HomeMy WebLinkAboutJune 16, 2005Statutory Public Information Meeting
Agenda
Pursuant to the Planning Act
Thursday, June 16, 2005
7:00 P.M.
Chair- Councillor Brenner
(I)
ZONING BY-LAW AMENDMENT APPLICATION A 14/05
JAPTER REALTY
1591 PICKERING PARKWAY
PART BLOCK AT PLAN M-1024, NOW PART 8 40R-8639
1-8
3.
4.
5.
Explanation of application, as outlined in Information Report #13-05 by Planning
Staff.
Comments from the applicant.
Comments from those having an interest in the application.
Response from applicant.
Staff response.
(11)
ZONING BY-LAW AMENDMENT APPLICATION A 11105
816 KINGSTON ROAD (PICKERING) LIMITED
823 & 827 SHEPPARD AVENUE
(PART OF LOT 27, RANGE 3~ B.F.C.)
9-13
Explanation of application, as outlined in Information Report #15-05 by Planning
Staff.
Comments from the applicant.
Comments from those having an interest in the application.
Response from applicant.
5. Staff response.
Statutory Public Information Meeting
Agenda
Pursuant to the Planning Act
Thursday, June 16, 2005
7:00 P.M.
Chair - Councillor Brenner
(III)
CITY INITIATED:
ZONING BY-LAW AMENDMENT APPLICATION A 15/05
TO RESTRICT INSTITUTIONAL USES ON LANDS ZONED
"RURAL AGRICULTURAL ZONE - A"
ZONING BY-LAWS 3036 AND 3037
14-35
Explanation of application, as outlined in Information Report #14-05 by Planning
Staff.
Comments from the applicant.
Comments from those having an interest in the application.
Response from applicant.
5. Staff response.
PICKERING
INFORMATION REPORT NO. 13-05
FOR PUBLIC INFORMATION MEETING OF
June 16th, 2005
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 14/05
Japter Realty
1691 Pickering Parkway
Part Block A Plan M1024, now Part 8 40R-8639
City of Pickering
1.0
PROPERTY LOCATION AND DESCRIPTION
the subject lands are located on the east side of Pickering Parkway west of
Brock Road;
a property location map is provided for reference (see Attachment #1);
the property is currently occupied with a mixed use building containing
commercial use on the ground floor and seven residential dwelling units on
the second floor;
the vast majority of the property not occupied by the building is paved for
parking purposes;
the site's topography is relatively flat;
the property appears to be utilizing a right-of-way across the property to the
east that provides a service access to the rear of the existing building;
parking is provided in front of the building and to the south of the building;
access to the site is provided by a driveway opposite the intersection of the
nodh leg of Geta Circle;
surrounding land uses are:
north - on the opposite side of Pickering Parkway is a townhouse
development;
south - streettownhouses and apartment building;
east - apartment building and to the east a fuel bar with drive-thru
restaurant;
west - on the opposite side of Pickering Parkway are townhouses;
0~'~ Information Report No. 13-05 Page 2
2.0
3.0
3.1
APPLICANT'S PROPOSAL
- Japter Realty have submitted an application to amend the zoning by-law in
order permit a wider range of commercial and personal service uses within
the existing building;
- the existing site plan is provided for reference (see Attachment #2);
- the property is subject to an existing site plan agreement with the City;
- the applicant does not propose any changes to the existing site;
- the existing permitted uses include dry cleaning depot, financial institution,
neighbourhood store, personal service shop, professional office, and service
and sales of products related to a party supply store as permitted by a
Committee of Adjustment decision P/CA 08/93;
- the applicant is requesting the follow uses as additional permitted uses: car
rental; business office; laundromat; fast food restaurant; baker; day care; and
an institution bible study without place of worship service;
the following chart outlines the existing site details:
Details of the Existing Site
Total area
Ground floor area
Building coverage
Parking area
Parking coverage
Landscape open area (including walkways)
Landscape open area coverage
Number of dwelling units
Gross leasable commercial floor area
Parking provided
Residential parking required (1.5 per unit)
Commercial parkin,,g required
(4 spaces per 93 m'of gross leasable floor area)
Total parking on site
-- 2713 square metres
-- 527 square metres
- 19.5 percent
-- 1365 square metres
-- 50.5 percent
-- 821 square metres
-- 30 percent
-- 7
- 487 square metres
- 32
-- 11
-- 21
32
OFFICIAL PLAN AND ZONING
Durham Reqional Official Plan
- designates the subject lands as Living Areas;
- areas designates as Living Areas are intended to be predominantly used for
housing purposes, and may include limited office, retail and personal service
uses;
- Pickering Parkway where it abuts the subject lands is designated as a Type C
Arterial Road;
- the proposal appears to conform to the Durham Region Official Plan;
Information Report No. 13-05
03
Page 3
3.2
3.3
4.0
4.1
4.2
Pickering Official Plan
- the Pickering Official Plan designates the subject lands as Urban Residential
Area - High Density Area;
- the subject property is within the Village East Neighbourhood of the Official
Plan;
- no development guidelines have been prepared for this area of the Village
East Neighbourhood;
- permissible uses within Urban Residential Area - High Density Area include
residential developments within a specific density range, as well as limited
office, retailing of goods and service uses;
- the Pickering Official Plan establishes a density range of over 80 and up to
and including 140 dwelling units per hectare for development within an Urban
Residential Area - High Density Area;
Schedule II of the Pickering Official Plan - Transportation System designates
Pickering Parkway where it abuts the subject site as a Type C Arterial Road;
Type C Arterial Roads are designed to accommodate lower volumes of traffic
at slower speed, compared to higher order arterial roads, and provide access
to properties;
- the subject application will be assessed against the policies and provisions of
the Pickering Official Plan during the further processing of the applications;
Zoning By-law 3036
- the subject lands are currently zoned "C10-R" by Zoning By-law 3036, as
amended by By-law 1896/84;
- the existing zoning permits dry cleaning depot, financial institution,
neighbourhood store, personal service shop, professional office and
residential dwelling units located on the second storey of the building subject
to certain performance standards;
- an amendment to the zoning by-law has been requested by the applicant in
order to permit additional commercial uses;
- the applicant has requested an appropriate zone that would permit the
proposed uses.
