HomeMy WebLinkAboutPD 06-08
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REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 06-08
Date: February 4, 2008
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 11/06
Richard Gosling
425 Whitevale Road, Hamlet of Whitevale
(Part of Lot 24, Lots 25 to 27, Plan 21)
(Parts 5 and 6, 40R-1139)
City of Pickering
Recommendation:
1. That Zoning By-law Amendment Application A 11/06 submitted by Richard Gosling,
on lands being Part of Lot 24, Lots 25 to 27, Plan 21, City of Pickering, to amend
the zoning to permit a bed & breakfast establishment, day spa and restaurant as
additional uses on the lands being Part of Lot 24, Lots 25 to 27, Plan 21, City of
Pickering, be approved, and;
2. Further, that the zoning by-law to implement Zoning By-law Amendment
Application A 11/06, and to remove the "(H)" Holding Symbol preceding the
existing "HMC9" zone designation, as set out in Appendix II to Report PO 06-08,
be forwarded to City Council for enactment.
Executive Summary: The owner proposes to amend the current zoning on the
subject property to permit a bed & breakfast establishment, day spa and restaurant as
additional uses. The owner intends to restore the existing vacant mill building on-site to
accommodate the proposed uses while maintaining the historic character of the Hamlet
of Whitevale. The proposal is considered compatible with the Hamlet, proposes
acceptable redevelopment and reuse of the existing structure, and conforms to the
policies of the Official Plan.
To ensure the scale of the proposed commercial uses remain appropriate for a Hamlet
setting, floor area restrictions, appropriate parking ratios and specific definitions are
included in the draft implementing zoning by-law. The existing "(H)" - Holding Provision
in the zoning by-law is no longer required as appropriate processes are in place to
ensure that all outstanding technical requirements and interests of the City and
Regional Health Department will be appropriately addressed through the associated site
plan process. Staff are satisfied that the goals, objectives and design guidelines of the
Whitevale Heritage Conservation District Plan can be implemented through the site
plan, building permit and Heritage permit processes.
Report PO 06-08
Date: February 4, 2008
Subject: Richard Gosling (A 11/06)
Page 2
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It is recommended that the application be approved and that the draft amending by-law
be forwarded to Council for enactment.
Financial Implications: No direct costs to the City are anticipated as a result of the
approval of the zoning by-law for the proposed uses.
Sustainability Implications: This development proposal is an infill project that
makes efficient use of a vacant building. The proposal adds to the variety of
commercial opportunities in the Hamlet of Whitevale and is within walking distance of
homes in the Hamlet. The proposal represents a sustainable approach for the
development of the subject lands.
1.0 Introduction and Background
The subject property is located at the southwest corner of Whitevale Road and
Factory Street within the Hamlet of Whitevale (see Location Map, Attachment #1).
The original zoning on the lands permitted a mill, granary and fertilizer
establishment, as the existing building on the property was once used as a feed
mill. The building has been vacant for numerous years. The owner submitted a
previous Zoning By-law Amendment Application in 2000, which was approved by
Council, to permit retail uses and one dwelling unit within the existing mill
building, and to permit the operation of a small engine repair service from the
existing garage in the rear yard.
The owner now proposes to further amend the zoning of the property to permit a
wider variety of commercial uses including a bed & breakfast establishment, day
spa and restaurant. The owner intends to restore the building to accommodate
the proposed uses, while maintaining the character of the Hamlet (see Conceptual
Site Plan, Attachment #2).
2.0 Comments Received
2.1 At the July 23, 2007 Public Information Meeting
Three area residents appeared at the Public Information Meeting to voice their
support for the application. One resident raised questions related to the
proposed restaurant use and parking (see text of Information Report and Meeting
Minutes, Attachments #3 & #4).
2.2 Written Public Submissions on the application
One written submission has been received from an area resident. The concerns
identified in the correspondence related to: loss of heritage, compatibility of the
proposed uses with the Hamlet, parking, grading, and signage (see Attachment #5).
