HomeMy WebLinkAboutDecember 1, 2008
Planning & Development
Committee Agenda
Monday, December 1,2008
7:30 pm
Council Chambers
Chair: Councillor Johnson
PART "A"
PLANNING & DEVELOPMENT REPORTS
PAGES
1. Director, Planning & Development, Report PO 44-08
City Initiated Application
Zoning By-law Amendment Application A 14/08
1105 Kingston Road
City of Pickerina
1-32
RECOMMENDATION
1. That Zoning By-law Amendment Application A 14/08, initiated by the City of
Pickering, to amend the by-law schedules of amending Zoning By-law
6778/08 to reflect City Council direction that a future road identified on the
Brookdale Centre Inc. property be 10 metres in width, be approved; as set
out in Appendix I to Report PO 44-08; and
2. Further, that the amending zoning by-law to implement Zoning By-law
Amendment Application A 14/08, as set out in Appendix I to Report PO 44-
08, be forwarded to City Council for enactment.
2. Director, Planning & Development, Report PO 46-08
Rockwood Drive Extension
Parts 2, 4,5,8, 13 and 14, Plan 40R-21166
Road Closina and Transfers of Land to Abuttina Owners
33-37
RECOMMENDATION
1. That Report PO 46-08 of the Director, Planning & Development regarding the
closing and conveyance of portions of Rockwood Drive be received;
2. That Council enact a by-law to:
(a) stop-up and close certain portions of Rockwood Drive being those parts
of Lot 5, Registered Plan 282, designated as Parts 2, 4, 5 and 8, Plan
40R-21166 and those parts of Blocks 21 and 22, Plan 40M-2068,
designated as Parts 13 and 14, Plan 40R-21166 as public highway;
I
Planning & Development
Committee ~genda
Monday, December 1, 2008
7:30 pm
Council Chambers
Chair: Councillor Johnson
(b) declare those portions of Rockwood Drive set out in (a) above surplus
to the Corporation for the purpose of sale to the abutting owners, in
accordance with the provisions of the Municipal Act and the Acquisition
and Disposal of Land Policy, subject to any required easements; and
(c) authorize the execution of all relevant documentation necessary to
effect the stopping-up and closing of those portions of Rockwood Drive
as public highway and to effect the conveyances of them to the abutting
owners for nominal consideration, subject to any required easements.,
3. Director, Planning & Development, Report PD 48-08
Zoning By-law Amendment Application A 9/08
Addendum Report to Report Number PD 25-08
Fairport Inc.
692, 700-702 Front Road
(Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65)
Citv of Pickering
38-108
RECOMMENDATION
1. That Report PD 25-08 of the Director, Planning & Development be received;
2. 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 48-08, and
3. 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 48-08,
be forwarded to City Council for enactment.
(II) OTHER BUSINESS
(III) ADJOURNMENT
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 44-08
Date: December 1, 2008
01
From: Neil Carroll
Director, Planning & Development
SUBJECT: City Initiated Application
Zoning By-law Amendment Application A 14/08
1105 Kingston Road
City of Pickering
Recommendation:
1. That Zoning By-law Amendment Application A 14/08, initiated by the
City of Pickering, to amend the by-law schedules of amending Zoning
By-law 6778/08 to reflect City Council direction that a future road identified on the
Brookdale Centre Inc. property be 10 metres in width, be approved; as set out in
Appendix I to Report PO 44-08, and
2. Further, that the amending zoning by-law to implement Zoning By-law
Amendment Application A 14/08, as set out in Appendix I to Report PO 44-08, be
forwarded to City Council for enactment.
Executive Summary: The application proposes to amend the zoning by-law
schedules of By-law 6778/07 which was passed by City Council on June 18, 2007.
When Zoning By-law 6778/07 was passed, the by-law schedules did not accurately
reflect City Council's direction that a potential future road, located along the northeast
boundary of the Brookdale Centre Inc. (Brookdale) property, be identified as 10 metres
in width. Rather, the by-law schedules illustrated, in error, a potential future road width
of 19 metres located fully on the Brookdale property.
This amendment is technical in nature and will allow Brookdale to continue to develop
its lands in accordance with the City Council decision of June 18, 2007.
Financial Implications: No direct costs to the City are anticipated as a result of the
recommendations of this report.
Report PO 44-08
December 1, 2008
Subject: City Initiated Application (A 14/08)
02
Page 2
Sustainability Implications: This application allows the continued development of
the Brookdale lands being an infill project that provides for commercial intensification,
makes efficient use of vacant lands, and takes advantage of existing infrastructure
within the City's urban area.
Background:
1.0 Introduction
On June 18, 2007, Pickering City Council adopted amending Zoning By-law
6778/08 for the Brookdale lands (see Attachment #1 property location plan). It
was discovered at a later date, during the development of the Brookdale lands,
that the By-law schedules did not accurately reflect Council's direction that the
potential future road along the northeast boundary of the Brookdale property be
identified as 10 metres in width (being half of a potential future full road ROW width
of 20 metres). On July 14, 2008, Pickering City Council passed Resolution
153/08. This Resolution directed staff to initiate an amendment to the schedules
of Zoning By-law 6778/07 to reflect City Council's initial direction, such that only
10 metres of road width is identified on the Brookdale lands.
2.0 Comments Received
2.1 At the August 18, 2008 Public Information Meeting
Two people spoke in opposition to the application at the public meeting. The
first, a representative of Pentans Developments Ltd. (Pentans), the owners of
1167-1191 Kingston Road, being the land directly north of the proposed future
road that is the subject matter of this application. The concerns expressed were
related to the future location of the proposed road. Amending the by-law to
indicate only a 10 metre requirement from Brookdale would establish the future
need for a road width requirement of up to 10 metres from Pentans property,
which they strongly oppose.
A second person spoke regarding traffic concerns along Walnut Lane and
Kingston Road (see text of Information Report and Meeting Minutes,
Attachments #2 & #3)
2.2 Written Public Submissions on the Application
One written submission has been received from the solicitor representing
Pentans. The correspondence questions the Official Plan conformity of the
proposed amendment; the impacts of a future road on the Pentans lands;
whether the proposed amendment is the correct interpretation of CouncWs
previous direction; the appropriateness of establishing a municipal road on a
ten metre right-of-way; the future road construction complications related to
grade differences between the Pentans and Brookdale properties; and the impact
Report PD 44-08
December 1 , 2008
Subject: City Initiated Application (A 14/08)
Page 3
03
the amendment will have on the City's ability to implement the road network
vision for the Town Centre West area (see Attachments #4).
2.3 Agency Comments
No agency that provided comment has objection to the application.
3.0 Discussion
At the June 4, 2007 Planning & Development Committee Meeting, staff
presented a recommendation and draft by-law that protected for a future 20
metre wide road right-of way, entirely on Brookdale lands, along the northeast
boundary of the property. At this meeting Brookdale requested that only 10
metres be required from its property for a future road and that any additional
lands required for the future road be from abutting properties such as Pentans
(shared provision of road right-of-way). . Brookdale presented to the Committee
its requested modification to the proposed implementing by-law and included a
diagram that illustrated a shared road configuration (see Attachment #2). The
requested modifications were accepted by the Planning & Development
Committee and included in its recommendation to Council.
The zoning by-law schedules adopted by Council in By-law 6778/07 on June 18,
2007 did not reflect a sufficient northerly shift in the future road to implement
Council's direction that only 10 metres of the future road be located on the
Brookdale property. The schedules in fact illustrated, in error, the full road width
entirely on Brookdale's property. On July 14, 2008 City Council directed staff to
initiate this amendment to correct the location of the future road shown on the by-
law schedules. This application is considered a corrective amendment to adjust
the by-law schedules as directed by City Council.
The proposed amendment allows Brookdale to proceed with the development
and construction of the next phase of its project, in accordance with the intent of
City Council's approval of June 18, 2007. .
Approval of the amendment will not result in the immediate introduction of a
municipal road at this boundary location. Prior to any road development, the
Town Centre West Development Guidelines will need to be amended to reflect
changes to the internal road/aisle pattern for the Town Centre West area.
Council has directed City staff to report, through the current Official Plan Review,
on the policy changes required to reflect the changes to the Town Centre West
Development Guidelines based of the approval of the Brookdale zoning
amendment.
Staff have also included a housekeeping amendment to change the reference of
the "future road" parallel to Highway 401 to a "drive asile" to reflect the
requirements of MTO.
Report PO 44-08
December 1 , 2008
Subject: City Initiated Application (A 14/08)
04
Page 4
APPENDICES:
APPENDIX I: Draft Zoning By-law Amendment
Attachments:
1 . Location Map
2. Information Report No. 15-08
3. Minutes from August 18, 2008 Statutory Public Information Meeting
4. Abutting Landowner's Comment - David Tang, Gowling Lafleur Henderson LLP
Prepared By:
Approved/Endorsed By:
~'fin
Ross Pym, MCIP
Principal Planner - Development Review
Ne~
Director, Planning & Development
RP:cs
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering Cit Council
II
APPENDIX I TO
REPORT PD 44-08
DRAFT IMPLEMENTING ZONING BY-lAW
ZONING BY-lAW AMENDMENT APPLICATION A 14/08
05.
06
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. XXXXl08
Being a By-law to amend Zoning By-law 3036, as amended by
By-law 6778/07, and 6809/07 to implement the Official Plan of the City of
Pickering, Region of Durham, on Part of Lot 23 and 24, Concession 1, in
the City of Pickering. (A 14/08)
WHEREAS the Council of The Corporation of the City of Pickering passed
By-laws 6710/06, 6778/07 and 6809/07 amending By-law 3036, to permit a variety of
commercial uses including a home 'improvement centre on the subject lands, being Part
of Lot 23 and 24, Concession 1, in The City of Pickering;
AND WHEREAS By-law 6778/07 as amended by By-law 6809/07 included schedules
that illustrate a future road location that did not reflect City Councils direction with
respect to the location of the future road on the property;
AND WHEREAS City Council desire to correct the schedules to reflect their original
approval of the development by reducing the future road width requirement from the
subject lands;
AND WHEREAS an amendment to amending By-law 6778/07 as amended by By-law'
6809/07, is required to shift identification of a future road width northerly by reducing the
road width requirement for the lands zoned "MU-21" is deemed appropriate;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE I
Schedules I and II to By-law 6778/07, as amended by By-law 6809/07 are hereby
amended by shifting the location of the east/west leg of the future northern road
width in the "MU-21" Zone designation on the subject lands as set out on
Schedules I and II attached hereto.
3. AREA RESTRICTED
By-law 3036, as amended by By-law 6778/07 and By-law 6809/07, is hereby
further amended only to the extent nece~sary to give effect to the provisions of
this By-law as set out in Section 1 above, and as set out in Schedule I and II attached
hereto. Definitions and subject matter not specifically dealt with in this by-law shall
be governed by the relevant provisions of By-law 3036 as amended.
By-law No. XXXXl08
Page 2
4. EFFECTIVE DATE
This By'-Iaw 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 17th day of
November 2008.
David Ryan, Mayor
Debi A. Wilcox, City Clerk
07
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PROPERTY DESCRIPTION CONCESSION 1, PART OF LOT 23, 24
OWNER BROOKDALE CENTRE INC. DATE JULY 24, 2008 DRAWN BY JB
FILE No. A 14/08 SCALE 1:5000 CHECKED BY RP
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ATTACHMENT #:2 TO
REPORT II PO 4 '1-0 ~
1 1
Citl( 0/
INFORMATION REPORT NO. 15-08
FOR PUBLIC INFORMATION MEETING OF
August18,2008
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 14/08
1105 Kingston Road
City of Pickering
1.0 BACKGROUND
- on July 14, 2008, Pickering City Council passed Resolution 153/08 related to
amending the schedules of Zoning By-law 6778/07 for the Brookdale Centre
Inc. lands (see Attachment #1);
- a property location map is provided for reference (see Attachment #2) as well as a
copy of Schedule I and II of am~nding Zoning By-law 6778/07 (see
Attachment #3); .
