z 2 ,) - AITPICHMEN'UL_ TO INFORlvlATION REPOHTtJ I r ,(", Attachment #1 LL ~ i ~ I _~,i ~i . S2-X ~ <(-0 O~ 0~ o ~~ c.1V. f? \"IIG\"I Proposed Zoning Dunbarton Village ArTACHMENT#=3 TO REf,>',)RY # 1-') I y) Attachment #2 u.. ROAD C. tv. f? rI\GrI Existing Zoning Dunbarton Village ATIAC~IME\\ll#=--"O, "(- I .., . , .".- n"")"n'~\T,f& c.', ((' !,\~::;i).,.jl!...Jr'\!. ~ 'z..... . 7, L1 .....} \ l "i .'.., '32?~1 ... ~.~. ..._---~...._-.. Attachment #3 Dunbarton Village Land Use & Zoning ~ ! A historic view looking east beside the same shot from today. Note tbe sidewalk location & narrowness of the st A. ~.'.:.'J' r Executive Summary This paper has been assembled by some of the residents of the Village of Dunbmion 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 pap\.l 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 Dunbart(',n 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 Inake 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. 32'07 J ~-'\ Ar'tt\f.:Hr,)]ET~r#:::..:- "0 ._ 1. . r INa::o,:re1" ""f'f"", V0"'.:f''C'.''.u I )'C,'~ ~ ' ~\,fib<;'\ ' h.Jd r(fkS""';('( ~ ';'~ I - -- / , 7 5 ", "'-' \.. 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 railIine 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 abenation 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 eN rail line. A"li""l'.I\f"H~..W~~iC~,,,, :5 ''If'1'll 1", ~ ; r\J ,:t':lz,;"._,~'i; ~ 'U'.C:~' Y 7 /' jD ll~7 . Environment, Tree and \Vatercourse Protection -0 <:.. r-~LP'fJFr{ # 1.1 t'y; \ \ \ \\ \ \. \ I r- -' j \ \ I . \. \\ \ 'I : I ; '\ \\ I '\.:-.:~~ I \~.' 1/' J ,I I . . "\- / I \1 I', . I, \ I \ \1 ., .).,l II j ii>\\\( '. \~/ ! ~ - -, -~ . '''1 . I' \. \~'~" ~ f-=:::~~~ ~,._- . '-'J':"" ,\,,,,, / I ..' I: . " I \ ','" ~ l . ", '\ : . . "'~-- ---:-:---:-1-.. .'. ~. ./ ,l\. \/~~~ ----\J~~~~>1~!0:~~~~:~-~~ /~ \,' \ i r. _~~~SE.;!!. ')}_\(:<s- :n=~=~~~:==~~ .Y"" '..~_~~_../-"'~....-' "'-. ,~?;~~." .- , \' ---- "-, -' , --,"_';' \\::,.\."'-: ./.-_..----- ~~..,.y"..----..--~' """.. ~ IA \..,- \ ," --~... ~,.'.~~-.:::~~:::::-__,,---/--- ~---- ~':-', ....'.. c"" ,., 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. 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..." 2 32. -07 I ""il"'l"'~I"H~U~!\IT,It.) 1.'~ ''''U ~kV{'l; .;.,.lli,.."J>.l ti<",.o~_""" U , I I.' ',(..; ;:;~jcCin tj!. _) c v' ""1 f-'" , I ,,' ! i~('.'}':'~fr'\ "I'..'.' .......,_.0:.'..' ' ..)./ ;~~_::w':.'':: ";:'::_~':~ j~:.~'. ,:Ii..".,.......'...~ !h" !' f:':~,:';:,<:',\'" . . ;.. 'f . "~;;.':::'.~c . ..,,;;. ., Pictures of the zero lot line issue .]\10st 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 struct1lfes. 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 loads. 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. 2 , ., .Pla~~ing and Design c~m,~~\nEN'fiL_.~~TO .~2-~,~, "j () l"I1:"'''i\~f\''"'it'',;.\ tj\:~}."""r>',1i I,) { ~ 1~lnJrl!.ii1Jl?1.~ ~~~.~1ij ~ \r.&"'~ ~" to ~ .t~ 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 quiet 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. 7 32-0) ~:. 0 '.-' ,/ Socially FiL.T:.{)~x~\' tJ ,'."',') ,"') L->~;i . It is appropriate that the City take steps to protect the residential nature of the Dunbarton Village and support the wishes of the maj ority 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 68106 has not owned the site for any length oftime 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. " , 4('] u ) ATI;,~m-1MEN'f#,,~m " . ~... I ~)('f,: ,#, ---,',. '" ~~ rlCiFRiNG PL>\J'J'NlL'JG &. DEVELOPMENT DF.PARTMENT Department 905.42tJ,~617 F~~imil~ 905.410,7648 pl.1n&devl@city pick.uing.on.~ F"'I'J ny ~. ,- 1 .:',u"rin;j Civlc Cllmpl, One The Esplana.J Pickering, OntiJri Clll'lada LlV 6K Di1-c:t kCe55 905,4.20.466 Toll m'1:: 1.86",683,276 cityofpickering.con Attachment #4 February 8. 2008 -':0 Property Owner/Resident: Subject: . Dunbarton Village Zoning Review . Public Consultation Meeting. The City of Pickering is currently reviewing the zoning farthe historical Village of Dunbarton in the City of Pickering. It is anticipated that a City initiat.ed 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 of Dunbarton. ' .' In orderJo initiate this project the Planning & Developm~nt Department is. hosting a public consultation meeting'to receive inp'ut from the, area residents on 'the zoning'ofthe . Dunbarton Village. You are therefore invited to' attend the following meeting: , '. , Date: Time: . Place: FebruarY 26, 2008 7:00pm . '... '. : . Dunbarton United Church, 1 066 Dunba~on Road, Pickering . .' , , "Thesubjet.t lands are general.lylocated north of Kingston ROad, west ofDixieHoadand . east' of.the DunbartonCreek. The subject lands are located on Dunbarton Road. . The' lands are within the Dunbarton Neighb.ourhood. Lands within' Dunba'rtori Village currently have a variety of zoning (see Attachment #1). The' majqrity of the properties were zoned with the adoption of the original Zoning By-law 3036 which was passed by '. Council and app.roved by ~he Ontario MunicipalBoard in 1966. For further information, 'pleasecontact me at 905.420~4660 extension 2034, or by email . at rpym(Wcit'{.pickerinQ.on.ca: . ....YO/?lrUIY~ 'K~.~ Ross Pym, MCIP, RPP . '. Principal Planner - Development Review RP:jf . . rpI~.. '~atr1",...,.."" "m"'fIg Attachment (see reverse) FEB-19-2008 14:43 905 420 7648 98% P.02 .-- .; ;2- TO_, ..' c 'rc~~r~~);;~:V\j\~~(;r~~ Ft~0"'Of~~h'tI. In) -(<'(-:" .". '1 Ll , CITY OF PICKERING DUNBARTON VILLAGE ZONING REVIEW Public Workshop February 26, 2008 SIGN-IN SHEET NAME ADDRESS ..... ,,(' <- (I" , ,/J <- '" ,; _, .c"'~' /'1.4- ,""" " t..--: c' :::;; ~'. -. /.0. . ..c ~L) ';: t) I ( I lv' ~) (' I " I'\!J'v '.~.i'l> .: ib0 (,.1" Zrh ( r u " - 'n ( l.' .' fC't::- ) , ') ) 1.:) I/r" ~LJ Of\((r,St \R i/ I'll jj I1~TU It) f( L i'i\:'''" )f I) ,. t., ,,', !" \,.,.^'-'V"\. t:) "'-','- I "I, I h L:C I / Di) /'vbc(/~r?J/V' i t\ ' Jt h^'.1 /,d C,1 ,"'\.' \.4.-'t I ~ II -('. n"ll d.,; (/,,'-;7 ! i;;: t,. { /-1 e,.. -1/.,1" t-k. (,":C./.J /' f)'Y'v. :e.. L,/ ~' \- . . ) ,r :- J, / .' I,...-!..."..." . "\"; :;'t"\ " .<. ('K t",. D ~"-<. /(; Lf{ {)".~ &.!rh", 1 td L J \,/- I Gf 8 ..1 . ,.(", R,iC;1{i#. L) C (T I 42 CITY OF PICKERING DUNBARTON VILLAGE ZONING REVIEW Public Workshop February 26, 2008 SIGN-IN SHEET NAME ADDRESS " \' ,.. , ",'<'", '( (I i~' i< tt Ii: I')L(.LAl. (< '.' C " i)!( ~{ 7. IN C c:rsf- r.. . ,t: C k " L VI vi !\ _1 l/Ii:1JV /1 g;;'u7'- ({C'l-V f( I) ! f "J / (I / (,.1' I~ ,( Ii t' Ci r '{ ) Ii P fic, ?~() r I) .e. /v', (f", ;. l1{t',,) & it{ .~alJ~ (~ - f\) rl / <Ji Q,Ct \. / <) /O,,/,,/ -117t)j "1 I ,D ,! G ):J llJ I t....GV Ct9-J ~ 02. y f.A/'f /1 c'E6 6112--1 4 (v1.'/ 1~/~{f.yi/2A'Y /~ '- ( (.'-'; T7"'n-' i(\/,'-!l ~. '" I ' JIU .!I.I/ (J v IGf (III ]/...[, '(:),1,) r~((C"''Jr-.i -FiT ill.{'>C.,.t.'r l;,j\'CC{) CV"'PC",I {/ ",)''/...1.-. I u <; ("=t" ' ') t. r-1c) ,,"R (A ~ \ V l \~ I , ,; <:, ,; \ '~r.j ~) (-""t<'" <..) '0 L \ vi i c/t J (i 0 (, l').J.J v"j/ .* ~ I "';-) '- c' : \:)r{'" -'.j l, (,. 'cel. \-, ' \ f\ (.{ ,,\ ~ I (\.., {'" -...' /~ : J. ,,(\) I,...',; c.L,vr '. j\"l"'fl'rl.!~~r;v'r, ,u_ T^ "'H~"',A...."~.,,, fr,.,.,_~. V - ,C "!'~"""""'i""""'C" ""';',n",>, a I ) -[y) ~~~V"'\ir'i;'dlt.'H c 1,"';l \f~~;~~-(;L i ~ 'it.. - .- /1 'Z (i ,) CITY OF PICKERING DUNBARTON VILLAGE ZONING REVIEV\R E eEl V ED Public Workshop February 26, 2008 FEB 2 9 2008 COMMENT SHEET CITY OF PICKERING PLANNING & 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. o ~ a~ 'fcJCcncJUo.A '{- --9 ~cLicJ ~ ~O~::'I~ m\~ c\\-'0::4 WCJ:/J \-uid on ~t .J("joJ, ~ Q~ ~j(0ULA.(\j ,--,r(r~)Q/zd. '\0 ~ f ~ c 6~ Y\O~ ~. ~ '+' ~O-A'd Wh~ ~ C?'\GUAf (l\. ~S1eJL\ c~ /)0. (I q Ji~ /:i) l/ )'PI A\.Jl". 6 ~ _'-'..JI...J'" ..J-J GAl?" J CAfY'\ o.\~~ ~ ~ 0~N~ 3~J OJ) \\~./~-uJL~'\C..Q11 (O/V\ AcA 0J~ ~c:C:IO l.lU'j / Dv::A I, 9 G-(V\. \)OJ.-V\ (-G(\U2/lnud ~ 0JJ~fv\'\'\~"d \ -~ ) :)0 - ,30 r-b).(\ \~~ U Dl ~,j ~ bLuJ~ ~ r/.-JAYGlJ ~ lI\Jj \\OQ~ G--~~J~I/. g Lr\C00 ~~ , ~ \ - c.~n~~u;I'/'ieiA S\r\~/~c- ~ccJd ~ CZLA(Xfirrf) ____9 \.)0 ~ll \ \ Q~ (\ G (0 :9 ~ n Qpj (\haJJ (Y\. ~ \lAo~,rd~ \!~ \JjOl~C~ clQrLQ(~ ~J 3 ..~-tA ~ \-ecA ~ ,_O-e W Ml ""~ + r+- LJJ(L, NJ/x-J- o\our ~ ()\. S 'r\ c~ ~ ~ ~ ""~\ L~'~ h~ 0~ DuO\b~)- c\- c~ 1 r\sLQcL ~ bz (\~ ~ d ch -r -f 01.-tfrYl J ~C1V\- G ~____ J\.JW \ ~\ ~ ~ClI.:L)} w~ h~ ~ , ,If 1 ' (1. i I ' ) ':'"T'CHMFJ,>['T~L~,::...,,:TO? , ,. ( .. I', C /") ~o::r-'": -.' ~,. 0~1j~W h,~ O:J bWcoJl \/cU-t.u ~ O\:~QMO _ .9 ~ ~L0 ~ \0\ ~ ~\rn6'-lf1-.'1 fc^,- ~{\' s- 'S''0--fu tfM'( ~6~ ~ ~bc'~1r\ oj ffi'1 S~e.e t ~ ~ \~QQ'5 ~A' J- WG-~wot 0-\ ~J-lln~ ~mfL CJQuf\ ~ 1Uf/~d W~ ~ G" ~y- i - {J\e)C ~. GJ..J2.. {VCU - rnWJ'lJ II. Ll Y\ 6Ao.Jo D:0 ~ QM o-~ d MS,G ~ n\. c1 CWr'\ \ Wt W ~ V\JLlS-Ul ~CJi..A,e Q,rn } ~t \-]07 Lf '-'--'J W\2. ~ c4~--rccr"d {- N[}q 0/1~1J'] ~cA ~ --\ L\./LLI ~ oJl--1ClV) 0 lJA ~ o::JJ I\.A " \0 t C oJ. b LAA J c-0" nor r JLt Ci/.lR LO fL--M' 1l LeI ~ IUvf LW ~ CI\ \~o't <Y~ (J C\JA r l CU\~D - S'i " CSucM.. '? _ :9~ R: cJ..~ . . ) ATIflcCH~.p;r~tr# .~.!...".,.O I j ()r:.' f# Page I of I , I: ',f ,) 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 06,20081:00 PM To: Pym, Ross Subject: Dunbarton Village Zoning Review Dear Ross Pym, My wife and I have been in the Dayeare 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 L IV 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 emaiJ and destroy the original message and all copies. ************************************************************************************ 3/6/2008 ..1 ?. I_~ \.) """1''''Llq~,.~~!4'',\,) TO PH !nvnh!..,~; I ..._r,.~.~._...,... ........, J / 'r.. <;> HU{),-.i ft._ I) - Page 1 of2 Dave Yauk From: Pym. Ross{rpym@city.p<:kenng,Ofl.ca] Sent: Thursday. Marcl1 06. 2008 11 02 AM To: Peter Cheatley, yauk@mshplan.ca SUbject: FW Dunbarton Village Comments received on the proposed zoning review Thanks Ross Pym Principal Planner - Development Review Planmng & Development Department City of Plckenng Direct Dial 905420.4660 exl. 2034 Toll Free 1.006 6832760 FaCSimile 905.420.7648 email rpYI1l@cjty_plckering,on,G:B Websde. cityofplckenng.com from; Dickerson, Doug, Coondllo< Sent: Sunday, March 02,2008 11:10 AM To; Mclean, Bill, CO'-"ollo<; Boyd Penny CC; Michaud, Renee; Pym, Ross; Taylor, Lynda; Carroll, Neil SUbject RE: Dunbarton ViIl"9<' HI Boyd. Thank you for your well though1 out beliefs and concerns 1 especially wish to say "hanks" for your comments respecting your own property You are correct in that you probably have the masl to loose following re-zoning to Residential of your personal property That is also very generous of you to agree to thai on behalf of your l161ghbours And, speaktng pefsonally, I agree wlth your comnents respectlng a '1lemage distnt.1" designation It might also be useful If you woukj pass your comments on to Rick and Bonnie for their notes Pe~onal Regards, Doug From; McLean, Bill, Councillor Sent: 5013/1/200812:17 PM To; Boyd Penny; Dickerson, Doug, Coonclllar Cc; Michaud, Renee SUbject; RE: Dunbarton Village Thank you for your comments, I will forward thiS to planning from: Boyd Penny [mailto:b,penny@sympalico,ca] Sent: Sal 01/03/2008 11:07 AM To: Dickerson, Doug, Councillor; Mclean, Bill, Councillor Subject; Dunbarton Vil~ 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 neighbourl1ood. And it should remain resldenliat 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 far 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 far 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 earned out by the owner(s) and occupants of the residence. We believe these regulations 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 special status and become a "destination" within PIckering, similar to that of the bottom of Liverpool. We do not believe this to be practocal or realistiC. VVhile the Liverpool setting had space (acres) to develop and accommodate new bUSinesses, parking, an eXisting restaurant. a manne, a well funded 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 tea room, antique store, or similar enterpnse. There is no other area to expand. There are no ather areas of Interest There is already limited parking. VVhile Dunbarton 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 "ather 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 II faces today: an aggressive entrepreneur who blatantly and flagrantly ignores the laws of the City and the wishes of his/her neighbaurs. 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 far residential purposes but far 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 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 andlor owner of a home in the Village IS irrelevant The nature of 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 constnctlve and remove many rights and pnvlleges that ordinarily come with home 3/6/2008 "~l ,''''qr~f'~''1.r# TO 1'~. ~,y\,;"t{~,"'k~,,~t"\;" .,.>:~ ',( "l';'~',f\,,:' '.IS I" ) t\i.J ",-}U~N ..i".~ ownership I ask that you please forward this to the Plannong Department Again, I would like to thank you for soliciting our input and giving consideration to our wishes Boyd and Nancy Penny 1062 Dunbarton Rd -C,y Page2of2 ............................... "'.. '" "'.......... '" '" '" '" "'.... "'............................ "'.................................................... .......... "'..... "'...... '" "'............................".................... "'...................... "'.............................. lbis electronic message and all contents contain information from which may be privileged, confidential or utherwise protected from disclosure. If you are not the intended recipient or tm: person responsible for dellVenng the e-mail to the intended rec,pient, any disclosure, copy, dIStribution or use of the contents of this message is prohibited If you have received thIs electromc message In error, please notiry the sender immediately by return email and destroy the original message and all C<lpies .......................... "'.......... "'............................................................... "'.... ill........ "'......... "'................................................................................................................................................................................ 3/6/2008 Ii '--7 ,:{< :; T^ .--- OJ ,2 _ ,') fLL) (y,: 4 g ~6 27/~o 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 Rambleberry 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 Yani John Lynn ", ", T1'l. . ;"..;..._ v ':..:. .' (j R,}{h,," #. I ) '(/(/ /1 Q ,+ -' 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 L 1V 6K7. C L "-~ /~( 10-6(( Ie' ( ~ ~ k Lv 0G\.-(~ ck i.-~ lvLlcG ! \ c~ul\ l'\A (UIA 'd"DL ~~ \0 Tlr, vi 'iJU.. tJ'\l ~ ~ ~" flGr ~Gl~ \~1 v\U:L\ 0-,\. Q ClJ-f' ~~\'V'\l't, \J'i'- ~Clc~ .../ L( )V/J ~ike ./\ / ~Jli>~U\ < , ..L,.TO , . ft_I)DY' .: .' 5 [I 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 L 1V 6K7. I......... /j ( /1_ ,.-L/) C Z{!;',''l <C;:r' !i '--. I v Iv l r~~, 1 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 L 1V 6K7. tJ fr17, \ - ,. -. 7 ).,'" ~., J," _ ' It-i~ _<, t .( l.l4 e0 -c;/ 4c' I. ; c/ ;) .) 