The owner provided a list of signatures from residents in the area who support
the application (see Attachment #6).
Report PO 06-08
Subject: Richard Gosling (A 11/06)
?6
2.3 Agency Comments
Toronto and Region
Conservation Authority
Region of Durham
2.4 City Departments
Development Control
Fire Services
Date: February 4, 2008
Page 3
- property is partially within the Regional Floodplain
of the West Duffins Creek;
- initial comments provided required changes to the
preliminary grading plan to reduce the amount of
grading and filling;
- the owner has worked with TRCA staff to minimize
the amount of filling and grading required within the
floodplain to accommodate the proposed parking;
- no objection to the proposed uses (see Attachments
#7 and #8);
the proposal is permitted by the policies of the
Durham Region Official Plan;
- there are no matters of Provincial interest
applicable to this application;
- additional information regarding the private well
and private waste disposal systems to service
the subject property will be required for review
and approval by the Health Department (see
Attachment #9);
- no objection to the proposed uses;
- construction management / erosion sediment
control, tree preservation, pedestrian access, and
utility relocation will be further addressed through
the site plan process and associated agreement(s);
- a preliminary grading plan was required to address
concerns regarding the grading of the parking area
on the west side of the property;
- a preliminary grading plan has been provided and
is consistent with normal parking practises;
- additional details will be required as part of the site
plan application (see Attachments #10 and #11);
- as the existing building has been used as a mill,
granary and fertilizer distribution centre, it is
recommended that the owner obtain the services of
a qualified health official/environmental engineer to
ensure that there are no remaining residues or
toxins within the building that may lead to unwanted
health problems for any persons who frequent or
live within the building (see Attachment #12);
Report PD 06-08
Date: February 4, 2008
Subject: Richard Gosling (A 11/06)
Page 4
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Building Services
- the Chief Building Official was forwarded the Phase
I Environmental Site Assessment completed for the
property in 1994, and advised that the
environmental conditions identified on the property
can be addressed at the site plan and building
permit stages and would not preclude the
development of the site (see Attachment #13).
No other agency or City department that provided comment has objection to the
application.
3.0 Discussion
3.1 The proposed restaurant, day spa and bed & breakfast establishment are
considered appropriate uses and comply with the rural settlement policies
of the City's Official Plan
The property is designated Rural Settlements - Rural Hamlets and Hamlet
Commercial within the Whitevale Settlement Area. The policies for the Whitevale
Settlement Area encourage opportunities for enhancing the historic village of
Whitevale through the introduction of arts and craft studios, custom workshops
and small-scale commercial enterprises on suitable sites provided the historic
character of the village and the interests of the neighbouring residents are
respected. The policies of the Pickering Official Plan also encourage a vibrant
rural economy with a wide range of rural uses and activities.
The introduction of a wider variety of commercial uses on the property is
considered an appropriate use of land and meets the objectives of the Pickering
Official Plan for the rural area. This proposal demonstrates an adaptive re-use of
existing building stock in the Hamlet, introduces commercial enterprises to serve
the residents of Whitevale and the surrounding area, and will support tourism in
the Hamlet.
3.2 The owner intends to redevelop the site in accordance with the goals and
objectives of the Heritage Conservation District Plan
The existing building on the property is not identified as having any particular
heritage attributes in the Whitevale Heritage Conservation District Plan as the
original brick mill building was destroyed by fire in 1961. However, due to the
property's location within the core of the Hamlet, the building is a well-known
landmark in the community and contributes to the streetscape and character of
Whitevale since it has stood virtually unchanged for over 40 years. Staff have
reviewed this application in the context of the goals, objectives and design
guidelines of the Whitevale Heritage Conservation District Plan and are satisfied
that the intentions for the site are in accordance with this Plan.