- the Resolution directed staff to initiate an amendment to the by-law schedules
of amending Zoning By-law 6778/08 to reflect the original City Council
direction that the road dedication from the Brookdale Centre Inc. property be
only 10 metres;
- during deliberation on the rezoning application for Brookdale Centre Inc. at
the June 4, 2007 Planning & Development Committee meeting, three
amendments were adopted to the staff recommendation contained in Report
PO 18-07, and one of the amendments was to realign the east/west section of
the future north road so that only 10 metres was to be conveyed by Brookdale .
Centre Inc.;
- the relocation of the road came about by means of a request by Brookdale
Centre Inc. at the June 4, 2007 Planning & Development Committee meeting
when they presented to Committee their requested modification to the
approval of the rezoning application and included a diagram that illustrated a
shared road configuration (see Attachment #4);
- this amendment shifted the location of the proposed future north municipal
road so that any future road dedication would be split equally (10 metres
each) between Brookdale Centre Inc. and the abutting property to the north
(Pentans Development Ltd.);
Inforl~tion Report No. 15-08
ATTACHMENT# ~ TO
REPORT I PO l./ (1- 0 f(
Page 2
the revised draft zoning by-law schedules provided by staff and adopted by
Council in By-law 6778/07 on June 18, 2007 did not reflect a sufficient
northerly shift in the future road to implement the Committee's direction that
only 10 metres of the future road be located on Brookdale Centre Inc.
property, and in fact illustrated, in error, the full road entirely on Brookdale
Centre Inc. property;
Brookdale Centre Inc. now intends to proceed with development adjacent to
the south limit of the future northerly road and in order to do so requires that
the schedules to Zoning By-law 6778/07 be amended to accurately reflect the
original City Council direction that the road dedication from Brookdale Centre
Inc. be only 10 metres.
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Reaional Official Plan
designates the subject lands as Living Areas;
areas designated as Living Areas are intended to be predominantly used for
housing purposes, and may include limited office, retail and personal service
uses;
in consideration of development applications in Living Areas the intent of the
Plan is to achieve a compact urban form, including intensive residential,
office, retail and service and mixed uses along arterial roads and in
conjunction with present and potential transit facilities;
Kingston Road where it abuts the subject lands is designated as a Type B
Arterial Road and as a Regional Corridor;
the proposal appears to conform to the Durham Regional Official Plan;
3.2 Pickerina Official Plan
the Pickering Official Plan designates the subject lands as Mixed Use Area -
Mixed Corridors;
permissible uses within Mixed Use Area - Mixed Corridors Area include,
amongst others, a variety of uses including residential, retailing of goods and
services, offices and restaurants;
Mixed Use Areas are intended to have the widest variety of uses and highest
level of activities in the City when compared to other designations;
the subject lands are within the Town Centre Neighbourhood of the Official Plan;
the Pickering Official Plan encourages the highest mix and intensity of uses
and activities in the City to be in this neighbourhood;
the subject lands are within a Detailed Review Area and the City has adopted
the Town Centre West Development Guidelines that cover the subject lands;
Schedule II of the Pickering Official Plan - Transportation System designates
Highway 401 as a Freeway and designates Kingston Road where it abuts the
subject site as a Type B Arterial Road and a Transit Spine;
Information Report No. 15-08
ATTACHMENT #_ ~ TO
REPORT # PO _f t; - {) f
Page 3
"13
Type B Arterial Roads are designed to carry moderate volumes of traffic at
moderate to high speed and have some access restrictions;
a Transit Spine is where a higher level of transit service is to be encouraged;
Schedule " of the Pickering Official Plan... Transportation System designates
Dixie Road where it abuts the subject site as Local Roads;
Local Roads generally provide access to individual properties and carries
local traffic;
Schedule 11/ of the Pickering Official Plan - Resource Management designates
a portion of the abutting property associated with the Pine Creek as
Shorelines and Stream Corridors;
Shorelines and Stream Corridors identify lands that may be prone to water
impacts, such as flooding, erosion and slope instability;
the subject application will be assessed against the policies and provisions of
the Pickering Official Plan during the further processing of the applications;
3.3 Town Centre West Development Guidelines
the Town Centre West Development Guidelines were adopted by City of
Pickering Council on February 20, 1995;
the Development Guidelines identifies matters such as the land use mix and
arrangement, the scale and intensity of use, the transportation/internal roads
network, engineering matters and community design requirements;
the Development Guidelines also indicates; building setbacks and build-to-lines,
building heights, vehicular circulation, access, and parking;
the Development Guidelines establishes certain overall principles for the
areas development and they include a mix of use, an internal road network
pattern, connections to the existing Town Centre Neighbourhood and
adjacent neighbourhoods, a variety of housing and office building types and a
pedestrian and open space network;
the internal road network planned for the Town Centre West Neighbourhood
is an integral component of development in this area and Council has directed
City staff to report, through the recently initiated Official Plan Review, on the
policy changes required to reflect the changes to the Town Centre West
Development Guidelines,based of the approval of the Brookdale Centre Inc.
rezoning application;
3.3 Zonina By-law 3036
the subject lands are currently zoned "MU-21" - Mixed Use Zone by Zoning
By-law 3036, as amended by By-law 6778-07;
the existing zoning permits a variety of commercial uses as well as,
residential apartments located above the first floor of a building;
an amendment to the zoning by-law is required to implement Council's
direction respecting the road;
I fl .
Inforr-aation Report No. 15-08
1 .
'\;,1 ACHMEN7 #-...2_ TO
~ UORl it PO __Y.' Y":.e..e
Page 4
4.0 RESULTS OF CIRCULATION
4.1 Public Comments
- Pentans Development Limited, the property owners to the north of the
proposed road, have been in contact with the City, both directly and via their
solicitors, expressing their opposition to any proposed road that would be
partially located on their property or to any planning process that would
establish a future municipal road at this location (see Attachment #5);
4.2 Agency Comments
no agency comments have been received to date.
5.0 DISCUSSION
- as this application is consider a corrective amendment to adjust the by-law
schedules as directed by City Council 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 Qf 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. 15-08
ATTACHMENT # C} TO
lr:PORl if PD~ -u ~
Page 5
1 5
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;
7.2 Information Received
- as this application is consider a corrective amendment to adjust the by-law
schedules no technical reports have been prepared for this application;
- the need for additional information and/or technical reports will be determined
through the review and circulation of the applicant's current proposal;
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
1 6
ATlACHi\i1EilJi 'I '.. Q
REPORT # PD~1.:-Q~.____._~
APPENDIX NO. I TO
INFORMATION REPORT NO. 15-08
COMMENTING RESIDENTS AND LANDOWNERS
(1 ) none received to date
COMMENTING AGENCIES
(1 ) none received to date
COMMENTING CITY DEPARTMENTS
(1 ) none received to date
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1 7
NOTICE OF MOTION
. '
DATE: JULY 14,2008
MOVED BY~ COUNCILLOR.DICKERSON
'SECONDED BY: COUNCILLOR O'CONNELL
Amendina Zonina Bv-Iaw 677Si07- Brookdale'Centre Inc.,
. .' .
WHEREAS the Planning & Development Committee on June 4, 2007 considered staff
report PO 18-07 being, a recommendation report 'on thE! .second phase of rezoning
application A 03/06 by Brookdale Centre Inc. and adopted three amendments to the
staff recommendation that resulted in changes being req~ired to the draft zoning by~law
. . amendment and draft conditions of approval; and
WHEREAS one of the amendm.ents shifted the location of the proposed future north'
municipal road so.thatthe. future road dedication would be split equally (10 metres
e~6h) between Brookdale Centre Inc. and the abutting property to the north {Pentans
. Developme~t Ltd.); and . . . . . "
, .
WHEREAS staffre\fised , the' draft amending zoning by-law ,to implement . the
. Committee's amen'dmentsfor Council's considerati9n and approval; and
. . .
Wtl~~E:AS therevis.ed draft zoning by-law schedules provided by staff and adopted by
CounCiI,in.By-law 6778/07 on June 18, 2007 did not reflect a sufficient northerly shift in
thefutLJr~ road to implement the Committee's direction that only 1 0 metres of the future
road be located on B(ookdale Centre Inc. property, ~nd in fact illustrated,.jnerror, the
, full read entirely on Brbbkdale Centre Inc. property;' and' '
, .
WHEREAS Brookdale' Centre Inc. now intends to proceed with deveiopmentadjacent to
the south limit of future northerly road and has requested that the'City of Pickering
amend Zoning By-law 6778/07 schedules to accurately reflect the original City Council
direction tha.t the road dedication from Brookdale Centre Inc. be only 10 metres.'
1 B
ATTP,CHlVlENT # I . TO
REPORT # PO IS -0.(5
NOW THEREFORE City Council qirects staff to initiate an amendment to the by-Jaw
schedules of amending Zoning By-law 6778/08 to reflect the original City Council
direction that the road dedication from. the Brookdale. Centre Inc. property be only 10
metres; and
FURTHER, that Brookdale Centre Inc. and Pentans Developments Limited be sent a
. copy of this resolution. .
....;,.....
ATTACHMENT I
REPORT' PO
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PROPERTY DESCRIPTION CONCESSION 1. PART OF LOT 23. 24
OWNER BROOKDALE CENTRE INC. DATE JULY 24. 2008 DRAWN BY JB
FILE No. A 14/08 SCALE 1 :5000 CHECKED BY RP
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Brookdale Centre Inc.
,Concerns with Staff Report '& Proposed By-law
'June 4, 2007
Our client is concerned staff report relative to the following matters:
1) Mandatory minimum height and second useable storey requirement
should only apply to the buildings fronting along Kingston Road and
not apply to Building B and Building C (Sketch A).
.2) Our client requests that the proposed public road be located along
Highway 401, behind Home Depot and Building B (Sketch B).
3) If staff location of the road is approved by Council, we would request
that the road dedication is split equally between benefiting
landowners of 10 metres each (Sketch C).
ATTACHMEin #... ~ TO
REPORt # PD~--o~
26
BRlTCE IvfcMINN
IlARRISTER & SOLTCITqR
} THORNCLIFFE A VENlJE TORONTO ONTARIO CANADA M4K 1 V4
416.406.1957
bJnq rnj,tlBi<!; ini~rI()g. (~Oln
FHe No.: 104*08
March 13, 2008
By emaiI: 1Rl::Jll.l.il~.jt\.!..ickcrinf!.on;\.:a
The Corporation of the City of Pickering
Planning Department
One The Esplanade
Pickering, ON
Ll V6K7
Attn:.lvtr. Ross Pym, Principal PklOner
Dear Sir:
Rc: PENTANS Developments Limited
1167*1191 Kingston Roud, Pickering
nrookdnle Centre Inc.
Bv-Iaw No. 6778/07-Site Plan Almlication
r am solicitor to Pentans Developments Limited, owner of premises known municipally as 1167-
1191 Kingston RoadlPickering. My client's buildings are fully leasedl and have enjoyed a
succcssfu13ndhl\..tuI~sealJdoccupati()n since their cOllstruction by my client in 1979. My client
recalls specifically the (former) Town's encouragement for, and direction to, its proposed land
uscs ,it this location. . .
It has come recently to my client's attention that BrookdaleCcntre Inc. recently madc
appHcatiol1 for rezoning oflands to the \vest of the Pentans lands, to permit various
retail/commercial uses on said lands. The initiative resulted in the City's adoption of By-law
6778/07. An executive officer of my client attended the only public information session (June 15,
2006) as the said by-law prnceeded through the municipaJ approval process. My client generally
welcomed new development in the area; it was not averse to the orderly commercial
development of local lands to the benefit of the City and Pentans. In reliallee on Stan-
representations, my client was satis11ed that the proposed Brookdale rezoning generally
represented good land use planning. But under no circumstances wouJd have my client
~~~~~~~' I-t~ eTO
2
27
~lcquiesced to any munIcipal road taking or down-7.oningof its lands,
My client was tllcrefore utterly incredulous wht'n it was recently advised that. as parl of the
proposed Brookdalc site plan agreement, a portion of the "Future Road" shnwn clearly on
Schedules I and n of By-law 6778/07 as being located eiltirely on the Brookdale lands, has
apparently been linilaterally relocated in part to my client's lands, This, without any SlQtutory
basis and \'I<'jtho\.lt permitting my client any informed opportunity for submission thereon, And
this nom:ithstanding: that the relevant Official Plan provisions make no accommodation for such
initiative; that such initiative would undlily and adversely affect the operations of my c.1ient's
tenants; and that such w'ouldsubstantiaUy constrain tmy redevelopment opportunity which my
client might enjoy on its lands.