0' ~-(~ //)/'Tr::', // /~~/. , / Ii 'I. j ."",_..10 ,~, . r. ~L' ~(/; 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 fayade 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 .",,)..,.10 I ~- ,-,C;: #. -, '-, C" z ,) From: Harold & Phyllis QUinton [mailto:hpquinton@sympatico.ca) Sent: Monday, March 24, 200811:47 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 l1V 5X6 March 24,2008 Ross Pym Planning Department City of Pickering One Esplanade Pickering, Ontario L 1V 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. I 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 born 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 4 - /" ')C'D 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 '7 ;2.. .1'0 ~! I ~~) .'R"-- I c-;..~ L L; [ ,) From: Erwin Hoerdt [mailto:erwin.hoerdt@sympatico.ca] 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 L 1 V 6K 7 Cc Doug Dickerson, cc Bill McLean Re: Public Workshop, February 26, 2008, City of Pickering/ Dunbarton 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 ofDunbarton. 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 survIvmg. 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. :~) 6 .~ 1'0 , ~,-" . . I ..:..A.....,.) .(, L,"'; , A> ~.' .,' 'ir,,-,w 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 ..) '7 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: 1. SCHEDULE I 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. ') t, , <_..TO 4{;';)f(< ~i""._ . ~ L' 4. DEFINITIONS 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 dctached dwclling on the lot. 5. PROVISIONS (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 TO ) ,,!!,,", .u (~. /y ~t..~ . ~. ~ \,., . 9 (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 m (iii) FRONT YARD DEPTH (minimum): 3.0 m (iv) INTERIOR SIDE YARD WIDTH (minimum): 1.2 m, on one side, and 0.6 m 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 m (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 t~Tl~t' ;1. {') C y^' "1 6 l) (x) SPECIAL REGULATIONS: all accessory buildings which are not part of the main dwelling shall be erected not less than 1.0 m 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 1 062 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 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. 8. ENFORCEMENT 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. BY-LA W read a first, second and third time and finally passed this day of , 2008. Mavor "' Clerk 6 1 /-j ,;::-~, 30 . -' ,_ , (~ !! I ~)( ,f III "'_.:;;"!L- 62 DUNBAR TON UNITED CHURCH C.N.R. SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2008 ~Q 6 ROAD 0:: z o l- n:: <( co z ::) o I MAYOR CLERI< t;n:<\CHMENT#.!L.- TO "~''''V''''.h ".-'f)'" 15rr""'l"""B",i".!I /3-08 ,....~ ;J'l~~ h,.,H, ~ h ~\lJ ttlt:rvn ~ w: Pym, Ross From: Sent: To: Boyd Penny Thursday, June 12, 20084:17 PM Pym, Ross 6,3 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 (eg. 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 A??~A~!a9~~~~ II ~ H~ 1>'\;".!\Ji,\;;;,'\l i V?~V'" J.. '2 (jR INFCfI.Mi\T;:e'!l\I19E1:JOfIT# U - .. / i1 1::) <+ 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 tea room, 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 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 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 Dunbartofl, 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 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. Citq (/~ REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PO 21-08 Date: July 7, 2008 I::' r::; '..) "'-" From: Neil Carroll Director, Planning & Development Subject: Landford Dixie South Ltd. Plan of Subdivision 40M-1706 Cougs Investments Ltd. Plan of Subdivision 40M-1713 Garthwood Homes Ltd. Plan of Subdivision 40M-1719 Garthwood Homes Ltd. Plan of Subdivision 40M-1727 Keleck Investments (Pickering) Incorporated Plan of Subdivision 40M-1728 Final Assumption of Plans of Subdivision Recommendation: 1. That Report PO 21-08 of the Director, Planning & Development regarding the Final Assumption of Plans of Subdivision 40M-1706, 40M-1713, 40M-1719, 40M-1727 and 40M-1728 be received; 2. That the highway being Windgrove Square within Plan 40M-1706 be assumed for public use; 3. That the highway being Amberwood Crescent within Plan 40M-1713 be assumed for public use; 4. That the highway being Pine Grove Avenue within Plan 40M-1719 be assumed for public use; 5. That the highways being Meldron Drive and Sandhurst Crescent within Plans 40M-1727 and 40M-1728 be assumed for public use; 6. That the services required by the Subdivision Agreements relating to Plans 40M-1706, 40M-1713, 40M-1719, 40M-1727 and 40M-1728, are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except from Block 46, Plan 40M-1706 and Block 18, Plan 40M-1728; Report PO 21-08 July 7, 2008 Subject: Final Assumption of Plans of Subdivision - ~ 40M-1706, 40M-1713, 40M-1719, 40M-1727 and 40M-1728 :~.) b Page 2 7. That the Subdivision Agreements and any amendments thereto relating to Plans 40M-1706, 40M-1713, 40M-1719, 40M-1727 and 40M-1728, be released and removed from title; and 8. That Council enact a By-law to dedicate Block 45, Plan 40M-1706 as public highway. Executive Summary: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1706, 40M-1713, 40M-1719, 40M-1727 and 40M-1728. As all works and services within these plans have been completed to the satisfaction of City staff, it is appropriate to assume the roads and services within these plans under the jurisdiction of the City and release the developers from the provisions of the Subdivision Agreements. Financial Implications: There are no new financial implications to the City as a result of this recommendation. Sustainability Implications: The final assumption of these plans of subdivision is an administrative process that legally concludes the City's acquisition of necessary roads and other infrastructure. It does not directly impact the City's sustainability initiatives. Background: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1706, 40M-1713, 40M-1719, 40M-1727 and 40M-1728. As the developers have now completed all works and services to the satisfaction of City staff, it is appropriate to assume the roads and services within these Plans, save and except from Reserve Block 46, Plan 40M-1706 and Reserve Block 18, Plan 40M-1728. Further, it is also appropriate to release the developers from the provisions of their respective Agreements with the City, as follows: 1 . Plan 40M-1706 Subdivision Agreement dated May 4, 1992 and registered as Instrument No. LT618179; 2. Plan 40M-1713 Subdivision Agreement dated May 4, 1992 and registered as Instrument No. L T629293; Report PO 21-08 July 7, 2008 Subject: Final Assumption of Plans of Subdivision 40M-1706, 40M-1713, 40M-1719, 40M-1727 and 40M-1728 Page 3 ;:; '7 3. Plan 40M-1719 Subdivision Agreement dated April 19, 1993, registered as Instrument No. LT651757 and the Amending Subdivision Agreement dated August 1, 1997, registered as Instrument No. L T822489; 4. Plan 40M-1727 Subdivision Agreement dated October 5, 1992 and registered as Instrument No. LT650561;and 5. Plan 40M-1728 Subdivision Agreement dated October 5, 1992 and registered as Instrument No. L T651777. Attachments: 1 . Location Map - Plan 40M-1706 2. Location Map - Plan 40M-1713 3. Location Map - Plan 40M-1719 4. Location Map - Plan 40M-1727 5. Location Map - Plan 40M-1728 6. Draft By-law to dedicate Block 45, Plan 40M-1706 as public highway Prepared By: Approved/Endorsed By: .") /J<' yjy~ Denise Bye, Supervisor Property & Development Services pp ng & Development DB:bg Copy: Chief Administrative Officer Recommended for the consideration of Pickering CitCocfnci!\ / ( ,/A-~ ..e.:----. -,! ( ,/It'/7 ~/ / j .' "j Report PO 21-08 July 7, 2008 Subject: Final Assumption of Plans of Subdivision 40M-1706, 40M-1713, 40M-1719, 40M-1727 and 40M-1728 Page 4 ;:.., >~ '~l \... Recommendation approved: {!-~:l=-~ -~-----.. I , / .....Ol~,:, C ~ _ L/.C:..............>t,..J ~ ~. _y)~v:,J~_) Chief Administrative Officer Director, Corporate Services & Treasurer Director, Office of Sustainability Director, Operations & Emergency Services Director, Planning & Development )v-\:,'(\ City Clerk '1 If I TO fOC :-11 _ v; (1 L' ,",.>,,~......~...L...~_....~..____, 69 " II II I~ 7 '\ ~~VMmEADDWIANE~_N ~8ER cou~~ D:"~ ~ C')" w ~ z_ - w;: x ~ -i r-------- 1----____ N is r- MAPLE GATE :fio/li) '--:-'- I T/ f- e-- I r-::: ItTRAILw~ t= tj ~ CRtf9: I-- U , ~ WE I-- (f) ________ "--- I-- ~r=---- 0 "--- ---- \ "" -- CEDARWOOD ~=== COURT I I RIGBY II RA NE SUC!'E ~T H ~S(]BaV/C-'ON YDRO ~"1. ~ ~~~r-- ~ ~\~--- '\ "~/:= L ~ == lIIJTr77 ~ f--.- I---- - HARVE --.....S -.. _ CRESctN-- f-- t--- _ r-::-:r=I ~ ~ MAN ~~ r-.,~~r-,r\~ D SQUARE == = L::J =~ '-- FFlJJ]/ELQSTONE1 BRAMBL[W '\ *' r-,J \ ~ / - - 0... -f---- 0 CRr 0 ~ r--, <( -f---- ;;';I 0- 1111 / :"- < -- 0 \ ~ COLONIAL-.J~ I II fTlh1N~t:- - E ESCENT 1\ t tmr-r.2.r~REET MAPLE RIDGE DRIWJ-I ~'" MAPLE I I I I 'r-~ 0 I I f- I .-----' veLie l....J <( I c..------ i::JHTS - BENTON '(------- ~ ~ t--J...-----i ________ ~ ~ iL ~c t=:: == r--] /' PEBBLESTONE}--- ~r \ l ',-,-1 f-- - - t ~t==V / '-- f------ - u BU I--- '-- - 0 W f- / '-- f---- - r e-- 1---_ II T I --LL - - === 0:: ~'--- - fTl tj~ I wHir ~ f'-...ar -=- == == ~ w_ - - - ~ e--- ""\ _ f-----..-. - _ 0 5:::: - _ - W f---- '- "" e------1 - - - W ~ - CRES. ;:a - 5 f---- ~y -----1 - - - u - 6 e--- - 0 e-- - == === == ST Ie-MC 1L (.) f---- -----' _;:a - =---= ~ ~, fTl-_w - < - ==;:=.==- r - JOGUES - l- e-- fTl - ==== == ST. ISAAC SEPARATE - (3 - r---- =-------:: f---- JOGUES SCHOOL _ 2-Jj \\ES ~ ~ ~ 1 I ~~ ~:i:~g~ == ~ r"7 ~1 FINCH AVENUE Flr:EHAL~ FINCH AVENUE_ ~\J( CORRIDOR '\ ~~\ 111I I$\~ HLrCESTER f~J~ II ~{ I I City of Pickering PROPERTY DESCRIPTION 40M-1706 Planning & Development Department OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION DATE JAN. 18, 2008 DRAWN BY JB SCALE 1 :5000 CHECKED BY DB l' Ii o 0 ~ources: 8- Teronet EntorpriSCII Inc. and its suppliers. All rights Reserved. Not 0 plan of survey. o 2005 MPAC ond its suppliers. All rights Reserved. Not c plan of Survey. PN-12 7D T:'j .2 TO P[;_c,,~ I - ~~ ...:;; l j, PUBLIC SCHOOL ~ffino ~~ ~~ F ~ -~ /jW! 0 == 0 :::=.- ::0 I 0': _r r--:l:: _^ \--r ~ SQUARE FLAVELLE COURT '- A MBERLEA // I II\~ II PARK ~ j /~ r-.J 'r / -........( '--LJ. &"l ~ - I f--- ~ r...,}'F'I[; I /== tJ;: WC-- _I -......,) (0 ~ BRAEBURN ',...--- 0 0-: ,.--....... ST. -;;: <t_ 0-..., ~ 5 - I- - o-==~ Ul ~- - L;:g- CD _ -j- ~ ~g ~ ~=~;= V" ~ tf/ ! (~M ~ :::;;; / COURT ~ WMARK~ rl ( X/..::'AIL 10 WEYBURN p~C:= \\ 1--\ ~ g I I- i3- ~ SQUARE g !z - ~~\_ I ~- es~ ~ ~ '-~- URIERI~;=lom -i 5 = i := SQUARE ) - 1-- i3- u- Ul_ ~- u- - ~ANK RVOIR D C.N.R. - 1-- L I D -- AVENUE ~~~8-'- I ~ -< DRIVE ~=( ~ /17 ===1" I- I--- DUNBARTON~ / ~ ~ == SWIMMING POOL ~\ \ t= 8~ = SUNDOWN DAYLIGHT A~ I ~ ~ \ CATTAIL~ 7 ~ k " \ , PLACE RAINY 1~ City of Pickering PROPERTY DESCRIPTION 40M-1713 OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION DUNBAR TON HIGH SCHOOL DUNFAIR STREET ~~~~ - ) '-" /\\\\ ~ ::=: - ~r;f- - ~ of- - I--- 0 '--- == ~- -~'-- jTj- == iY ::;:- -0_ - == 1--- f--- _- f--- - - ~ =f-j AV ~ =/ /7 ~ / - - f---- - == ~E - 1- -~ 0== -0 0_ - 01---1-- [0_ ==gs ~- - >- fTl- f---O- ;:o- r--- <t - uj- f--- I - f--- Ul _ - - ----' - f== CO ;::= =//7 - - / I S ~ II \ SHA TOT Lrr , I LJ I SHEPPARD \ 0 <t o 0-: ... - '\ r , ( , ~ ...n, ~--C:;' !-- > -' CD <t f- -' W o Planning & Development Department DATE MAY 5,2008 SCALE 1 :5000 ~'a a ::sources: Teranet Enlerpril'Ses Inc. and its suppliera. All rights Reserved. Not 0 plan of survey. 2005 MPAC ond its suppliers. All rights Reserved. Not 0 pion of Survey. DRAWN BY JB CHECKED BY DB l' PN-6 ~ ~c roREST __ /" iI~-H /" ~ RO\'JGS ~ ~ ---\ 0 ----j 0 ---r 0 - ~ ---\ CRESCENT J//; II I I PINE I / o --<\)\<- '0 'r- W :::J Z ~ I <( I ~ \illR~~ ~~ ) ~ /~ ~~ I _7 I [ <( - =- 14 ~=:: MELDRON .- - ~ J 00 ~..-r / _ :J- -:--L 0 I - , ;0 0 c--- ;;; Z r---- ~ SANDHUR~ HI <!i r---- ~\j rTl771 "- - --- ~ . ~:~\r_E~ 1\ ~;~~ '&(~~iLD -~l w /!!!l ~ 0= \ AVENUE ---------1\ / = ~ r= -~ /- / == ~ c- = "rTIfr ~~QUIL CRT J" ~ llID CL -( ( ==tJ -/ SQUARE B= -~=il ~~ ~ WESTCREEK ~DRIVE ~ I ~~ ~ WESTCREEK 'ALLEYVIJ\ ~ PUBLIC SCHOOL PARK - '\ T GROVE _w > - CL I-- o I-- - '------'-< o o o ~ ~ u o CL~ -w \~=3 > <( w :?: I CL 0 PROHILL ST. 0 0 w 0 > ~ 0 ~ CL U l.') 0 CL ,..-.., :5 ,) 1- 0<;; ~ ?-\VO?- CO?: ,-1 - I I - - - - - - Z=~ CL :J Q) ~ <( o '7 1 / ~~ ~ rffiL ~ 1-t0MMI J L SP~ ~ =r \ \ ,1-- 7/'-:SUTIERNUT CRT.,/!!!7 STREET / I~ I - ~ w- > -----, ( f--- I C2 S'R CL f--- 0 r---f r---!:i..J Of---- f---I :\ /-....... Planning & Development Department DATE MAY 5,2008 SCALE 1 :5000 DRAWN BY JB CHECKED BY DB w Z [l l City of Pickering PROPERTY DESCRIPTION 40M-1719 OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION o~o ::..ourC8!i1: a - Taronet Enterprises Inc. and its suppliers. All rights Reserved. Not 0 pion of survey. 15 2005 MPAC and its suppliers. All ri9hts Reserved. Not 0 pion of Survey. l' PN-l0 0. BUTTERNUT CRTf1. ~ STREET '</ ~I~ ~Il~ I-- ~ WI-- I >1-- { ~ I - srROU r- (Y ~ I 15--1 I-- S' f-- -:::::: --I \ ~ Planning & Development Department r~' 2 ,I ... t ,;;, - tf:.;s ~ ?-\VO?- co~ I ~1\I k-\ L Vfj) ~~~. s~ -dr'mt \WL /~ ~~ ~~ I I ~ J::- - " j / - ( \\ '\ f-- == r;;;~s (f) \ \\\\\ f--- 00 ~~ III ~_ tO~EST --, " !!JJll == ~ ~ r- /' il5:-H -fTl <(r--- _\\CrV /' ~ 0GS W T ~ SANDHURST - (f) I-- \- ~ ~o 8 Cl?cs: 'PINE GROVE ~ ~ CRESCENT ~ - (Y 111&\ - ~ 1\ ~D /jj I ~; , ~ J I I T ~~H\ Z:e:::==~~"- PINE GROVE AVENUE Z~, /. = - ~\ I ~ - /- -=~~ == ~ ~: ~MrrmOK ~~QUll CRT J o urn (Ye---( ( g r==t;:; _/ SQUARE 0= ~ -~=J I 5:11~ (Y~ - (f)r- I J /\ \ ~ = ~ f-- WESTCREEK DRIVE ~ lYo~ I" = ~ WESTCREEK ~LLEYVIE'r\ 1 ( ~ == PUBUC SCHOOL PARK' '\ ~ PROHILL ST. _ - /' o ~Q'?- o 'L W ::J Z ~ I <( ------ w > o (Y l? o o o 5: y: u o IY (Y ::J rn y: <( o Z=~\ w Z [l I I City of Pickering PROPERTY DESCRIPTION 40M-1727 OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION DATE MAY 5,2008 SCALE 1 :5000 DRAWN BY JB CHECKED BY DB 01_0 :::'Ources; a - T.,r-onClt Enlcrpri:5i015 Inc. and its suppliers. All rights Reserved. Not a plan of survey. is 2005 MPAC and its suppliers. All rights Reserved. Not 0 pion of Survey. / 0 ~ <( 0 t, 0:: I SP~ <( Z 0 ~ f- -' <( ~ \ ~ \ l' PN-10 '7 -~ p ! , ~ / 0 ~ <{ 0 l cr ?-\\)o?- co~ I I ,(--f- J/ I -_ ~\~s .- (J) ~ ~.\J<'\~,\~;2r. -0 ~~ ~, ;0 01-- < Zr--- S SANDHUR~ ." ~ r--- r~\:j - LI?C.s:~ PINE GROVE ~ j-J. . = 1\ ~: / r~ i 0 _<t: ,-~w= ~~t==r\ :::- \ AVENUE Z --------~,l' ~= ~ / == ~ c-- ~ MffiTIK - ~T~QI~J ~ == tJ -V SQUARE ~ ~ ~~-y I ~ (J)~, I I t-- WESTCREEK ~DRIVE ~ -WlJ ~~ ~ = WESTCREEK 'ALLEYVIE \ ~ == PUBLIC SCHOOL PARK - - =~ Z (Y :::J m ~ <t: o v o --<Q?-- '0 ~ ~~ I ~ ffIItOREST ~I-- T- V :::s ROUGS ~ ---I 0 _ 0 - 0 - ~ ---I CRESCENT J/// II I I II PINE I ,~ GROVE W :::J Z W > <t: _W > -~- - - L--'-< D o o ~ ~ u o \~=~ ~ - f-----i w > (Y I D PROHILL SI- D 0 w 0 > ~ 0 ~ (Y u (::J 0 (Y .- 7/':. BUTTERNUT CRT"~ STREET ~I~ I LlJ 1 w- _ I fi- ( - (Y r-- D ----1 ~ _ ~ r- -== ----1 ~ <t: Z o t- -' <t: ~ ~ ~ \ w Z 0.. I City of Pickering PROPERTY DESCRIPTION 40M-1728 I I ~ ~ Planning & Development Department OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION DRAWN BY JB CHECKED BY DB DATE MAY 5,2008 SCALE 1 :5000 o a ~ou,.ces: Teronel Enterprises Inc. and its Suppliers. All dghts Reserved. Not 0 pion of survey. 