HomeMy WebLinkAboutPD 20-05PICKERING
REPORT TO
EXECUTIVE COMMITTEE
Report Number: PD 20-05
Date: May 6, 2005
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 15/04
R & D Investments Inc.
1741 Fairport Road
(Lot 126, Plan 1051)
City of Pickering
Recommendation:
That Zoning By-law Amendment Application A 15/04, be APPROVED as set out in
the draft by-law attached as Appendix I to Report PD 20-05, to amend the existing
zoning on the subject lands to permit the development of nine detached dwellings,
on lands being Lot 126, Plan 1051, City of Pickering.
That the amending zoning by-law to implement Zoning By-law Amendment
Application A 15/04, as set out in Appendix I to Report PD 20-05 be FORWARDED
to City Council for enactment.
Executive Summary: The applicant requests a change to the zoning by-law to
permit the development of nine detached dwellings on lands located immediately north of
the CN rail line, on the east side of Fairport Road (see Attachment #1 - Location Map).
The nine detached dwellings will front onto a 6.0 metre private road with lot frontages of
approximately 13.0 metres and lot depths of approximately 24.0 metres (approximate lot
area of 312 square metres)(see Attachment #2 -Applicant's Submitted Plan).
The subject property is located between the Canadian National Rail Line, Fairport Road
and a recently approved residential development to the north, at the south edge of the
Dunbarton Community. Redevelopment of these lands presents a challenge due to the
configuration of the property and the location adjacent to the CN Rail. The design
proposed for this nine unit infill development is specific to the conditions of this property
and does not set a precedent for future development in this neighbourhood. Through
the review of this application, staff also considered alternative non-residential uses for
the lands. While alternative uses were identified that could be supported from a
planning standpoint, these uses were strongly opposed by area residents.
Report PD 20-05
Subject: R & D Investments Inc. (A 15/04)
Date: May 6, 2005
Page 2
The proposed residential development will not adversely affect the character of the
neighbourhood, satisfies the noise and safety standards set by the Canadian National
Railway and the Ministry of the Environment, and conforms to the policies of the
Pickering Official Plan and provisions of the Dunbarton Neighbourhood Development
and Design Guidelines. All interests of the City will be appropriately addressed through
future subdivision and condominium/site plan agreements.
Financial Implications:
proposed development.
No direct costs to the City are anticipated as a result of the
Background:
1.0 Comments Received
1.1 At the December 16, 2004 Information Meeting
(see Text of Information Report, Attachment #3)
Public Comments
(Gall Clow- FRAC)
· development is incompatible, but
supports 12 metre frontages;
· does not want private road
development to set a precedent in
Dunbarton Neighbourhood;
· desires a building presence onto
Fairport Road;
· concerns over traffic onto Fairport
Road;
Applicant Comments
(Julius DeRuyter- PMG Planning)
· the property is a remnant parcel;
· development will be in character with
the existing neigbourhood;
· driveway and berm will be owned by
the condominium (common elements);
· the dwellings will be freehold;
1.2 Agencies:
Durham Region Planning Department
conforms with Regional Official Plan;
municipal water supply and sanitary
sewer are available;
further information is required in order to
demonstrate how development will
proceed with regards to servicing;
after review of the noise and vibration
impact study, the study is acceptable and
consistent with MOE recommended
procedures;
after review of the Phase I Environmental
Assessment, no issues of environmental
concerns;
no further Provincial interests are
identified (see Attachment #4);
expansion of the corporations plant will
Veridian Connections -
Report PD 20-05
Subject: R & D Investments Inc. (A 15/04)
Date: May 6, 2005
Page 3
1.3
Canadian National Railway
City Departments:
be
service this area;
-individual metering for each unit
required;
pay costs to supply and install services;
possible relocation of services to
accommodate proposed driveway;
requires construction agreement to obtain
site servicing;
no objection to the proposed
development (see Attachment #5);
maintain a minimum of 21.9 metre
setback from the property line to the
dwellings;
enter into appropriate agreements with
CN;
meet MOE noise criteria of 55dba;
minimum berm height of 3.4 metres along
the entire southerly property line;
appropriate warning clauses within a
registered municipal agreement;
- minimum 1.83 metres chain link fence
along the mutual southerly property line
(see Attachment #6);
required on the road allowance to
is
Development Control
Pickering Fire Services
- a stormwater management report is
required, to address quality control, quantity
control and downstream erosion control;
grading and drainage for the site must be
able to accommodate existing drainage
from properties to the north and west;
development agreement may be required
to address works external to the site;
a Fill & Topsoil permit will be require prior to
any soil disturbance (see Attachment #7);
requires road to be constructed according
to OBC requirements for (Access Route
Design);
fire route signs along the southern portion
of the road;
6.0 metres is an acceptable width;
installation of fire hydrant between Unit #4
& Unit #5 on the south side;
- these must be demonstrated through the
site plan /condo application (see
Attachment #8);
Report PD 20-05
Subject: R & D Investments Inc. (A 15/04)
Date: May 6, 2005
Page 4
2.0
2.1
2.1.1
2.1.2
2.1.3
Discussion
Use and Compatibility
The proposed development is compatible with the surroundinq nei,qhbourhood.