Underl1(l circumst~lnces \vill my cLient accept the City presumption that these lands will be made
available to the City, or thtnthe necessary lands \vill be "conveyed by others shown hatched",
To el1SUfC good land use planning, my client recommends that the City require the proposed
. Building "e" on the Br()okdale site plan be relocated --10m west of its currently.shO\VD
location. This \vould ensure conformity \\lith the approved zoning by-law by locating the
. -proposed ;;'Future Road" v..ithin the approved right-of-way. Otherwise, my Client will effect all of
its legal remedies to safeguard its operationa]w1d development rights withrespect to its lands,
I \\'i11 absent from the country until !\.1~n;h 24, 2008: my client requests a meeting with you and
the City Sol icit()r as soon as possible tht~n:..after.
Yours truly,
~-
BRucr~ ]\/lC!vllNN
cc. Pcntans Dc\'clopmellts Limited
ce. His Worship Mayor David Ryan
, ~ i ;
A;:ACHMENT #:3 TO Excerpts from
R:YQRl # PO L/f -og Special Planning & Development
Committee Meeting Minutes
Monday, August 18, 2008
7:30 pm - Council Chambers
Chair: Councillor O'Connell
2. Zoning By-law Amendment Application A 14/08
City Initiated Application
1105 Kinqston Road. City of Pickerinq
A public information meeting was held under the Planning Act, for the purpose
of informing the public with respect to an application initiated by the City of
Pickering for property municipally known as 1105 Kingston 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 15/08. .
David McKay of MHBC Planning, a representative for the applicant appeared
before the Committee in support of the application.
Adrian Trembling, a representative for Pentans Development Limited appeared
before the Committee in opposition to the application. Mr. Trembling stated
that his company had carefully followed the previous application and at no time
were they informed the road had been moved and stated that they had spoke
to the Planning Department and were assured the road would be on Brookdale
property. He. noted that if they had known the road had been moved they
would have appealed the change. Mr. Tembling stated that they could see no
reason why Building C could .not be moved to accommodate the road system
on Brookdale land. Mr. Tembling stated that this amendment would have
serious implications to their land and requested that the by-law not be
amended.
Jeff Snape, 1735 Walnut Lane, Unit 10, appeared before the Committee and
noted that there was already a traffic mess at the corner of Walnut Lane and
Kingston Road and that this development would make it worse.
3
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ATTACHMENT I If TO
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S~~er12,2008
VIA rAC8DIU.uJD DD.lVDY
Mayor and Mcmba oCCUy Council
Corporation of the City ofPlckedng
. I The EIpIaaado .
Pick~ ON LIV 6X7
Your Worabi,p IDd Mabin of Counc:i1:
Be: Pro,.ecl ZO..... By-law to ...d ZoaIII B,.LI" '1711fY1
~ UOS.-- Road (dI. Broo.... c.en lat.laell)
We IrI the .oUciton !or Pema Dcvelopmcat. Limited C"P.."",?, the 0WIlel' atlanu known
municipally u 1167 - n 91 l(JqItcmlold. Peatani' 1.. abut 1105 KJDaatDn Road, which t.
th. IUbjtc:t ofZoniDa By-Jaw 6171107. Tbi.lattar i'llUIDD1ll')' of WI' went'. primary c:on=na
with retpeet to the ptOpO.ccS JOJJiq by-law, which would _end . "'e of ZoniDs By-law
6778101 by recluciq the wldtb of1he Ilea zaud for"Puture lload" tom 19 metrel10 10 metres.
Thillotter' JI'O'Vi- IIUIDIIIII)' aaIy ot the ,nm.y ecmcema ad our elleat rillIVI. the riaht to
niIo Idditlonll illllllllKi gonce. GIJwabou.t the procell &ad at the Ontario Mmdcipll Board.
c_~ t8 OIQ~..I PIaa .... \'Wan far 6. T_ ~rtre WntN.....hft1b'la"^"
It huloQ beat the City Of'Piekll'ins'l intent. uset out iD the aty'. Oftlcial Pllll aDd in variou.
~rtJ produced aver the lilt 25 to 30 >-'I, tor \be TOWIl CcnIte Weat ne1Jbboudlood to be
dlveloped with. mumcipal10ld plttem mcborld by eutIwat collector 1'OIda. 'Ihoae eatlwest
collector midi would COIIDClCt tb,l_1I to the out oftbe Ton Ccntze We. ~d with
bath DUde R.OId md KiDpton R.oId. .. .
WhID Brookdatl Ceatre IDe.. ("Broolrdlle") hrou&bt ita IpJillCltfaa to rer.cme 1105 KmptoD
Roacl (the "Bl'DOkdaIe Ladlj in 2006, tho City of PidulriDa'. iDitil! rtqUIlt. fora mid
netwolt were CODIiltent with ad ClDDbmed with thole 1000.tandfq 0fBda1. Pll11 policlea.
Cit)' Itatr l'tIXXDmlllded two fun wlctdl eaVwelt tIlIIDlclpal "*' nIDIWl' thmusb the BmokdaI. '
Lmcb. Our cliel wu b1volved in the early meetiDaa with fe8J'ect to that fIlZD21inIand lUpported
thoac Itaft' rKOmIDlIJdatiODl. BVID whlD Brookda1" DOIJ' Ibe cad of the r-nni", J'IOCWI,
CODYtnced. the City that omy ODe euttwCIt mUDidpal JOtd wu 1JCedcd, tbtt JDUIliaipal road wu
intended to be I &11 19 metre fn wtcldt. It. alfpnent wu ratfOJlll IDd appeared to be a
compIOOIiR. looated u f. DDrth II po_sible on thl Brookda1e LInd., lmmIdiltoly to the 'O\ltb
of the 'cntanl' tN. While the 101:1tion wU a little funbIr D01'tb 1baD the ldCll liianmerst if
only ODe Mltlwest municipal wa to ran througb tho netahbaarbood, it wu !tin at a IN'f!icient
MOIlIIiII I 0IrIr.a J ICIIIIII. I Toronto , HInIbln I WIIIrloo Region I CIIQIry I VlllCClUYIr I MoICClW I
30
ATTACHMENT # tf TO
REPORT # PO If/j-v~
GIwIftt LlfllUr _....... UI 1.~_l80'" (Pallnll T~d' M'rkAcieni I
Page 2
.ize, width and location. Neither Pentw nor Brookdale appealed ZoninJ By-law 6778~1 u
pUled to the OntIrlo Municipal Board.
ne proposed amendment aiFificantly reducel the likelihood that I municipal road, conforming .
to the City'. ulUllltaDdard fOr I municipal rold, would ever be oonatructIcL By-law 6718/07
made UIe of tbe. oppottunity ,pteJCftted by Brookdlle'. claire to develop in orda' to .ecare I tUll-
width 1 gm wid. fOld.. '111e propoaed ZCI1iq hy-law IqUlDdea that opportuDity, aiviDI bark to
the develop<< that lan4. It is biably UIN8UI1 for a mUDiciJ'llity to permit I developer orlandi thi.
hi. to dev,lop without leourinI fvcn ODO fUll width road. It i. uakaown whlD Pentuu and the
owner of 1211 KinptoD R.oad "fiO'llld redevelop their 1mb, ofterina another opportunity for the
acquilition of the balanoe of the road. This new proposed alignment would al8D require the City
to acquire the lanel from two separate lIDdoWDCrlm.tclld of one, with the added unCllltainty that
entlib. It i. unlikely the 1h01O two popcrtia woaldbo fCldcycloped at tho .IDlI time or thBt both
will have the .ame delJro or inccati'VC CO cooperate with the .City, ftlrthcr fraplImtiDl the
opporNnity to implement the Oftlclal Plan', polloi. aDd maJdDS It Ieee Uke1y 1bIt its objlCtl
will IVtI' H ac:hiwecLPor CXID1p1I, PCDtInI hu ahwcl)' indioa&ed t1IIC it hu no" ct.irw to
" redevelop ita pt'OJ)CIt)' iA such . way . to aft'otd the mum_ty 811 opportuDit)' to obtain .
CDnvwylnce Df the ~iJ\l 10 metreI. Not cm1y will &cbieviq the lona-ltaDdina and
appropriatl vilion for the Town Ceabe West.Naigbbourhood be delayed for many years, it i8
. "queat:iVDlbl, whither it c:lID IVcr be 1Cbi1YCld.
rm..aafJI af ....41_......1 aQ J211 KIa_tea Raid"
"MA'Yins the road atflDlDcnc IOdhwlfd8 tqX*Dt. bid plauiq whea )'OU couidcr the lands to
the flit of Pefttll1l' la.. Pintl)'J thia new fOld aUpn.t would :run Into the parkins area for
thl ailtinl bllilctiq located It J21 J XiDptDlllold. 1be pIOpOIId mid, it Ilipcl in this
mIDIIll' cau1d not be .teaded uatillUdl time .. t1Iat bui1ctiuI Wit dcmo1iBhed IISd the lite
redmI1oped. AliJIIiDI d1e rold In tJdl way-al it mon ctiftlcult for the fOld CO b. extended
1\a1'c1mr in accar4aDce with the Offtcit1 Plan'. poUeI.. 8aadJy, . axteuion to ti. proposed
road aliaammt into 1211 IGnpton Road wCNId divide tbat propoay iDto tine parcell. "The
soathemmolt pmel wouW bo too sma1t to develoJ on ita own aad woul4 ~t an Idditlonal "
colt to the City if It choo.. to expro,priato. Toe camat .urnmt . j)Nferahle becauN an
cuterly lltIDIion WOl31cl not leave t'hat lizo of l'eIIIDlInt parcel.
....D&!fIan af WldtIa Not A .Claar Ceu-tl DJNedmI
Thote hu been & IUption that City CoUDCiJ iuttuctcd .td'to reduce the widtb of the road to
10. mllrel. It hu 'been auarated our cUent bew that IDd acquiescecl to it. That iJ DOt the cue.
Pindy, our client wu not at the me... when it Iw beea suaeacod Council pw thole
inltzuctiou. SClQQIIdIy, it if DOt 01_, mil 8'OID the miD_ of tho meetinl that CouneiJ pvo
thole lu1Nctioa, U cviclCDCld by the f'ICC tbat tho by-law wu &Wizod lmcl p~ requiring.
. 19 metre road. Tbe more obvious iDtapntadOD of t1uI COUDCil iutructlOI1 il that tho 10 metre
ltItImeat nfen to the size oftbe INI to he ClODItrUCIIMf (a oppOl. to zoned or clodicatec1). lD
lIlY eveat, our clilDt quite property uacaed the ZODin. by-law u pUllld &Del dctcrmiDecl it had
no oonoom. with By-law No. 6778/.07. It WII, in &.ot, UIIIWIR that Coucol1 wilhecJ to takl thia
~. .
" .t"'!ItiOD.
Monu.' I 0ItawI I Kanlla I Toronto I HalllmCn .1 WIIIIIooRegIon I car.", I VllIClClCMr 1 MoICCIW I
'ATTACHMENT # L/- TO
REPORT # PO 'I '1-- () f
aIWiirI.~L.di_I~-U:P'y-~..~-r~.~'__-,'---'- 3 1
Plat "
Sabttud.rd Road RiUt..or-)Vav
If the City recop.et that it ClImOt quire the baImce of the land. necCllary to create a tbIl
width mUllioipal road in the near to medium term, 'it may be forced to acquire and open I
IUbltlDdard 10m municipal road. Thil would, we ~it, oontnIvcmc lOCtion 4.3 md ".4 ot the
, Official P1111. The City would libly flDd it impouible ~ isq)]emcnt IJ'FOpriate boulevlrd
daip, inlta11 the DIC.sary lidewalk., be cozutrained m ita placement of ,ervicel and tal. the
normal ahiJity to widen the trawlled OD ponion of the !'Old in the tbture. 1hi. is particularly
'tnnablclIOII1C1 blGllJlI tN. road fa the only pmpolld IIIt1welt mid IICUZId ftJr the Town Centre
WCtt nei8l1bourhoocl. The propoled rezoDiDg makn it more libIy that the City Will be forced to '
ulUtne a rubataftdard and undesirable road confisuratio~The rezoniDs throw. away
polllibilitiw1br the proper tbture development of this area.