2005 MPAC and its suppliers. All rights Reserved. Not 0 pion of Survey. l' PN.10 '7 4 tv ,.:;2 I Ul, THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to dedi Plan 40M-1706, Pickering as pu highway (Dixie Road). WHEREAS The Corporation of the City of Pickering is the owner of Block 45, Plan 40M-1706, Pickering and wishes to dedicate it as public highway. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. Block 45, Plan 40M-1706, Pickering, IS hereby dedicated as public highway. (Dixie Road) BY-LAW read a first, second and third time and finally passed this 14th day of July, 2008. David Ryan, Oebi A. Wilcox, City Clerk Roadded.496 REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PD 25-08 Date: July 7, 2008 75 From: Neil Carroll Director, Planning & Development SUBJECT: Zoning By-law Amendment Application A 9/08 Fairport Inc. 692, 700-702 Front Road (Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 9/08 submitted by Fairport Inc., on lands being Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65, City of Pickering, to amend the zoning to permit the development of the subject property for three detached dwelling units be approved as outlined in Appendix I to Report PD 25-08, and 2. Further, that the amending zoning by-law to implement Zoning By-law Amendment Application A 9/08, as set out in Appendix I to Report PD 25-08, be forwarded to City Council for enactment. Executive Summary: The applicant proposes to rezone the subject property for three detached dwelling lots, providing a minimum frontage of 10.3 metres. While the proposed infill project of creating three residential lots is considered appropriate land use, the frontage of the lots and the resulting structures need to be more reflective of the character of the area, therefore the recommendation is for lots having a minimum frontage of 15.0 metres. Approval of this application will establish a zoning for the subject property which will permit development that is compatible with the surrounding neighbourhood and conforms to the Pickering Official Plan. The proposed by-law contains performance standards for dwelling height, side yard widths and front yard depth to further assist with compatibility of the development. A future land severance application is anticipated for the proposed development. The City's development requirements will be addressed through the land severance application. Financial Implications: No direct costs to the City are anticipated as a result of the approval of zoning for three detached dwellings. Report PD 25-08 Date: July 7, 2008 Subject: Fairport Inc. (A 9/08) 7/ ,n Page 2 Sustainability Implications: This development proposal is an infill project that provides for residential intensification, makes efficient use of vacant lands, and takes advantage of existing infrastructure within the City's urban area. The proposed zoning will provide the opportunity to increase the residential density of the existing lot and will utilize existing services. The proposal generally represents a sustainable approach for the development of the subject lands. Background: 1.0 Introduction The owner of the subject property, Fairport Inc. proposes to develop the subject land at 692, 700-702 Front Road for three detached dwelling lots (see Location Map, Attachment #1). The three lots are proposed to be created through a future land severance process. The proposed lots include two smaller lots on the south end of the property and one larger lot on the northern end of the property. Only the larger northern lot is proposed to have water frontage on Frenchman's Bay (see Attachment #2). The two proposed southern dwellings have a proposed height of two storeys. 2.0 Comments Received 2.1 At the April 7, 2008 Public Information Meeting No public spoke in support or opposition to the application at the public meeting. (see text of Information Report and Meeting Minutes, Attachments #4 & #5) 2.2 Written Public Submissions on the Application Two written submissions were received from area residents. One resident expressed opposition related to environmental impacts on aquatic life and avian populations. It was stated that the proposed development will spoil the Frenchman's Bay waterfront. The other correspondence from the abutting property owners to the south noted their support for the proposed redevelopment of the site however, made the request that a minimum side yard width requirement of 1.5 metres be established (see Attachments #6 & #7). 2.3 Agency Comments Toronto and Region Conservation Authority - no objection to the land use, TRCA has reviewed and issued a permit for shoreline restoration works that addressed both slope stability and flooding hazard; further information will be required during any future development (see Attachment #8); Report PO 25-08 Date: July 7,2008 Subject: Fairport Inc. (A 9/08) Page 3 77 Region of Durham - the proposal is permitted by the policies of the Durham Region Official Plan; - municipal water supply and sanitary sewer services are available to the subject property; - the application has been screened in accordance with Provincial Interests and Delegated Review; - the subject property is within an area of limited transit service due to existing street widths and configuration (see Attachment #9 and #10); No other agency that provided comment has objection to the application. Certain technical issues and requirements related to the proposed use of the site will be addressed during the implementation process, should this application be approved. 3.0 Discussion 3.1 Proposed Lots Should Provide a Minimum Lot Frontage of 15.0 Metres to Ensure Compatibility with Neighbourhood Character The subject property is located along the west side of Front Road, north of Commerce Street. The surrounding area is generally zoned "R4" - Residential Zone, which requires lots to have a minimum 15.0 metre lot frontage and a minimum lot area of 460 square metres. The surrounding lotting pattern is generally reflective of this lot size and helps to establish the overall character of the neighbourhood. The other major contributor to the neighbourhood character is the housing stock in terms of size, style and massing. Generally, larger lots having a frontage of 15.0 metres support dwellings with a size and mass that is different from smaller size lots. Larger lots generally have a greater building separation and achieve an increased sense of "openness" between buildings. Two of the three new lots proposed by the applicant provide a lot frontage of 10.3 metres (perpendicular lot width of 9.6 metres) and do not match the general neighbourhood character. Further, the proposed dwellings on these two lots are 6.6 metres wide, which is more reflective of a townhouse dwelling unit width. The proposed third lot provides a width of 31.0 metres and a house width of 13.7 metres which is not comparable to other development the neighbourhood and certainly not comparable to the two proposed 6.6 metre wide dwellings. The proposed lots have an irregular lot shape. Therefore, the lot frontage (which is measured as a line parallel to the front lot line and 7.5 metres back from the front lot line) is slightly greater than the perpendicular lot width. As noted above, the applicant's two proposed lots provide a lot frontage of 10.3 metres and lot width of 9.6 metres. Staff recommendation of a minimum lot frontage of 15.0 metres will in fact produce lots having a width of 13.9 metres (see Attachment #3). Report PO 25-08 Date: July 7, 2008 Subject: Fairport Inc. (A 9/08) 'iB 3.2 Zoning Standards are Proposed that Ensure House Design is Compatible and Provides Appropriate Openness Page 4 The recommended zoning performance standards are ones that will maintain the character of the neighbourhood and try to ensure some degree of openness of the lots. As noted the minimum lot frontage of 15.0 metres is recommended along with a minimum lot area of 460 square metre. The minimum side yard width being proposed is 1.5 metres. This would provide a minimum of 3.0 metres between buildings thus creating some openness and possible view corridors from the street to Frenchman's Bay. Given the properties are next to Frenchman's Bay, a proposed maximum building height of 9.0 metres is being recommended. This height would allow a two storey house but would not allow an overly tall house to be constructed. A minimum front yard depth of 4.5 metres is proposed in order to allow the opportunity to bring the massing of the house forward on the lot to maximize the rear yard depth. The garage will be required to be set back a minimum of 6.0 metres from the front lot line, to accommodate vehicle parking in front of the garage. 3.3 Portion of Property is a Water lot and will be Zoned to Recognize Environmental Constraints The subject property is not restricted to the land area only. A portion of the subject property covers open water pf Frenchman's Bay. The portion of the lot that is not land is proposed to be zoned Open Space - Hazard Land to reflect the environmental constraints of activities on open water. 4.0 Technical Matters All Development Matters Concerning the City will be Addressed Through the Land Severance Process The applicant proposes to demolish the existing dwelling and sever the property into three lots for the construction of three new detached dwellings. In order to ensure appropriate development of the proposed lots, all requirements of the City will be included as conditions of approval for any associated land severance application. These conditions will address matters such as, but not limited to, grading & drainage, parkland dedication, and securities. The applicant intends to submit a severance application to the Region of Durham Land Division Committee should Council approve this application. 5.0 Applicant's Comments The applicant has been advised of the recommendations of this report. Report PO 25-08 Date: July 7, 2008 Subject: Fairport Inc. (A 9/08) Page 5 , I! I '7 q APPENDICES: APPENDIX I: Draft Zoning By-law Amendment Attachments: 1 . Location Map 2. Applicant's Conceptual Site Plan 3. Staff Recommended Plan 4. Text of Information Report No. 09-08 5. Minutes from April 7, 2008 Statutory Public Information Meeting 6. Resident Comment - B. Taylor 7. Resident Comment - K. D. Van Evans & W. E. Van Evans 8. Agency Comments - TRCA 9. Agency Comments - Region of Durham Planning Department 10. Agency Comments - Region of Durham Planning Department Prepared By: Approved/Endorsed By: ~R Ross Pym, MCIP, RPpi Principal Planner - Development Review " tl~~l'fP Neil Carroll,' OfP, RPP Director, Planning & Development I i RP:ld Attachments Copy: Chief Administrative Officer Directors Recommended for the consideration of Pickering C~ty Council / " /" -'-) ,.-\ (; lJ APPENDIX I TO REPORT PO 25-08 DRAFT IMPLEMENTING ZONING BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 9/08 THE CORPORATION OF THE CITY OF PICKERING 1 BY-LAW NO. ,. -1 {-~ I Being a By-law to amend ed Area Zoning By-law 2511, to implement the Offici' Plan of the City of Pickering, Region of Durham, Lot 9, Plan 917 and Part of Lots 8 & 9, Plan 65, in the City of Pickering. (A 9/08) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to amend the existing zoning of the subject lands to a residential zone in order to permit the establishment of three future residential lots for detached dwellings on the subject lands, being Lot 9, Plan 917 and Part of Lots 8 & 9, Plan 65, in the City of Pickering; AND WHEREAS an amendment to By-law 2511, 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 attached to this By-law 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 the City of Pickering, designated "R4-21" on Schedule I attached to this By-law. 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. 4. DEFINITIONS In this By-law, (1) (a) "Dwellinq" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwellinq Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; 82 - 2 - lIin Detached or Detached Dwellin " shall mean a single e ing which is freestanding, separate and detached from other main buildings or structures; (2) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; (3) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Frontaqe" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (4) (a) "Private Garaqe" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (5) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean ayard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; fl. A s1 Yard" shall mea-n 3a- yard of a lot extending from the front yard 8 3 flf' 0 the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankaqe Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankaqe Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) (a) Uses Permitted ("R4-21" Zone) No person shall, within the lands zoned "R4-21" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) detached dwelling residential use (b) Zone Requirements ("R4-21" Zone) No person shall within the lands designated "R4-21" 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 square metres; (ii) Lot Frontage 15.0 metres; (minimum): (iii) Front Yard Depth 4.5 metres; (minimum): (iv) Rear Yard Depth 7.5 metres; (minimum): (v) Side Yard Width 1.5 metres; (minimum): - 4- zj4 ,'" f' ftiJ BA (vii) Flankage Side Yard Width (minimum): Building Height (maximum): (viii) Garage Requirements minimum one private garage per lot attached to the main building and vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining or abutting on a reserve on the opposite side of the street; 2.7 metres; 9.0 metres; (ix) Garage Projection (maximum): 3.0 metres beyond the wall containing the main entrance to the dwelling unit; (x) Uncovered steps and 1.5 metres for any uncovered platform projection into steps and platform not exceeding rear yard (maximum) 2.0 metres in height; 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. Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. 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 ,2008. T Dave Ryan, Mayor Debi A. Wilcox, F.r........... <' .,""'"""" , ' , ' , ' : :__u___________nn , ' : I : ',:: : :: ::: \ "\ - -- - J __ _ __ _ ___ _l_ _ __ _ __~ __ _ _ ~ __,- n_~_ -- - -~- ---1- - - - -_ ____ _~_ _ _ _ _ __ __ _ _ __ _ _ _ ___ \ I I I I \ I I I I \ I I I I \ I I I I \ I I I I \ I I I I 1 I I I I \ I I I \ I I I l I I I I I I I \ I I I I I I I \ I I I I I I I 1 I I I I I I L___________________ I I I I I I I I I I I I I I I , I I I I I I I I I I 1 I I I I I I I' I \ I I I WATERPOINT STREET 46.9m E r-.. U1 '" 55.0m R4-21 E OS-HL U1 <Xl '" 84.2m 50.9m , ... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -1_ _ _ _ _ _ _ _ _ _ _ _ __: '1 ::::0 o Z -j -:D o d ~-- -- - - -- - -- -- - -- -- - -- -- - - - - -- - -- - -- - - - - - - - -- --- -- -- -- -- - - -- -- -- --- - -- - ---- FRENCHMANJS BAY SCHEDULE I TO BY- PASSED THIS DAY OF 2008 l' N :~ ' , ~.'.', \.1 ... - - -- - -- - -r -- - --- , , , , , , , , , , , n-----n-J1 , , , , , , , , , , , , , , , ~ ~ / " b I , 'i3-.:e 8 ~ ~~ uu __~ ~'v ~ ~-== " --~ ~~- '0'<' ~-~ J(;V c:=/}0 AVENUE I ~.- c-----~ _u~~~~ ~u~~ ---.-- ~-~-~----____~ _~~.=-= ~~---~-~-== ~rJJ1L U) > :::> -~=f~-::=~~ i~- --=-= ~ ~.