The proposed development is compatible with the character of existing and
recently approved surrounding development. Although a mix of both lot sizes
and housing product type is typically encouraged within new residential
developments, the size of the subject parcel and other factors influencing its
development, limit opportunity to introduce variety in housing form. The proposal
for nine detached units on a private internal road is considered appropriate
provided architectural design requirements are incorporated through Draft Plan of
Subdivision Application S-P-2005-02 to address Fairport Road streetscape.
The proposed development completes this area of the Dunbarton neighbourhood
in a compatible fashion.
The proposed development is unique and will not set a precedent in the City of
Pickerin.q.
The development of this remnant parcel presents a unique challenge due to the
size and configuration of the parcel, and its location adjacent to the
Canadian National Rail Line. The development solution for this property will be
unique to this location and will not set a precedent for future infill development in
the Dunbarton Neighbourhood or elsewhere in the City. Through the review of
this application, staff worked with the applicant to identify and explore potential
non-residential uses of the property that could also be supported from a planning
standpoint. Staff considered commercial/office, self-storage development and
different forms of residential development such as townhouses, semi-detached
and multi-unit residential buildings. Although non-residential land uses were
identified that were considered compatible from a planning standpoint, area
residents expressed strong concern and opposition with these uses.
Consequently, although residential may not be the most preferred land use for
the subject property, it can be introduced in a fashion that is compatible with the
community and that meets required noise and safety standards.
An appropriate livin,q environment can be achieved.
Although the development being proposed abuts the CN rail line, the applicant
has demonstrated through a noise and vibration report that, through appropriate
attenuation measures, an appropriate living environment can be achieved in
compliance with Ministry of Environment and Canadian National Railway
standards. This is supported by the Region of Durham comments regarding the
noise and vibration impact study. However, protected outdoor activity areas will
be located in the rear yards of the lots, screened from the CN Rail by the physical
structure of the dwelling unit. Typical front yard activities will be restricted due to
noise levels associated with the CN Railway.
Report PD 20-05
Subject: R & D Investments Inc. (A 15/04)
Date: May 6, 2005
Page 5
2.2 Zoning & Design
2.2.1 Zoning standards will be consistent with recent development with certain
modifications.
Zoning will be consistent with recent infill development in the Dunbarton
Neighbourhood. Minimum lot frontages of 12 metres, minimum front yard depths
of 4.5 metres and minimum side yard widths of 1.2 metres and 0.6 metres and a
4.5 flankage side yard width will be required for this development. A reduced
rear yard depth from 7.5 metres to 7.0 metres and a reduced two-way drive aisle
width from 6.5 metres to 6.0 metres is required to address the shallow parcel
width resulting from the requirement for the construction of a rail safety berm. To
address the common element road, freehold units in the by-law will be permitted
in this development to front onto a private road as opposed to a public road.
These standards will be implemented in the proposed by-law.
2.2.2 A Holding Provision in the Zoning By-law will require appropriate agreements to
be executed.
In order to control development on the subject property an "H" Holding Provision
will be implemented in the zoning by-law. The objective of the holding provision
is to ensure that appropriate agreements are entered into with the City of
Pickering and the Region of Durham to ensure that issues of the
Canadian National Railway are addressed. Further, the holding provision will
also require that other elements of the development are addressed including site
plan/condo agreements, noise and vibration requirements, and site servicing and
grading requirements.
2.2.3 Dwelling design will be addressed through an Architectural Desiqn Statement.
Dwelling unit design will be controlled through the associated Subdivision
Application S-P-2005-01. An architectural design statement will be required as a
condition of approval for the subdivision application. This statement will address
such issues as building envelopes, house designs, siting, and streetscapes as
well as garage designs, locations, massing, width, and projections from the main
dwelling, with a specific requirement to address the Fairport Road streetscape.
2.3 Associated Applications, Future Applications and Processes
2.3.1 Draft Plan of Subdivision S-P-2005-01 is required in order to create a
developable parcel.
A Statutory Public Meeting was held for Draft Plan of Subdivision Application
S-P-2005-01 on April 21,2005 in order to develop this property for nine detached
dwelling units, the parcel that is to be developed must be a whole of a lot or block
within a registered plan. Therefore, the applicant is proposing to create one
subdivision block on the subject lands with the intention to develop nine detached
dwelling units.