If that wee to' OGC:UI', that would have eipifiCllDt ncptive impIc:ta on PentIDJ. PlIltaDl' woulcl
the be m . polition wba there may be preaurc 011 it to tab KCCI' !om I auhltudard
mvalcipal mid. AU the ather IandI in tho area would Iimi1arty be hampered by I mbltlDcfard
rold. . .
Ca..trul!tlaa 1_.. wi'" .A~I......allt
The ~aed alipntllt it aIao iDappropriltl ifft contlmplat.. the remainiq to molres could be
Idcled to the width of , the 1'OId &om 1hc PCDtaaI' llDda. T.biI pouibiJity cloa DOC take into
account the lipiflclftt di1rtnDoe in pda betwemthe area zoned "Future R.oad" OIl the
Brookdale LIDda and tho lOutbamOlt portion at the Peotana property. WllUbnUt that it would
.. very diftlouIt, IDeS ccrWDly mudJ. more 'llqHlnIiw for I road lID b. couatructad balf on the
PlIltaDa' .laftcIlDd half on the Brookdale LadI than OIl the cummt Ilipu:nent. Purthc:rmore. the
, builclinp. the driveways aDd circm1aticm. pattImI approved IDd CODItIW:ted on the PIDbIDa aite
would DOt Ic:commodatC a1lWllic:ipal mild oceupy!q the lOutlwnmnat 10 metra of the property.
lUll.......,
We would ursethat Council Dot amend Zomna By.!1IW 6778/07. The City hu alrea4y secured
III appropriate aHaamlllt for the nquIred eutlwelt COnectDr road tor !he Town Centre West
ncilhbourhood in accordanc. with the City'. OftIcial PII1L To &iVl up I raid rllht-of.wlf that
mectI the Qty'. &lOmW width 1lIDdardI. in the potllitiaJly vain hop,. or a 1\Im oppommlty to
acquire tho other haltotth. ftqUiJed risht-ot:.way bn allDd owner who ha iadfoated it his DO
1mmediate reclevelOpmeat fmea&i0Dl is ua.wUe. P.... the pmpo8ed zODin. by.Jaw would Jet
the City baok II1II1)' )'Un in itl offorta to implem.cat itl vilicm mr dUa Dlisbbourhood.
lipMcantly Impact m acpive ""YI boch else Pal.' ,ropcrty and the property to the eat and
molt importlDt!)', effectively "imi~ my near or mediam tIlm. oppoItUDit)' for the necenary
rold I)'8tem planned tbr die Town Cmtro Weet na,bbourbooc1 to be eeoared uuJ comtructed.
PI... be adviseel that 0111' diet Pentana iDtlDlll to oppose thit ruomDl ad will 'Utilize it.
appeal riahtl it neceuary to protect iu i:ltcre1Cl, the interwtI of the ncisbbo1D"fnl IwfllDd to
Idvance the exUtiD. pllDllinspolici. which ~lClI1t good p7~ fur thi, Ira
MonlrMI I oraWl I I<InItI I TOlOnto I Hlmllon I W.i.1oa "-fOIl I, CIIIIrY I VIncIOlNII' I MaIocI. I
ATTACHMENT # if TO -
REPORT # PO -'i. 'I ::.i:Lr.{.._____
. - -3- 2 ___n_ ---- __om ......... LIft., ""'~ W' I .......11aIIl:1M I Plllnt IT/IdI Milt Aglnll I
PIG' 4
Please Ceel free to telephone me if you have any questiona.
Yom very tnIly,
GowtlNG L.ULItJR fDNJ)WONLLP
D.::::.\fJ
DCT;cch
'l'OJUAW\ 6"0441'1
MonttMl I Otta-. I I<InIta I Tcxarm I Hlmllon I War_ ~ I ~ -I VlIrlllQ\Ml I MoIcow I
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 46-08
Date: December 1, 2008
33
From:
Neil Carroll
Director, Planning & Development
Subject:
Rockwood Drive Extension
Parts 2, 4,5,8, 13 and 14, Plan 40R-21166
Road Closing and Transfers of Land to Abutting Owners
File: 00306
Recommendation:
1. That Report PO 46-08 of the Director, Planning & Development regarding the
closing and conveyance of portions of Rockwood Drive be received; and
2. That Council enact a by-law to:
(a) stop-up and close certain portions of Rockwood Drive being those parts of
Lot 5, Registered Plan 282, designated as Parts 2, 4, 5 and 8, Plan
40R-21166 and those parts of Blocks 21 and 22, Plan 40M-2068, designated
as Parts 13 and 14, Plan 40R-21166 as public highway;
(b) declare those portions of Rockwood Drive set out in (a) above surplus to the
Corporation for the purpose of sale to the abutting owners, in accordance
with the provisions of the Municipal Act and the Acquisition and Disposal of
Land Policy, subject to any required easements; and
(c) authorize the execution of all relevant documentation necessary to effect the
stopping-up and closing of those portions of Rockwood Drive as public
highway and to effect the conveyances of them to the abutting owners for
nominal consideration, subject to any required easements.
Executive Summary: On July 3, 2002, Norvalley Homes Ltd. entered into a
Development Agreement with the City. One of the provisions of that Agreement
required Norvalley Homes Ltd. to construct a turning circle and convey the lands subject
of the turning circle to the City until such time as Rockwood Drive was extended
northerly into the adjacent lands.
As the Rockwood Drive extension has now been constructed satisfactory to the City
and as the turning circle has been removed and restored to residential status, it is
appropriate to stop-up and close it as a public highway and reconvey the lands subject
of the turning circle to the abutting owners.
Report PO 46-08
December 1, 2008
Subject:
34
Rockwood Drive Extension
Road Closing and Transfers to Adjacent Owners
Page 2
Financial Implications:
Legal Fees and Disbursements
Developer's/Applicant's Cost
Sustainability Implications: The enactment of the road closing by-law is an
administrative process that will ensure compliance with legal and City conditions prior to
the conveyance of the subject lands to the abutting owners. It does not directly impact
the City's sustainability initiatives.
Background: On July 3, 2002, Norvalley Homes Ltd. entered into a Development
Agreement with the City. Provisions of that Development Agreement required Norvalley
Homes Ltd. to construct a turning circle and convey the lands subject of the turning
circle to the City until such time as Rockwood Drive was extended northerly into the
adjacent lands.
In 2006, the City entered into a Development Agreement with Donald Robert Spring
providing for the construction of the northerly extension of Rockwood Drive and the
removal of the turning circle referred to above.
As the Rockwood Drive extension has now been constructed satisfactory to the City
and the turning circle has been removed and restored to residential status, it is
appropriate to reconvey the lands subject of the turning circle to the abutting owners.
The turning circle lands have been dedicated as public highway and therefore it is
necessary to formally stop-up and close them prior to reconveying them to the abutting
owners. Attached is a draft by-law giving authority to formally stop-up and close the
turning circle lands and reconvey them to the abutting owners.
Attachments:
1 . Stop-up and Close Location Map
2. Draft Stop-up and Close By-law
Report PD 46-08
December 1, 2008
Subject: Rockwood Drive Extension
Road Closing and Transfers to Adjacent Owners
Page 3
35
Prepared By:
Approved/Endorsed By:
,d7 .~
Denise Bye, S pervisor
Property & Development Services
, CIP, RPP
anning & Development
DB:bg
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City il
/1
36
ATTACHMENT I~TO
REPORT I PO ~ Dcg
w
>
-
(t
./ 0 \
ROCKWOOD ~
r -
PART2&4 - PART 13
40R-21166 ~
40R-21166
PART 5 & 8 ~ PART 14
40R-21166 -..... 40R-21166
W PROHILL STREET
>
-
(t
0 ,
0
0
0
5
~
u
0
(t
City of Pickering Planning & Development Department
PROPERTY DESCRIPTION PARTS 2, 4, 5, 8,13 & 14, 40R-21166 1-
OWNER CITY OF PICKERING DATE OCT 29, 2008 DRAWN BY JB
FILE No. STOP-UP & CLOSE & CONVEY PORTIONS OF ROCKWOOD DRIVE SCALE 1:1000 CHECKED BY DB
~a a ~ourc..: PN.10
Torenol Enterpri... Inc. and ita supplier.. All ri'irht. Reserved. Not a pion of survey.
2005 MPAC and its suppliers. All ,.iahta Reserved. Not 0 pion of Survey.
ATTACHMENT' ~ TO
REPORT # PO Ll ~ - 0 '0 ,
THE CORPORATION OF THE CITY OF PICKERING
37
BY-LAW NO.
DIAPr
Being a by-law to stop-up and close as public
highway certain portions of Rockwood Drive
being those parts of lot 5, Registered Plan
282, designated as Parts 2, 4, 5 and 8, Plan
40R-21166 and those parts of Blocks 21 and
22, Plan 40M-2068, designated as Parts 13
and 14, Plan 40R-21166 and authorize the
sale of the lands to the abutting owners for
nominal consideration.
WHEREAS pursuant to the Municipal Act, the Council of the City may pass by-laws to
stop-up a highway, or part thereof, and to authorize its sale or the sale of a part thereof.
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
1. The following portions of highway are hereby stopped-up and closed to both
vehicular and pedestrian traffic:
. Rockwood Drive being those parts of lot 5, Registered Plan 282, designated
as Parts 2,4, 5 and 8, Plan 40R-21166 and those parts of Blocks 21 and 22,
Plan 40M-2068, designated as Parts 13 and 14, Plan 40R-21166 as public
highway.
2. That those portions of Rockwood Drive described above are hereby deemed
surplus to the needs of the Corporation and shall therefore be offered for sale to
the abutting owners, subject to any required easements, for nominal
consideration ($2.00).
3. The Mayor, City Clerk and City Solicitor are authorized to obtain all relevant
documentation necessary and execute all documentation required to effect the
above.
BY-LAW read a first, second and third time and finally passed this 15th day of
December, 2008.
David Ryan~~r
Debi A. Wilcox, City Clerk
00306
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 48-08
Date: December 1, 2008
From: Neil Carroll
Director, Planning & Development
SUBJECT: Zoning By-law Amendment Application A 9/08
Addendum Report to Report Number PO 25-08
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 Report PO 25-08 of the Director, Planning & Development be received;
2. 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 48-08, and
3. 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 48-08, be
forwarded to City Council for enactment.
Executive Summary: On July 14, 2008 City Council considered staff Report
PO 25 -08 (see Attachment #1) respecting the subject application and referred the
matter back to staff to allow the applicant additional time to respond to staff's
recommendation and to present any new information respecting the subject lands. The
applicant has now revised the application to increase the proposed lot yield from three
to four lots and to increase the minimum lot frontage from 10.3 metres to 12.0 metres.
A planning rational report to support the revised application, to rezone the lands to
permit a total of four future lots having lot frontage of 12.0 metres, was also submitted.
Further, the applicant has requested modifi9ations to some of the performance
standards in the staff recommended draft by-law that was an appendix of Report PO 25-
08.
The Planning & Development Department has reviewed the applicant's planning rational
report but continues to recommend that only three lots be created from the subject
property. We do however support a reduction in minimum lot frontage to 13.5 metres
from our initial position of 15.0 metres, and also support several of the applicant's
requested modifications to the by-law performance standards. These revisions provide
flexibility in lot configuration to accommodate several of the applicant's development
objectives.
Report PD 48-08
Subject: Fairport Inc. (A 9/08)
Date: December 1,2008
Page 2
39
An infill project of three residential lots with minimum lot frontage of 13.5 metres is
considered an appropriate use for these lands and reflective of the character of the
area. The staff recommended by-law contained in this report will permit development
that is compatible with the surrounding neighbourhood and conforms to the Pickering
Official Plan.
Future land severance applications are anticipated for the proposed development. The
City's development requirements will be addressed through the land severance
applications.
Financial Implications: No direct costs to the City are anticipated as a result of the
approval of zoning which will enable the creation of three lots for detached dwellings.
