HomeMy WebLinkAboutPD 40-08
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REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 40-08
Date: October 6,2008
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 31/05
1291821 Ontario Limited
1070 Toy Avenue
(South Part of Lot 18, Concession 1
Parts 1 - 5, 40R-19641 and Parts 1 - 3, 40R-22986)
City of Pickering
Recommendation:
1. That Zoning By-law Amendment Application A 31/05 submitted by 1291821 Ontario
Limited to amend the zoning of the subject property to permit outdoor storage,
truck parking, loading facilities and railway trackage in any yard in association
with the existing permitted liquid waste management facility on lands situated on
the South Part of Lot 18, Concession 1 (Parts 1 - 5, 40R-19641 and Parts 1 - 3,
40R-22296) be approved; and
2. Further, that the amending zoning by-law to implement Zoning By-law
Amendment Application A 31/05 as set out in Appendix I to Report PD 40-08 be
forwarded to City Council for enactment.
Executive Summary: Direct Line Environmental Services Inc. currently operates
from both the subject property, 1070 Toy Avenue, and the abutting property to the
south, 1060 Toy Avenue, (number companies 1291821 and 2042530 Ontario Inc.
respectively). The subject property currently supports one industrial building, and the
southerly abutting property supports an office building. The combined properties
operate as one cohesive development.
Direct Line acquired surplus land from the Canadian National Railway and desires to
expand their operation into these additional lands for outdoor storage, truck parking,
and loading facilities, while also permitting truck parking and storage in the front yard of
1070 Toy Avenue.
Report PD 40-08
October 6, 2008
Subject: 1291821 Ontario Limited (A 31/05)
Page 2
,j 1
The subject property is dual zoned (M1 & MC-6), therefore an amendment is required to
rezone the property to one zone (MC-6) to permit outdoor storage, truck parking,
loading facilities and railway trackage in any yard in association with the existing liquid
waste management facility (see Location Map and Applicant's Submitted Plan,
Attachment #1 and #2). The existing light manufacturing plant is a permitted use within
both the M1 & MC-6 zones.
The Ministry of the Environment (M.O.E.) issued an Amended Provisional Certificate of
Approval for both 1060 and 1070 Toy Avenue in December 2005. The Certificate
allows the north end of 1070 Toy Avenue to be used for the storage of empty containers
and waste management equipment provided the site is in accordance with all local
Municipal zoning requirements and by-laws. The Certificate also allowed an increase in
the total amount of liquid industrial waste to be stored on-site from 931,150 litres to
2,312,500 litres.
The application has been with the City since 2005. The owner has been working with
City staff and the Toronto and Region Conservation Authority (TRCA) over this time
period to address TRCA environmental concerns. TRCA recently reached a wetlands
compensation agreement with the owner and consequently has no objection to the
zoning amendment moving forward.
Approval of this application will establish a zoning for the subject property which will
permit outdoor storage, truck parking, loading facilities and railway trackage in any yard,
in conjunction with the existing liquid waste management facility. The proposal is
compatible with the surrounding neighbourhood and conforms to the Pickering Official
Plan. The City's detailed requirements respecting development of the property will be
addressed through specific zoning provisions and conditions of Site Plan Approval.
It is recommended that this application be approved and the draft by-law be forwarded
to City Council for enactment.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
Sustainability Implications: The owner will be required to establish off-site
wetland units on publicly owned lands within the Duffins Creek Watershed through a
wetland compensation package agreed upon with the TRCA.
An expansion to the existing operation will allow the site to effectively handle the
processing and transfer of liquid wastes from businesses and customers across the
Province of Ontario, which will help reduce the illegal disposal of untreated waste.