Report PO 06-08
Date: February 4, 2008
Subject: Richard Gosling (A 11/06)
Page 5
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The owner previously consulted with Heritage Pickering regarding the
redevelopment of the site, and will be required to obtain a Heritage Permit for any
alterations to the building or site. The submission and approval of a site plan
application will also be required to address site-specific issues such as
landscaping, parking, building and fire code concerns, and aesthetics.
3.3 Minor filling within the floodplain to accommodate on-site parking is
acceptable to the Conservation Authority
The site is immediately adjacent to the West Duffins Creek and lies entirely within
the Toronto and Region Conservation Authority's (TRCA) Fill Regulation Area.
Initial comments provided by TRCA staff on this application requested further
details regarding any proposed grading and filling necessary to accommodate
on-site parking. The owner has spent a significant amount of time working with
TRCA staff to develop a grading plan which minimizes the amount of filling and
grading within the floodplain. TRCA staff have recently provided favourable
comments on the grading plan and have indicated they have no objection to the
proposed additional uses.
The owner will be required to satisfy any additional requirements of the TRCA
and obtain a Fill permit through the site plan or building permit processes.
3.4 Floor area restrictions and parking requirements are to be established in the
zoning by-law to limit the scale of the proposed uses, however, the extent of
uses operating concurrently from the site will be directly dependant on the
parking and private services available to support the uses
Floor Area Restrictions
To ensure that the scale of the commercial uses remain appropriate for a Hamlet
setting, it is recommended that the size of the restaurant, day spa and bed &
breakfast uses be limited through the establishment of appropriate definitions and
floor area restrictions in the amending zoning by-law. These restrictions are
necessary to prevent overdevelopment of the site and to control the size of any
one use. The existing mill building is quite large (approximately 930 square
metres in size) and could accommodate commercial uses at a scale out of
character with the Hamlet environment. The floor area restrictions are also
required to reduce the amount of parking generated by each use. Available
on-site parking is limited due to the location of the septic bed and the floodplain
of the West Duffins Creek.
It is recommended that the restaurant use be restricted to the ground floor of the
building, to a maximum gross leasable floor area of 200 square metres, and that
the restaurant be classified as a "Restaurant - Type A" which permits eat-in or
take-out but does not permit a drive-thru. It is further recommended that the day
spa use be restricted to one establishment with a maximum gross leasable floor
area of 300 square metres, and that the bed & breakfast establishment be limited
to a maximum of 3 guest bedrooms.
Report PO 06-08
Date: February 4, 2008
Subject: Richard Gosling (A 11/06)
Page 6
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Parkinq
Due to the location of the existing septic system at the rear of the building, the
topography of the site, and the limit of the floodplain for the West Duffins Creek,
vehicle parking on the site is restricted. A preliminary grading plan for the property
has been prepared by the owner which outlines a conceptual parking layout for
24 on-site parking spaces. The plan locates the majority of parking on the west
side of the mill building, with limited parking in the front yard and east side yard.
Four additional parking spaces are shown along the eastern lot line of the property
with access from Factory Street.
Appropriate parking ratios will be established in the amending zoning by-law for
each proposed use to ensure that sufficient parking is available on-site, while not
imposing on the streetscape or character of the Hamlet. A parking ratio of
5 spaces per 100 square metres of floor area is considered appropriate for the
proposed restaurant and day spa uses. A minimum of one parking space for
each guest room associated with a bed & breakfast establishment will be
required. It is expected that some sharing of parking will occur between uses.
For example, if a day spa and restaurant operate from the building at the same
time, it is expected that patrons visiting the day spa would likely be patrons of the
restaurant.
The total number of parking spaces required on-site and the final parking layout for
the site will be determined and approved through the site plan approval process.
Tree preservation, landscaping and heritage design principles will be incorporated
into the final parking design to enhance and maintain the historic character of the
area.
Variety of Uses
The proposed amendments to the zoning by-law will result in a broader range of
permitted uses for the property as the proposed bed & breakfast establishment,
day spa, and restaurant uses are to be included as additional uses to the
dwelling unit, retail store and small implement repair shop currently permitted
under the zoning by-law. Although the variety of uses permitted will increase, the
extent to which the building can be used will be directly related to the capacity of
the private services and parking required to support the uses. The owner will be
required to provide details of all proposed occupancies for review and approval
through the site plan and building permit processes.