Report PD 20-05
Subject: R & D Investments Inc. (A 15/04)
Date: May 6, 2005
Page 6
2.3.2
3,0
Condominium/Site Plan applications will be required.
An application for condominium approval will be required to define the common
elements of the development, such as the private road and the berm. These
common elements will be approved as part of a site plan application. Along with
defining the road and the berm as common elements the City will require
securities for the installation of these common elements as well as landscaping,
landscaping of the berm, and other works as required by the City through the site
plan application.
Applicant's Comments
The applicant is aware of the contents of this report, has reviewed the draft
zoning by-law, and concurs with the recommendations.
APPENDIX:
Appendix I:
Draft By-law
Attachments:
1. Location Map
2. Applicant's Submitted Plan
3. Information Report
4. Comments from the Region of Durham Planning Department
5. Comments from Veridian Connections
6. Comments from Canadian National Railway
7. Comments from Development Control
8. Comments from Pickering Fire Services
Report PD 20-05
Subject: R & D Investments Inc. (A 15/04)
Date: May 6, 2005
Page 7
Prepared By:
Gee Rj;i~ ,1~,, n~)wski, CPT
plCnner~llC'
Approved / Endorsed By:
L nd"~
y a Taylor, MClP,/RPP
Manager, Development Review
GXR:Id
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
Thor~s~. ~t~inn, CCef Ad~istrab"i'~¢er/I
APPENDIX I TO
REPORT NUMBER PD 20-05
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A '15~04
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
DR FT
Being a By-law to amend Restricted Area Zoning By-law
3036, to implement the Official Plan of the City of Pickering,
Region of Durham, Lot 126, Plan 1051, in the City of
Pickering. (A 15/04)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit 9 single detached dwelling lots on the subject lands, being the Lot 126,
Plan 1051, in the City of Pickering;
AND WHEREAS an amendment to By-law 3036, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
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.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands being Lot 126, Plan 1051,
in the City of Pickering, designated "(H)S3-12" on Schedule I attached to this
By-law.
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)
(c)
(d)
(2) (a)
(b)
"Dwelling 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;
"Dwelling, Single or Single Dwellinq" shall mean a dwelling
containing one dwelling unit and uses accessory thereto;
"Dwellinq, Detached or Detached Dwelling" shall mean a single
dwelling which is freestanding, separate and detached from other
main buildings or structures;
"Floor Area - Residential" shall mean the area of the floor surface
contained within the outside walls of a storey or part of a storey;
"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;
-2-
OR £T
(3)
(4)
(5)
(a)
(b)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
O)
"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;
"Lot Frontaqe" shall mean the width of a lot between the side lot
lines measured along a line parallel to and 7.5 metres distant from
the front lot line;
"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;
"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;
"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;
"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;
"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;
"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;
"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;
"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;
"Flanka.qe 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;
"Flankaqe Side Yard Width" shall mean the shortest horizontal
dimension of a flankage side yard of a lot between the lot line
adjoining a street or abutting on a reserve on the opposite side of
which is a street, and the nearest wall of the nearest main building
or structure on the lot;
"Interior Side Yard" shall mean a side yard other than a flankage
side yard.
PROVISIONS
-3-
(1) (a) Uses Permitted ("S3-12" Zone)
No person shall, within the lands zoned "S3-12" 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 ("S3-12" Zone)
No person shall within the lands designated "S3-12" on Schedule I
attached hereto use any lot or erect, alter or use any building except
in accordance with the following provisions:
(i) LotArea (minimum):
(ii) Lot Frontage (minimum):
(iii) Front Yard Depth (minimum):
300 square metres
12 metres
4.5 metres
(iv) Side Yard Width (minimum): 1.2 metres & 0.6 metres
(v) Flankage Side Yard Width (minimum):
4.5 metres
(vi) RearYard Depth (minimum): 7.0 metres
(vii) Building Height (minimum): 12.0 metres
(viii) Dwelling Unit Requirements:
maximum one dwelling unit per lot
and minimum gross floor area-
residential of 100 square metres
(ix) Parking Requirements:
(x) Special Regulations
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
and side lot line immediately
adjoining or abutting on a reserve
on the opposite side of the street.
A A maximum of 9 detached dwelling units are permitted on
the lands designated "S3-12" on Schedule I hereto.
B
Despite the provisions of Section 5.6 of By-law 3036, the
requirement for frontage on a public street shall be satisfied
by establishing frontage on a common element condominium
street.
HOLDING PROVISION - (H) HOLDING SYMBOL
(1) Holdinq Prevision Requirements
(a) Permitted Uses
While the "(H)" holding symbol is in place, no person shall, on the
lands designated "(H)S3-12", use the lands for any purpose other
than for One Single Detached Dwelling Unit subject to provisions of
Section 9.2 of By-law 3036.