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 staff
recommendation to allow the creation of a total of three lots from the property is
reflective of community character and supportive of neighbourhood stability.
Background:
1.0 Introduction
The background to this application is contained in Report PD 25-08, including
comments received from the public and agencies.
2.0 Applicant's Revised Proposal
The applicant's revised proposal is for the future creation of four residential lots
with a minimum lot frontage of 12.0 metres and a minimum lot area of
320 square metres. The applicant has also requested that the by-law permit a
maximum dwelling height of 12.0 metres, and that the rear residential zoning line
on the property be relocated inland from the high water mark indicated on the
applicant's plan to the lower elevation of the shorewall.
Further, the applicant also requests that the existing gazebo, recently
constructed on the property, be permitted to remain as an accessory structure
without a principal structure (in the short term) until a new house is constructed
on the property. The applicant's planning rational report is attached as
Attachment #2.
This addendum report identifies and provides staff response to the issues raised
since Report PD 25-08 was prepared.
Report PO 48-08
Date: December 1, 2008
Subject: Fairport Inc. (A 9/08)
40
Page 3
3.0 Discussion
3.1 Lot Frontage, Lot Size and Number of Lots
The original proposal was for three lots with the two southern lots providing a lot
frontage of 10.3 metres (Attachment #3). The applicant has revised the
application to now request zoning that will permit a total of four lots providing a
minimum lot frontage of 12.0 metres and a minimum lot area of 320 square
. metres (Attachment #4). While the applicant has increased the minimum lot size
from the original proposal, the revised plan for four lots providing a minimum
12.0 metre lot frontage is not considered to be compatible with the
neighbourhood character.
As noted in Section 3.1 of staff Report PO 25-08 the surrounding area is
generally zoned "R-4" - Residential Zone which requires a minimum lot frontage
of 15.0 metres. As the applicant's Planning Justification report notes, the
surrounding neighbourhood does not exhibit a uniform lot size. However, the
majority of lots are greater than 12.0 metres in terms of lot frontage. It is also
noted that some of the smaller lots in the neighbourhood are either the result of
historical lots created years ago or are in locations that were previously subject to
a Special Policy Area of the old Fairport Community Frenchman's Bay and
Shoreline Area of the former Pickering District Plan. This Special Policy Area
(south of Browning Avenue, west of Front Road and north of Waterpoint Street)
required certain areas to be redeveloped at a higher density than the surrounding
area. Thus this specific area has numerous small lots. This area also has a
corresponding zoning that permits small lots in order to achieve the higher
density. It is noted that the subject property was not part of the old Special Policy
Area.
The applicant's revised plan provides for four lots, each having a "technical"
minimum lot frontage of 12.0 metres. Lot frontage on irregular lots is measured
at a distance 7.5 metres from the front lot line. The lot configuration for the two
southern lots in the applicant's plan taper from the front to the rear. Due to the
significant taper these two lots provide only a 9.6 metre width at the rear
residential zoning line. As the lots narrow from front to back, so do the building
envelopes, further restricting the size of dwelling unit that can be accommodated.
The "technical" lot frontage (measured at 7.5 metres from the front lot line) is
considered most representative of lot frontage character, as this is generally the
location where the dwelling is constructed.
The staff recommended plan provides for lots having a "technical" minimum lot
frontage of 13.5 metres (see Attachment #5). This represents a reduction in lot
frontage from staff's initial recommended minimum of 15.0 metres. The lot
configuration under this plan still provides a taper from front to back to
accommodate the gazebo in the northerly lot.
Staff also has no objection to the request to permit a lot coverage of 40 percent
of the future lots that are zoned for residential purposes.
Report PD 48-08
Subject: Fairport Inc. (A 9/08)
Date: December 1, 2008
Page 4
41
Report PO 48-08
SubW<2: Fairport Inc. (A 9/08)
Date: December 1, 2008
Page 5
4.0 Applicant's Comments
The applicant has been advised of the recommendations of this report.
APPENDIX:
Appendix I:
Draft Zoning By-law Amendment
Attachments:
1. Report PO 25-08
2. Applicant's Planning Rational Report
3. Applicant's Original Plan
4. Applicant's Revised Plan
5. Staff Recommended Plan
Prepared By:
Approved/Endorsed By:
18, PP
Ing & Development
Ross Pym, MCIP, RPP
Principal Planner - Development Review
Lynda T lor, MCIP, RPP
Manager, Developme
RP:cs
Attachments
Copy: Chief Administrative Officer
Directors
Recommended for the consideration
of Pickering C'ty Co cil
'/
APPENDIX I TO
REPORT PO 48-08
DRAFT IMPLEMENTING ZONING BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 9/08
43
THE CORPORATION OF THE CITY OF PICKERING
44
BY-LAW NO. XXXXl08
Being a By-law to amend Restricted Area Zoning By-law
2511, to implement the Official 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 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" and "OS-Hl" 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;
By-law No. XXXX/08
45
(c) "Dwellino. Detached or Detached Dwellino" shall mean a single
dwelling 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 Frontaoe" 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 Garaoe" 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 a yard 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
By-law No. XXXX/08
; II t
46
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;
(f) "Side Yard" shall mean a yard of a lot extending from the front yard
to 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) "Flankaoe 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) "Flankaoe Side Yard Width" shall mean the shortest horizontal
dimension of a f1ankage 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;
m "Interior Side Yard" shall mean a side yard other than a flankage
side yard.
5. PROVISIONS "R4-21" Zone
(1) 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
(2) 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:
(a) Lot Area (minimum): 320 square metres;
(b) Lot Frontage 13.5 metres;
(minimum):
(c) Front Yard Depth 4.5 metres;
(minimum):
(d) Rear Yard Depth 6.0 metres;
(minimum):
By-law No. XXXX/08
R"'if&-
If iff...
LJ",
. ,K! >~~;-
iJ
Page 4
I tt f
47
(e) Side Yard Width
(minimum):
(f) Flankage Side Yard
Width (minimum):
(g) Building Height
(maximum):
(h) Lot Coverage
(maximum):
1.5 metres;
2.7 metres;
12.0 metres;
40 percent
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;
3.0 metres beyond the wall
containing the main entrance to
the dwelling unit;
(k) 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;
(i) Garage Requirements
0) Garage Projection
(maximum):
(I) Special Regulation
Despite Section 2.1 of By-law 2511,
the gazebo and boathouse as they
existed on the date of the passing of
this by-law are permitted on the
subject property as accessory
structures without a primary
residential building, and further this
clause will be. null and void when a
primary building is constructed on
the property;
(m) Interpretation
Regulation
Despite any requirement of this By-
law, for lots that are divided into two
zones, each such portion of the lot
shall be considered a lot for the
purpose of this By-law and shall be
used in accordance to the zone and
the zone requirements.
By-law No. XXXXl08
4 8
DRAFT PageS
6. PROVISIONS ("QS-HL" Zone)
(1) Uses Permitted ("QS-HL" Zone)
No person shall within the lands designated "QS-HL" on Schedule I
attached hereto use any lot or erect, alter or use any building or
structure for any purpose except the following:
(a) preservation and conservation of the natural environment,
soil and wildlife;
(b) resource management;
(2) Zone Requirements ("QS-HL" Zone)
(a) No buildings'or structures shall be permitted to be erected,
nor shall the placing or removal of fill be permitted, except
where buildings or structures are used only for purposes of
flood and erosion control, resource management, or
pedestrian trail and walkway purposes;
(b) Despite Clause (a) above, docks are permitted within the
"QS-HL" Zone as illustrated on Schedule I attached hereto.
7. 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.
8. 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 XX day of
December, 2008.
David Ryan, Mayor
Debi A. Wilcox, Clerk
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Cillf o~
ATTACHMENT I I f
REPORT' PO l/1-{) . REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 25-08
Date: July 7,2008
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 a"nticipated 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 PO 25-08
Subject: Fairport Inc. (A 9/08)
,",.TTACHMENT #~ tlO
r::~PORT # PO - ()
Date: July 7,2008
Page 2 5 1
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 PD 25-08
" s~~ct: Fairport Inc. (A 9/08)
MTTACHMENTI~TO
REPORT I PO -
Date: July 7,2008
Page 3
t I'
_ 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.
Region of Durham
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 surrounqing 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 iots
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 arid 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 1 0.3 m~tres 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 PD 25-08
Subject: Fairport Inc. (A 9/08)
n) lACHMENT #~lf
REPORT # PO -
Date: July 7,2008
Page 4 5 3
3.2 Zoning Standards are Proposed that Ensure House Design is Compatible
and Provides Appropriate Openness
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 ofthe 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 9f t=renchman'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
Subject: Fairport Inc. (A 9/08)
i Ii I 51
APPENDICES:
"TTACHMENt, I .10
iEPORTI PO q'i - ()~
Da.te: July 7, 2008
Paw~ ?
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, RP~
Principal Planner - Development Review
; ,
/
/ L~~'tP
Neil Carroll, . OW, RPP
Director, Planning & Development
RP:ld
Attachments
Copy: Chief Administrative Officer
Directors
Recommended for the consideration
of Pickering City, Council
//
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iACi:MEfJT~Y4 TO
,:PORT # PO -Q~.
APPENDIX I TO
REPORT PO 25-08
DRAFT IMPLEMENTING ZONING BY-lAW
ZONING BY-lAW AMENDMENT APPLICATION A 9/08
55
56
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'Cl~OR~1;~~~~3 ~e; L_ P.'
THE CORPORATION OF THE CITY OF PICKERING
f
BY-LAW NO.
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-I,aw 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;
';;;~e;J,~ 5 7
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 distantfrom
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 aiyard 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;
'. jt,vn;~:':'Nr#~TO
; ,fPORT , PO -:
r::8 1. -3-
J .
t!! ^ Si e Yard" shail mean. a yard of a lot extending from the front yard
Dfl" 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) "Flankaoe 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) "Flankaoe 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;
U) "Interior Side Yard" shall mean a side yard other than a flankage
side yard.
5. PROVISIONS
(1) (a) Uses Permitte~ ("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):
f1i)
D~A (vii)
6. BY-LAW 2511
",rJACHMENT # ~
HEPDR! t eD~lf -() g
59
Flankage Side Yard
Width (minimum):
Building Height
(maximum):
2.7 metres;
9.0 metres;
(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;
3.0 metres beyond the wall
containing the main entrance to
the dwelling unit;
(ix) Garage Projection
(maximum):
(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;
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
DRAFt
,2008.
Dave Ryan, Mayor
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Debi A. Wilcox, . k
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PROPERTY DESCRIPTION PLAN M-917 LOT 9 & PLAN 65 LOT 9 & PLAN 65, PT LOTB, 40R-8654 PART 1,2
OWNER FAIRPORT INC.
FILE No. A 009/08
Q a ,~OU,.c..:
;> Tet'onet Enterprises Inc. and it. .upplionl. All right. R..ol"Ved. Not 0 plan of survey.
2005 MPAC and it. .uDolle"8. All rjahts Reserved. Not Q clan of Surv.v,
SCALE 1 :5000
DATE FEB 12,2008 DRAWN BY JB
CHECKED BY CP
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62
ATTACHMENT # 2 TO
REPORT # PD 25 -oB
ATTACHMENT' I ,
REPORT' PO if<i -f)
INFORMATION COMPILED FROM APPLICANTS
SUBMITTED PLAN
A 09/08 - L. GRAY
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ATTACHMENT' '-' TO
REPORJ I PO &-5"-OB
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STAFF RECOMMENDED PLAN
A 09/08. L. GRAY
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A 17ACHMENT I. I
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64
Citlf o~
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 subje.ct 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
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3.0 OFFICIAL PLAN AND ZONING
3.1 Durham ReQional 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 PickerinQ 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 Zonina 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 witho'ut 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 RESULTS OF CIRCULATION
4.1 Resident Comments
- no resident comments have been received to date;
Information Report No. 09-08
66
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4.2 Aaency 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
AiTACHMENl' I tj TO
RE?ORi # PO 25 -D8
AHACHMENT# ~. TO
REPORT' PO If -QJ~age4'
67
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
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68
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APPENDIX NO. ITO
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
;;;~~;;~;o ~:i:2~L_ ... '~~~c':i'i: ~!rpts fro ')1, .