RESULTS OF CIRCULATION
Resident Comments
- no formal written resident comments have been received to date;
Agency Comments
- no formal agency comments have been received to date;
Information Report No. 13-05
Page 4
4.3
5.0
6.0
6.1
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 continues to be compatible with,
and sensitive to, surrounding land uses;
· ensuring the proposed uses are compatible with the surrounding lands;
· ensuring adequate parking is provided on the subject property in
appropriate locations;
· reviewing the proposed development to ensure that adequate information
is provided, that technical requirements are met and that the proposed site
design is appropriate;
- this Department will conclude its position on the draft plan design after it has
received and assessed comments from the circulated departments, agencies
and 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 either 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 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.
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
the report;
Information Report No. 13-05 Page 5 0;~
6.2
Information Received
full scale copies of the applicant's submitted plans are available for viewing at
the offices of the City of Pickering Planning & Development Department;
the need for additional information will be determined through the review and
circulation of the applicant's current proposal;
6.3
Company Principal
the owner of the subject lands is 1494350 Ontario Limited which carries on
business as Japter Realty;
Raymond Ata is the principle of 1494350 Ontario Limited (Japter Realty).
Ross Pym, MCIP, RI~
Principal Planner- Development Review
Lynda Taylor, MCIP, RI~P
Manager, Development Review
RP:Id
Attachments
Copy: Director, Planning & Development
APPENDIX NO. I TO
INFORMATION REPORT NO. 13-05
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date
COMMENTING AGENCIES
(1) none received to date
COMMENTING CITY DEPARTMENTS
(1) none received to date
, ,,.~r# [3.w 07
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Gitg of Picketing Planning & Development Department
PROF'ER'IY DESCRIPTION PART BLOCK A M-1024, P~FIT 8 40R-8630
OWNER 140350 ONTARIO LTD. DATE ~/~¥ 11, ~>005 DRAWN BY dB ~'~/'~
FILE No. A 014/05 SCALE 115000 CHECKED BY RP
2005 MPAC ond it, =ul3pllerw. All ri~htw Reae~ed. Not e plen of Survey. PN-9
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~:fT^CHUENT#,,, ~ TO
!MFOR~ATION ~# /3 -
INFORMATION COMPILED FROM APPLICANT'S
SUBMITTED SITE PLAN
A '!4/05
I-
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ILl
C:I
THIS MaP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN SECTION,
APRIL 19, 2005.
09
PICKERING
INFORMATION REPORT NO. 15-05
FOR PUBLIC INFORMATION MEETING OF
June 16, 2005
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 11/05
816 Kingston Road (Pickering) Limited
823 & 827 Sheppard Avenue
(Part of Lot 27, Range 3, B.F.C.)
City of Pickering
1.0
2.0
PROPERTY LOCATION AND DESCRIPTION
823 & 827 Sheppard Avenue are located on the south side of Sheppard
Avenue, west of Fairport Road, and east of Whites Road (see Attachment #1);
the properties are surrounded by an existing residential development to the
north and east, and vacant sites to the west and south;
a draft by-law has been prepared for the abutting vacant properties to the
west and south of the subject lands to allow for mixed use development
including commercial uses and townhomes;
detached dwellings currently exist on the subject properties.
APPLICANT'S PROPOSAL
the applicant proposes to amend the existing "R3" - Residential Detached
Dwelling zoning in order to permit the development of multi-dwelling
horizontal residential uses (freehold townhouses) on the subject properties
(see Attachment #2);
the dwelling unit design is to be similar to the proposed townhouses that are
proposed immediately to the west of the subject lands.