~~~~ -=-~== g=-=:~=:~ L_ ~'),~ ~ _rJ:~~NINC__ :4,~" z ~- -- l>J:::l _ I 1 \1-----( - -- O:::uJ ~-'\:;: 1-- ~- ~-- tt=J ,I ~'l-~~ ~t' 1~41 ~1R~ ~ ._~ f-- WA TEi~~~~i---j ~--- .... OLD ORCHAI~D AVENUE I. MONICA COOK j I "J-~ ILONA PARK mHIJ ROAD ---== t- JJJL ~_./~ n~~rl'-' f--rtj-r IU ITr- SUBJECT PROPERTIES > -;Q o U FRENCHMAN'S City of Pickering OWNER PROPERTY DESCRIPTION FILE No. FAIRPORT INC. A 009/08 BAY ~~ ,,::=\ - Planning & Development Department PLAN M-917 LOT 9 & PLAN 65 LOT 9 & PLAN 65, PT LOT 8, 40R-8654 PART 1,2 DATE FEB 12,2008 SCALE 1 :5000 DRAWN BY JB CHECKED BY CP o. 0 ~ourceG Tcronct Entcrpri~e~ Inc. and its suppliers All right", Reserved. Not a plan of survey 2005 MPAC and it!!! suppliers All rights Reser~ed Not 0 plan of Survey PATN L .-= - -- - --- ~O_ ~<{- ~-O_ 0::: === - -- - - '- ~ - ._- -- ------ '\ / ..J o ~~ > _.Jtu dI I--~ I-- I-- ~- I---~ ~ - '-- -- - l' PN-3 FRENCHMAN'S BAY INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN A 09/08 - L. GRAY WATERPOINT STREET 43.0m PROPOSED LOT 3 PROPOSED LOT 2 BUILDING ENVELOPE ! E PROPOSED LOT ~ 1 " CI'I 45.6m $ ~{ 7 \,' I It :;0 o Z -\ :;0 o ):> o THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, MARCH 4, 2008 i ~J, .'''~ ;1<-"1';' \\t~ ",'\ .. ...~,!% "'\ "- ------~ \,r\ , '" \ '0 \~ ...~:,..,,,.. ATTACHMENT , REPORT' PO s TO ,51s' -OB ."... (~" M () STAFF RECOMMENDED PLAN A 09/08 - L. GRAY WATERPOINT STREET 43.0m . PROPOSED LOTt'BUIL~::~S ..1 L ENVEL~:~J _u,..', _ - - .. - - - . I ~ .,,4"') I aL or" - ;..-~, FRENCHMAN'S BAY ~,L _ I ->- C'! I M or-: I _ _ _ _ STAFF RECOMMENDED LOTS -n ;0 o Z -1 ;0 o ):> o ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, MARCH 4, 2008 4- I~~.: .-" ) "-- c.._- Citlf o~ ..- 0 K "; INFORMATION REPORT NO. 09-08 FOR PUBLIC INFORMATION MEETING OF April 7, 2008 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 9/08 Fairport Inc. Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65 Front Road City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject lands are located west of Front Road, with water frontage on Frenchman's Bay; a property location map is provided for reference (see Attachment #1); - the subject lands contain one detached dwelling that is proposed to be removed if this application is successful; part of the subject land is used for a boat storage business; - the topography of the lot is flat and the exist vegetation is typical urban residential landscape planting; - the surrounding land uses are: north - Waterpoint Street south - detached dwelling west - detached dwellings on the opposite side of Front Road east Frenchman's Bay 2.0 APPLICANT'S PROPOSAL - the applicant has submitted an application to amend the zoning by-law in order to facilitate a future severance to create two new lots for the construction of three detached dwellings; - the proposed lots frontages are 10.3 metres for two lots and 31.6 metres for the third lot (see Attachment #2 - Submitted Plan); - the actual lot width of the two small lots is 9.6 metres. Information Report No. 09-08 I I, . C) r~ / \.J 'f ,:I.::) Page 2 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan the Durham Regional Official Plan designates the subject lands as Greenland System Waterfront Areas, which are intended to be developed as people places; development shall not negatively impact key natural heritage or hydrologic features; Frenchman's Bay shore area is also designated as Waterfront Place which are intended to be developed as focal points; residential opportunities may be permitted and the scale of development shall be based on and reflect the characteristics of the Waterfront Place; 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 Open Space System - Marina Area; permissible uses within the Open Space System - Marina Area designation include, among others, limited residential uses in conjunction with marinas and yacht clubs; the Open Space System - Marina Area designation also permits existing lawful residential dwellings and a new residential dwelling on a vacant lot; the zoning of any lands designated Open Space System - Marina Area shall apply appropriate performance standards restrictions and provisions; the subject lands are within the Bay Ridges Neighbourhood of the Official Plan; - the application will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the application; 3.3 Zoning By-law 2511 the subject lands are currently zoned "R4" - Detached Dwelling Zone and (H)OB3 - Waterfront Zone by Zoning By-law 2511; the "R4" zoning permits one detached dwelling per lot on a lot having a minimum lot area of 460 square metres and a lot frontage of 15.0 metres; the (H)OB3 zoning permits yacht club, marinas and a variety of recreational uses, all without buildings until the holding provision is lifted; an amendment to the zoning by-law is required to implement the applicant's proposed development. 4.0 RE5UL 15 OF CIRCULA liON 4.1 Resident Comments - no resident comments have been received to date; Information Report No. 09-08 'I (0 Page 3 :) '1 4.2 Agency Comments no agency comments have been received to date; 4.3 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · ensuring that the proposed development is compatible with, and sensitive to, existing surrounding development; . ensuring that the proposed lotting size and resulting house sizes are compatible and comparable to surrounding lots; . given the surrounding residential area is predominantly zoned 'R4' which requires a minimum lot frontage of 15.0 metres, the need to establish a similar zoning for new lots to ensure the character of the area is maintained; . reviewing that adequate information has been provided, that technical requirements are met and that the proposed development is appropriate at this location; . reviewing the application in terms of its level of sustainable development components; 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. 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 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. Information Report No. 09-08 q? "" li._... /~. ~~,?~(,::-F::.,. Page 4 6.0 OTHER INFORMATION 6.1 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; 6.2 Information Received - 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/or technical reports will be determined through the review and circulation of the applicant's current proposal; 6.3 Owner I Applicant Information - the owner of the subject lands is Fairport Inc.; Lee Gray is the principal of Fairport Inc. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Ross Pym MCIP, RPP Principal Planner - Development Review Lynda Taylor, MCIP, RPP Manager, Development Review RP:ld Attachments Copy: Director, Planning & Development if ,') -/~ I \ j ,,?~-) ((c, APPENDIX NO. I TO INFORMATION REPORT NO. 09-08 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date 'j ,1 5 ! /) -, Excerpts from Planning & Development Committee Meeting Minutes Monday, April 7, 2008 7:30 pm - Council Chambers Chair: Councillor Littley (I) PART lA' - PLANNING INFORMATION MEETING 1. Information Report 09-08 Zoning By-law Amendment Application A 9/08 Fairport Inc. Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65 Front Road City of Pickerin~ A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to an application submitted by Fairport Inc. for property being composed of Lot 9, Plan 917 and Part of Lots 8 and 9, Plan 65 (Front Road). Lynda Taylor, Manager, Development Review, gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also noted that if a person or public body does not make oral or written submissions to the City before a by-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. Ross Pym, Principal Planner - Development Review, gave an overview of zoning amendment application A 9/08. Lee Gray, 693 Front Road the applicant, appeared before the Committee in support of zoning amendment application A 9/08. No members of the public in attendance at the public information meeting spoke in support or opposition to zoning amendment application A 09/08. 1 ilL ;"frn..~t',iS'.iRl-JoU/- -I ~...._u.. ... [IE h '( '; 'j 6/:7 < t:. ..~# /) r / ~u~xz./ k~-, - >~) X;;hU':!1 (2~~ ~/;V/ ;Vf' 1Jfz~ ;:. 7/;tX .z tit! f r. ;l.:. ._..~-" .- r''i ., ':::: D CITV ..,,,,,... :r"~. _ f-.' .,. _ ..'-" :," '. C. .i~"~ :: j ~~ ;\.;:t r-LAI'>lr,;,',. . '-'iEl.oPfyiENT DEPARTl\i~cNT ~.~ /d~~~~ /(:e ~~. ~ ,. t /J " . /!~;,t17t7l- <-7~~~~~~~~ :lP<~, v- <./~V ck ~~ "e'-h'/ I~"~-Lb de:w~-#~ r Yk</~~~Xe~ dft0?~.~, c12~bb1 ~4/ dk~.//~) .4 au- ,Iud :Z:-.fl?~' ~r,d~~ ~'.~ ',.1Li?/ C:~~.-a/. ~de~. ~.~. ~'. ' ~:zu/ ~~ ~ M~U-J"a::,~/v?~~/~ Jct~v4Pu/ ~.~//b/ ~;'7'~.b ~;/~~*.-/~z. ~/~~~~~vP<M~~ . . " UV?V d &/~~/ ~~~/'<<~ ~~C-..,.. JAj~:z~tfivv~~~~; " ~~~':!/~~#~::;. , ..~~~. J~v;~q/?r' 7 " \. ~ , ~ J/ 7 " .- 'f b . c. < '-.. April 7, 2008 Mr. & Mrs. W. Van Evans 690 Front Road Pickering, ON L 1 W 1 N8 q ~ ,. City of Pickering One The Esplande Pickering, ON LIV 6K7 FH,;!<ERING &. DEVELOP!vlENT GEP,l\p; rMENT Attention: Ross Pymm, Principal Planner and Debi A. Wilcox, City Clerk Re: Zoning By-Law Amendment Application A 009/08 Dear Sirs: You have asked for comments from affected parties regarding this application. As the owners of the adjacent property municipally known as 690 Front Road, Pickering, ON we would like to state that we are in favor of development of this property. The application shows side yard set backs of 1.52 meters or more. As the applicant has the ability to make these lots any size they choose we would like to see that this side yard set back is maintained at 1.52 meters. That would mean there would be no opportunity for a committee of adjustment hearing, or other process to decrease this set back by this or any other applicant. To request a reduced set back in the future would mean that this application was fraudulent and deceitful of the true goal. We realize that the current house located on 692 Front Road is located considerably closer to the property line. We would like to see this situation rectified and any future development be in accordance with the proposed 1.52 meter side yard set back. Kar Dianne Van Evans Willi m Elbert Van Evans B )ConseFvaoon for The Living City 97 April 14, 2008 CFN 40223.01 BY FAX AND MAIL Ross Pym, Principal Planner Pickering Civic Complex One the Esplanade Pickering, ON L 1V 6K7 Dear Mr. Pym: RE: Zoning By-Law Amendment Application A 009/08 692 and 700 - 702 Front Road Fairport Inc. /Lee Gray City of Pickering Toronto and Region Conservation Authority (TRCA) staff has reviewed plans for a zoning amendment on the above referenced property and offers the following comments. Background The subject property is located at 692 and 700 - 702 Front Road, on Frenchman's Bay, in the city of Pickering. It is our understanding that the applicant is requesting permission to amend the zoning by- law in order to permit future development of three lots with lot frontages ranging from 10.0 metres to 31.0 metres. Applicable Policy The subject property is affected by the Lake Ontario shoreline. TRCA aims to prevent new development from areas that may introduce a risk to life and property associated with flooding, erosion and slope stability concerns. TRCA staff has previously reviewed and issued permit number C-07080 on March 2, 2007 for shoreline restoration works on the property. These works addressed both slope stability and flooding hazard on the site. As such the zoning for the proposed three lots does not need to address any risk from natural hazard. Ontario Regulation 166/06 As the property is entirely located within TRCA's Regulated Area pursuant to Ontario Regulation (Development, Interference with Wetlands and Alterations to Shoreline and Watercourse Regulation), an Ontario Regulation 166/06 permit is required for any development proposed on site. In accordance with Ontario Regulation 166/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses), a permit is required from the TRCA prior to any development, if in the opinion of the authority, the control of flooding, erosion, dynamic beaches or pollution or the conservation of land may be affected by the development. Development is defined as: Member of Conservation Ontario 5 Shoreham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca m.o"'O"".'. '''4;1' ~..~~5 i) 0 ,/ () g ( Mr. Pym -2- ApMI 14,2008 i) the construction, reconstruction, erection or placing of a building or structure of any kind, ii) any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure, iii) site grading, iv) the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere. Recommendations !n light of the above, TRCA staff have no objection to zoning by-law amendment application A 009/08. We trust that this is of assistance. Please contact me should you have any further questions. A~ . Shannon McNeill BA, BURPI Planner I Planning and Development Extension 5744 CJ/srtf f:\home\public\development services\durham region\pickering\700 front road_1.doc The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E 4TH FLOOR PO BOX 623 WHITBY ON L 1 N 6A3 CANADA 905-668-7711 Fax: 905-666-6208 -mail: planning@ I egion.durham.on.ca www.region.durham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning "Service Excellence for our Communities" q :) 0 ,r ../ ( C. , April 15, 2008 Ross Pym, Principal Planner Planning and Development Department City of Pickering One The Esplanade Pickering, Ontario L 1 V 6K7 Mr. Pym: "Re: Zoning Amendment Application A09/08 Applicant: Fairport Inc./Lee Gray Location: 692,700-702 Front Road Municipality: City of Pickering We have reviewed this application to amend the zoning on the above noted properties. The following comments are offered for your consideration. The purpose of the application is to permit the future development of three single detached dwellings. Regional Official Plan The subject site is within the "Greenlands System" and is designated "Waterfront Area" in the Durham Regional Official Plan. Waterfront Areas are to be protected for their special natural and scenic features, their roles as predominant landscape elements in the Region and the recreational opportunities that they facilitate. The subject site within the Frenchman's Bay area, which is designated 'Vvaterfront Place" in the Pian. \/Vaterfront Piaces are to be developed as focal points along the Lake Ontario waterfront. The predominant uses may include marina, recreational, tourist, and cultural and community uses. The scale of development shall be based on and reflect the characteristics of each Waterfront Place. Residential opportunities may be permitted, which support and complement the predominant uses. As the subject site is adjacent the waterfront, an Environmental Impact Study (EIS) is required for the Region's review prior to the approval of the application, to address the following: a) the location and nature of the development; b) the mapping of the location and extent of the environmental conditions which may include key natural heritage or hydrologic features; @ 100% Post Consumer q ) , ~/- ) (1 ;'1 '.) '..j c) the degree of sensitivity of the environmental conditions and an evaluation of such conditions; d) an assessment of the potential impacts including cumulative impacts on the environment; e) the need for any mitigating measures to protect key natural heritage or hydrological features and functions and the surrounding environment, and definitions of such measures; f) impact on the shoreline, creeks, wetlands and near-shore wildlife habitat and aquatic characteristics; g) opportunities for the appropriate portions of the subject lands to be included in a natural corridor system along the waterfront and creek valleys; h) impact on lake water quality; and i) the acceptability of soil quality if the development proposal involves lakefilling. 