Appendix I provides a summary of the currently permitted and recommended
additional uses for the property, and the associated floor area and parking
restrictions for each use.
Report PO 06-08
Date: February 4, 2008
Subject: Richard Gosling (A 11/06)
Page 7
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3.5 All development matters concerning the City and Regional Health
Department will be addressed through future development applications
In order to facilitate the conversion of the existing mill to accommodate the
proposed uses, formal development applications such as a site plan application
and building permit will be required. Staff are satisfied that the City's interests
regarding the redevelopment of this site will be protected through the conditions of
approval of these future applications. It is recommended that the existing U(H)" -
Holding Provision be removed from the zoning by-law, as this provision is no
longer deemed necessary. The following technical matters will be addressed
through the site plan or building processes, without the need for a U(H)" - Holding
Provision:
Environmental Assessment
The Fire Prevention Officer expressed concern with respect to the previous use
of the building and has recommended that the owner obtain the services of a
qualified health official/environmental engineer to ensure that there are no remaining
residues or toxins within the building that may lead to unwanted health problems for
any persons who frequent or live within the building.
A Phase I Environmental Site Assessment (ESA) was undertaken in 1994
indicating that any adverse environmental conditions identified on the property
(which were quite minor) can be addressed at the site plan and building permit
stages of the development. The City's Chief Building Official was forwarded the
ESA and confirmed that the environmental conditions identified would not
preclude the development of the site.
The owner of the property has been advised that additional assessments/studies
may be required through the site plan and/or building permit process to verify the
current conditions on-site, and that all alterations to the building must be
completed in full compliance with the Building Code and Fire Regulations.
Odour Control
The addition of a restaurant use within the building may require some form of
odour control as the property is in close proximity to existing residential dwellings.
Cooking ventilation systems may be required to incorporate an appropriate odour
extraction mechanism sufficient to ensure that resulting exhaust is substantially
odour free and will not affect surrounding residents. The need for an odour
control system will be reviewed, and subsequently approved, through the site
plan and building permit processes.
Report PO 06-08
Date: February 4, 2008
Subject: Richard Gosling (A 11/06)
Page 8
7 1
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Private Services
The Region of Durham Health Department will need to be satisfied that the
property can support the operation of the proposed uses in terms of providing
adequate potable water and a satisfactory private sewage disposal system.
Further details of the proposed commercial operations including total daily design
sewage flow, and details of the private sewage disposal system including prime
and reserve area allocation are required. The owner will be required to satisfy
any requirements of the Health Department and any conditions imposed.
4.0 Owner's Comments
The owner is aware of the recommendations of this report and concurs with the
recommendations.