(b)
-4-
Removal of the (H) Holding Symbol
Prior to an amendment to remove the (H) Holding Symbol preceding
the above zoning category "S3-12" the following condition shall be met:
(i)
An appropriate agreement(s) shall be executed with and to the
satisfaction of the City of Pickering and/or the Region of Durham,
and such agreements shall be registered on title to the lands, and
the agreement shall include noise and vibration requirements for
the development of buildings or structures in accordance with the
provisions of subsection 5.(1) of this By-law;
7. BY-LAW 3036
By-law 3036, 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
attached hereto. Definitions and subject matter not specifically dealt with in
this By-law shall be governed by relevant provisions of By-law 3036, 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
,2005.
day of
Dave Ryan,
Bruce ~l~lor, Clerk
PASSED THIS
DAY OF 2005
MAYOR
CLERK
? I
SPRUCE.
E'S LANE
GOLDE
ROA
C.N.R.
DUNBARTON
C.N.R.
SHEEPPARD
AVENUE
KINGSTON
~o~,o
Cib, of Pickering
DRY'
Planning & Deveiopmen~ Depa.rtment
&'D INYBSTB/IENTS DATE NOV 2, 2084 DRAWk~ BY
OWNEF,
FOE D_, A, ,~.f., U.~_ mN~ v P~-T
A""'~A CHh'iEN'r #.
SITE PLAN
1741 Fairport Road
9 Single Detached Residential
NATIONAL
ATTACHMENT# 3 1'o
INFORMATION REPORT NO. 20-04
FOR PUBLIC INFORMATION MEETING OF
December 16, 2004
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 15/04
R & D Investments Inc.
Lot 126, Plan 1051
(1741 Fairport Road)
City of Pickering
1.0
2.0
PROPERTY LOCATION AND DESCRIPTION
- the property subject of the above-noted application is approximately 0.49 hectares
in size;
- located on the east side of Fairport Road, immediately north of the CNR rail
line (see Attachment #1 - Location Map);
- existing single detached residential homes are located to the west and north
of the subject lands.
APPLICANT'S PROPOSAL
the applicant proposes to amend the zoning of the property to develop
9 detached dwellings (see Attachment #2 - Applicant's Submitted Plan);
proposed lot frontages are approximately 12.0 meters and proposed lot
depths of approximately 25.0 metres;
the applicant is proposing a 5.0 metre, one-way private driveway, entering
from Fairport Road and exiting onto Dunbarton Road, through the northeast
corner of the property;
the applicant proposes to construct a 10.0 metre wide, 3.0 metre high berm,
for the purposes of providing a barrier between the CNR rail line and the
proposed dwelling units;
an application of condominium will be submitted in the future for the common
element driveway.
Information Report No. 20-04
Page 2
3.0
3.1
3.2
3.3
3.4
OFFICIAL PLAN AND ZONING
Durham Reqional Official Plan
the Durham Regional Official Plan identifies the subject lands as being
designated Living Area, which permits development predominately for
housing purposes;
the applicant's proposal complies with this designation;
Pickerinq Official Plan
the subject property is designated Low Density- Urban Residential within the
Dunbarton Neighbourhood;
this designation permits residential uses and a mix of community, cultural and
recreational uses;
Iow density residential development permits up to and including 30 units per
net hectare;
the proposed development would provide a net density of 18.3 units per net
hectare;
the applicant's proposal conforms to the applicable Official Plan policies;
Dunbarton Neiqhbourhood Desiqn Guidelines
(see Attachment #3 - Dunbarton Neighbourhood Map)
- new development shall be compatible with the existing neighbourhood
character with regard to lot area and frontage requirements;
- new development shall maintain building setbacks consistent with recent
subdivision standards;
- compliance with the Dunbarton Neighbourhood Guidelines will be considered
through the review of this application;
Zoning By-law 3036
the subject lands are currently zoned "R3" - Detached Dwellings Residential Zone,
by Zoning By-law 3036;
the existing zoning permits detached dwellings with minimum lot frontages of
18 metres and minimum lot areas of 550 square metres;
an amendment to the zoning by-law is required to allow for the development of
9 detached dwelling units on lots with minimum lot frontages of 12 metres.