Report PD 40-08
October 6,2008
Subject: 1291821 Ontario Limited (A 31/05)
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Page 3
Background:
1.0 Comments Received
1.1 Before the Information Meeting (see Information Report, Attachment #3)
Ministry of the Environment
no objection to obtaining Certificate of
Approval, provided the storage of
containers and equipment on the former
CNR property at the north end of the site is
in accordance with all local municipal
zoning requirements and by-laws;
the total amount of liquid industrial waste
allowed to be stored on site at 1060 and
1070 Toy Avenue shall not exceed
2,312,500 litres;
Ministry of Transportation
applicant is required to obtain permits
before any proposed structure or visible
sign from Highway 401 is erected;
Region of Durham
no objections, proposed uses may be
permitted within Employment Areas;
Veridian Connections
no comments;
Pickering Fire Services
no objection, further comments will be
provided during Site Plan review process;
1.2 At the March 23, 2006 Information Meeting
none received (see Minutes, Attachment #4);
Report PO 40-08
October 6, 2008
Subject: 1291821 Ontario Limited (A 31/05)
Page 4
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1.3 Following the Information Meeting
Toronto and Region
Conservation Authority
(TRCA) - April 25, 2006
a scoped Environmental Impact Statement
is required;
Toronto and Region
Conservation Authority
(TRCA) - July 24, 2008
no objections, further comments will be
provided during the Site Plan review
process;
the applicant has agreed to provide TRCA
with a financial compensation package to
be finalized at the Site Plan Agreement
stage (see Attachment #5);
Municipal Property &
Engineering (MP&E)
no objections, further comments will be
provided during the Site Plan review
process;
MP&E will discuss with the applicant, the
option of conveying a part of their property
to install a proper turning circle at the north
end of Toy Avenue in conjunction with the
proposed road construction in 2009;
any agreements will also be finalized at the
Site Plan Agreement stage.
2.0 Discussion
2.1 Company History
Direct Line Environmental Services Inc. (Direct Line) is a liquid waste
management company that has been in operation for more than forty years,
employing approximately 100 people. The company receives liquid waste
products from industrial and commercial properties throughout the Province of
Ontario. Examples of the types of liquid waste products include, but are not
limited to: waste water, hazardous and non-hazardous sludge, acid and alkaline
wastes, used anti-freeze and others liquid waste products and bi-products.
In 1998, Direct Line obtained a Ministry of Environment (M.O.E.) Certificate of
Approval (CofA) for its current operation at 1060 and 1070 Toy Avenue. Under
their existing CofA, the site is authorized to transport, receive and process waste
and has full general and environmental liability coverage insurance for treatment
and transport.
Report PD 40-08
October 6,2008
Subject: 1291821 Ontario Limited (A 31/05)
Page 5
) 4
In 2005, Direct Line obtained an Amended Conditional M.O.E. Certificate of
Approval to allow the company to store and process additional liquid waste on
site (increase in the total amount of liquid industrial waste to be stored on-site
from 931,150 litres to 2,312,500 litres). The Certificate also granted approval for
the on-site processing of waste on a 24 hour/7 days per week basis, and
permitted the facility to receive emergency shipments of waste from spill
clean-ups outside of normal waste receipt hours. Use of the north end of
1070 Toy Avenue for the storage of empty containers and waste management
equipment is conditional upon compliance with all local Municipal zoning
requirements and by-laws. While the current operation complies with zoning, the
expanded operation requires a zoning amendment to permit outdoor storage,
truck parking, loading facilities, and railway trackage. Consequently, this
rezoning application has been submitted.
2.2 Proposed accessory uses in all yards is compatible with the existing site
operation and the surrounding area provided these areas are properly
screened and separated from the street and parking areas
The applicant requests that the zoning by-law permit open storage and truck
parking in any yard. The property is situated entirely within an established
industrial area along Toy Avenue which includes other industrial uses such as
automobile repair, manufacturing, and a waste transfer facility. The MTO yard
storage facility is located immediately west of the property. The site has
supported an industrial liquid waste management facility use since 1998. Its
existing operation, and proposed expansion area, yard storage and truck parking
uses, and utilization of the existing rail spur are in keeping with the general
character of the neighbourhood and reflect a logical extension of the existing use.