Planning & Development Committee
_ Meeting Minutes.
Monday, Aprll 7, 2008
7:30 pm - Council Chambers
69
Chair: Councillor Littley
(I) PART 'A' - PLANNING INFORMATION MEETING
1. Information Report 09-08
Zoning By-lawAmendment Application A 9/08
Fairport Inc.
Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65
Front Road
City of Pickering
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-Iaw.is passed, that person or public body are not entitled to
appeal the decision of City Cou.ncil 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 app.lication 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.
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April 7, 2008
Mr. & Mrs. W. Van Evans
690 Front Road
Pickering, ON LI W IN8
RECEIVED
City of Pickering
One The Esplande
,Pickering, ON LI V 6K7
APR 0 8 2008
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
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 o'n 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.
ly,
Dianne Van Evans
Elbert Van Evans
72 y ".
2ConservifirOn'"
for The Living City
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CFN 40223.01
Ross Pym, Principal Planner
, Pickering Civic Complex
One the Esplanade
Pickering, ON
L 1 V 6K7
Dear Mr. Pym:
RE: Zoning By-law ArrIendment 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 sybject 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 prope'rty 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:'
Memb!'!r of ConservatiQn Ontario
5 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca .ti}\
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April 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
In 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.
- Shannon McNeill BA, BURPI
. Planner I
Planning and Development
Extension 5744
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f:\home\public\development services\durham region\pickering\700 front road_1.doc
, The Regional
Municipality
of Durham
Planning Department
605 ROSSLAND ROAD E
4'" FLOOR
PO BOX 623
WHITBY ON L 1 N SA3
, CANADA '
,905-668-7711
Fax: 905~66-6208
-mail: planning@
,egiQrl.durham.on.ca
www.region.durham.on.ca
, ,
A.L. Georgieff, MCIP, RPP
Commissioner ()f Planning
74
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April 15, 2008
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Ross Pym, Principal Planner
Planning and Development Department
City of Pickering
One The Esplanade
Pickering, Ontario
L1V 6K7
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Mr. Pym:
Re: 'Zoning AmendmGnt Application A09/08
Applicant: Fairport fnc./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 ofthre~
, single detached dwellil)gs. .
Reoional 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 speciall1,atural and ~cenic features, their roles as
predomil"!ant landscape elements in the Region' and the recreational
opporturiities that they facilitate. '
, ,
, ,
The subject site within the Frenchman's Bay area, whichisdesig'nated '
'Waterfront Place"in the Plan. Waterfront- Places 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 art 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 EnvironmemtalJmpaclStudy
(EIS) is required for the Region's re,view prior to the approval bfthe
application, to address thef()l!owing:
, ,
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; , .
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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 .
jncluded in a natural corrido~ system along the waterfront and creek
~~;' -
h) impact on lake waterquality;and. .. .
i) the .acceptability of soit quality if the development proposal involves.
takefilling.' . '
Provincial .Policies & Delegated Review Responsibilities .
. .
.' '. . . .
TJ1is application has been .screenedin accordance with the terms of the
provincial plan review responsibilities. There are no matters of provincial
interest applicable to this application. '
Reaional Services
Water and Sanitary Sewers
. .
. . .
. Municip.alwatersupply arid sanitary seWer services are available to the
8ubjectsite:
. '
Durham Region Transit
The sObjectsite iswithin an area of limited transit service due to street
widths,and configuration. .
PJ~asec9ntact me should you have any questions or require any additional '
inforlllationregarding this matter.
.H ~ Tang, Planner
CurrentPI~nning
. " ,
cc: . . Regional Works Department -:-Pete'Castellan
Durham RegionTram~it-"-Phil Meagher.
The Regional
Municipality
of Durham ,
Planning Department
605 ROS$LAND ROAD E
4TH FLOOR
PO BOX 623
WHITBYON L 1N 6A3
CANADA
905-668-7711
Fax: 905-666-6208
mail: planning@
region.durham.on.ca
www.region.durham.on.ca.
A.L. Georgieff, MCIP, RPP .'.
Commissioner of Planning
76
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May 5, 2008
RECEIVED
MAY 0 7 2008
CITY OF PICKERING
PlANNING & DEVELOPMENT
OEPARTMENT
Ros~ Pym, Principal Planner
Planning and Development Department
City of Pickering .
.' . OneJhe Esplanade
Pickering, Ontario
L1V 6K7
Mr. pym: .' .' .
Re: ZO,ning Amendment Application A09/()8
Applicant: Fairport Iric.lLee Gray .
Location: . 692,700':'702 Front Road
. . Municipality: . City.of Pickering
ThrolJghcorrespondence between City staff, and Toronto Region .
Conservation Authority .(TRCA), the following revised co~ments are offered. . .
Comments fromthe Region dated April 15, 2008 indicated the need for an
EnvironmentallmpacfStudy (EIS). As per Regional Policy, the area
municipality has the lead role for an EIS related to reioning applications. As
the City indicated there is no need for an EIS be conduct~d, the Region's
original comments is now revised to delete the requirement for the submittal
of an EIS for the Region's review.
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H . ryTang,Planner
Current Planning
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MCDERMOTT & ASSOCIATES LIMITED
LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS
1550 KINGSTON ROAD, BOX 1408
PICKERING, ONTARIO L 1V 6W9
TELEPHONE: (905) 509-5150
FACSIMilE: (905) 509-9898
e-mail: mcdplan@rogers.com
September 9, 2008
Corporation of the City of Pickering
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
L 1V 6K7
Attention: Mr. Ross Pym, M.C.J.P. , R.P.P.
Principal Planner - Development Review
Re: Application To Amend Zoning By-law No. 2511 / Fairport Inc.
Part Water Lot 8 and Water Lot 9, Registered Plan No. 65, and, Lot 9, Plan M-917,
Forming Part of Lot 23, Range 3, Broken Front Concession, City of Pickering
Our File: PN 5114
Dear Mr. Pym:
As you are aware, we have been retained by Fairport Inc., to assist with the review and consideration of the
application to amend By-law No. 2511 as filed by Mr. Lee Gray of Fairport Inc. on January 29,2008. The
lands in question are generally described as Part of Water Lot 8 and Water Lot 9 of Registered Plan No. 65
and Lot 9 of Plan M-917, forming part of Lot 23, Range 3, Broken Front Concession, in the City of Pickering,
municipal addresses of 692, 700 and 702 Front Road.
As discussed during the course of our meeting of July 22, 2008, we attended before Council on the evening
of July 14, 2008, to request that Report PD 25-08 be referred back to Staff. This request was made to allow
an opportunity for further review and consideration of the application to amend the By-law No. 2511 prior to
adoption of the proposed amendment. As stated before Council, our Client would like to propose various
revisions to the draft amendment which afford some degree of flexibility in terms of redevelopment of the
subject lands while maintaining the character of the community and providing for a reasonable measure of
compatibility with adjacent residential properties.
The lands are currently underutilized and represent a meaningful opportunity for intensification of the built
form through demolition of the existing residential structure and the introduction of three, or possibly four,
detached dwellings. To optimize the redevelopment opportunity, our Client respectfully requests that the City
of Pickering consider various revisions to the draft of the proposed amendment, specifically in terms of the
regulatory provisions relating to the minimum lot area and frontage requirements, the permissible height of
residential dwellings, and, lot coverage. For reasons subsequently outlined in this submission, our Client is
also requesting that the City of Pickering afford a measure of relief in terms of the interim use of a portion of
the subject lands for the purposes of a gazebo in association with the private outdoor amenity area and boat
house on the northerly portion of the subject lands.
At the conclusion of our meeting of July 22, 2008, it was agreed that we would provide a planning rationale
in support of the revisions sought to the draft by-law amendment. In this context we offer the following
comments for your review and consideration having regard for the matters addressed in Report PD 25-08.
78
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,iCPORT I PO l{~:-OB
Mr. Ross Pym
PN: 5114
-2-
September 9, 2008
1. Backqround
Originally, the southerly portion of the lands in question formed part of the Gardiner's Plan for the Village of
Fairport as denoted on Registered Plan No. 65. Based upon information obtained from the Registry Office,
the more southerly portion of the lands in question, municipal address of 692 Front Road, formed part of
Water Lot 8 of Registered Plan No. 65. The central portion of the property, municipal address 700 Front
Road, represents the northerly 0.914 metres (Le. 3 feet) of Water Lot 8 and all of Water Lot 9 of Registered
Plan No. 65.
The northerly portion of the lands in question, municipal address of 702 Front Street, represents Lot 9 of Plan
M-917 as registered in the Registry Office on March 9,1972. Waterpoint Road, a private road, forms the
northerly limit of those lands described as forming Lot 9 on Plan M-917.
It follows, therefore, that the lands in question represent three lots of record. We respectfully submit that this
is a significant consideration in the review of this application and future development opportunities. Copies
of Registered Plans No. 65, M-90 and M-917, together with a copy of Reference Plan 40R-8654, which defines
the boundaries of the southerly parcel (Le. 692 Front Road) and a description of the central lot (Le. 700 Front
Road), are attached hereto as Appendices "A1", "A2", "A3", "A4" and "A5".
As properly noted in Report PO 25-08, the lands in question involve waterlots. We note that the high water
mark as defined on the topographic survey completed in November of 2007, that is the survey submitted with
the application, is generally consistent with the limit of the high water mark of Frenchman's Bay as confirmed
by the Order of Justice Donahue, dated April 20, 1970, Supreme Court of Ontario as noted on Plan M-917,
and, the high water mark as noted on Plan 40R-8654.
For the purposes of this submission, the area of land above the high water mark has generally been defined
as the area above the lower elevation of the shorewall recently constructed in accordance with the approvals
obtained from the Toronto and Region Conservation Authority. The boundaries of each of the three lots and
the location of the shorewall are delineated on a drawing entitled Existing Site Conditions attached hereto
as Appendix "B". As is apparent from the drawing, the lower elevation of the shorewall is above the high
water mark as defined by Justice Donahue and the high water mark as delineated on Reference Plan 40R-
8654. We trust that the. City of Pickering will take this into consideration in determining the minimum lot area
and rear yard requirements applicable to the lands affected by this application.
2. Proposed Redevelopment of Subiect Lands
Fairport Inc. proposes to develop/redevelop the lands for low density, single detached, residential purposes.
The initial phase would provide for enlargement of the southerly lot through a consent for a lot line adjustment
to create a lot having an area of approximately 400 square metres and a frontage, by definition, of 12.7
metres, which results in a lot frontage of 13.2 metres on Front Road. This would facilitate demolition of the
existing dwelling and erection of a new single detached dwelling on the southerly lot.
The second phase would provide for redelineation of the boundary between the remaining portion of Water
Lot 9 of Plan 65 and Lot 9 of Plan M-917 to create a second residential lot having a lot area of approximately
329 square metres and a lot frontage, by definition, of 12.2 metres. As in the previous instance this would
result in a lot frontage of 13.2 metres on Front Road. The remnant portion of Water Lot 9 of Plan 65 would
be merged through the consent providing for the lot line adjustments with Lot 9 of Plan M-917 to create a lot
having an area of approximately 1630 square metres above the high water mark and a lot frontage of slightly
less than 27 metres on Front Road.
MCDERMOTT & ASSOCIATES LIMITED
LAND USE & ENVIRONMENTAL PLANNING CONSULT ANTS
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o.EPORT' PD _ _ if.
'79
Mr. Ross Pym
PN: 5114
-3-
September 9, 2008
At some time in the future, Fairport Inc. may either further subdivide the northerly property, consisting of Part
of Water Lot 9 of Plan 65 and Lot 9 of Plan M-917, through the consent process to create one additional
building lot or, alternatively, redevelop the northerly property for the purposes of a single detached dwelling.
Accordingly, our Client is seeking an amendment to By-law No. 2511 which would provide for the future
division of the lands to create one additional lot resulting in a total of four building lots. A conceptual drawing
illustrating the proposed configuration of the lots is attached hereto as Appendix "C".