Information Report No. 15-05 Page 2
3.0
3.1
3.2
3.3
3.4
4.0
OFFICIAL PLAN AND ZONING
Durham Reqional Official Plan
identifies the property as being within the 'Living Area' designation;
'Living Areas' should be developed to incorporate the widest possible variety
of housing types, sizes and to provide living accommodations that address
various socio-economic factors;
- the proposal appears to conform to the Durham Region Official Plan;
Pickerinq Official Plan
- identifies the subject property as being designated 'Mixed Use Area - Mixed
Corridor' within the Woodlands Neighbourhood;
- this designation permits development at a larger scale and intensity to serve
the broader area;
- uses permitted include residential, retailing of goods and services, offices and
restaurants, community, cultural and recreational uses;
- residential development should be at a density over 30 and up to and
including 55 dwellings per net hectare (the proposed residential density is
approximately 50 units per net hectare);
Compendium Document (North East Quadrant)
The North East Quadrant Guidelines state the following should be achieved
through any development within the area:
new dwellings fronting Sheppard Avenue are to a maximum of two storeys in
height;
buildings along Sheppard Avenue should be close to the street edge with
front doors facing the street;
require new residential development to be
development;
Zoning By-law 3036 ("R3" - Detached Dwellings)
- the subject property is currently zoned "R3"
By-law 3036, as amended;
compatible with existing
- Detached Dwellings by
the existing zoning permits detached dwellings on lots with minimum lot areas
of 550 square metres and minimum lot frontages of 18.0 metres;
a zoning by-law amendment is required for the subject properties to permit
the development of townhouses.
RESULTS OF CIRCULATION
at the time of writing this report one resident has expressed concern
regarding this proposal. No comments or concerns have been received by
City departments or external circulation;
Information Report No. 15-05 Page 3 .~ j_
4.1
5.0
6.0
6,1
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, surrounding development;
· ensuring that the proposed townhouse elevations reflect the character and
design proposed for the future townhouse development on the abutting
property to the west;
· the opportunity to reconvey the previously acquired Sheppard Avenue
road widening to the subject properties;
· appropriate building setbacks, specifically minimum required side yards;
· traffic impacts on Sheppard Avenue due to increased number of
driveways and vehicles.
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 reserve the option to appeal Council's decision, you must
provide comments to the City before Council adopts any by-law for this
proposal;
if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
OTHER INFORMATION
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.
Carla Pierini
Planner II
CP:Id
Attachments
Lynda TaClor, MCIP, R
M. clP, .
Manager, Development Rewew
Copy: Director, Planning & Development
ATr~ #._L...,I~
INFORMATION REPORT#~
WOOD
AVENUE
EDGEWOOD
JACQUELINE
WELRUS STREET
COURT
SPRUCE
SHADYBROOK
E'S LANE
C.N.R.
SHEPPARD
AVENUE
City of Pickering
Planning & Development De ~artment
PROPERTY DESCRIPTION PART OF LOT 27, BROKEN FRONT CONCESSION, RANGE 3
OWNER J. & B: BAYES & T. & A. COSTAR I DATE
FILE No. A 11/05
MAY 16, 2005 DRAWN BY JB
SCALE 1:5000 CHECKED BY CP
PN-6
^TTAOHMENT #..~TO
~NI:ORI~TION EEPORT#~
INFORMATION COMPILED FROM APPLICANT'S
SUBMITTED SITE PLAN
A 11105
SHEPPARD AVENUE
E
48.8m
~ B3
In
THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND
DEVELOPMENT DEPARTMENT. PLANN lNG INFORMATION SERVICES
DIVISION MAPPING AND DESIGN SECTION,
MAY 16, 2005.
14
PICKERING
INFORMATION REPORT NO. 14-05
FOR PUBLIC INFORMATION MEETING OF
June 16, 2005
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT:
City Initiated:
Zoning By-law Amendment Application A 15/05
To Restrict Institutional Uses on lands Zoned
"Rural Agricultural Zone - A" in Zoning By-laws 3036 and 3037
City of Pickering
1.0 BACKGROUND
currently, churches, educational institutions, hospitals and other institutional
uses are permitted on lands with agricultural zoning. Building permits can be
obtained for uses permitted by the zoning, following site plan review;
the provisions of the zoning by-laws that permit institutional uses on
agricultural zoned lands may not conform with the City of Pickering or Region
of Durham Official Plans;
City of Pickering agricultural zoning has not been amended to conform to the
1997 City of Pickering Official Plan due to delays in undertaking a
comprehensive revision of City zoning by-laws;
lands in the rural area that are zoned agricultural by By-laws 3036 and 3037
could be developed for large-scale institutions that could negatively impact
neighbouring agricultural or rural settlement lands;
lands in the urban area that are zoned agricultural under By-law 3036
comprise large parcels, mainly along Brock Road in the Brock Ridge and
Duffins Heights Neighbourhoods, and scattered parcels north of Highway 401.