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. Regional Services Water and Sanitary Sewers Municipal water supply and sanitary sewer services are available to the subject site. Durham Region Transit The subject site is within an area of limited transit service due to street widths and configuration. Please contact me should you have any questions or require any additional information regarding this matter. / i.il .. / + ""...,-,..,:........" -- 1\"/ ......,...----- He(li\ry Tang, Planner Current Planning cc: Regional Works Department -Pete Castellan Durham Region Transit - Phil Meagher The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E 4TH FLOOR PO BOX 623 WHITBYON L 1 N 6A3 CANADA 905-668-7711 Fax: 905-666-6208 mail: planning@ legion.durham.on.ca www.region.durham.on.ca . A.L. Georgieff, MCIP, RPP Commissioner of Planning "Service Excellence for our Communities" JJ2 ( May 5, 2008 Ross Pym, Principal Planner Planning and Development Department City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Mr. Pym: Re: Zoning Amendment Application A09/08 Applicant: Fairport Inc./Lee Gray Location: 692,700-702 Front Road Municipality: City of Pickering 1 I RECEIVED MAY 0 7 2008 CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Through correspondence between City staff, and Toronto Region Conservation Authority (TRCA), the following revised comments are offered. Comments from the Region dated April 15, 2008 indicated the need for an Environmental Impact Study (EIS). As per Regional Policy, the area municipality has the lead role for an EIS related to rezoning applications. As the City indicated there is no need for an EIS be conducted, the Region's original comments is now revised to delete the requirement for the submittal of an EIS for the Region's review. . j ---.-... ~" r// - _ . ~~ner C'urrent Planning @ 100% Post Consumer ! REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PD 27-08 Date: July 7, 2008 CitJI 0# From: Neil Carroll Director, Planning & Development Subject: Duffin Heights Neighbourhood Durham Regional Official Plan Amendment, File: OPA 2007-006 Recommendations: 1. That Report PD 27-08 of the Director, Planning & Development, regarding an application to amend the Durham Regional Official Plan, File: OPA 2007-006 be received; 2. That Council advise the Region of Durham that it supports the application to amend the Durham Regional Official Plan, File: OPA 2007-006, submitted by the Duffin Heights Landowners Group to: i) delete the future east-west Type C arterial road connection from Church Street in the Town of Ajax (extension of Williamson Drive) to the CP rail line in Duffin Heights; ii) delete the remnant portion of Old Taunton Road as a Type C arterial road designation from Taunton Road to the future east-west Type C arterial road; and iii) realign the possible extension of Valley Farm Road, a Type C arterial road, north of the Third Concession Road including crossing the Ganatsekiagon Creek easterly to connect to Brock Road; and 3. Further, that a copy of Report PD 27-08 be forwarded to the Region of Durham, Town of Ajax, Toronto and Region Conservation Authority and Sernas Associates (representing the Duffin Heights Landowners Group) for information. Executive Summary: The Duffin Heights Landowners Group engaged Sernas Associates to conduct an Environmental Servicing Plan (ESP) for the Duffin Heights Neighbourhood. One element of the ESP is the review of the road network necessary to service the Neighbourhood and broader area. The transportation component of the ESP concluded that the Type C arterial road structure in the current Durham Regional Official Plan (DROP) is neither necessary nor appropriate. Rather, Sernas recommends that the Neighborhood be serviced by a network of collector roads. Report PD 27-08 Date: July 7, 2008 Subject: Durham Regional Official Plan Amendment (OPA 2007 -006) Page 2 :I~ Consequently Sernas submitted an amendment application to the DROP to delete segments of three Type C arterial roads consisting of: the east/west road from Church Street in Ajax to the CP rail line in Duffin Heights, the extension of Valley Farm Road from the Third Concession Road connecting to Tillings Road and the easUwest road, and the remnant portion of Old Taunton Road from Taunton Road connecting to the east/west road. Through consultation with the City and Region, Sernas is no longer proposing to delete the Valley Farm Road extension as a Type C arterial road, but instead is recommending the realignment of the extension of Valley Farm Road to connect to Brock Road. This revised alignment provides for connectivity to and from the neighbourhood, modest capacity relief from Brock Road, and emergency access through the neighbourhood. The Central Pickering Development Plan does not show any road crossing of the Ganatsekiagon Creek into Seaton, south of the CP rail line from Duffin Heights. The absence of the creek crossing negates any future mid block east-west Type C arterial road connection from Seaton to the A9 Community. A future east-west Type C arterial road is depicted within the hydro corridor of the Ajax A9 Community Plan and extends westerly from Church Street to the eastern limit of the Duffin Heights Neighbourhood. Subsequently, Hydro One has commented that the proposed Williamson Drive extension will not be permitted to travel longitudinally inside the Hydro One corridor within the hydro corridor is unlikely to be supported by Hydro One. Ajax Council supports the Duffin Heights Landowners Group private initiated amendment application proposing to delete the extension of the east-west Type C arterial road (Williamson Drive). It is recommended that Council support the application to amend the Durham Regional Official Plan (File: OPA 2007-006) submitted by the Duffin Heights Landowners Group to: delete the future east-west Type C arterial road connection from Church Street in the Town of Ajax (extension of Williamson Drive) to just west of the CP rail line in the City of Pickering; delete the Type C arterial road designation on the remnant portion of Old Taunton Road from Taunton Road to the future east-west Type C arterial road; and realign the possible extension of Valley Farm Road, a Type C arterial road, north of the Third Concession Road including crossing the Ganatsekiagon Creek easterly to connect to Brock Road. Financial Implications: There are no direct costs to the City at this time related to the recommendations contained within this report. However, staff notes that the Municipal Class Environmental Assessment process will be required to be completed before the northerly extension of Valley Farm Road can proceed to construction. This project is a Schedule C project requiring Phases 3 and 4 of the five phase Class EA planning process to be carried out prior to completion of detailed design and construction. In the 2007 Capital budget for External Subdivision Works (account 2321) Council approved $350,000 for the Class EA work to be undertaken. Council approval will be required to retain a consultant to undertake the Class EA work. These matters will be addressed in a future report to Council. Report PD 27-08 Date: July 7,2008 1S!~~~ect: Durham Regional Official Plan Amendment (OPA 2007 -006) Page 3 Sustainability Implications: The deletion of the two Type C arterial road connections eliminates the potential for negative environmental impacts to the Urfe Creek as well as significant municipal costs related to land acquisition and road construction. 1.0 Background: 1.1 Duffin Heights Environmental Servicing Plan has recommended changes to the transportation system In December 2007, Sernas Associates (Sernas), on behalf of the Duffin Heights Landowners Group submitted the Duffins Heights Environmental Servicing Plan (ESP) to the City. Subsequently, staff requested additional information to address the comments on the ESP. Sernas is preparing responses to address the comments provided by the public agencies respecting the ESP and expect to submit a revised ESP in the near future. The findings of the ESP transportation component supports a preferred road network of collector road connections to Brock Road rather than Type C arterial roads as currently reflected in the Durham Regional Official Plan (DROP) (see Attachment #1). Further, the traffic component concluded that the extension of Williamson Drive into Pickering from Ajax is not required in terms of a road network capacity or intersection operations. There are also significant environmental constraints to implement the Type C arterial road at creek crossings. 1.2 Sernas Associates, on behalf of the Duffin Heights landowners Group, submitted an application to amend the Regional Official Plan to delete segments of three Type C arterial roads The ESP's transportation analysis provided the foundation for Sernas Associates to submit an application to amend the DROP to delete all Type C arterial roads in Duffin Heights and a portion in the Town of Ajax (OPA 2007-06). Approval of this Regional amendment at this time will enable the City's Duffin Heights amendment to be exempt from Regional approval, thereby expediting ESP implementation. The amendment application initially submitted by Sernas proposes to delete segments of three Type C arterial roads as follows: · the east/west road from Church Street in the Town of Ajax (extension of Williamson Drive) to just west of the CP rail line in the City of Pickering; Report PD 27-08 Date: July 7,2008 Subject: Durham Regional Official Plan Amendment (OPA 2007 -006) Page 4 c ,) · the extension of Valley Farm Road from the Third Concession Road connecting to Tillings Road and the east/west road; · the remnant portion and extension of Old Taunton Road from Taunton Road connecting to the east/west road (see Attachment #2). It is noted that only the Regional Type C arterial road desiqnation is being deleted, as Old Taunton Road is identified as a collector road in the Pickering Official Plan. As part of the Region's review process, further information supporting the application was requested. In March 2008, Sernas submitted a report supplementing, revising, and updating information contained in the ESP relating to the transportation component. 1.3 Following discussions with Regional and City staff, Sernas recommends retaining the Valley Farm Road extension as a Type C arterial road from the. Third Concession Road, east to Brock Road The ESP transportation analysis concluded the extension of Valley Farm Road north from the Third Concession Road would have minimal impact on the operation of the broader road network. However, in light of recent discussion with Regional and City staff, Sernas is supporting the extension of Valley Farm Road as it would provide a north-south link into and from the neighbourhood, opportunity for increased transit links to the south and modest capacity relief off Brock Road. Also, a Valley Farm Road extension as a minor by-pass, provides an emergency access route through the neighbourhood should the intersection of Brock Road and Rossland Road be blocked. The recommended road pattern now redirects Valley Farm Road easterly to a signalized intersection at Brock Road where it provides options for road capacity, connectivity and secondary (emergency) access (see Attachment #2). A Class Environmental Assessment will have to be undertaken by the City before construction of the road extension and crossing of the Ganatsekiagon Creek can proceed. 2.0 Discussion: 2.1 The Central Pickering Development Plan (CPDP) deleted the mid-block east-west Type C arterial road connection to Seaton from the Duffin Heights Neighbourhood Currently, the DROP designates a future east-west Type C arterial road segment with connections to Seaton, Old Taunton Road and the Town of Ajax. Since the approval of the Duffin Heights Neighbourhood in 2003, the Central Pickering Development Plan (CPDP) has come into force and does not show any road crossing of the Ganatsekiagon Creek into Seaton, south of the CP rail line from Duffin Heights. The removal of this Type C arterial road connection in the CPDP means that a continuous road connection from Seaton to the A9 Community in Ajax is no longer possible. Report PO 27-08 Date: July 7,2008 Subject: Durham Regional Official Plan Amendment (OPA 2007 -006) Page 5 'f1h I " '-, 2.2 The extension of Williamson Drive within the hydro corridor lands from Church Street to Duffin Heights is impractical due to current and future hydro tower locations On April 24, 2008, a meeting was held with representatives from the Region, City, Town of Ajax and Landowners Group to discuss the future alignment of Williamson Drive within the hydro corridor. Subsequently, Hydro One has commented that the proposed Williamson Drive extension will not be permitted to travel longitudinally inside the Hydro One corridor. 2.3 Ajax Council supports the Duffin Heights Landowners Group Regional Official Plan Amendment application (ROPA 2007-006) On April 28, 2008, Ajax Council passed a resolution to support the Duffin Heights Landowners Group private initiated amendment application proposing to delete the extension of the east-west Type C arterial road (Williamson Drive). Ajax staff also supported the amendment application given the potential negative impacts to the Duffins and Urfe Creeks, limited traffic benefit, significant municipal land acquisition and capital costs, and unlikely municipal implementation. 2.4 The Toronto and Region Conservation Authority supports deleting the extension of Williamson Drive from Church Street to the CP rail line in Duffin Heights due to negative impacts on the Urfe and Duffins Creek including loss of significant forest cover In a letter dated January 28, 2008, responding to the Region's proposed Regional Official Plan amendment application, the Toronto and Region Conservation Authority (TRCA) supports deleting the Williamson Drive extension. There are significant negative impacts on the natural heritage system including lost of forest cover from constructing the required infrastructure across the Urfe Creek. To facilitate a transportation connection from the A9 Community to Duffin Heights, it would require the extension of Williamson Drive northerly from the hydro corridor, crossing the Urfe Creek, and then redirected westerly through the Pickering Golf Course lands. This potential link through the natural heritage system of Duffin Heights is not supported by TRCA staff. Report PO 27-08 Date: July 7,2008 Subject: Durham Regional Official Plan Amendment (OPA 2007 -006) Page 6 ! ) '7 3.0 Recommendation: Staff supports the application to amend the Durham Regional Official Plan, File: OPA 2007-006, submitted by the Duffin Heights Landowners Group to delete two of the three segments of Type C arterial roads. Further, staff is recommending the realignment of Valley Farm Road (Type C arterial road) to connect to Brock Road as it provides for connectivity to and from the neighbourhood, modest capacity relief from Brock Road, and an emergency access through the neighbourhood. It is recommended that Council support the application to amend the Durham Regional Official Plan, File: OPA 2007-006, submitted by the Duffin Heights Landowners Group to: · delete the future east-west Type C arterial road connection from Church Street in the Town of Ajax (extension of Williamson Drive) to just west of the CP rail line in the City of Pickering; · delete the remnant portion and extension of Old Taunton Road, a Type C arterial road designation, from Taunton Road to the future east-west Type C arterial road; and · realign the possible extension of Valley Farm Road, a Type C arterial road, north of the Third Concession Road including crossing the Ganatsekiagon Creek easterly to connect to Brock Road. Attachments: 1. ESP - Recommended Road Network 2. ESP - Proposed Amendments to the Arterial Road Designation of the Durham Region and City of Pickering Official Plans Report PO 27-08 Date: July 7,2008 Subject: Durham Regional Official Plan Amendment (OPA 2007 -006) Page 7 ~l (1~ Prepared By: Approved/Endorsed By: (\... Grant McGregor, MCIP, RP Principal Planner - Policy ~{~cllP 18, RPP Ing & Development / - I r-' '- ie/l(fo~C{/ UV- , Lynda 1 ylor, MCIP, R Manager, Develop ent Review GM:ld Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Counc'l // -r--7---r- '-',n _.