To allow for the proposed redevelopment of the properties as illustrated on Appendix "C", Fairport Inc.
requests that the site specific zone classification provide for a minimum lot area of 320 square metres and
a minimum lot frontage, by definition, of 12 metres. For the reasons set forth in the subsequent sections of
this submission, it is submitted that redelineation of the property lines and the subsequent division of the
lands to facilitate development of four building lots will promote the introduction of new housing in a rnanner
which is compatible with the adjacent residential neighbourhood, and, which does not adversely affect the
use and enjoyment of adjacent residential properties. It is further noted that the proposal is consistent with
stated public objectives relating to intensification and promotes effective utilization of existing infrastructure
without any adverse impact upon the financial position of the City of Pickering.
3. Existing Use and Zoninq of Subiect Lands
The zoning applicable to the subject lands and the adjacent properties is illustrated on the Compiled Zone
Map attached hereto as Appendix "0". The information illustrated on the Compiled Zone Map is primarily
based upon the Zone Map attached as Schedule 12 to the Office Consolidation of By-law No. 2511, as
amended and updated to October, 2007. Given the recent confirmation by the City of Pickering that the zone
map contained in the Office Consolidation of By-law No. 2511 is in error as it applies to the subject lands, the
Compiled Zone Schedule attached to this submission illustrates the zoning applicable to the subject lands
based upon the original zone schedule forming part of By-law No. 2511 as amended by By-law No. 4139/92.
The southerly parcel, municipal address of 692 Front Road and generally described as forming part of Water
Lot 8 of Plan No. 65, is zoned within the Residential Fourth Density (R4) Zone. The lot, which has a frontage
of approximately 6 metres, is presently developed for the purposes of a single detached dwelling. In addition,
a boat house occupies that portion of the lot situated above the high water mark immediately adjacent the
shoreline of Frenchman's Bay.
The central parcel, municipal address of 700 Front Road, is described as the northerly portion of Water Lot
8 and all of Water Lot 9 of Registered Plan 65. With the exception of a portion of a gazebo, the central parcel
is vacant and undeveloped. The lot, which has a frontage of approximately 24.7 metres, is zoned within the
Waterfront (03B) Zone, subject to a Holding Provision denoted "H". The uses permitted within the Waterfront
(03B) Zone, subject to removal of the Holding Provision, include a marina inclusive of various ancillary
related uses, and, public and private open space uses which may reasonably be interpreted to include private
outdoor amenity areas and accessory structures such as a gazebo. In this context it is noted that a similar
structure, albeit of a larger scale, exists in the Progress Frenchman's Bay East Park, a public open space area
to the south of the subject lands which is also zoned within the Waterfront (03B) Zone.
The northerly parcel, municipal address 702 Front Road, is generally described as forming Lot 9 of Plan M-
917. Based upon the information recently provided to us by the City of Pickering, the northerly lot, which has
a frontage of approximately 21 .6 metres, is also zoned within the Waterfront (03B) Zone. A boat house is
situated on the property above the high water mark adjacent the shoreline of Frenchman's Bay. A portion
of the gazebo is also located on the northerly lot.
MCDERMOTT & ASSOCIATES LIMITED
LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS
80
Ill.GtUvIENT' _2--,.or-w
\;:PORT # PO l(<7.~__
Mr. Ross Pym
PN: 5114
-4-
September 9, 2008
The description, ownership and property identification number of each of the three parcels affected by the
application of Fairport Inc. are provided on the following table together with a summary of the existing use,
lot area and frontage characteristics, and, the zone classifications applicable to each of the lots.
existing Parcel Characteristics
Part of Water Lot 8 and Water Lot 9, Plan No. 65 and Lot 9, Plan M-917
Description of Parcel
existing Use
Lot Characteristics
Area (1) Frontage
square metres metres
Zone
Classification
692 Front Road
Part of Water Lot 8, Registered Plan No. 65
Ref. Plan 4OR-86S4
Owner: Lee Gray & Jane Gray
PIN 26319-0604
single detached dwelling & boat
house adjacent shoreline of
Frenchman's Bay
213.8
6.0
R4
700 Front Road
Northely Part of Water Lot 8 and all of
Water Lot 9, Registered Plan No. 65
Owner: Fairport Inc.
PIN 26319-0603
vacant with exception of southerly
portion of gazebo adjacent
shoreline of Frenchrnan's Bay
990.9
24.4
(H) 03B
702 Front Road
Lot 9, Plan M-917
Owner: Fairport Inc.
PIN 26319-0602
boat house adjacent shoreline of
Frenchman's Bay. northerly portion
of gazebo
1159.4
21.6
(H) 03B
1. Note: Area represents lands above high water mark as generally defined by the 10'NElr elevation of the shorewall recently constructed in
accordance with the approval of the Toronto Region Conservation Authority.
4. Zoning of Adjacent Lands
Report PO 25-08 states that the "property is located along the west side of Front Road, north of Commerce
Street. The surrounding area is generally zoned R4 - Residential which requires lots to have a minimum 15
metres frontage and a minimum lot area of460 square metres." Based upon our review of By-law No. 2511,
we concur that the residential lots fronting upon Front Road are zoned within the Residential Fourth Density
(R4) Zone.
However, upon review of By-law No. 2511. as amended, we note that By-law No. 4139/92 was adopted by
Council on December 21 ,1992. The purpose of By-law No. 4139/92 was to zone all of the properties to the
north of the subject lands, south of Browning Avenue, north and south of Bayview Street and north of
Waterpoint Street, to the east of the lots fronting onto Front Road, within the Single / Semi-Detached First
Density(S-SD-1) Zone. Within the S-SD-1 Zone the minimum lot area and frontage requirements for a single
detached dwelling are 200 square metres and 7.5 metres respectively. It follows that By-law No. 4139/92 was
effective to recognize existing conditions and/or to provide for intensification of the built form in the vicinity
of the subject lands as is evident from relatively recent and/or current residential construction activities.
Therefore, while the provisions of the Residential Fourth Density (R4) Zone require a minimum frontage of
15 metres, we do not concur with the suggestion that all properties in the vicinity of the subject lands have
MCDERMOTT & ASSOCIATES LIMITED
LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS
I j,A-IlliENT# .;) ()~
PU~T # PD~-
8 1
Mr. Ross Pym
PN: 5114
-5-
September 9, 2008
a frontage of 15 metres. Rather, the zoning of the lands to the north within the S-SD-1 Zone, coupled with
the division of those lands zoned within the Residential Fourth Density (R4) Zone to the north-east and south
of the property holdings of Fairport Inc., has been effective to create an area within the community which is
characterized by lots having frontages which vary considerably, the majority of the lots having frontages of
less than 15 metres. The basis for the foregoing comments will be set forth in greater detail in the following
section of this submission.
4. Contextual Settinq
To illustrate the manner in which this area of the community has evolved over time, we undertook an
assessment of the lot area and frontage characteristics of those lands originally forming part of Registered
Plan No. 65, Plan M-90 and Plan M-917 in the vicinity of the subject property. In total some 105 lots were
examined which front onto Front Road, Commerce Street, the westerly limits of Pleasant Street, the northerly
limits of Annland Street west of Pleasant Street, Waterpoint Street, Bayview Street and the southerly limits
of Browning Avenue. A copy of the analysis is attached to this submission as Appendix "E1 ".
Where the properties are fully serviced lots zoned within either the Residential Fourth Density (R4) Zone or
the Single / Semi-Detached First Density (S-SD-1) Zone, the analysis indicates that the average lot area is
approximately 481 square metres and that the average lot frontage is 13.2 metres. The analysis further
indicates that slightly less than 58 percent of the lots situated in this area of the community have a lot frontage
of less than 15 metres. Of somewhat greater significance is the fact that of the 99 fully serviced lots zoned
for residential purposes in this area of the community, upwards of 42 percent have a lot frontage of 13 metres
or less.
The inference that the zoning of lands fronting onto Front Road within the Residential Fourth Density (R4)
Zone is effective to create a neighbourhood where lots having a frontage of 15 metres repreSent the norm
is inconsistent with the actual built form and character of the community. As illustrated in Appendix IE2" to
this submission, many ofthe lots which front upon Front Road, north and south of Commerce Street, that is
lots zoned within the Residential Fourth Density (R4) Zone, have been subdivided to create lots having
frontages less than 15 metres.
5. Yard and Heiqht Restrictions
In Section 3.2 of Report PD 25-08 it is suggested that a minimum side yard requirement of 1.5 metres will be
effective to create a measure of openness and possible view corridors from the street to Frenchman's Bay.
While we do not disagree that a minimum separation distance of 3 metres between dwellings will create a
measure of openness between the residential structures, we note that once property owners undertake
improvements, which will undoubtedly involve landscaping and the fencing of yards, the ability to protect
visual corridors to Frenchman's Bay at grade from Front Street will be compromised, notwithstanding the
degree of separation provided between dwellings.
What is of significance is the function of a side yard. In addition to providing for an appropriate degree of
separation between structures for reasons of privacy and fire safety, side yards facilitate surface drainage and
maintenance of structures while promoting the character of community. In accordance with generally
accepted practices throughout the City of Pickering, a minimum side yard width of 1.5 metres is considered
appropriate relative to a structure having a maximum height, by definition contained in the zoning by-law, of
12 metres. It is further submitted that a maximum building height of 12 metres will not impact upon the
degree of openness to Frenchman's Bay or result in the massing of structures in a manner which is
incompatible with either the neighbourhood or adjacent properties.
MCDERMOTT & ASSOCIATES LIMITED
LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS
82
, I, '.,rllv:ENT #
:PU'1T # PO
'~~~
Mr. Ross Pym
PN: 5114
-6-
September 9, 2008
This is a significant consideration in terms of the subject properties as it is most likely that soil and ground
water conditions, together with the proximity of the lands to the high water mark of Frenchman's Bay, will not
be conducive to the construction of residential dwellings with conventional basements. Given the physical
characteristics of the property, most notably in the case of the two more southerly proposed lots, our Client
proposes three storey structures with dormers in a relatively steep pitch (Le. 12: 12 or 18: 12) roof. This results
in a dwelling having a height, by definition, of approximately 12 metres. Given that the natural grade of the
subject lands is somewhat lower than the finished grade of Front Road, it is respectfully submitted that a
maximum building height, by definition, of 12 metres, is both reasonable and appropriate in this instance.
It is further noted that Report PD28-05 is critical of the proposal as originally advanced by Fairport Inc. from
the perspective that the building envelope, based on a side yard requirement of 1.5 metres, would result in
dwellings characteristic of a townhouse. As provided for through this submission, the lot frontage has been
inc'reased to a minimum of 12 metres by definition. This results in a building envelope having a width of at
least 9 metres along the front lot line with a minimum spatial separation of 3 metres between detached
dwellings. This will facilitate the siting and design of detached dwellings, most notably on the southerly two
lots, without adverse impacts upon adjacent lands. It is respectfully submitted that, by employing
architectural designs which are sensitive to the issues associated with infill proposals, it will be 'possible to
provide for an effective transition in the built form from the established properties to the south, thereby
creating a desirable streetscape which contributes to the unique character of the area.
6. Zoninq of Water Lots
As noted in Report PD 25-08, the properties in question represent Water Lots which extend into Frenchman's
Bay. It is submitted that the area of land to be zoned for residential purposes should be consistent with the
high water mark generally defined by the lower elevation of the shorewall adjacent Frenchman's Bay. The
lower limit of the shorewall is conceptually illustrated on the topographic survey, dated November 13, 2007
and prepared by Ornari Mwinyi Surveying Limited, as submitted with the application.
We note that such a point is above the high water mark established on neighbouring properties and the
location of the high water mark as delineated on the November 2007 topographic survey of the lands affected
by this application. Delineation of the high water mark on the neighbouring properties to the north and south
appears to follow, in part, from the April 20, 1972, Order made by The Honourable Justice Donahue,
Supreme Court of Ontario, as noted on Plan M-917 deposited in the Registry Office on March 9, 1972.
We concur that the balance of the Water Lots, below the present high water mark, should appropriately be
zoned within an Open Space Zone. Reference is made to Appendix ,"F" to this submission, a draft zone
schedule prepared for your review and consideration, whereon we have delineated the extent of lands
proposed for zoning within a residential zone relative to the present high water mark of Frenchman's Bay.