The proposed location of empty storage containers and truck parking area to the
north and west portions of the site will be properly screened from Highway 401
and set back well within the property boundaries.
CN Rail sold the subject property, including the remnant rail spur, to Direct Line.
Direct Line is exploring the option of transporting their products by rail using the
existing rail spur. The proposed zoning requirements will help assist Direct Line
to improve the organization of their site and operations and accommodate
expansion plans.
2.3 The applicant and TRCA have agreed upon a wetland compensation
package to address ecological concerns on the property
The Scoped Environmental Impact Study report submitted by the applicant to
both the City and TRCA identified the presence of a wetland on the property. The
applicant has consulted with both Plann~ng & Development and TRCA staff to
discuss appropriate mitigation measures regarding the loss of on-site wetlands.
In June 2008, the applicant and the TRCA agreed to a financial compensation
package (known as the wetland compensation project) for damages to the
Report PD 40-08
October 6,2008
Subject: 1291821 Ontario Limited (A 31/05)
Page 6
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on-site wetlands, caused by any of the associated uses approved by this zoning
amendment application. According to TRCA, the wetland compensation project
would be used to establish wetland units of equal or greater ecological value on
publicly owned lands within the Duffins Creek watershed.
Planning & Development staff supports the concept of a wetland compensation
project in this. particular situation, as it is considered an environmental
enhancement. All landscaping, buffer and compensation requirements will be
addressed through the Site Plan review stage, and will be a condition of TRCA's
site plan clearance.
2.4 Toy Avenue Reconstruction Project anticipated to commence in 2009
The reconstruction of Toy Avenue is a joint project by both the City of Pickering
and Region of Durham. The project is identified by the City as a storm sewer
and road reconstruction initiative. The Region of Durham will be financially
responsible for replacing the existing watermain and signalizing the intersection
at Toy Avenue and Bayly Street.
The City of Pickering budgeted in 2008 for storm sewers and road urbanization
from Bayly Street to a point just north of Quartz Street, south of 1070 Toy Avenue.
The storm sewer is unable to extend throughout the entire length of Toy Avenue
due to: the lack of available outlets, coordination within two watersheds (Duffins
and Krosno) and conflicts with the York/Durham Sanitary Trunk Line. The north
section of Toy Avenue will maintain a rural profile with ditches and culverts (no
storm sewers). The applicant intends to discuss with the City a design which will
accommodate storm sewer connections to and from the subject property in the
future.
The City will work with Direct Line Environmental Inc. to discuss the acquisition of
additional lands from 1070 Toy Avenue, in order to create a proper turning circle
in collaboration with the proposed road work along Toy Avenue. These works
are expected to commence in early 2009. The City's requirements respecting
this matter will be addressed through the Site Plan Approval process.
2.5 Site Functioning Issues will be addressed through the Site Plan Review
Process
The Site Plan Review process will address all matters pertaining to site
functioning. The applicant is proposing open space storage and truck parking in
any yard. The proposed Site Plan as submitted by the applicant indicates the
proposed areas for open space storage and truck parking (see Applicant's
Submitted Plan, Attachment #2).
The bullet points outlined below identify many of the development matters to be
addressed through the site plan review process:
Report PO 40-08
October 6, 2008
Subject: 1291821 Ontario Limited (A 31/05)
Page 7
,I , 6
· significant landscape buffer to screen the view of open storage containers
from Highway 401 as well as The Canadian National Railway Corridor;
· minor landscaping buffer to screen the view of open storage containers
along the south-west portion of the subject property parallel to Toy
A venue;
· separation of passenger vehicular parking from truck parking and traffic
as well as from open storage containers in all yards;
· on-site usage of the old CN Rail spur which currently exists on the site and
how it will function with the Canadian National Railway Corridor;
· height of storage containers proposed to be stacked on site;
· possible conveyance of a portion of the subject property to the City in
order to provide for a turning circle as part of the Toy Avenue
Reconstruction Project;
· finalization of a compensation package requested by TRCA to
compensate for the loss of an existing wetland complex on-site.