Information Report No. 20-04 Page 3
ATTACHMEN? ~ 3 TO
REPORT # PD ~, "~.'~ ~
4.0
4.1
4.2
4.3
RESULTS OF CIRCULATION
Resident Comments
- no written comments received to date;
Agency Comments
- no comments have been received to date;
Staff Comments
- in reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
Dunba~on Neiqhbourhood
· is the proposed development compatible with, and sensitive to, surrounding
existing residential developments;
· does this proposal maintain the character of the Dunbarton Neighbourhood;
· does the proposed internal road and lotting pattern provide for adequate
site function;
· the neighbourhood guidelines contemplated new internal roads to be
municipally owned, 20.0 metre public right-of-way, therefore, review of the
intent of the guidelines for a private (driveway) is required;
· an amendment to development guidelines may be required to address
common element road;
· does the proposal provide opportunity to maintain a relationship to
Fairport Road through building orientation;
· are the Design Guidelines of the Dunbarton Neighbourhood Development
being adhered to;
Appropriateness, Intensification & Design
· is this form of development appropriate for this location;
· is it appropriate to have grade related housing facing an elevated rail line;
· is intensification of this land necessary in this community;
· is the living environment appropriate for this form of housing;
· is the site restricted in achieving proper dwelling setbacks, right-of-way
widths, amenity areas and safety from the rail line;
· can the site and built form be redesigned to achieve a relationship to
Fairport Road and a functional two-way right-of-way;
· is the site being overdeveloped, can the number of units be reduced and
designed in a different manner (e.g. wide-shallow bungalows);
Information Report No. 20-04
Page 4
5.0
· could development be redesigned for duplex or quadruplex development
while still meeting Iow density requirements or another non-residential
use;
· being at the edge of the community and a remnant parcel with constraints,
could deviation of guidelines and policy occur;
Other
· a preliminary grading plan must be submitted and reviewed to identify
potential grading issues;
· supporting technical submissions and reports must be received to ensure
adequate information has been provided;
· noise attenuation and vibration reports must be submitted and reviewed to
assess effects on site layout, function and appropriateness;
this Department will conclude its position on the application after it has
received and assessed comments from the circulated departments, agencies
and the public.
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 Council or a Committee of Council;
- if you wish to be notified of Council's decision regarding the proposed zoning
by-law amendment application, you must request such in writing to the
City Clerk;
- if a person or public body that files a notice of appeal of a decision of the
City of Pickering in respect of the zoning by-law amendment does not make
oral submission at the public meeting, or make a written submission 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. 20-04
6.0
6.1
6.2
6.3
OTHER INFORMATION
Appendix No. I
list of neighbourhood residents, community associations, agencies and
City Departments that have commented on the applications at the time of
writing report;
Information Received
full scale copies of the Applicant's submitted plan is available for viewing at
the offices of the City of Pickering Planning & Development Department;
the City of Pickering is in receipt of the following reports, which obtain
technical information for the Zoning By-law Amendment Application A 15/04:
· a Phase I - Environmental Site Assessment - 1741 Fairport Road -
City of Pickering, created by Soil-Eng Limited - May 2001.
· a Soil Investigation Report - 1741 Fairport Road - City of Pickering,
created by Soil-Eng Limited - June 2001.
the need for additional information and/or addendums to this report will be
determined through the review and circulation of the applicant's current
proposal;
Property Owner
the owner of the property is R & D Investments Inc. The principals of R & D
Investments Inc. are Julius DeRuyter and Hessie Rimom. The agent for this
application is Julius De Ruyter from PMG Planning Consultants.
ORIGIN'AL SIGNED BY
ORIGnklAL SIGNED BY
Geoff Romanowski, CPT
Planner I
GXR:jf
Attachments
Lynda Taylor, MC{P, RPP
Manager, Development Review
Copy: Director, Planning & Development
ATTACHMENT# 3 TO
R~,POR'I' # PD.....~.~_.~
APPENDIX NO. I TO
INFORMATION REPORT NO. 20-04
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date
COMMENTING AGENCIES
(1) none received to date
COMMENTING CITY DEPARTMENTS
(1) Planning & Development Department
December 7, 2004
~-T1ACHMEI',II #....LZ TO
REPORT # PD
The Regional
Municipality
of Durham
Planning Department
1615 DUNDAS ST. E.
4TM FLOOR, LANG TOWER
WEST BUILDING
PO BOX 623
WHITBY ON L1N 6A3
CANADA
905-728-7731
Fax: 905-436-6612
mail: planning@
gion:durham.on.ca
www. region.durham.on.ca
A.L. Georgieff, MClP, RPP
Commissioner of Planning
"ServiceExcellence
for our COmmunities"
Geoff Romanowski, Planner I
Planning & Development Department
One the Esplanade
Pickering Ontario
L1V 6K7
Dear Mr. Romanowski:
F{ECE VED
DEC O 8 2004.
CITY OF PiCKERING
PLANNING & DEVELOPMENT
DEPARTMENT
Re:
Zoning Amendment Application A 15/04
Applicant: R&D Investments Inc.
Location: Part Lot 26, Concession 1
Municipality: City of Pickering
This application has been reviewed and the following comments are
offered.