Based upon our review of the draft amendment, we do not find any provisions pertaining to the use of that
portion of the Water Lots to be zoned within an Open Space/Hazard Land (OS-HL) Zone. It is respectfully
submitted that the draft By-law should be revised prior to adoption to incorporate appropriate regulatory
provisions so as to avoid any misunderstanding or administrative problems in the future. It is further noted
that, in accordance with the approvals granted by the Toronto and Region Conservation Authority, the
provisions of the Open Space/Hazard Land (OS-HL) Zone should provide for docks and/or decks subject
to the requirements of the Authority having jurisdiction. To ensure that the proposed zone provisions are
appropriate, we would appreciate an opportunity to review the draft amendment prior to the proposed by-law
being placed before Council for adoption.
MCDERMOTT & ASSOCIATES LIMITED
LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS
rlHNT# d ~
! PD__,_ '1.j-o
83
Mr. Ross Pym
PN: 5114
-7-
September 9, 2008
7. Ancillarv Structure As An Interim Use
As the City of Pickering is aware, our Client recently erected a gazebo, albeit without the required permits,
on the subject lands to facilitate a family member's wedding ceremony this past June. The ornG!mental
structure, which occupies approximately 30 square metres and has an overall height of approximately 5.5
metres inclusive of the cupola, is situated on the northerly portion of Lot 9 of Registered Plan No. 65 and the
southerly portion of Lot 9, Plan M-917, that is the portion of the property which is zoned within the Waterfront
(038) Zone. As previously noted it is reasonable to suggest that, subject to removal of the holding zone
provision, a gazebo represents a permitted use in association with a private outdoor amenity area and the
existing boat house.
Our Client now understands and appreciates the need for a building permit and requests that the City of
Pickering exercise an appropriate measure of discretion insofar as is necessary to recognize the structure
as a permitted use in the absence of a principal residential dwelling once the lands are zoned within the
Residential Fourth Density (R4) Zone. Provisions may be incorporated within the draft of the proposed zoning
by-law amendment which address such matters as lot coverage and the height of the ornamental structure.
Issues concerning the location of the gazebo relative to property lines will be resolved through the consent
process. Initially, as previously noted, it is anticipated that the applications for consent will provide for lot line
adjustments as opposed to the creation of a new lot.
8. Concludino Remarks
In conclusion, the lands affected by the application of Fairport Inc. represent three distinct and separate lots.
Our Client is seeking an amendment to By-law No. 2511 which would zone the lands under the ownership
of Fairport Inc. and Lee and Jane Gray within a site specific Residential Fourth Density (R4) Zone wherein
the minimum lot area requirement is 320 square metres and the minimum lot frontage requirement, by
definition, is 12 metres.
As previously discussed, the southerly lot, 692 Front Street, is presently zoned within the Residential Fourth
Density (R4) Zone which permits a single detached dwelling. The lot is, however, undersized as it has an
area, above the high water mark, of slightly less than 214 square metres and a lot frontage of approximately
6 metres. Initially, our Client proposes to proceed with lot line adjustments whereby the two southerly lots
would have a minimum lot area, above the high water mark, of approximately 329 square metres and a
minimum lot frontage, by definition, of 12 metres, which is equivalent to a lot frontage of 13 metres measured
along the street line. .
The remnant portion of Water Lot 9 will be merged through the consent process with Lot 9 of Plan M-917 to
create a third lot having a lot area of approximately 1630 square metres with a lot frontage, by definition, of
approximately 26.9 metres. The effect of the proposed merger of the remnant parcel with Lot 9 of Plan M-917
would be to place the gazebo, which now occupies part of Water Lot 9 of Plan 65 and part of Lot 9 of Plan
M-917, together with the boat house, now situated on Lot 9 of Plan M-917, wholly within one lot.
It follows that once the lot line adjustments are finalized, sufficient land would exist to provide for the future
subdivision of the northerly parcel through the consent process to create two building lots having a minimum
lot frontage, by definition, of greater than 12 metres and a lot area of at least 730 square metres, thereby
resulting in a total of four building lots. While our Client has no immediate plans to subdivide the northerly
lot to create a fourth building lot, the requested zoning of the lands would ultimately facilitate intensification
of the built form of the community in a manner which is compatible with the residential function of the area
and which does not result in adverse impacts upon the use and enjoyment of adjacent residential properties.
MCDERMOTT & ASSOCIATES LIMITED
LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS
84
" iii. ENT it , d ""A tt'
"L;<l # PO L.t~:-~
Mr. Ross Pym
PN: 5114
-8-
September 9, 2008
In addition, our Client is requesting that the site specific zoning provide for a maximum building height of 12
metres consistent with the provisions applicable to other properties in the vicinity of the subject lands. To
avoid the perceived problem associated with the height of the structure located at 690 Front Road, that is the
neighbouring property to the south, it is suggested that the provisions regulating building height be amended
to state that the maximum height shall be 12 metres except in the case of a flat roof, in which case the
maximum height shall be 9 metres.
As previously noted in this submission, a gazebo was erected on a portion of the subject lands without the
necessary permits. To resolve this issue and to allow for the interim use of the northerly lot as a private
outdoor amenity area in association with the waterfront and existing boat house, our Client is now requesting
that the City of Pickering exercise a reasonable measure of discretion by allowing the gazebo as an interim
form of land use until such time as the property is developed for residential purposes. By proceeding in this
manner, it will be possible to obtain the required building permits subject to compliance with the Ontario
Building Code. Once the property is developed for residential purposes, the zoning will allow the gazebo
as an accessory structure. While clearly this approach is not one proffered by Council, in that the zoning of
the property should have been dealt with in advance of proceeding with the erection of the gazebo, it does
represent a reasonable means for resolution of the issue.
With respect to the issues associated with water lots and the extent of the lands to be zoned within the
residential and waterfront open space zones, we respectfully suggest that it is appropriate to revise the zone
schedule to delineate the boundary between the proposed site specific residential zone and the open space
zone along a line which is consistent with the lower limit of the shorewall, or extension thereof, as illustrated
on the revised zone schedule attached hereto as Appendix "F".
Our Client is further requesting that the City of Pickering revise the draft by-law amendment to provide for a
maximum lot coverage, for all buildings and structures, of 40 percent. Such a request is considered
reasonable given the physical characteristics of the properties and the readily apparent discrepancies which
exist in terms of the delineation of the high water mark of Frenchman's Bay and the basis proposed for
delineation of the boundary between the site specific Residential Fourth Density (R4) Zone and the Open
Space / Hazard Land (OS-HL) Zone. The requested increase in maximum lot coverage from 33 percent to
40 percent is of a relatively modest nature and will not result in the excessive massing of buildings or
structures on the property relative to adjacent residential properties.
In summary, therefore, on behalf of Fairport Inc. we respectfully request that the draft by-law amendment
attached to and forming part of Report PO 25-08 be revised as follows, namely:
i. that the zone schedule forming part of the proposed by-law amendment be revised insofar as is
necessary to zone that portion of the property located above the high water mark, that is the lower
elevation generally defined by the shorewall, within a site specific Residential Fourth Density (R4)
Zone and that the balance of the Waterlots be zoned within an appropriate open space zone as
delineated on the revised zone schedule attached to and forming part of this submission;
ii. that the lot area and frontage requirements for the proposed site specific Residential Fourth Density
Zone be revised to provide for a minimum lot area of 320 square metres and a minimum lot
frontage, by definition, of 12 metres;
iii. that the minimum rear yard requirement be revised to provide for a minimum rear yard requirement
of 6 metres given the re-delineation of the high water mark as proposed on the revised zone map
versus the high water mark delineated on the topograhic survey filed with the application and/or
as defined on Plan 40R-8654, which high water mark levels are generally consistent with that
defined by the April 20, 1970, Order of Justice Donahue of the Supreme Court of Ontario;
MCDERMOTT & ASSOCIATES LIMITED
LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS
. "'-r"T~'
'I. on.1 l: y VI _.. il.'
I .fJl}kT # PO ~
85
Mr. Ross Pym
PN: 5114
-9-
September 9, 2008
iv. that the provisions regulating the maximum height of a residential structure be revised to state that
the maximum height shall be 12 metres except where the roof is a flat roof in which case the
maximum permitted height shall be 9 metres;
v. that the draft by-law be reyised to insert a clause which states that the maximum lot coverage of
all buildings and structures within the Residential Fourth Density Exception Twenty- One (R4-21)
Zone shall be 40 percent;
vi. that the draft by-law be revised to incorporate a clause which states that, notwithstanding any other
provision of By-law No. 2511, as amended, to the contrary, a gazebo, having a floor area of 30
square metres and a maximum height of 5.5 metres, shall be permitted in association with a
boathouse and associated outdoor amenity where the boat house exists as of the date of passing
of the by-law; and,
vii. that the draft by-law be revised to specify the permitted uses and regulatory provisions applicable
to those lands to be zoned within the Open Space/Hazard Land (OS-HL) Zone, specifically to
provide for docks and/or decks subject to the requirements of the Authority having jurisdiction,
being the Toronto and Region Conservation Authority in this instance.
We trust that you will give favourable consideration to the revisions proposed to the draft by-law amendment
in light of the information provided through this submission, and, that the City of Pickering will afford us an
opportunity to review the revised draft of the proposed amendment prior to the by-law being placed before
Council for adoption. Should you have any questions in relation to the nature and scope of the revisions
requested to the draft by-law amendment, please do not hesitate to contact the undersigned.
Respectfully submitted,
~~;:;mited
J. D. McDermott, M.C.I.P., R.P.P.
Principal Planner
copy to: Mr. Lee Gray
Fairport Inc.
MCDERMOTT & ASSOCIATES LIMITED
LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS
86
j I, .vtUlI'!ENT '-'I? .~ ~
,cPORT , PD '1 'R -u
Appendix "A" - Registered Plans No. 65, M-90, M-917, etal
Appendix "B" - Existing Site Conditions
Appendix "C" - Conceptual Plan Of Proposed Lots
Appendix "c" - Compiled Zone Map / Front Road & Adjacent Areas
Appendix "D" - Assessment of Lot Characteristics
Appendix "E" - Proposed Zone Schedule
APPENDICES
j I, vrllltENT# .
,,:f'OHT # PO
2 ~~
if )(~__.
Appendix "A 1" . Registered Plan No. 65, Village of Fairport
Appendix "A2" - Registered Plan M-917
Appendix "A3" - Registered Plan M-90
Appendix "A4" - Plan 40R-8654
Appendix "A5" - Abstract of Title / 700 Front Road
APPENDIX" A"
Registered Plans No. 65, M-917 and M-90, etal
87
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RONTAGE CHARACTERISTICS
FRONT ROAD & ADJACENT PROPERTIES
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN, MARCH 4, 2008.
107
APPLICANTS REVISED
SUBMITTED PLAN
A 09/08 - FAIRPORT INC.
ATTACHMENT I
REPORT # PO
4 TO
40-o~
WATERPOtNT STREET
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rn ~
740.9 sq.m.
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W
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3
LOT 9
REC:STERED ::>lAN M-917
~
>
7
:;:
FLAN 40R - 8654
NOTE:
APPROXIMATE LOCATION HIGH WATER MARK AS
DETERMINED BY THE ORDER OF JUSTICE DONAHUE,
SUPREME COURT OF ONTARIO, APRIL 20, 1970
I
/
/
/
-;-
/
\
\
\
NOTE:
EXISTING HIGH WATER MARK JULY, 2008 &
PROPOSED BOUNDARY OF LANDS TO BE REZONED
FOR RESIDENTIAL PURPOSES
\
c;-\
I
\
~
THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN, NOVEMBER 17, 2008.
1 'I I I 1 1 I I
1_ ~ ~ II -+ l ~ __L
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1 08
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E
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55.0m
8r AFF'8 RECOMMENDED PLAN
FAIRPORT INC.
A 009/08
ATTACHMENT I 5 TO
REPORT I PO ~I? -08
'l
;;0
o
Z
---1
",,-WATERPOINT
STREET
46.9m
E
"<j-
RETAINED lOT r")
N
PROPOSED lOT 8
84.2m
50.9m
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- - ~ --...---.--- - - -
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING.
PLANNING &- DEVELOPMENT DEPARTMENT,
INFORMATION ok SUPPORT SERVICES,
NOVEMBER 14, 2008.