2.6 By-law to be forwarded to Council
The attached by-law schedule included as Appendix I to this report, implements
Staff's recommendation to approve the applicant's request. A text and schedule
amendment to the existing 'MC-6' Industrial-Commercial zoning is proposed. It is
recommended that the attached schedules be forwarded to Council for
enactment should Council approve this application.
3.0 Applicant's Comments
The owner is aware of and supports the recommendations of this Report.
Report PO 40-08
October 6,2008
Subject: 1291821 Ontario Limited (A 31/05)
Page 8
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APPENDIX:
Appendix I: Draft Implementing Zoning By-law
Attachments:
1 . Location Map
2. Applicant's Submitted Plan
3. Information Report
4. Statutory Public Information Meeting Minutes
5. Toronto and Region Conservation Authority
Prepared By:
Approved I Endorsed By:
{1/:/
Neil Car MoP, RPP
Director, Planning & Development
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
41
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APPENDIX I TO
REPORT PO 40-08
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 31/05
9
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
~FT
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as
amended by By-law 2234/86, to implement the Official Plan of the City
of Pickering District Planning Area, Region of Durham, on South Part
of Lot 18, Concession 1 Parts 1 - 5, 40R-19641 and Parts 1 - 3,
40R-22986, in the City of Pickering (A 31/05).
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit outdoor storage, truck parking, loading facilities and railway trackage in any yard
in association with the existing permitted light manufacturing plant within a 'MC-6' -
Industrial Commercial Zone on South Part of Lot 18, Concession 1 Parts 1 - 5, 40R-
19641 and Parts 1 - 3, 40R-22986, in the City of Pickering;
AND WHEREAS an amendment to By-law 2511, as amended by By-law 2234/86, is
therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE "I" AMENDMENT
Schedule "I" to By-law 2511 as amended by By-law 2234/86, is hereby repealed
and replaced with Schedule "I" attached thereto.
2. TEXT AMENDMENT
Section 5.(1)(b) - Zone Requirements of By-law 2243/86 is hereby amended by
alphabetizing the following subsection after subsection 5.(1)(b)(ix):
A Outdoor storage shall be permitted in any yard except the
front yard so long as the area used for outdoor storage
purposes does not exceed 30 percent of the area of the lot
B Despite Section 5.(1 )(b)(ix)A of this by-law, outdoor storage,
railway trackage and loading facilities are permitted in the
hatched area shown on Schedule I.
Section 5.(1)(b) - Zone Requirements of By-law 2243/86 is hereby amended by
alphabetizing the following subsection after subsection 5.(1)(b)(x):
C Section 5.21.2a) of By-law 2511, shall not apply on the
hatched area shown on Schedule I of this by-law.
"1 U;]
Section 5.(1 )(b) - Zone Requirements of By-law 2243/86 is hereby amended by
alphabetizing and adding the following subsection after subsection 5.(1 )(b)(xi):
- 2 -
A Sales outlets are permitted uses only if accessory to food
preparation plants, light manufacturing plants, merchandise
service shops or warehouses, and providing the gross floor
area of the sales outlet does not exceed 20 percent of the
gross floor area of the food preparation plant, light
manufacturing plant, merchandise service shop or
warehouse
B Existing railway spurs prior to the passing of this by-law are
permitted to encroach beyond the hatched area shown on
Schedule I
C Despite Section 2.74.1 and 5.19(c) of By-law 2511,
temporary storage tank containers located in the hatched
area shall not exceed 6.0 metres in height.
3. BY-LAW 2511
By-law 2511, as amended by By-law 2234/86, is hereby further amended only to
the extent necessary to give effect to the provisions of this By-law as it applies to
the provisions of the By-law as set out in Section 1 and 2 above. Definitions and
subject matters not specifically dealt with in this By-law shall be governed by
relevant provisions of By-law 2511, as amended.