~_..".... -<;.-7 I_~>_..:; \ ) ,. ...." !)VI"..y", , <''''''<':t ... ." ; ...... , I \ -... ... ........ , I Co""'iP" #0 ,- \ RIP Dote , ,. APR. 02, 2008 File: C6154--DurFlNH[lGHTS~P~Gl~;-2-J-APR TAUNTON ROAD ,. .... / ...,'" ./ .... .... .... C' 7t. -.;. ~ Y" ~, '", ~ " ... ... ... .... ...,... ;0 ... '" ... ,. '" ... ... ... ' f, oH. Ir' ill 1i !~ .'. ... "'\1 jit I~ fiERSo _ , ,/ ,/,',' ...' ...' ... ... ... . ... , ... ......... , , . , . , , . . . \ . \ - k'-' ~'<. ~\. < ~ . " \...."'... ......... , . , " \ . . , , : ..,-" --..-.. --.. -..... '"'C,_ _ ...."'__........_ . , : . . . . : i:! . /Ii ,,0J:"" : ~ GO~):~C;<*... - : ~ j).~1-..."" . .' . -- .-- . . I , . ... ....' I I I I I I "'1 : ... I ... . ." I I ,..................""=.~__ .=__ __' __ --.<l.-- -.Y.... - __ u._ __ _. -. _.... - -~. .",,~;cM;~:,:"",:,~~,.-,;:,- __,'rH_~"""'~-:;';""'c~~_,*","""~~_"~f:",::,;j.,h;,~\t;;~:~;'j;:iIJ.:~:_::,;;,_i::;';ii.~:::";!-,k:::J.;::;:;:Y:.t.::;i;!~~,::~ AJAX MULTI-USE TRAIL CONNECTION . . " y" ... ... ,,~\l"'O c..o,-,-\OO9. ... ... ~''''''o\~''' .,,' ",\o~\\ ... l~ <' '0 jj I~ -'< to i i= lEW:m. Pr-,yUna , - Duffin Helghta Boundary ..u._ Prcpooed Ijajor p_ Rout.. Ae Per CIty of Plcl<erlng COld ESP * Sl9"a11zed Int.-..ctlon . . . . Proposed Tranlft Route Rood Network Realanal Official Plm. _ T)po 'j,,' Arterial Road T)I>O 's' Arterial Road T)po 'c' Arterial Road Rotad Network CitvOftlcldlPlan _ CoIector Road ... === Local Road = = = = u_g Roode .....-- .A55OC....T5S {A, ..",."~,,, ~f Th. s.c~JS i;r"",p 'n<) ~"_~ 'm~ 14.., INj: f~11I7 ""'~-~ -- l1l(fIl RECOMMENDED ROAD NETWORK Duffin Heights Neighbourhood Environmental Servicing Plan (ESP) -- a<<QIO)lT: 1!..::MI::I!l' 1~ I~ _ qolFlG 10.3 ~ o '-0 -- ..j c) ~~ 1iiiG.tIc1'..... ClIll14 N ~ ~ Vi TAUNTON ROAD r DELETED BYCPDPj " / / " ; .t"./ 6; ; ... ... ... ... ... ... ...- ... ... ; '0, (;.t'~~, q>,,~..... -.... ; ....- , J ... \ " .... " ... " ) ~ DELETE MIDBLOCK ARTERIAL ROAD TYPE:9:. ... ... ... l! 'It; If: ,I: .1 . ,'....... Ir,<< ,-- , ' ... ' ... ' ... ' ...~... , r ,...'~" ,,- ... ... ...\ I" - fif~~~ ~~/ · til;Ll RECLASSI _n ,~~ ARTERIAL ';io TYPE "CO , COLLECTOR :8 TO !; AD If ... RECLASSIFY TYPE "CO ARTERIAL ROAD TO COLLECTOR ROAD ... ... ," ~ ~ I, 'I E~~~~~~~~ct1\ ~ II ~ 'II '-' II 3 I! ;: -ii I' IL--------- l,--__._____.___---c- l' OERSAN STf~UT II I 'I I \ C> ~ ~ ~ "'" % ... '1- CP9...\Q09- y,~09-0 "'" "",' ... .......... RIP Dote - APR. 02, 2008 File 06154-DUFFiNHEIGHTS-ESP-FIG10-1-2-J-APR- ... ; < > " ,,' ... ," " .... ;," " " ... " ; ... ,....." ...__ \ 1 ~ ~" ~.. ,," ..to 1 1 1 1 I I. -< ~ -. ~ 1 1 1 1 1 I I I I I ... " ..0 / .:: II; " It:- ~ ... (.0",,,\00" ... ",'" .....;:.i~ " , ... ' J.E.QE/W. P~y Un_ - - Duffin Height. Boundary Road N.twotk R.::JkJnal Offield PIoan _ T~. .... Morial Rood T~. 's' Morial Rood T~ 'C' Morial Rood " -~ = = ulotinv Roado 5E~N4.S ASSOCIATES ~",'," ~"~:, PROPOSED AMENDMENTS TO THE ARTERIAL ROAD DESIGNATIONS OF THE DURHAM REGION AND CITY OF PICKERING OFFICIAL PLANS Duffin Heights Neighbourhood Environmental Servicing Plan (ESP) :::v,:, S-R:S. oseo...r~ 100 1~ 100 ~)(lIFIG 10.2 -:. -'> C:J :t"~,. I .-l :'1;:0- c:' ;";:"' r:' ~ ! \iilb -Ji 6' Q' PItO.I:cr..... 06154 Citlf 01 REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PO 29-08 Date: July 7, 20081 i '1 From: Neil Carroll Director, Planning & Development Subject: Downtown Pickering Program Continuation of Urban Design Consulting Services Recommendation: 1. That Report PO 29-08 of the Director, Planning & Development respecting urban design consulting services for the Downtown Pickering program be received; 2. That the Director, Planning & Development be authorized to continue with the engagement of Young + Wright IIBI Group Architects to act as the City's urban design consultant on the Downtown Pickering program to an upset limit of $70,000 using professional and consultative services funds approved by Council in the 2008 Department budget; and 3. That the appropriate City officials be authorized to take the necessary action to give effect hereto. Executive Summary: In August 2007, through our normal Request for Proposals process, the City hired Young + Wright Architects (Y+W) as the City's urban design consultants for the Downtown Pickering program. The 2007 budget allocation for this assignment had an upset limit of $40,000, a portion of which was carried over to 2008. This allowed Y+W to provide consulting assistance to the end of June 2008. Downtown Pickering is one of only two Urban Growth Centres in Durham Region. This designation, along with the heightened level of development interest in our downtown makes it critically important that the City maintain qualified urban design consulting assistance with respect to our Downtown Program. Staff have been extremely pleased with the work completed to date by Y+W (now Young + Wright IIBI Group Architects) and recommend that Council approve the continued use of this firm for the remainder of 2008 to an upset limit of $70,000, in accordance with the 2008 approved budget. Financial Implications: The approved 2008 budget includes an allocation of $70,000 for urban design work, vision workshops and community consultation in relation to the Downtown Pickering project (account 2611-2392). Report PO 29-08 July 7, 2008 Subject: Young + Wright / 181 Group - Downtown Pickering Program .11 2 I !. Page 2 Sustainability Implications: Not applicable Background: In August 2007, the City engaged the consulting services of Y+W through the City's Request for Proposal's process to undertake urban design work in relation to our Downtown Pickering program. The 2007 upset limit for this work was $40,000. Some of this money was carried over into 2008, which allowed the consulting assignment to continue to the end of June 2008. Since we engaged them, Y+W has completed a number of projects for the City including preliminary design concepts for the Ministry of Transportation property at Highway 401 and Liverpool Road, the Civic Precinct, and other downtown sites. They have also attended various meetings, presentations and events, including Sustainable Pickering Day, and have completed significant background research and photographic inventories. Development interest in the Downtown Pickering program is increasing significantly, particularly in relation to lands south of Highway 401 and with respect to development of the Pickering Town Centre Office Tower, pedestrian bridge and GO Station link. Given this heightened development interest, and the fact that Downtown Pickering is designated an Urban Growth Centre, it is vitally important that the City maintains a high- level of urban design expertise to assist our downtown program through the remainder of 2008. Work to be undertaken over the remainder of the year includes: · Developing design concepts, sketches and vision plans for the Downtown South and our emerging "Mobility Hub"; · Reconstructing a visionary 3D model of the Downtown (developed through recent public consultation); · Conducting research and providing design advice for contemplated "landmark" downtown facilities (i.e. pedestrian bridge and a performing arts centre); and · Providing urban design advice to the City respecting a number of downtown projects and proposals. As funds provided by the initial 2007 purchase order are now essentially exhausted, it is necessary to establish a new purchase order with Y+W. To continue this work the City's purchasing policy requires that three formal written quotations be solicited for consulting services of this magnitude. However, staff are extremely pleased with the work of Y+W and wish to secure their services for this continuing project. The firm is highly qualified and extremely well respected in the building and development industry. The firm is also very well-aligned with the City's sustainable development goals and objectives and has an excellent understanding of our downtown area. It is recommended that Council authorize the continued use of Y+W for the remainder of 2008, up to the approved 2008 budget allotment of $70,000. In 2008 Y+W merged with the 181 Group. The firm is now known as Young + Wright / 181 Group Architects. The Downtown Program is a joint program of the Planning & Development Department and the City's Office of Sustainability. Report PD 29-08 July 7, 2008 Subject: Young + Wright / 181 Group - Downtown Pickering Program Page 3 ) Prepared By: Approved/Endorsed By: L--- Neil Carr -- Director, Planning & Development ~--- /j /'7/l, Thomas E. Melymu Director, Office of Sust RT:TM Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council '/ Cit'l 0# REPORT TO PLANNING & DEVELOPMENT COMMITTEE .1 '1 A I ! (~ Report Number: PO 30-08 Date: July 7, 2008 From: Neil Carroll Director, Planning & Development Subject: Request from Mattamy (Brock Road) Limited for Exemption to Section 10 (b) of Fill & Topsoil Disturbance By-law 6060/02 Duffin Heights Neighbourhood Recommendation: 1. That the request of Mattamy (Brock Road) Limited for exemption from Section 10 (b) of Fill & Topsoil Disturbance By-law 6060/02 to allow pre-grading of its lands in the Duffin Heights Neighbourhood be approved; and 2. Further, that the appropriate City officials be authorized to take the necessary actions to give effect thereto. Executive Summary: Mattamy (Brock Road) Limited owns land in the Duffin Heights Neighbourhood, which is subject of a Draft Plan of Subdivision Application and Zoning By-law Amendment Application. Mattamy wishes to proceed at the end of July 2008 with topsoil removal and earthworks for cut and fill to pre-grade, and rough grading for a stormwater management pond. However, City of Pickering Fill & Topsoil Disturbance By-law 6060/02 Section 10 (b) prohibits the Director, Planning & Development from issuing a permit unless the land use to which the proposed work pertains is permitted by applicable by-laws passed under the Planning Act. As the current 'A'- Agricultural zoning of the lands does not permit the development to which the proposed grading work pertains, Mattamy requires Council approval of an exemption from Section 10 (b) of the Fill & Topsoil By-law in order to proceed with the proposed grading work to accommodate future development. Financial Implications: There are no financial implications to this request. Sustainability Implications: This report does not contain any sustainability implications. Report PO 30-08 July 7, 2008 Subject: Exemption to Fill & Topsoil Disturbance By-law 6060/02 Section 10 (b) Page 2 ~'1 5 Background: In a letter dated June 11, 2008 (see Attachment #2 - copy of letter), Mattamy (Brock Road) Limited has requested an exemption to Fill & Topsoil Disturbance By-law 6060/02 in order to commence pre-grading site works activity on its lands in the Duffin Heights Neighbourhood at the end of July 2008. These works include topsoil removal and earthworks for cut and fill to pre-grade, and rough grading for a stormwater management pond. The works are required prior to installation of underground servicing which Mattamy anticipates will commence in late 2008/early 2009 following Council's consideration of their draft plan/zoning amendment applications. Mattamy wishes to proceed with pre-grading work as earthworks, especially topsoil removal, cannot be completed when the ground is frozen. However, the lands subject of Mattamy's request are currently zoned lA' - Agricultural which does not permit the land use to which the proposed grading work pertains. Fill & Topsoil Disturbance By-law 6060/02 Section 10 (b) prohibits the Director, Planning & Development from issuing a permit unless the land use to which the proposed work pertains is permitted by the applicable by-laws passed under the Planning Act. Mattamy has submitted a draft plan of subdivision application (S-P-2008-01) and zoning by-law amendment application (A 1/08) on its lands, but these applications will not be considered by Council until late 2008 (see Attachment #1 - Location Map). Consequently, in order for a permit to be issued at this time, Council's approval of an exemption to the By-law must first be secured. The Planning & Development Department has no objection to Mattamy's exemption request. The lands are currently designated for urban development and the environmental development limits have already been established in consultation with Toronto and Region Conservation Authority, Ministry of Natural Resources and other approval authorities (these lands were part of the Seaton land exchange). The exemption will only apply to the timing of grading activity. All other requirements of the Fill & Topsoil Disturbance By-law and permit process will apply. Further, the proposed earthworks are limited to pre-grading of the site and will not pre-determine the subdivision design which has yet to be considered by Council. Attachments: 1 . Location Map 2. Copy of letter requesting exemption from Fill & Topsoil Disturbance By-law Report PO 30-08 July 7, 2008 Subject: Exemption to Fill & Topsoil Disturbance 11 f, By-law 6060102 Section 1 0 (b) Page 3 Prepared By: Approved/Endorsed By: ~/ 2~~~_ Robert Starr Supervisor, Development Control Neil Carro, =- CIP,RPP Director, Planning & Development NC:kb Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council /. /, t } P1ACHMENT-I I TO RE?ORT I PO ~O.. 08 '7 c..P"" ~ ~ '-' z j >= fNDU CUL rURAL C DERSAN STREET i City of Pickering Planning & Development Department PROPERTY DESCRIPTION CON 3, N PT LOT 17,18 40R-2114, PART 1 TO 5 SCALE 1 :5000 CHECKED BY DB l' FILE No. MATTAMY HOMES INC. SUBDIVISION APPLICATION DATE JUNE 19, 2008 DRAWN BY JB OWNER o 0 ources: Tor-anol Enterprises Inc. and ita supplier:s. All rights Reserved. Not 0 pion of survey. 2005 MPAC and its suppliers. All rights Reserved. Not 0 plan of Survey. PN-15 -I '; g ArrACHMENT'_.~ IU REfiORTI PD~ -os VIA EMAIL JUN 11 2008 June I I, 2008 '} iRE.cEBVEDI 1\ 1 ~ 1 ^.,,,,,,,, I. : , : '. '. i; .. I .') ~ , ' , ~ I ,-,.. I , Cl~; ~F PIC~ERING I 1 PLAj'.JN1NG Af,jD ". ~ _ f~~"~: ("P~.ilt:~,JT DEP/~RT~1E',IT -:1 t_~::-.;.