APPENDICES:
APPENDIX I: Summary of Existing and Recommended Uses with Associated Floor
Area and Parking Requirements
APPENDIX II: Draft Zoning By-law Amendment
Attachments:
1. Location Map
2. Applicant's Conceptual Site Plan
3. Text of Information Report
4. Minutes from July 23, 2007 Statutory Public Information Meeting
5. Resident Comment - Gord and Anna Wilson
6. Signature List
7. Agency Comments - TRCA (October 24, 2007)
8. Agency Comments - TRCA (January 7,2008)
9. Agency Comments - Region of Durham Planning Department
10. City Department - Development Control (July 19, 2007)
11. City Department - Development Control (October 3, 2007)
12. City Department - Fire Services
13. City Department - Building Services
Report PO 06-08
Date: February 4, 2008
Subject: Richard Gosling (A 11/06)
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Page 9
Prepared By:
Approved I Endorsed By:
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mng & Development
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Carla Pierini
Planner II
CP:ld
Attachments
Copy: Chief Administrative Officer
Directors
Recommended for the consideration of
Pickering City Council
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APPENDIX I TO
REPORT PD 06-08
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Summary of Existing and Recommended Uses
with Associated Floor Area and Parking Requirements
Currently Floor Area Restrictions Parking Requirements
Permitted Use
Dwelling Unit - maximum 1 unit - minimum 2 spaces
Retail Store - maximum gross floor area of 400 m2 - 3.0 spaces / 100 m2
- limited to the ground floor only of g.l.f.a*
Small Implement - conducted from an accessory - 3.0 spaces / 100 m2
Repair Shop structure only of g.l.f.a
Recommended Floor Area Restrictions Parking
Additional Uses Requirements
Bed & Breakfast - maximum of 3 guest bedrooms - 1 space for each
Establishment guest bedroom
Day Spa - maximum 1 day spa use - 5.0 spaces / 100 m2
- maximum g.l.f.a of 300 m2 of g.l.f.a
Professional - permitted only as a component of a - refer to day spa
Office day spa use requirement
Restaurant - - maximum g.l.f.a of 200 m2 - 5.0 spaces / 100 m2
Type A - limited to the ground floor only of g.l.f.a
*g.l.f.a = gross leasable floor area
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APPENDIX II TO
REPORT PD 06-08
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 11/06
F PICKERING
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BY-LAW N :'tr.
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Being a By-law to amend Restricted Area (Zoning) By-law 3037, as
amended by By-law 2677/88, to implement the Official Plan of the City of
Pickering, Region of Durham, Part of Lot 24, and Lots 25, 26 & 27,
Plan 21 (Parts 5 and 6, 40R-1139), City of Pickering. (A 11/06)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
amend the existing zoning of the subject property to permit a bed & breakfast
establishment, day spa and restaurant as additional uses within the vacant heritage
structure;
AND WHEREAS an amendment to the existing zoning of the subject property to
remove the "(H)" Holding Symbol preceding the hamlet commercial zoning is deemed
appropriate;
AND WHEREAS an amendment to By-law 3037, as amended by By-law 2677/88, is
therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. TEXT AMENDMENTS
(1) Section 4. DEFINITIONS of By-law 2677/88, is hereby amended by
adding the following definitions and re-alphabetizing and renumbering the
subsections (1) to (20):
(4) "Bed & Breakfast Establishment" shall mean an establishment that
provides sleeping accommodation (including breakfast and other
meals, services, facilities and amenities for the exclusive use of
guests) for the traveling or vacationing public in up to three guest
rooms within a building or part of a building that is the principle
residence of the proprietor of the establishment;
(10) "Day Spa" shall mean a building or part of a building in which
beauty and aesthetic treatments are provided, such as hair
removal, make-up application, cosmetic tattooing, massage
therapy, and weight loss treatments, but shall not include a body
rub parlour, and shall not provide over night accommodations;
(15) "Restaurant - Type A" shall mean a building or part of a building
where food is prepared or offered or kept for retail sale to the public
for immediate consumption on or off the premises;
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(2) Section 5.(2)(a) Uses Permitted ("HMC7" Zone) and Section 5.(2)(b) Zone
Requirements ("HMC7" Zone) of By-law 2677/88 are hereby removed in
their entirety.
(3) Section 5.(8)(a) - Uses Permitted ("HMC9" Zone) of By-law 2677/88, is
hereby amended by adding the following subclauses and re-alphabetizing
and renumbering the subclauses (i) to (vii):
(i) bed & breakfast establishment;
(ii) day spa;
(iv) professional office;
(v) restaurant - type A;
(4) Subclause 5.(8)(b)(viii)D of By-law 2677/88, IS hereby repealed and
replaced as follows:
D Subsections 5.19.2 a), 5.19.2 b), 5.19.2 d) and 5.19.2 k) of By-law
3037, as amended, shall not apply to the lands designated "HMC9"
on Schedule I.