4. 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-LAW read a first, second, and third time and finally passed this 20th day of October,
2008.
Debi A. Wilcox, City Clerk
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PROPERTY DESCRIPTION SOUTH PART OF LOT 18, CONCESSION 1, PART 1, 40R-19641
Planning & Development Department
OWNER 1291821 ONTARIO LTD.
FILE No. A 31/05
o a oureBS:
Teranal Enterprises, I".c. and its suppliers. All rights Reserved. Not a plan of survey.
2005 MPAC and ill!! suppliers. All ri9hts Reserved. Not 0 plan of Survey.
DATE JULY 18, 2008
SCALE 1 :5000
DRAWN BY JB
CHECKED BY AY
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INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN
A 31/05 - 1291821 ONTARIO LTD.
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NOTE SITE SCREENING
REQUIREMENTS FROM 401
HIGHWAY TO BE DETERMINED
DURING THE SITE PLAN
APPROVAL PROCESS.
EX M1NfSTRY Of-
TRANSPORTATION YARD
EX. MATERIAL
STOCKPilE
TO BE REMOVED
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN, JULY 18, 2008
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INFORMATION REPORT NO. 03-06
FOR PUBLIC INFORMATION MEETING OF
March 23, 2006
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 31/05
1291821 Ontario Limited
1070 Toy Avenue
South Part of Lot 18, Concession 1
(Parts 1-5, 40R-19641 & Parts 1-3, 40R-22986)
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
- the subject property is located at the east side of Toy Avenue (see Attachment
#1 - Location Map), and is surrounded by industrial uses;
- the subject property is bounded by the Canadian National Rail (CNR) Corridor
to the north and east and is visible from Highway 401;
- the subject property is approximately 3.3 hectares in size, including the
southern portion of 1 hectare which supports an industrial building and the
northern portion of 2.3 hectares which was recently acquired from CNR;
Direct Line Environmental Services Inc. operates a liquid waste recycling
business from the existing building on the southern portion of the site.
2.0 APPLICANT'S PROPOSAL
- the subject property is currently dual zoned (M1 and MC-6);
- the applicant proposes to amend the existing zoning on the subject property
from dual zones to one unified zone which would allow for outdoor storage,
truck parking, loading facilities and railway trackage in any yards, associated
with the existing permitted liquid waste management facility (see Attachment #2 -
Site Plan);
Information Report No. 03-06
Page 2
! 15
the applicant has applied to the Ministry of the Environment (MOE) to amend
their existing Certificate of Approval to allow for an expansion at 1060 and
1070 Toy Avenue.
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham ReQional Official Plan
the Durham Regional Official Plan identifies the subject land as being within
an 'Urban Areas - Employment Area' designation, where development is
intended for employment purposes;
the applicant's proposal appears to conform with this designation;
3.2 PickerinQ Official Plan
the subject property is designated "General Employment" within the
Brock Industrial Neighbourhood;
this designation allows for storage and truck parking as accessory uses to the
primary industrial use;
Toy Avenue is designated Local Road, such roads are to provide access to
individual properties and carry local traffic;
an easterly strip of land on the subject property abutting the CNR Corridor is
identified as "Shorelines and Stream Corridors" and "Wetlands" on the Resource
Management Schedule in the Pickering Official Plan;
the applicant's proposal conforms to the applicable Official Plan policies;
3.3 ZoninQ By-law 2511
the northern portion of the subject property is zoned M1 - Yard Storage and
Light Manufacturing Zone, under Zoning By-law 2511, as amended (see
Attachment #3 - Zoning Map);
the southern portion of the subject property is zoned MC-6 - Industrial-Commercial
Zone, under Zoning By-law 2511 , as amended by By-law 2234/86;
M1 zone currently does not permit outdoor storage;
MC-6 zone currently does not permit outdoor storage in the front yard, 100%
parking in the front yard, and any railway trackage;
an amendment to the zoning by-law is required to allow for the proposed
accessory uses such as outdoor storage, truck parking, loading facilities and
railway trackage in any yards on the subject property.