~~-:,~~""",-".""""",,,,u,,,",.~.,,,,,,,>rn""~~'" Dear Ms Wilcox: RE: Fill and Topsoil Disturbance Bylaw 6060/02 Mattamy (Brock Road) Limited, Duffin Heights We are writing to City to request an exemption to the current Fill and Topsoil Disturbance Bylaw 6060/02 and allow our application for site alteration as submitted in October 2007 to be approved which would allow Mattamy to start site works at the end of July. Our development schedule will require approximately 3.5 months for topsoil stripping and cut & fill moving to pre-grade the land for servicing and complete the rough grades for the pond. Our Consultant is preparing their detail engineering design for submission with the anticipation that the City and Region will be able to review and approve the plans and allow us to start servicing approximately 100 units in October. Over that past year we have frequently pre-consulted with Planning and Engineering staff to review our draft plan prior to our December 2007 application. Since then we have regularly met with staff to discuss and resolve outstanding planning and engineering matters. The Duffm Heights Landowner Group (DHLG) revised the Environmental Servicing Plan (ESP) and submitted it to the City and TRCA May 15th. A coordination meeting was held on June 6th that confirmed the ESP was approved "In Principle" by the TRCA. We anticipate the approval ofthe Group's Local OPA will occur this fall and Mattamy's Draft Plan and Zoning by-law wiJI happen at the same time. We understand that a staff report will need to be approved at Council to support our request, as such we respectfully request your report be presented at the earliest possible Council meeting for consideration. We thank you in advance for your cooperation with these matters. Please contact me if you require any additional information. Yours truly, MAITAMY (BROCK ROAD) LIMITED -L T (90,) 477-2048 F (905) 477-2337 140 RENFREW DRIVE. SUITE 206. MARKHAM, ONTARIO L3R 653 REPORT TO EXECUTIVE COMMITTEE Report Number: OES 22-08 Date: July 7,2008 q From: Everett Buntsma Director, Operations & Emergency Services Subject: Supply & Delivery of 4-Ton Dump Truck Q-32-2008 File: A-1440 Recommendation: 1. That Report OES 22-08 of the Director, Operations & Emergency Services regarding the supply and delivery of a 4-Ton Dump Truck be received; and 2. That Quotation No. Q-32-2008, as submitted by Scarborough Truck Center Inc. for the supply and delivery of a 4-Ton Dump Truck with Snow Plow and Wing, and Electronic Salt Metering, in the amount of $158,809.00 (PST, GST and license extra) be accepted; and 3. The total gross purchase cost of $179,454.17 and a net purchase cost of $171,513.72 as outlined in Report OES 22-08 of the Director, Operations & Emergency Services, be approved; and 4. That Council authorize the Director, Corporate Services & Treasurer to finance the purchase through the issuance of debt; and (a) that debt financing through the Regional Municipality of Durham in the amount of $171,000.00 for a period not exceeding five (5) years, at a rate to be determined, be approved and the balance of approximately $513.72 plus financing costs be financed from current funds; and (b) that financing and repayment charges in the amount of approximately $39,500 be included in the annual current budget for the City of Pickering commencing in 2009 and continuing thereafter until the loan is repaid; and (c) that the Director, Corporate Services and Treasurer has certified that this loan and the repayment thereof falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2008 as established by the Province for municipalities in, Ontario; and Report OES 22-08 July 7, 2008 Subject: Supply & Delivery of 4-Ton Dump Truck Page 2 , , ~ 'i II I / '.) (d) that the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and (e) staff at the City of Pickering be given the authority to give effect thereto Executive Summary: The City of Pickering currently utilizes a fleet comprised of nine (9) 4-ton dump trucks and three (3) 5-ton dump trucks to perform a wide range of road maintenance activities including winter control. A replacement for the oldest 4-ton truck was approved in the 2008 Capital Budget. Three vendors were invited to bid, of which all responded. Upon review, the vehicle that meets the City's requirements and specifications is being recommended. The vehicle proposed by the two low bidders do not, in staff's opinion meet the overriding requirement for engine torque. This was also the situation in 2006 when the City purchased its last new 4-ton truck. Financial Implications: 1. Approved Source of Funds 2008 Roads Capital Budqet Item Proiect Code Source of Funds Debt - 5 years Available Required 4-Ton Dump Truck With Plow & Wing 5320.0801.6158 $190,000.00 $171,513.72 Estimated Project Costing Summary 4-Ton Dump Truck $158,809.00 Q-32-2008 Subtotal GST PST Total Gross Purchase Cost 158,809.00 7,940.45 12,704.72 179,454.17 I I GST Rebate Total Net Purchase Cost $171,513.72 The Director, Corporate Services & Treasurer has reviewed the budgetary implications and the financing of the expenditure contained in this report and concurs. CORP0227-07/01 revised Report OES 22-08 July 7, 2008 Subject: Supply & Delivery of 4-Ton Dump Truck Page 3 J 1 . i Sustainability Implications: The engine powering this truck meets the Environmental Protection Agency's Tier II emission standard. This will significantly reduce the amount of harmful emissions created by the operation of the vehicle as well as provide increased fuel economy. This purchase conforms to the environmental and economic lens of sustainability. Background: The purchase of a 4-Ton Dump Truck with Plow and Wing was identified and approved by Council in the 2008 Capital Budget. Utilizing existing specifications from past purchases, Supply & Services invited (3) three vendors to participate in the bidding process, of which all (3) three have responded. When the City called for Quotations for the purchase of a 4-Ton tuck in 2006 (see Report OES 25-06 attached), the low bidder, Freightliner Mid Ontario did not provide the required torque specified in the quotation document. At that time Council supported the decision not to accept their bid. The vehicle purchased did meet the required torque specification and performed well during the extremely heavy 2007-08 winter control season. After a complete review of all bids submitted it has been determined that the bid submitted by Harper Freightliner does not meet the required torque specification. Although the bid submitted by Donway Ford Sales indicated that they were able to meet the requirement, staff have been informed by the bidder that the manufacturer will not supply the engine quoted in this class of truck, therefore they also cannot meet the specification. Based upon these facts as well as a careful examination of all quotations received by Supply & Services, the Municipal Property and Engineering Division recommends the acceptance of the bid submitted by Scarborough Truck Inc, in the amount of $158,809.00 (PST, GST and License extra) and that the total net purchase cost of $171,513.72 be approved. This report has been prepared in conjunction with the Manager, Supply & Services who concurs with the foregoing. Attachments: 1. Memo from Supply & SeNices 2. Report OES 25-06 3. By-law to Confirm the Authorization of the Issuance of Debentures in the amount of $171 ,000 for the Supply & Delivery of 4-Ton Dump Truck CORP0227-07/01 revised Report OES 22-08 Subject: Supply & Delivery of 4-Ton Dump Truck July 7, 2008 Page 4 1 ~)? Prepared By: I~~ /'~L Supervisor, Fleet Operations Vera Felgemac er C.PP., CPPO, CPPB, C.P.M., CMM III Manager, Supply & Services GS:cr Attachments: Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council APproved~:_~dorse~ty: /'/ if ~./' ... . .....,(/ (-,/// //\ . ...../-, / / tsma perations & Emergency ~.. .s:::.........-.... ..~ Gillis Paterson Director Corporate Services & Treasurer CORP0227-07/01 revised 'f Gi~ I c ,,:~ CiiLJ c~ , " .-} '~'. '. f. t /_... To: Richard Holborn, Division Head, Municipal Property & Engineering MEMO RECElVElJ May 26, 2008 MAY 2 6 2008 CITY OF PICKERING MUNICIPAL PROPERTY & ENGINEERING From: Bob Kuzma Senior Purchasing Analyst Copy: Subject: Q-32-2008 Supply & Delivery of 4 Ton Dump Truck Quotations have been received for the above project. Three (3) companies were invited to participate of which three (3) responded. Quotations shall be irrevocable for 60 days after the official closing date and time. Copies of the quotations are attached for your review along with the summary of costs. Each line item provides a space for the vendor to indicate a "Yes, No, Specify" to provide the City with information and details to subjectively review each line item and the sum total of all specifications. Specifications item #4 (b) states: A mark in the "no" space shall mean a deviation from the specification and must be further detailed in the SPECIFY space. Deviations will be evaluated and acceptance of these deviations IS within the discretion of the City of Pickering. . Due to the fact that delivery date of these vehicles is not certain, it is not possible to state an exact cost for licensing, therefore prices will be stated as license fee extra. The quotation submitted by Harper Freightliner in the total amount of $172,588.29 (license fee extra) is the low quotation, subject to further evaluation of the vehicles conformance to specification. Please advise with your recommendation any reason the low bid from Harper Freightliner is not acceptable. SUMMARY After Vendor Amount G.S.T. P.S.T. Lie. Total Calculation Fee Check Harper $152,733.00 $ 7,636.65 $12,218.64 Extra $172,588.29 $172,588.29 Freightliner Donway Ford $155,357.00 $ 7,767.85 $12,428.56 Extra $175,553.41 $175,553.41 Sales Scarborough $158,809.00 ~7,940.45 ~12,704.72 Extra $179,454.17 $179,454.17 Truck Center This award is subject to Council approval. '1 'i 4. I ,/ . Include in your report to Council: I "-c b 1. the appropriate account number(s) to which this work is to be charged and the budget amount(s) assigned thereto 2. Treasurer's confirmation of funding 3. related departmental approvals 4. any reason(s) why the low bid of Harper Freightliner is not acceptable, and 5. related comments specific to the project Bidders will be advised of the outcome. Please do not disclose pricing to enquiring bidders. Subject to Council approval, an approved "on-line" requisition will also be required to proceed. If you require further information or assistance during the evaluation phase of this quotation call, contact me at extension 2131 . May 26,2008 Q-32-2008 Supply & Delivery of 4 Ton Dump Truck Page 2 .- ~ ~"',... ' i ::.c ,) REPORT TO EXECUTIVE COMMITTEE u72 ,.t ;-J I ! ,/ ~) Report Number: OES 25-06 Date: June 12, 2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Supply and Delivery of 4-Ton Truck - Q-20-2006 - File: A-2130 Recommendation: 1. That Report OES 25-06 regarding the supply and delivery of a 4 Ton Dump Truck be received and that: 2. Quotation No. Q-20-2006 submitted by Scarborough Truck Centre Inc. for the supply and delivery of a 4 Ton Dump Truck with snow plow and wing, and - electronic salt metering in the amount of $157,624.00(GST, PST and license extra) be accepted; 3. The total gross purchase cost $180,432.36 and a net purchase cost of $170,974.92 be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the purchase through the issuance of debt: and a) That debt financing through the Region of Durham in the amount of $170,000.00 for a period not exceeding five (5) years, at a rate to be determined, be approved and the balance of approximately $975 plus financing costs be financed from current funds; and - b) That financing and repayment charges in the amount of approximately $39,000 be included in the annual Current Budget for the City of Pickering commencing in 2007 and continuing thereafter until the loan is repaid; and c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2006 as established by the Province for municipalities in Ontario; and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing: and 1,7 'i - .. Report OES 25-06 ~..', ~ -c ') )-f) REPORT#tL:> . Date: June 12, 2006 - Subject: Supply & Delivery of 4-Ton Truck ". ,") h Q-20-2006 I ' .~- '-~ Page 2 5. Staff at the City of Pickering be given the authority to give effect thereto. Executive Summary: The City of Pickering has a fleet of 4 ton and 5 ton dump trucks that are used year round for road maintenance activities including sanding. salting and snow plowing. A replacement for the oldest 4 ton truck in the fleet was approved in the 2006 Capital budget. Six vendors were invited to submit bids and two bids were received. Upon review, the vehicle that meets the City's requirements is being recommended. The vehicle proposed by the low bidder does not, in staff's opinion, meet the overriding requirement for engine torque. Given new emission requirements that will increase the cost of these trucks in January 2007, orders being placed at this time are significant resulting in extended delivery times and actual uncertainty of availability. Therefore, the sooner Council approval is received and the order is placed, the better chance the City has at receiving acceptance and delivery. Scarborough truck has advised that delivery would be in December 2006. The vehicle from Freightliner would be available in March 2007. - Financial Implications: 1. Approved Source gf Funds Total Approved Funds Amount $175.000.00 $175.000.00 2006 Capital Budget Debt (5 years) New Chart of Accounts 5320.0602.6158 2. Estimated Project Costing Summary Sub Tolal GST (6%) PST License Total Gross Purchase Cost $157.624.00 $157,624.00 $9,457.44 $12,609.92 $741.00 $180,432.36 ($9.457.44) $170,974.92 Q-20 -2006 4 Ton Dump Truck - GST Rebate Total Net Purchase Cost Report DES 25-06 c ~<. c ;) ri~-':"'Date: June 12, 2006 074 ,,-1 - Subject: Supply & Delivery of 4-Ton Truck Q-20-2006 '. ') '7 Page 3 'i :/ I 3. Project Cost under (over) Approved Funds $4025.08 The Director, Corporate Services & Treasurer has reviewed the budgetary implications and the financing of the expenditures contained in this report and concurs. Background: The purchase of a 4-Ton Dump Truck with snow plow and wing and electronic salt metering was approved by Council in the 2006 Capital Budget. Through market research and analysis of emerging technology in winter control, Fleet Operations compiled specifications for this piece of equipment. Supply & Services invited six (6) vendors to participate in the bidding process of which two (2) have submitted quotations. -- The Supervisor, Fleet Operations advises that the low bid submitted by Freightliner Mid Ontario does not provide the required engine torque specified in the document. A torque of 1050 pound-foot at approximately 1500 RPM is required to operate the vehicle efficiently and safely with the added load of the snow plow, wing, hydraulic systems and salt metering device. The bid submitted by Scarborough Truck Centre provides the torque of 1050 pound-foot at 1200 RPM whereas the bid from Freightliner Mid Ontario only provides 950 pound-foot at 1500 RPM. This difference of 100 pound- foot (or 10%) can be significant for vehicle performance, especially when considering the topography and terrain of Pickering. A review of other municipalities in Durham indicate others {Clarington and Whitby} are purchasing trucks with high torque engines manufactured by International or Stirling. The bid from Freightliner Mid Ontario indicates the engine supplied is a wet sleeve engine, however, upon further research it can be stated that the MBE 900 engine is not a true wet sleeve engine. It is a cast iron block with induction hardened cylinder bores. The block cannot be replaced as a wet sleeve can, therefore, overhauls are more complicated and not as cost effective. The City's fleet of 4 ton and 5 ton dump trucks consists of four International trucks, model year 1997-2000, five Freightliner trucks; model year 2001-2003 and three International trucks; model year 2005-2006. The International truck has proven to be reliable and several have been in service beyond the desirable seven-year life cycle. The City's heavy equipment operators that operate the latest model International trucks advise that the in-cab comfort and overall ride of the latest model International trucks - are superior. This is important during winter control events that can typically run for 13 hours when salting and plowing is required. Should the order be accepted, Scarborough Truck Centre advises that delivery would be in December 2006. A call to Freightliner Mid Ontario indicated delivery would be in March 2007. u.,~ Report OES 25-06 L-/ ~J . ",: L':> -Date: June 12, 2006 i--) - Subject: Supply & Delivery of 4-Ton Truck 1 ) R Q-20-2006 Page 4 Upon careful examination of all quotations received by Supply & Services the Municipal Property & Engineering Division recommends acceptance of the bid from Scarborough Truck Centre Inc. in the amount of $157,624.00 (GST, PST and License extra) and that the total net purchase cost of $170.974.92 be approved. This report has been prepared in conjunction with the Manager Supply & Services who concurs with the foregoing. Attachments: 1. Supply & Services Memorandum Prepared By: .' ~~?C~h Grant Smith Superv'sor, Fleet Operations - Everett untsma Director Operations & Emergency Services ~~-"-~ '-Gruis A. Paterson Director, Corporate Services & Treasurer Vera A. Felgemacher Manager, Supply & Services RH:GS Attachments Copy: Chief Administrative Officer .