(5) Section 5.(8)(b)(viii) PARKING REQUIREMENTS of By-law 2677/88, IS
hereby amended by adding the following subclauses after subclause D:
E Where a parking space abuts the Whitevale Road allowance a
minimum 2.0 metre landscaping buffer shall be provided;
F Despite clause 2.2.1 of By-law 3037, the minimum two-way traffic
aisle width shall be 6.0 metres;
G There shall be provided and maintained on the lot a minimum of
5.0 parking spaces per 100 square metres of gross leasable floor
area for any day spa and restaurant - type A;
H There shall be provided and maintained on the lot a minimum of
one parking space for each guest room associated with a bed &
breakfast establishment;
(6) Section 5.(8)(b)(ix) SPECIAL PROVISIONS of By-law 2677/88, is hereby
amended by adding the following subclauses after subclause (f):
(g) The gross leasable floor area of all restaurant - type A uses shall be
limited to a maximum of 200 square metres on the ground floor only;
(h) A maximum of one day spa use shall be permitted with a maximum
gross leasable floor area of 300 square metres;
(i) Despite Section 5.(8)(a) of this By-law, a professional office shall only
be permitted as a component of a day spa use, and shall be included
in the gross leasable floor area calculation for the day spa use;
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(7) Section 5.(8)(b)(x) REMOVAL OF "(H)" HOLDING SYMBOL of By-law
2677/88, is hereby removed in its entirety.
2. SCHEDULE AMENDMENT
Schedule "I" to By-law 2677/88, is hereby amended by removing the "(H)"
Holding Symbol preceding the "HMC9" zone designation on the lands being Part
of Lot 24, and Lots 25, 26 & 27, Plan 21 (Parts 5 and 6, 40R-1139) as set out on
Schedule "I" attached hereto.
3. BY-LAW 3037
By-law 3037, as amended by By-law 2677/88, is hereby further amended only to
the extent necessary to give effect to the provisions of this By-law as set out in
Section 1 above, and as set out on 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 3037, as amended.
4. 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
,2008.
day of
David Ryan, Mayor
Oebi A. Wilcox, Cffy Clerk
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SCHEDULE I TO BY-LAW 2677 /88
AMENDED BY BY-LAW 29 00
AMENDED BY BY-LAW.~ . 39 02
AMENDED BY BY-'x~lxx 08
PASSED THIS
DAY OF
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PROPERTY DESCRIPTION PART OF lOT 24, LOTS 25 TO 27, PLAN 21 M PARTS 5 & 6, 40R-1139
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INFORMATION COMPILED FROM
APPLICANT'S SUBMITTED PLAN
A 11/06. R. GOSLING
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT
DEPARTMENT, INFORMATION AND SUPPORT SERVICES SECTION, JUNE 18,2007.
:,:'_,n # 3 TO
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INFORMATION REPORT NO. 06-07
FOR PUBLIC INFORMATION MEETING OF
JULY 23, 2007
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 11/06
Richard Gosling
425 Whitevale Road
Part of Lot 24, Lots 25 to 27, Plan 21
Parts 5, 6, 40R-1139
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
- the property is located at the southwest corner of Whitevale Road and
Factory Street;
a property location map is provided for reference (see Attachment #1);
a building known as the Whitevale Mill and a detached garage currently exist
on the property;
the property is within the Whitevale Heritage Conservation District;
the West Duffins Creek abuts the western portion of the property.
2.0 APPLICANT'S PROPOSAL
- the applicant proposes to amend the current zoning of the property to permit
a bed & breakfast, day spa with associated retail sales and a restaurant as
additional uses;
the existing buildings on the lot are to be maintained, and the applicant is
proposing to accommodate the proposed uses within the Whitevale Mill
building;
a site plan showing the existing buildings on the property and conceptual
parking layout is provided for reference (see Attachment #2).