4.0 RESUL 15 OF CIRCULA liON
4.1 Resident Comments
no resident comments have been received to date;
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Information Report No. 03-06
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Page 3
4.2 Agency Comments
Ministry of Transportation requires the applicant to obtain permits before any
structure or visible sign from Highway 401 may be erected (see Attachment # 4);
4.3 Staff Comments
Pickering Fire Services has no objection to this application and will provide
further comments during site plan review process;
in reviewing the application to date, planning staff has identified the following
matters for further review and consideration:
· examine the compatibility of the proposed accessory uses in the yards
with surrounding lands;
. assess the potential impact on the wetland to the east;
· evaluate the proposed outdoor storage/truck parking in terms of their
locations and area percentage to determine whether any limitation should
be implemented in any zoning by-law;
· ensure that proper landscaping and buffer can ,be provided between the
proposed outdoor uses and the surrounding lands and Highway 401;
. confirm the status of the owner's MOE Certificate of Approval Amendment
Application;
this Department will conclude its position on this application after it has
reviewed and assessed the above-noted comments, and any comments
received from the circulated departments, agencies and the 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 reserve the option to appeal Council's decision, you must
provide comments to the City before Council adopts any by-law for this
proposal;
if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
Information Report No. 03-06
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Page 41 7
6.0 OTHER INFORMATION
6.1 Appendix No. I
list of neighbourhood residents, community associations, agencies and City
Departments that have commented on the applications at the time of writing
report;
6.2 Information Received
copies of the Applicant's submitted plan are available for viewing at the offices
of the City of Pickering Planning & Development Department;
- the City of Pickering has received the following technical information / reports
on the proposed application:
· Executive Summary Groundwater Monitoring, prepared by Ecotech Planners
& Advisors Inc., dated November 2005;
· Phase II Environmental Site Assessment, prepared by Ecotech Planners
& Advisors Inc., dated December 2004.
6.3 Company Principal
- the President of 1291821 Ontario Limited is Robert Munshaw.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Joyce Yeh
Planner I
Lynda Taylor, MCIP, RPP
Manager, Development Review
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Attachments
Copy: Director, Planning & Development
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Minutes I Meeting Summary
Statutory Public Information Meeting
Council Chambers
Thursday, March 23, 2006
7:00 pm.
Attendees: Councillor Dickerson - Chair
Councillor McLean - left 7:20 pm to attend Library Meeting
Ross Pym, Principal Planner - Development Review
Joyce Yeh, Planner I
Birgit Wilson - Recording Secretary
Also Attendeing: Samantha Keser, Barrister & Solicitor
Hem/ Details & Discussion & Conclusion
Ref # (summary of discussion)
1. ZONING BY-LAW AMENDMENT APPLICATION A 31/05
1291821 ONTARIO LIMITED
1070 TOY AVENUE
SOUTH PART OF LOT 18, CONCESSION 1
(Parts 1-5, 4OR-19641 & Parts 1-3, 4OR-22986)
CITY OF PICKERING
1. Planner Comments
Joyce Yeh, Planner1, provided an overview of property location, applicant's
proposal and City's Official Plan policies pertaining to this site, as
outlined in Information Report #03-06.
2. Applicants Comments
Applicant nor a representative for the applicant was present at the meeting,
3. Comments from Members of the Public
No comments from members of the public.