Development of these parcels for large-scale institutional uses could
prejudice the implementation of Council-adopted Development Guidelines for
efficient road access and servicing options in newly urbanizing areas and may
not be compatible with neighbouring uses throughout urban Pickering;
staff had received a number of inquiries about possible location of large-scale
institutional uses on agricultural zoned lands in rural and urban areas;
staff discussed these concerns with Council at a Management Board meeting
with the conclusion that action was warranted;
Information Report No. 14-05
Page 2
1.1
1.2
2.0
Interim Control By-law
on October 18, 2004, Council adopted Interim Control By-law 6385/04 to
restrict institutional uses, for a one-year period, on those lands zoned "Rural
Agricultural Zone - A" in By-laws 3036 and 3037;
the lands included large parts of Duffins Heights and Brock Ridge
Neighbourhoods and other scattered parcels in the urban area of Pickering
north of Highway 401 and those parts of the rural area not otherwise
restricted from this type of development by Provincial Zoning Orders or
ownership by either the Federal or Provincial Governments; (see Attachment
#1 - By-law 6385/04);
Land Use Policy Study
- on October 18, 2004, Council passed Resolution #130/04 to direct staff to
review land use planning policies to evaluate the appropriateness of
institutional uses of all lands zoned "Rural Agricultural Zone - A" in By-laws
3036 and 3037 in the City (see Attachment #2 - Resolution # 130/04);
the workplan included study of:
· conformity of current zoning with the City and Regional official plan
policies in the rural and urban areas;
· policies of surrounding municipalities on this matter;
· appropriate development standards for institutional uses suitable on
lands zoned "Rural Agricultural Zone - A", if necessary; and,
· appropriate zoning for existing institutional uses with "Rural Agricultural
Zone - A" zoning as exceptions to any new policy;
- the workplan also suggested that, once the study was complete, a notice be
circulated for a Statutory Public Meeting to review the study findings and any
proposed amendments;
- the Public Meeting should be held before the summer of 2005 so that
recommended amendments can be enacted by Council to come into force by
October 18, 2005.
CITY'S PROPOSAL
the City now proposes to implement the findings of the land use planning
policy study by amending Zoning By-laws 3036 and 3037 to:
· remove institutional uses as permitted uses on lands Zoned "Rural
Agricultural Zone - A" by Zoning By-laws 3036 and 3037; and,
· recognize existing institutional uses on lands zoned "Rural Agricultural
Zone - A" as legal conforming uses.
Page 3
Information Report No. 14-05
3.0
3.1
3.2
3.3
CURRENT ZONING PROVISIONS
Zonin.q By-law 3036
"Institutional" uses permitted in the "Rural Agricultural Zone - A" include
churches, church halls, public and private schools, public or institutional
buildings, public and private hospitals and cemeteries;
By-law 3036 is the parent by-law for lands located; 1) between Highway 401
and the CPR railway tracks in the South Urban Area; and, 2) between the
CPR tracks and Concession 3 within the Seaton Area east of West Duffins
Creek and within the rural lands west of West Duffins Creek (see Attachment #5
& #6;
the following existing institutional uses, shown on Attachments #5 and #6, are
located on lands zoned "Rural Agricultural Zone - A" by By-law 3036: · Pickering Islamic Centre, 2065 Brock Road;
· White & Erskine Cemetery, 902 Finch Avenue;
· Woodruffs Cemetery, 2265 Brock Road;
· Post Cemetery, south-west corner Brock Road and Kingston Road; and,
· Erskine Cemetery, 886-888 Finch Avenue;
Zoninq By-law 3037
- "Institutional" uses permitted in the "Rural Agricultural Zone - A" include
churches, public and private schools, educational and religious institutions,
research laboratories under the jurisdiction of a university or government
authority, public and private hospitals, sanitaria and clinics;
- By-law 3037 is the parent by-law for the rural lands north of the lands
governed by By-law 3036. By-law 3037 lands encompass the northerly parts
of the Seaton lands and the lands west of West Duffins Creek, the Federal
lands, Oak Ridges Moraine lands and the rural lands located between the
Federal lands and the Whitby border, north of Ajax (see Attachments #5 & #6);
- the following existing institutional uses, also shown on Attachments #5 & #6,
are located on lands zoned "Rural Agricultural Zone - A" by By-law 3037;
· Mount Zion Church, 300 Eighth Concession Road;
· Altona Mennonite Cemetery and Church, 5475 Sideline 30; and,
· Hindu Cultural Centre, 2590 Brock Road;
Provincial Zoninq Orders
Minister's Zoning Orders (MZO's) Number 1 and Number 2 (O Reg. 102/72
and O Reg. 19/74) do not permit institutional uses on an 'as-of-right' basis on
the parts of the rural area east of the federal lands and two smaller areas to
the south-east and south-west;
Page 4 ~ '(
Information Report No. 14-05
4.0
4.1
4.2
4.2.1
4.2.1.1
although municipal by-laws permit a broader range of uses and impose less
restrictive standards than the MZO provisions, the more restrictive provisions
of the MZO's over-rule municipal zoning;
the MZO's would not prevent the City from amending its by-laws to remove
permitted institutional uses.
STUDY FINDINGS
Policies for Institutional Uses on A.qriculturally Zoned Land in Nei.qhbourin.q
Municipalities
Policies of surrounding municipalities* were reviewed to determine whether each
of their respective agricultural zoning permits institutional uses, with the following
findings:
none of the canvassed municipalities permit institutional uses in their
agricultural zoning on an 'as-of-right' basis;
Ajax and Markham each permit several rural institutions by site-specific
zoning;
Whitby requires institutional zoning; and,
Uxbridge requires a 'community facility' zoning category;
the Towns of Ajax, Whitby, Markham and Whitchurch-Stouffville, the City of
Oshawa and the Township of Uxbridge.