Information Report No. 06-07
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Page 2
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Regional Official Plan
identifies the subject property as being designated "Rural Settlements - Hamlet"
Rural Settlements permit commercial, residential, and employment
developments serving the needs of the surrounding areas;
the proposal appears to conform to the Durham Region Official Plan;
3.2 Pickering Official Plan
identifies the property as being designated "Rural Settlements - Rural Hamlets"
and Hamlet Commercial within the Whitevale Settlement Area;
Rural Hamlet areas permit a variety of uses including residential,
employment, commercial, community, cultural and recreational uses;
the Whitevale Settlement policies encourage opportunities for enhancing the
historic village of Whitevale through the introduction of arts and craft studios,
custom workshops and small-scale commercial enterprises on suitable sites,
provided the historic character of the village and the interests of neighbouring
residents are respected;
the adopted heritage district guidelines and heritage district permit process apply
to development within the Whitevale Heritage Conservation District;
Schedule III to the Pickering Official Plan - "Resource Management" identifies
the western portion of the subject property as being within a Shoreline and
Stream Corridor area;
the applicant's proposal will be assessed against the policies and the
provisions of the Pickering Official Plan during the further processing of the
application;
3.3 Zoning By-law 3037
the subject property is currently zoned "(H)HMC9" - Hamlet Commercial
Zone by Zoning By-law 3037 as amended by By-laws 2677/88 and 5629/00;
a Site Plan Agreement must be entered into between the City and the owner
of the property prior to the removal of the "(H)" - Holding symbol preceding
the existing "HMC9" zoning;
the "HMC9" zoning permits a dwelling unit, retail store and small implement
repair shop;
a zoning by-law amendment is required to permit the proposed additional
uses on the property.
Information Report No. 06-07
3
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Page 3
(17.,
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
no comments or objections received to date;
4.2 Agency Comments
no comments or objections 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, surrounding lands;
· the adequacy and location of on-site parking to support the proposed uses;
· whether any floor area limitations may be required for the additional uses
proposed by the applicant;
. review of any flood control requirements;
· the impacts of the proposed uses on the existing private sewage system;
· ensuring that the application be reviewed in consultation with Heritage
Pickering, and ensuring that the change of use for the existing building
meet all necessary fire protection, health standards and building codes.
the Planning & Development Department will conclude its position on the
application and its design after it has received and assessed comments from
the circulated departments, agencies and public;
the Heritage Pickering Advisory Committee has been previously consulted on
this proposal;
any alterations to the building will require a Heritage District Permit in addition
to other City approvals, including Site Plan Approval.
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 Council and/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;
Information Report No. 06-07
4 ,1
3
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Page 4
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.
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
a copy of the applicant's submitted plan is available for viewing at the offices
of the City of Pickering Planning & Development Department.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Carla Pierini
Planner II
Lynda Taylor, Me/p, RPP
Manager, Development Review
CP:ld
Attachments
Copy: Director, Planning & Development
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APPENDIX NO. I TO
INFORMATION REPORT NO. 06-07
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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Excerpts from
Council Meeting Minutes
Cit'f 0#
46
Monday, July 23,2007
7:30 PM
Council Chambers
(I) ADOPTION OF MINUTES
Moved by Councillor Johnson
Seconded by Councillor Dickerson
Council Meeting Minutes June 18, 2007
In Camera Council Meeting Minutes June 18 and 25, 2007
CARRIED
(III) COMMITTEE REPORTS
a) REPORT PO 2007-04 OF THE PLANNING & DEVELOPMENT COMMITTEE
1. INFORMATION REPORT NO. 06-07
SUBJECT: Zoning By-law Amendment Application A 11/06
Richard Gosling
425 Whitevale Road
Part of Lot 24, Lots 25 to 27, Plan 21
Parts 5. 61 40R-1139, 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 submitted by Richard Gosling
for property municipally known as 425 Whitevale Road.
Ross Pym, Principal Planner - Development Review gave an outline of the
requirements for a Statutory Meeting under the Planning Act. He 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.
Carla Pierini, Planner provided a brief overview of Zoning Amendment
Application A 11/06.