The application proposes to rezone the property to permit the
development of 9 detached dwellings.
Durham Reqional Official Plan
The subject property is designated "Living-Area". Lands within this
designation are to be used predominantly for housing purposes and
developed in a compact form through higher densities and by intensifying
and redeveloping existing areas, particularly along arterial roads. The
proposal would be permitted by the policies of the Regional Official Plan.
Municipal Servicinq
Municipal water supply and sanitary sewer services are available to the
subject property. Although there is adequate capacity to service the
property, it must be demonstrated that the proposed development will be
service with a municipal right-of-way or the-property will be developed as
a plan of condominium with full municipal.servicing from the Fairport
Road frontage. Additional information will be required from the applicant
to demonstrate how the proposed development will proceed.
Provincial Plan Review Responsibilities
The application has been screened in accordance with the provincial
plan review responsibilities. The property is adjacent to Fairport Road,
which is designated as a Type C arterial road in the Regional Plan. The
100% Post Consumer
/~TTACHMENT ~ ~ 're
REPOR'I' # PD o,~o
Page 2
lands are also located immediately north of a railway corridor. Prior to
residential' development of the lands, a noise and vibration study will be
required to ensure noise and vibration impacts on the proposed
residential units are adequately addressed. The study may be submitted
for Regional review through an associated land division or plan of
subdivision process.
A Phase I Environmental Site Assessment prepared by SoiI-Eng Limited,
dated May, 2001, concluded that no issues of environmental concern
were identified and there was no evidence of soil contamination. No
further provincial interests appear to be affected by the proposal.
If you have any questions or require additional information, please call
me.
Yours truly,
Ray Davies, Planner
Plan Implementation
Current Operations Branch
Copy: Pete Castellan, Durham Region Works Department
R:'~rCzoning~ickedng a15-O4.doc
'The Regional
Municipality
of Durham
Planning Department
1615 DUNDAS ST. E.
4TM FLOOR, LANG TOWER
'WEST BUILDING PO BO×'623
WHITBY ON L1N 6A3
_ CANADA
"05-728-7731
.:ax: 905-436-66t2
E-mail: planning@
region.durham .on.ca
. www. region,durham.on.ca
A.L. Georgieff, MCIP, RPP
Commissioner of Plann
April 14, 2005
Geoff Romanowski, Planner II
Planning & Development Department
City of Pickering
One the Esplanade
Pickering ON L1V 6K7
Dear Mr. Romanowski:
Re:
Noise and Vibration Impact Study
Prepared by: J.E. Coulter Associates Limited
File: S-P-2005;01 (R. & D. Investments)
Municipality: City of Pickering
The Noiseand Vibration Impact Study addresses traffic noise generated
.by Fairport Road, Highway 2 (Kingston Road), and'Highway 40.1. The
study also addresses rail noise from the CN'Rail line, the primary noise
source. The study'provides calculations and recommendations that would
meet the requirements of the Region of Durham and the Guidelines of the
.Ministry of Environment.
The Study suggests that the Outdoor Living Areas (OLA) for the proposed
units will .be shielded by the units themselves, with added protection by
incorporating 2.4 metre sound barrierS in between the dwelling units and
along Fairport Road and the easterly limit of Lot 9 to shield sound at the
end of the units. This would satisfy MOE Criteria. Sound levelswere
measures at the faCade of the units. Comments cannot be provided for
the Vibration Monitoring 'component of the report.
The Study suggests sound from Highway.2 and Highway 401 will.not be a
factor.due to the elevated rail line in the vici'nitY which shields the
propoSed development. Appropriate warning clauses are recommended
regarding noise abatement features, including those units which require
central.air, conditiOning. A standard warning clauSe from CN .Rail is '
included for these units as they will be situated within 300 metres of the
railway right"Of-way. CN Rail should have been forwarded a copy of this
Report due to the.proximity of this development to the railway right-of:way.
CN. Rail should alsO provide appropriate comments and conditions with.
respect to t'his report.
",Servk~,~E~ettence
for.ou¢,~om~unifies,,
Ir~ general, the.Study is acceptable with respect to the recommendations
concerning road and rail noise, as the analytical, techniques are'consistent
with MOE recom mended procedures.
100% Post Consumer
ATTACHMENT # ~ TO
REPORI # PD o,q~),
Page 2
Please do not hesitate to contact me if you have any questions.
Yours truly,
Ray Davies, MCIP, RPP
Planner
Current Operations Branch
copy: Julius De Ruyter, R.&D. Developments
r:\rd\noise\S~ P-2005-01
J~N-lO-2005 ~ON 10:52 h~ FAX NO, P, 02
VERIDIAN CONNECTIONS.
DEVELOPMENT APPLICATION REVIEW
PROJECT NAME: R & D Investments Inc.