Conformity of Current Zoninq (for Institutional Uses) with Official Plans
and Provincial Le.qislation
Rural Areas
Conformity with the Durham Regional Official Plan (DROP)
- the DROP contains the following land use designations applicable in
Pickering's rural areas (see Attachment #7 - Map 3: Durham Region
Official Plan Designations in Pickering Rural Area):
· Countryside, in the Oak Ridges Moraine;
· Permanent Agricultural Reserve;
· Major Open Space;
· Federal Airport Lands and Federal Airport Special Study Area; and,
· Hamlet and Country Residential Subdivision designations;
- institutional uses are not permitted in the Permanent Agricultural Reserve
designation, the Federal Airport Lands or the Federal Airport Special
Study Area lands;
Information Report No. 14-05
Page 5
- institutional uses are permitted on lands that were designated Countryside
by the 2004 Regional Official Plan amendment that implements the
Provincial Oak Ridges Moraine Plan;
- institutional uses are permitted on lands designated Major Open Space, or
Hamlets and Country Residential Subdivisions;
- the DROP provides that local municipal official plans can be more
restrictive than Regional policies;
Zoning Changes to Achieve Conformity
in order to bring Pickering's agricultural zoning into conformity with the
policies of the DROP, institutional uses should be removed as permitted
uses from Pickering's agricultural zoning on lands designated Permanent
Agricultural Reserve, Federal Airport Lands and Federal Airport Special
Study Area lands by the DROP. In addition, institutional uses could also
be removed from agricultural zoning on lands with Major Open Space, or
Hamlet and Country Residential Subdivision designations;
existing institutional uses should be permitted as exceptions.
4.2.1.2 Conformity with City of Pickering Official Plan (POP)
- the POP includes the following land use designations that apply in the rural
area (see Attachment #8 - Map 4: Pickering Official Plan Designations in
the Rural Area):
· Agricultural Areas;
· Seaton Urban Study Area;
· Major Open Space - Natural Areas & Active Recreational Areas;
· Rural Settlements: Country Residential, Rural Clusters & Rural
Hamlets designations;
institutional uses are not permitted in Agricultural Areas, Seaton Urban
Study Area, Major Open Space: Natural Areas and Rural Settlements:
Country Residential designations;
- institutional uses are permitted only in Major Open Space: Active
Recreational, Rural Settlements: Rural Hamlet and, for existing
institutional uses, only in Rural Settlements: Rural Cluster designations;
- in addition, the City is currently processing Official Plan amendments to
implement the Growth Management Study and to implement Oak Ridges
Moraine legislation. Neither of these initiatives will be impacted by this
process to restrict new institutional uses on lands zoned "Rural
Agricultural Zone - A";
Information Report No. 14-05
Page 6
Zoning Changes To Achieve Conformity
in order to bring agricultural zoning into conformity with the POP,
institutional uses should be removed as permitted uses from Pickering's
agricultural zoning on lands designated Agricultural Areas, Seaton Urban
Study Area, Major Open Space: Natural Areas and Rural Settlements:
Country Residential. In addition, institutional uses could be removed from
lands designated Major Open Space: Active Recreational Areas, Rural
Settlements: Rural Hamlet and Rural Settlements: Rural Cluster
designations;
Major Open Space
- all four sites with the designation Major Open Space: Active Recreational
are used for golf courses and contain no institutional uses;
Rural Hamlets
although a number of small-scale institutional uses are located on Rural
Settlements: Rural Hamlet designations, their redevelopment as
large-scale institutions or the addition of new large-scale institutions on
other hamlet sites could potentially have significant negative impacts on
existing hamlet residential uses;
institutional uses should be removed on an 'as-of-right' basis from lands
zoned "Rural Agricultural Zone - A" on lands designated Rural
Settlements: Rural Hamlet;
a proponent of an institutional use will retain the right to apply for zoning
approval for a specific institution and the City will then have the ability to
evaluate the individual merits of such proposals on existing hamlet
residents;
Rural Clusters
since there are no existing institutional uses on lands designated Rural
Settlements: Rural Cluster, removal of as-of-right zoning for institutional
uses will not impact existing uses but will permit decisions to be made on
specific proposals following consideration of their individual merits;
Recommendation
it is recommended that institutional uses be removed as permitted uses
from lands zoned "Rural Agricultural Zone - A" in all of the lands subject to
Zoning By-law 3037 and in those rural lands subject to Zoning By-law 3036
that are located north of the CPR tracks, except for existing institutional
uses.