- consideration of - "?' " " ,l, THE CORPORATION OF THE CITY OF PICKERING i () 9 BY-LAW NO. Being a by-law to confirm the authorization of the issuance of debentures in the amount of $171,000 for the supply and delivery of a 4- Ton Dump Truck in the City of Pickering WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401 (1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401 (3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report OES 22-08 at its meeting of July 14, 2008 pursuant to Resolution /08 and awarded Quotation Q-32-2008 for the supply and delivery of a 4-Ton Dump Truck at that meeting; and, WHEREAS the Council of the City is proceeding with the supply and delivery of a 4-Ton Dump Truck in the City of Pickering; and, WHEREAS before the Council of the City authorized the supply and delivery of a 4-Ton Dump Truck, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. CORP0223-07/01 -) :1... BY-LAW NO 130 .J., Page 2 NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. That the estimated costs of the supply and delivery of a 4-Ton Dump Truck in the amount of $171,513.72 be financed as follows: a) That the sum of $171,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five (5) years; b) That the balance of $513.72 be funded from the 2008 Current Budget; 2. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2009 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed this 14th day of July, 2008. David Ryan, Mayor Debi A. Wilcox, City Clerk REPORT TO EXECUTIVE COMMITTEE Report Number: CS 34-08 Date: July 7,2008 '1 ;:; 1 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Section 357/358 of the Municipal Act - Adjustment to Taxes Recommendation: 1. That Report CS 34-08 of the Director, Corporate Services & Treasurer be received; 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: Not Applicable Financial Implications: If approved, the write-off of taxes as contained in this report represents a gross cost of $115,161.85 with a net cost to the City of approximately $33,093.07 the balance being charged back to the Region of Durham and the School Boards. Pickering's share of the costs will be charged to the 2008 Current Budget allocation under General Government - Provision for Uncollectable Taxes. Sustainability Implications: implications. This report does not contain any sustainability Background: The Municipal Act provides the Treasurer with various tax tools regarding the administration and collection of property taxes. Under the provisions of Section 357 of the Municipal Act, reduction of taxes due to fire, demolition, exemption, assessment change or error is allowed for the current year only. Section 358 of the Municipal Act, allows for the reduction of taxes due to assessment error and this section can be applied to property taxes for the two preceding years. Change in realty tax class can translate into lower property taxes if the property went from industrial to commercial tax class or commercial to residential tax class. Demolitions, and other physical changes to a property, such as removing or filling in a Report CS 34-08 Date: July 7, 2008 Subject: Section 357/358 of the Municipal Act - Adjustment to Taxes Page 2 1 l f) ; ,j (- sWimming pool, or damage caused by fire result in a reduction In assessment and taxes. Municipal Property Assessment Corporation has conducted a review of those lands adjoining the 407 roadway. They have reviewed records and have determined that those land listed on Attachment 1 should be considered as 407 property and is therefore exempt from property taxation as per subsection 3.8.1 of the Assessment Act. Four properties reflects "no change" or reduction in their property taxes. These changes are shown as having zeros in the corresponding columns. Municipal Property Assessment Corporation or MPAC staff have investigated the assessment reduction request. After completing their investigation, they have reached the conclusion that the property does not warrant a reduction in assessment and corresponding adjustment in property taxes. If the property owner does not agree with MPAC's recommendation, they have the right to appeal to the Assessment Review Board under section 357(7) of the Municipal Act, 2001. Attachments: 1. Section 357/358 Adjustment to Taxes Prepared By: Approved I Endorsed By: ~. '.... ~~~:~,.;:'O'._:::-2 _ --~---~~-~ ..... ~._~--"~-' ' Gillis A. Paterson Director, Corporate Services & Treasurer GAP:tp Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council / / q ~./" CITY OF PICKERING SECTION 357/358 ADJUSTMENTS TO TAXES JULY 2008 APP # NAME REASON FOR ADJUSTMENT YEAR ROLL NUMBER CITY REGION EDUCATION TOTAL 75/06 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2004 030.003.32700 $128.23 $251.39 $48.42 $428.04 76/06 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.32700 $134.69 $262.76 $48.40 $445.85 21/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.009.15300 $202.15 $394.35 $162.80 $759.30 22/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.009.15300 $201.10 $426.62 $161.04 $788.76 23/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.28800 $176.42 $344.16 $142.08 $662.66 24/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.28800 $178.02 $377 .67 $142.56 $698.25 25/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.28000 $260.95 $509.07 $0.00 $770.02 26/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.28000 $230.77 $489.57 $184.80 $905.14 27/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.26800 $220.52 $430.32 $177.60 $828.44 28/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.26800 $227.47 $482.58 $182.16 $892.21 29/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.27100 $301.38 $587.94 $242.72 $1,132.04 30/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.27100 $296.70 $629.45 $237.40 $1,163.55 37/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.28600 $34.30 $66.91 $29.60 $130.81 38/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.28600 $32.86 $69.72 $30.36 $132.94 39/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.27400 $35.16 $68.58 $30.34 $134.08 40/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.27400 $34.29 $72.75 $31.68 $138.72 41/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.25900 $14.70 $28.68 $0.00 $43.38 42/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.25900 $16.48 $34.97 $0.00 $51.45 43/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.29500 $205.82 $401.52 $165.76 $773.10 44/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.29500 $210.99 $447.61 $168.96 $827.56 45/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.29800 $29.16 $56.87 $25.16 $111.19 46/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.29800 $27.15 $57.59 $25.08 $109.82 47/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.31300 $301.38 $587.94 $242.72 $1,132.04 48/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.31300 $309.89 $657.42 $248.16 $1,215.47 49/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.32000 $231.55 $451.71 $0.00 $683.26 50/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.32000 $237.36 $503.56 $0.00 $740.92 51/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.32300 $301.38 $587.94 $0.00 $889.32 52/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.32300 $296.70 $629.45 $0.00 $926.15 53/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.34000 $0.00 $0.00 $0.00 $0.00 54/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.34000 $0.00 $0.00 $0.00 $0.00 55/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.35400 $474.13 $924.93 $381.84 $1,780.90 56/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.35400 $481.31 $1,021.10 $385.44 $1,887.85 57/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.004.11700 $205.82 $401.52 $165.76 $773.10 58/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.004.11700 $197.80 $419.63 $158.40 $775.83 59/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.009.13900 $133.77 $260.95 $115.44 $510.16 60/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.009.13900 $127.88 $271.29 $118.14 $517 .31 61/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.009.14400 $154.37 $301.14 $124.32 $579.83 62/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.009.14400 $159.89 $339.20 $128.04 $627.13 63/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.009.14600 $231.55 $451.71 $186.48 $869.74 64/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.009.14600 $234.06 $496.56 $187.44 $918.06 65/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.009.15200 $29.16 $56.87 $25.16 $111.19 66/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.009.15200 $27.86 $59.11 $25.74 $112.71 67/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.009.15400 $62.48 $121.89 $50.32 $234.69 68/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.009.15400 $65.93 $139.88 $52.80 $258.61 69/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.003.35500 $580.71 $1,132.86 $0.00 $1,713.57 70/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.003.35500 $679.11 $1,440.73 $0.00 $2,119.84 71/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2005 030.004.11600 $790.21 $1,541.55 $636.40 $2,968.16 72/07 Ontario Realty Corporation Gross or Manifest Clerical Error-407 properties 2006 030.004.11600 $916.47 $1,944.29 $733.92 $3,594.68 ~ ~ :I: 3: m :;; '-~ f -1 o :;:AJ m "U () ;;.::I -1 :ft ~ L/\ I..V -c:.. \ .-/~'.,.J r ~--,,, ~ ) CITY OF PICKERING SECTION 357/358 ADJUSTMENTS TO TAXES ..---.";" JULY 2008 ':....t..J -;::. APP# NAME REASON FOR ADJUSTMENT YEAR ROLL NUMBER CITY REGION EDUCATION TOTAL 98/07 Ministry of Transportation Became exempt 2005 010.030.05200 $1,301.10 $2,538.18 $0.00 $3,839.28 99/07 Ministry of Transportation Became exempt 2006 010.030.05200 $1,167.02 $2,475.82 $0.00 $3,642.84 100/07 Ministry of Transportation Became exempt 2007 010.030.05200 $1,270.52 $2,583.21 $0.00 $3,853.73 110/07 Ministry of Transportation Became exempt 2005 010.040.08100 $819.62 $1,598.91 $0.00 $2,418.53 111/07 Ministry of Transportation Became exempt 2006 010.040.08100 $735.16 $1,559.63 $0.00 $2,294.79 112/07 Ministry of Transportation Became exempt 2007 010.040.08100 $800.36 $1,627.28 $0.00 $2,427.64 113/07 Ministry of Transportation Became exempt 2005 010.039.15100 $547.64 $1,068.33 $0.00 $1,615.97 114/07 Ministry of Transportation Became exempt 2006 010.039.15100 $491.20 $1,042.08 $0.00 $1,533.28 115/07 Ministry of Transportation Became exempt 2007 010.039.15100 $534.77 $1,087.28 $0.00 $1,622.05 126/07 Donald / Elizabeth Evans Size of property incorrect 2008 010.021.08314 $26.55 $53.98 $18.48 $99.01 130/07 Larry Giles / Elizabeth McGown Garage incorrectly assessed as 3-car 2008 030.020.01700 $34.18 $69.40 $23.76 $127.34 06/08 2143345 Ontario Inc Building Demolished 2008 030.008.07100 $463.30 $940.74 $322.08 $1.726.12 10/08 556170 Ontario Limited Gross or Manifest Clerical Error 2007 020.022.07706 $0.00 $0.00 $0.00 $0.00 11/08 556170 Ontario Limited Gross or Manifest Clerical Error 2008 020.022.07706 $0.00 $0.00 $0.00 $0.00 17/08 City of Pickering Became exempt 2008 010.021.06568 $37.98 $77.11 $26.40 $141.49 18/08 City of Pickering Became exempt 2008 020.016.06806 $37.98 $77.11 $26.40 $141.49 19/08 Ontario Realty Corporation Building Demolished 2008 030.011.16900 $408.73 $829.93 $698.78 $1,937.45 20/08 Ontario Realty Corporation Building Demolished 2008 030.003.25800 $523.97 $1,063.94 $487.74 $2,075.66 21/08 Ontario Realty Corporation Building Demolished 2008 030.003.29400 $542.63 $1,101.80 $659.08 $2,303.51 22/08 Ontario Realty Corporation Building Demolished 2008 030.004.33700 $391.41 $794.76 $587.49 $1,773.66 23/08 City of Pickering Became exempt 2006 030.002.33410 $32.97 $69.94 $26.40 $129.31 24/08 City of Pickering Became exempt 2007 030.002.33410 $35.89 $72.97 $26.40 $135.26 25/08 City of Pickering Became exempt 2008 030.002.33410 $37.98 $77.11 $26.40 $141.49 26/08 City of Pickering Became exempt 2006 030.002.33412 $32.97 $69.94 $26.40 $129.31 27/08 City of Pickering Became exempt 2007 030.002.33412 $35.89 $72.97 $26.40 $135.26 28/08 City of Pickering Became exempt 2008 030.002.33412 $37.98 $77.11 $26.40 $141.49 32/08 Conservation Authority Changed to taxable based on ownership 2007 030.020.26000 $1,338.71 $2,721.86 $587.15 $4,647.72 33/08 Conservation Authority Changed to taxable based on ownership 2007 030.020.25500 $606.55 $1,233.23 $446.16 $2,285.94 34/08 Conservation Authority Changed to taxable based on ownership 2008 030.020.25500 $641.79 $1,303.16 $446.16 $2,391.11 35/08 Conservation Authority Changed to taxable based on ownership 2007 030.020.26010 $854.19 $1,736.74 $628.32 $3,219.25 36/08 Conservation Authority Changed to taxable based on ownership 2008 030.020.26010 $903.82 $1,835.22 $628.32 $3,367.36 37/08 Conservation Authority Changed to taxable based on ownership 2007 030.020.26100 $3,872.57 $7,873.69 $2,848.56 $14,594.82 38/08 Conservation Authority Changed to taxable based on ownership 2008 030.020.26100 $4,097.56 $8,320.15 -$15.84 $12,401.87 $33,093.07 $67,287.89 $14,796.72 $115,161.85