I A.DDRES$/PLAN; 174l Fairport Road (Lot 12fi,, 'Plan 1051)
t MUNICIPALITY: Pickemg
'REP. NO.: A 15/04 SUBMISSION DATE:
CiTY OF PICKERING
November 10) 2004
10.
ll.
E.lect*ic Service is available on fl~c road ,allowance(s) touching chis pmperrg.
Servicing may be from Dtmbarton Road and/or Poi,port Road,
An exp~msion of the Corporation's plant is recrired on ~e road allowance in order to service th.is projec[ This
may either be overhead, undergrmmd, or a combination.
In residential deve2opmcnm all such expansions am underground.
The applicant may need to provide accommodation or~ site for the Corporation's trmsformer(s).
· ou~doo~ padmoun[ hi a 5m X &n cle~t area
IndMdu~l metering t'or each unit is required,
The Applicant may need m provide a concrete encased (looped/radial) under[Four*d duct system fi:om
designated supply poma(s) al Dunbartor, Read and/or Fair'port Road to a transformer locadon on the property.
The Applicant must pay costs to supply ired install mtderground service cables along the route of 5. above.
'lhe following standard fixed fee costs will ~pply:
Service Comaection Fee $130.00 per unit
E, xisdng Cml~orarion plant on Drmbarton Road and/or Fairport Road may have to be replaced/relocated at
One Applicant's cost to accommodate &e proposed priVate dmvev~y ent~anee.,'i.
The Applicant must make direct application to ~he Corporation to obtain specific approval of the elecmcal
senrice arrangements and related wo& for rhi~ project. 'lhe applicant is candor*ed that tenders, contracts, or
work iniriamd prior to obtaining specific approval will be subject to change.
A Cor~stmctiou Agreement must be ,qgned witl~ &e Corporation in order to obtain servicing ~or this site. Legal
costs will be charged ro the Applicant,
3, Multi-Tenant Agreement must be entered int~ and may be reghtered on title as part of thc servicing
l, equirements. Legal cost~ ~br this will be charged to the Applicam.
J~N-lO-2005 NON 10:52 ~N
FO',× NO,
REPORI ~ PD ,~2 ¢ -- ¢_5'"
?, 03
P:t§e 2
VF, RIDD~2q CONNECTIONS
DEVELOPMISNT APPLICATION REVIEW
12.
13.
14.
15.
16.
19.
All work f~om the public ro~d ,~llow~ca to fl~c scrv'ic¢ ent~.'.mce ~d d~c mc:c~g ~z~m~g~cnts must comply
~h d~e Corpo~on's req~em~ts and sp~ificadons.
~e Apphc~nt ~ be ~eqmred to ~nt to the Co~o~afion a smnd~d oc~padon ~sem~t, regismrcd on ~rle,
for high votmge cable, low voltage cable md
Prior to obese a b~lding pe~ ~e App~c~t sh~, by ugreeme~t, cortex acceptance o~ ~e terms and
con,dons of pm~g flcc~ca[ s~ce.
g~ere cr~nes o? m~terL~ handing eq~pmem or workers must work in p~o~W to ~isd~g overhead
wi~ ~e capab~ o; contact or co~ug ~th~ ~e ~ta of ,appro~clg fl~ developer/b~dcr sh~ll pay ~
for thc tcmpora~ relocation, b~. or protection of the ~es, or other acdou deemed necess~ by Vcfi~ to
pro,de for wo&er s~&ry ~d &~ secu~ of &~ el~ctricg
L~dscap~g~ sp~ci6cflly ~ees md shrubs, shmfld b~ ;docated away Lorn the Cotporafion's
to avoid interference ~ eqdpmenr access ~nd fu~e grox~h. Lopsided app;;~ce of ~ees from t~g
may t~sult.
W~ not attend scheduled EiB' of Picke~g D~T Mee~g for thi~ devdopment
Veti~an Connections ha~ no ubjecuon to &~ proposed devdopme~zr. Please tb~rd e copy of
st&~ssioa avfl des~ so that V~n Conneeffons may pt~p~e an ~lectfical dcsi~ and mx Offer to Se~ice.
FJectfic~ dra~n~ ~e teq~ed (3/6) monks p~or to decrdcal ~;~g date.
All of ~e above con~ons of se~ce ~e subject to Onto ~cx~ Bo~d (O~B) ~pproval.