Information Report No. 14-05
Page 7
4.2.1.3
4.2.2
4.2.2.1
4.2.2.2
Provincial Greenbelt Act and Greenbelt Plan
although the Greenbelt Plan permits institutional uses on lands designated
Rural Areas and Hamlets by the Greenbelt Plan if such use is permitted by
municipal official plans, the Greenbelt Plan does not limit municipal
policies that are more stringent than the Greenbelt Plan;
Urban Areas
Conformity with Durham Regional Official Plan
- all of the DROP land use designations that govern land use in the urban
areas of Pickering permit institutional uses;
Conformity with Pickering Official Plan
the POP also includes a number of land use designations for urban areas
that all permit institutional uses, in addition to a broad range of other urban
uses;
through site specific rezoning requirements uses and development
standards are designed to ensure that orderly development occurs that is
compatible with neighbouring land uses and respects good urban design;
retention of agricultural zoning on the edges of urbanized areas has
served the purpose well of permitting continuation of the rural uses until
urban development is properly conceived and has not prejudiced the
achievement of suitable urban development, until now;
the existence of agricultural zoning that permits large-scale urban
institutional development on an 'as-of-right' basis could prevent the City
from achieving well-considered principles of orderly urban development for
its urbanizing neighbourhoods;
Conformity With Official Plan Neiqhbourhood Policies and Development
Guidelines:
Brock Ridge Nei.qhbourhood
Location
Brock Ridge Neighbourhood comprises the lands north and east of West
Duffins Creek, south of the Hydro Right-of-way (near Third Concession)
and west of the Ajax boundary, north of Finch Avenue (see Attachment #3 -
Duffins Precinct Tertiary Plan);
Information Report No. 14-05 Page 8 ~ -.
Policies
- the Neighbourhood policy identifies the area east of Brock Road and south
of Ganatsekiagon Creek as a Detailed Review Area for which
development guidelines were required in order to achieve community
design objectives and encourage increased intensity of development.
lands within this area are designated mainly as Urban Residential Areas:
Medium Density Areas with a portion in the middle as Mixed Use Areas:
Community Node;
Official Plan policies for Brock Ridge Neighbourhood identify the Duffins
Precinct as a Detailed Review Area for which development guidelines are
required prior to permitting major development within the area which will
include determination of appropriate intersection and entranceways onto
Brock Road;
- a key element shown on Map 23 of the Official Plan is a proposed new
road east of Brock Road;
Development Guideline Objectives
in August 1997, Council adopted the Duffins Precinct Development
Guidelines for the area;
the Development Guidelines include a Tertiary Plan that identifies a
framework for a medium density residential community structured around
a proposed road to the east of Brock Road;
Impact of Existin.q Zonin.q
the current "Rural Agriculture Zone - A" zoning permits institutional uses
on an 'as-of-right' basis, which impacts the ability of the City to implement
the Neighbourhood Policies and the Duffins Precinct Development
Guidelines;
with such uses permitted on an 'as-of-right' basis, landowners could obtain
building permits for single uses on one or more properties without a
requirement that the road be provided. Since centre medians may be
installed on Brock Road to control left turn movements, inefficient traffic
movements would result for users of these properties, if developed on an
individual basis rather than through the comprehensive block and road
pattern in the Duffins Precinct Development Guidelines;
Recommendation
it is recommended that institutional uses be removed as permitted uses on
an 'as-of-right' basis on lands zoned "Rural Agricultural Zone - A". Owners
would continue to have the ability to apply for individual rezonings to which
the City could respond appropriately and achieve implementation of
orderly and comprehensive development for this area by reviewing
applications to achieve the Development Guidelines;
Information Report No. 14-05 Page 9
Duffin Heights Neiqhbourhood
a similar situation exists in Duffin Heights Neighbourhood as in the Brock
Ridge Neighbourhood;
in 2003, the Region of Durham approved the City of Pickering Official Plan
Amendment for urban uses in the Duffin Heights Neighbourhood and City
Council's Duffin Heights Neighbourhood Development Guidelines came
into force at the same time;
the Duffin Heights Development Guidelines include a Tertiary Plan that
identifies a modified grid pattern of roads to achieve orderly and efficient
development (see Attachment #4);
as in the Duffins Precinct of the Brock Ridge Neighbourhood, current
zoning would permit the establishment of large-scale institutional uses on
large land parcels that would prevent achievement of the pattern of roads
identified on the Tertiary Plan;
for the same reasons as in the Duffins Precinct of Brock Ridge
Neighbourhood, institutional uses should be removed as permitted uses
on an as-of-right basis from any "Rural Agricultural Zone - A" in the
Neighbourhood;
Scattered Parcels With Aqricultural Zoninq in Other Urban Neiqhbourhoods
- other lands that still have agricultural zoning are located mainly along the
northern edge of the urban area, close to the CPR tracks, in Rouge Park
Neighbourhood, Altona Forest area, and a few other small scattered sites
mainly between Sheppard and Finch (see Attachment #1);
the Civic Centre, park and Recreation Complex lands also have "Rural
Agricultural Zone - A" zoning;
- as urban development along the northern edge of Pickering's South Urban
Area continues, the area with agricultural zoning continues to shrink. The
new urban development in such areas is mainly Iow density residential
with carefully designed development standards that ensure compatibility
with surrounding uses. Such compatibility could be impacted if abutting
agricultural lands were developed for large-scale institutional uses;
Zoning changes to achieve conformity:
any development that may be proposed for the undeveloped parcels
should be carefully planned to be compatible with existing urban uses.