2. ZONING BY-LAW AMENDMENT APPLICATION A 01/06
1678445 ONTARIO LIMITED
1630 - 1634 BAYLY STREET
SOUTH PART OF LOT 19, CONCESSION 1
CITY OF PICKERING
Page 1
CORP0228-2102
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~onserRvaiWn
for The Living City
July 24, 2008
CFN 37347.04
VIA MAIL AND EMAIL (ayearwood@citv.pickering.on.ca)
Mr. Ashley Yearwood
City of Pickering
Pickering Civic Centre
One The Esplanade
Pickering ON L 1V 6K7
Dear Mr. Yearwood:
Re: Zoning By-law Amendment Application No. A31/05
1070 Toy Avenue
South Part of Lot 18, Concession No.1
City of Pickering
(1291821 Ontario Limited)
First, we wish to advise that the applicant has satisfactorily addressed the concerns of TRCA
staff with respect to the zoning By-law amendment application captioned above. Second, we
wish to document, for your benefit, the significant events during the review process that took
place subsequent to our previous correspondence of April 25, 2006.
Review Process
In our correspondence of April 25, 2006 we had asked that an Environmental Impact Statement
be prepared by the applicant in order to describe and assess the existing site conditions and
evaluate the ecological impacts of development permitted by the proposed re-zoning. TRCA
staff had specific concern with respect to the presence of the adjacent Provincially Significant
Wetland complex and the interrelationship between that environmental feature and the
environmental features on the subject lands.
A draft Scoped Environmental Impact Study was received by TRCA on August 2, 2007 for our
review. Our review of the report revealed that wetland units were present on the subject lands.
Further, we were unable to agree with the recommendations of the draft report with respect to
the removal of the on-site wetlands. Specifically, the report supported wetland removal while
TRCA staff were in opposition to that recommendation due to the continuing ecological function
served by the on-site wetlands.
Discussions took place in the fall of 2007 and spring of 2008 between the applicant and TRCA
staff surrounding the development of the portions of the site containing wetland units while
TRCA staff continued to investigate the ecological value of the wetlands.
On April 11, 2008, TRCA staff offered to consider an off-site wetland compensation project to
be paid for by the applicant. Such a project would compensate for the destruction of the on-site
wetlands through the creation of new wetland units of equal or greater ecological value on
publicly owned lands. After a written submission to the applicant by TRCA staff providing a
dollar value to the wetland units was submitted on April 24, 2008, a contribution amount of
F:IHomelPubliclDevelopment ServiceslDurham RegionlPickeringl 1070 Toy-2.wpd
Member of Conservation Ontario
5 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.Dn.ca
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Mr. Ashley Yearwood
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July 24, 2008
$80,000 was agreed to between the applicant and TRCA staff on June 27, 2008.
Recommendation
Given this agreement, we have no objection to the zoning by-law amendment application
A31/05. While this amendment will place the subject lands, including the on-site wetland units,
within a uniform industrial zoning category that, along with a TRCA permit, will permit the
destruction of the wetlands, we are satisfied that the wetland compensation project will re-
establish wetland units of equal or greater ecological value on publicly owned lands within the
Duffins Creek watershed.
Next Steps: Site Plan Control and Ontario Regulation 166/06 Permit Requirement
Should the proposed zoning By-law amendment be approved by Council, we anticipate that the
owner will proceed with a site plan application in conformity with the amended zoning. We
intend to request that provisions be included into the Site Plan Agreement that will ensure that
the applicant provides the agreed to compensation amount. We intend to honour that
agreement by supporting a permit application, made by the owner pursuant to Ontario
Regulation 166/06 to remove the on-site wetland units.
It should be noted that we intend to review the detailed site plan design proposed by the
applicant and provide comments, as necessary.
We trust that this is of assistance. Please contact the undersigned if any clarification is
required.
Yours truly,
~~..
Chris Jones, B.U.R.PI.
Senior Planner
Planning and Development
Extension 5718
CJI
cc: Tyler Barnett, City of Pickering (via email totbarnett@citv.pickering.on.ca)
Ed Hystead, Direct Line Environmental Services (via email toehaystead@dlenv.com)
David Mihlik, Spriet Associates (via email tomail@arvadesiqn.ca)
Steve Heuchert, TRCA
Lisa Roberti, TRCA
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