Tecl-~cal Repr=~enmtive - Dave Bell
Telephone 42%9870 Ext. 3233
Form #EC0002
Rev. Data -july 20, 2004
Romanowski, Geoff
From: Geoff. Woods@cn.ca
Sent: March 18, 2005 12:53 PM
To: Romanowski, Geoff
Cc: Julius De Ruyter
Subject: Re: 1741 Fairport Road, Picketing
Geoff:
We continue to strongly recommend an increased building setback from the railway right-of-way,
as we feel it is in the public interest and good planning to provide appropriate increased buffering
from major rail freight corridors and to reduce the potential for future proximity conflicts. The City
and developer should only proceed with the subject proposed development layout with a setback
of only 21.9 m, with their explicit understanding and recognition of the concerns that CN has
expressed and that CN will not be responsible for any complaints or claims from future residents.
At a minimum, should the City and developer insist on proceeding with the proposed
development layout, the following will be required:
1 - An appropriate legal agreement between the property owner and CN, including provisions for
an environmental easement for operational noise and vibration emissions.
2 - The MOE noise criterion, including 55 dBA in the OLAs, must be met for all units.
3 - A minimum 3.4 m berm height must be provided along the entire property line. Any
alternatives, such as combination berms/armourstone, would need to be designed in
accordance with the alternative safety measures criteria previously provided, and CN would
need to be satisfied with the structural engineer's recommendations.
4 - Appropriate warning clauses a registered municipal development agreement and in all future
agreements of purchase and sale or lease for all units.
5 - Minimum 1.83 m chain link fencing provided along the mutual property line (located entirely on
the subject property).
With respect to implementation mechanisms, once I receive the City's acknowledgement and
confirmation of my comments as noted above, I will have a draft legal agreement prepared and
sent to Julius. There must be appropriate provisions included in the zoning by-law amendment
ensure that the requirements are secured prior to any development.
Regards,
Development Review Coordinator
CN Railway Properties
1 Administration Road
Concord ON L4K 1B9
Tel.: 905-760-5007, Fax: 905-760-5010
Janua~ 4,2005
To:
From:
Subject:
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
Geoff Romanowski
Planner I
Robert Starr
Supervisor, Development Control
Zoning Amendment Application A 15/04
R & D Investments Inc.
Lot 126, Plan 1051 (1741 Fairport Road)
City of Pickering
We have reviewed the above-noted application and provide the following comments:
1)
A stormwater management report will be required for this site. It must address
quality control, quantity control and downstream erosion control. Storm sewer
service connections will be required for each unit.
2)
The proposed private drive aisle must be 6.5 m in width and allow for two-way traffic.
The access onto Dunbarton Road is insufficient in width to provide a suitable
entrance or to provide a suitable traffic restriction to ensure one-way access.
Additional grading information would be required to determine whether it would even
be suitable for an emergency access and be able to stay within the property limits.
3) Grading and drainage for this site must be able to accommodate existing drainage
from the properties to the north and west.
4) Future maintenance of the berm and noise attenuation fence will need to be
addressed.
5) A development agreement may be required to address works external to the site and
for cost contribution to Fairport Road / Strouds Lane traffic signals.
6)
The City of Pickering's Fill & Topsoil Disturbance By-law prohibits soil disturbance,
removal or importation to the site unless a permit has been issued. A copy of that
By-law is attached and should be forwarded to the applicant.
Robert Starr
RS:bg
Attachment
Copy:
Coordinator, Development Approvals
Development Control Inspector
Fire Department
comments
Dated:
Further Comments
The Pickering Fire Service cannot support the applicant's
proposal for the 5.0 m Private Driveway (One Way) through
the south; side of the property for emergency vehicle
access. Therefore, is requesting that the roadway be
constructed to meet the requirements of Ontario Building
3,2.5.6. (Access Route Design) (1) (a) (b) (c) (d) (e) (g).
Additionally the Pickering Fire Service reserves the
opportunity to reserve further comment on this site until all
the site servicing (municipal/private water mains and
hydrant locations) is provided for further review.
November 29, 2004, Revision date: Tuesday, April 26, 2005
Geoff, based on our discussion of April 25, 2005 the writer
forwards the following for your consideration.
The Pickering Fire Service requires the applicant to provide
a drawing(s) bearing an engineers stamp indicating how the
requirements of Ontario Building Code 3.2.5.6. '(Access
Route Design) are provided. In the latest submissions the
applicant has increased the minimum roadway width to 6
meters, which is acceptable. However, there is no detail on
the latest revision for this site, therefore the Wdter has
attached the details from the building code as a reference
for the applicant. The next set of revisions should be
returned bearing engineers seal indicating how the
provisions of the code are met.
The roadway serving the site should have "tire route signs"
along the southern portion of the road in compliance with
existing "tire rout_e'~_~y-laws.
The Pickering Fire Service requests that an additional
hydrant be installed on south side of the site north of the
proposed 3.4 m berm, between units # 4 and # 5 having a
minimum flow of water not less than 500 imperial gallons
per minute.
Fire Department Rex Heath
Representative Fire Prevention Officer