Retention of institutional uses on an 'as-of-right' basis maintains a
continuing risk of large-scale institutional development with possible
negative impacts on surrounding land uses;
it is recommended that institutional uses be removed from the "Rural
Agricultural Zone - A" as permitted uses in the urban lands of By-law
3036;
Information Report No. 14-05
Page 10
4.4
4.5
5.0
6.0
6.1
Continued Agricultural Zoning On Urban Lands
it is recommended that remaining "Rural Agricultural Zone - A" lands in the
urban area be reviewed as part of the comprehensive zoning by-law review to
remove other risks of zoning that may be incompatible with urban
development;
Zoning For Existing Institutions on Lands Zoned "Rural Agricultural Zone - A"
- it is recommended that existing institutional uses continue to be permitted as
exceptions to the amended "Rural Agricultural Zone - A" zone category.
SUMMARY OF RECOMMENDATIONS
It is recommended that:
1. Institutional uses be removed as permitted uses on lands Zoned "Rural
Agricultural Zone - A" by Zoning By-laws 3036 and 3037.
2. Existing institutional uses on lands zoned "Rural Agricultural Zone - A"
continue to be permitted as legal conforming uses.
The remaining "Rural Agricultural Zone - A" lands in the urban area be
reviewed as pad of the comprehensive zoning by-law review to remove other
risks of zoning that may be incompatible with urban development.
4. As part of a future work program, evaluate parking standards for places of
religious assembly for inclusion in future by-laws.
PROCEDURAL INFORMATION
General
written comments regarding this proposal should be directed to the
Planning & Development Department;
oral comments may be made at the Public Information Meeting;
all comments received will be noted and used as input in a Planning Report
prepared by the Planning & Development Department for a subsequent
meeting of Council or a Committee of Council;
if you wish to reserve the option to appeal the decision on this Amendment,
you must provide comments to the City before Council adopts any by-law for
this proposal;
,". ~ Information Report No. 14-05
Page 11
7.0 OTHER INFORMATION
7.1 Attachments
2.
3.
4.
5.
6.
7.
8.
Interim Control By-law 6385/04
Council Resolution #130/04
Duffins Precinct Tertiary Plan
Tertiary Plan - Duffin Heights Neighbourhood
Map 1: Lands Subject to By-laws 3036 and 3037
Map 2: Rural and Urban Areas Subject to Zoning By-laws 3036 and 3037
Map 3: Durham Region Official Plan Designations in Pickering Rural Areas
Map 4: Pickering Official Plan Designations in Rural Areas
Steve Gaunt, MCIP, RPP
Senior Planner
Manager, Development Review
SG:jf
Attachments
Copy: Director, Planning & Development
THE CORPORATION OF THE C!TM OF pICKERING
BY-LAW NO. 6385/04
Being an "Interim Control By-law" passed pursuant to Section 38(1) of
the Planning Act, R,S.O. 1990, as amendedl for lands in the City of
Pickering
WHEREAS the Council of The Co~por. ation of the City of~Pickering, pursuant to Section
38(1) of the Planning Act, R.S.O. 1990, as amended, :has passed Resolution 130/04,
directing that a review or study be undertaken in respect of land use planning policies
for Institutional Uses in Agricultural Zones for various lands in the City o[.Pickering;
AND WHEREAs Section 38(1) of the Planning: Act, R.S.O. 1:990, as amended,
authorizes the Council of a local municipality to Pass an "Interim ConEol By-law" to
prohibit the use of land, buildings or structures Within the municipality ,or within any
defined area or areas thereof for, or except for, such purposes as are set out in the
By-Law;
AND WHEREAS the Council of The Corporation of the City of PickeHng deems it
appropriate to pass an "Interim Control By-law" for those lands designated Interim
Control Area on Schedule I attaChed hereto;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERJNG HEREBY ENACTS AS FOLLOWS:
SCHEDULE I
Schedules I & II attached to this By-law, with notations and refe[ences shown
thereon, is hereby declared to be part of this By-law.
o
AREA RESTRICTED
The provisions of this By-law shall apply to those lands zoned 'A - Rural
Agricultural Zone' and designated "Interim Control Area' on SChedules I & II
attached hereto.
GENERAL PROVISIONS
No building, land or part ther. eof shall hereafter be used, occupied, erected,
moved or structurally altered except in COnformity with the prov. iSiens and / or
requirements of this By-law.
DEFINITIONS
In this By-law:
(1) "Interim Control By-law" shall mean a by-law as defined in Section 38(1)
of the Planning Act, R.S.O. 1990, as amended;
(2) ~lnterim Control Area" shall mean those lands crosshatched on Schedule I
attached hereto; and,
PRO)/ISIONS
(1) . Uses Permitted ("Interim Control Area")
-2-
(a) existing lawful uses;
(b) minor additions to existing lawful uses;
(c) for lands Subject to Zoning By-law 3036:
(i) agricultural uses as set out in Section 7.1.2;
(ii) accessory agricultural residentialuses as set out in Section 7.1.2.1;
(iii) recreational uses as set oUt in Section 7.1.3; and,
(iv) business uses as set out in Section 7:1.4.2 in Zoning By4aw 3036;
and,
(d)
for lands subject to Zoning 'By-law 3037:
(i) residential uses as set out in Section'6.].1;
(ii) home occupation uses as set out in Section 6.1.1.1;
(iii) agricultural uses as set outiin Section 6.1.2;
(iv) accessory agricultural resider~tial, uses as set out in Section 6.1.2.1;
(v) recreational uses as set out in Section 6.1.3; and,
(vi) business uses as set out in S'ectien 6.1.4.2 of Zonin§ By-law 3037.
Codtrol Area )
(2) Zone Requirements ("Interim ' "
No person shall, Within the "Interim Control Area" identified o[~ Schedules I & Il
attached hereto, use any lot or erect, alter or use. any building .or structure
unless it complies with the zone requirements for "Rural Ag¢¢ultUral Zone A"
.set 'out in Sections 7.2, 7.3 and 7.4 .in Zoning By-law 3036 er Sections 6.2
and 6.3 of Zoning By-law 3037 respectively unless Such uses .legally existed
on the day prior to the date of the. passing Of this by-law.
BY-LAW APPLICABILITY
Definitions and subject matters not specifically dealt with in this I~terim Control
By-law shall be governed by relevant provisions of Zoning By-law 3036 as
amended, and Zoning By-law 3037 as amended.
7. EFFECTIVE DATE
This By-law shall take effect from the day o~ passing hereof and shall remain in
effect for one (1) year from the date of passing hereof, unless' repealed or
extended in adCordance with the Provisions of the Planning Act, R.S.O. 1.990, as
amended.
BY-LAW read a first, second, and third time and finally passed this.
October ,2004.
18 day of
Bruce Tay or C e
~<¥PV -I0 N~O/
O±N O~lO.l..-I0
INTERIM CONTROL AREA
SCHEDULE TI TO BY-LAW 6385/04
PASSED THIS_ 18
DAY OF October 2004
CORPORATE SERVICES DEPARTMENT
CLERK'S DIVISION ~ E
MEMORANDUM
October t9, 2004
TO: Nell Carroll, Director, Planning & Development
0 CT 2 0 2004
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
FROM:
Bruce Taylor, City Clerk
SUBJECT: Referrals from the Council Meeting of October 18, 2004
Please be advised that the Council of the City of Pickering passed Resolution #130104, at the
Council Meeting of October 18, 2004, as follows:
That staff be directed to undertake a review of the land use planning policies to
evaluate the appropriateness of institutional uses for all lands zoned "A - Rural
Agricultural" in By-laws 3036 and 3037 in the City, including lands identified on
Schedules I and !1 in the proposed Interim Control By-law with respect to zoning
conformity with the current official plan designations, and uses to be permitted in the
zoning by-laws.
Taylor
BT:dw
Copy: T.J. Quinn, Chief Administrative Officer
E. Buntsma, (Acting) Chief Administrative Officer
ATTACHMENT #3 TO
INFORMATION REPORT # 14-05
ST.
LLE AVE.
MAJOR OAK RD.
FROM THIS POIN~
NOTE'
,NOI~i-~, 'filE TOP OF BA
HAS BEEN ESTIMATED
L.
4 SCHOOL
4
LEGEND
'OP OF BANK
MAJOR SPINK ESA
BOUNDARY
FORESTED AREA
REGIONAL FLOOD LINE
DEVELOPMENT
AREAS
i POTENTIAL STORM WATER
MANAGEMENT POND
I SIGNIFICANT VISTAS
I BUILDING FOCAL POINT
FIGURE A - DUFFINS PRECINCT TERTIARY PLAN
100 80 60 40 20 0 100 200 .~00 400 ME-TEES
ATTAt:~IMENT# Z/TO
~ ISHPI INPI I- ........ ' :': r/- k.
Lk(¢ ......... "-.
II ~ * .
Ci~ of Pickering Planning & Development Depa~ment
TERTIARY P~N - DUFFIN HEIGHTS NEIGHBOURHOOD
m ~ID~INE B~ND~Y ~ ~ID~ ~SMP~ F~ ~A~R
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Ci~ of Picketing Planning & Development Depa~ment
MAP 1: ~NDS SUB~EOT TO DATE: MAY 30, 2005
ZONING BY-~WS 3036 & 3037
~TTACHMENT # ~.~_._?0
INFORMATION REPORT# / ~'- 0.~"
33
IIURAL ARE~
~ ~v~ ~ SEATON BAN STUDY AR~A
ZONED "RURAL AGRICULTURAL ZONE-A"
~A, ~ ~ CHURCHES AND CEMETERIES
sduTH I RBAt ARE~[ / ~
Gitg of ~ickorin~ ~lannin~ & Dovolopmont Dopa~mont
MAP 2: RURAL AND URBAN AREAS SUBJECT TO DATE: MAY 30, 2005
g
Z
o
,~,TTACHMENT# ~ TO
~NFORMATION
4:
OPEN SPACE SYSTEM
URBAN
FREEWAYS &,.ND MAJOR UTILITIES
OTHER DESIGNATIONS
IIII ..... ' '