1
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00-06
Excerpts from
Council Meeting Minutes
Monday, July 23, 2007
7:30 PM
Council Chambers
47
,
Richard Gosling, the applicant, appeared before Council and outlined what he
had completed to the property and what he was planning. He noted that he has
complied with the heritage significance while upgrading the property. He stated
that his plans were to keep traffic flow to a minimum and to work with area
residents during the project. He stated that he was not trying to maximize the
uses on the property but was trying to complement the site and the Whitevale
area.
Jim Thompson, 437 Churchwin Street, Whitevale, appeared before Council in
support of the application but requested clarification on the size of the restaurant;
whether the restaurant was just for the spa clients or would it be open to the
public and whether the restaurant would have a liquor licence. Mr. Thompson
also noted that he would like to see the parking area as far from the road as
possible and questioned whether the applicant would considering leasing the
property on the north side of the road for overflow parking if it was available.
Tommy Thompson, 3181 Byron Street, appeared before Council in support of the
application and stated that he felt the improvements to this building have
improved the look of the village.
Melanie Glassford, 3175 Factory Street, appeared before Council in support of
the application.
A question and answer period ensued.
2
Carla Pierni, Planner II
Planning Department
City of Pickering
5
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5 July 2007
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Concerning: Zoning By-law Amendment Application - A 11/06 - Hamlet of Whitevale
Thank you for notice of this application and the Public Meeting 23 July, and for taking my phone
call to you on 28 June concerning the City's planning definition of 'day spa'.
HERITAGE: The present mill structure sits exactly upon the foundation of the original brick mill.
Over 150 years ago, the original alterations to site elevations for the planned mill foundation and
its water powered operation were made. It was the original mill setting and how we see it today.
The proposed plan, with its modern, idealized suburban concrete curbs, appears inappropriate to
a rural, heritage-designated village like Hamlet of Whitevale.
PROPOSED USES; The proposed use of the T. L. Wilson Feed Mill building as a 'spa' seems
oddly out of character to this village - to the mill and to the surrounding food producing lands,
which, together form the village's historic legacy.
As a restaurant, there are no details given on which to make constructive comment. Neither the
type - size - proposed hours of operation - whether to be licensed or not are mentioned.
A bed and breakfast - restaurant operation might prove feasible if residents of the village should
agree to change Whitevale from a residential neighbourhood to a tourist destination.
PARKING: We have a concern about adequate parking especially as the village lost 2/3rds of its
parking when Premier Harris sold the north mill property. In addition, the absentee landlord
opposite, on the north mill property, has effectively prevented public parking on the public road
allowance. Because of that, on occasion, people presently stopping at the chip wagon, crowd the
narrow main road at the bridge. Fortunately, public safety concerns have not been proved.
The plan accompanying the application appears to assume the Mill property is flat. In fact, it has
abrupt changes of elevation and the number of parking spaces shown cannot actually fit the site
as represented. If this plan were approved and implemented as it is, the topography of the site
would need to be significantly changed and so, alter the classic face of downtown Whitevale.
As it is, parking seems inadequate for the proposed uses. Parking requirements will be better
understood when the scale of all the operations proposed are better defined. .
SIGNAGE: If an enterprise wishes to erect a business sign (respectful of Whitevale's heritage) is
a sign permit required or will the present practise of posting signs everywhere continue?
We submit these comments now as we will be unable to attend the public meeting 23 July. If
available, we would appreciate receiving minutes of the meeting. Thank you for the opportunity to
comment.
Sincerely
Gordon and Anna Willson, 455 Whitevale Road, Whitevale Ontario. LOH 1MO Ph: 9052941812
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PROPOSED
Zoning By-Law Amendment A 11/06
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To amend the existing zoning on the subject property to permit a bed & breakfast, day spa with
associated retail sales and a restaurant as additional uses.
A public information meeting will be held on July 23,2007 at 7:30pm
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PROPOSED
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A public information meeting will be held on July 23,2007 at 7:30pm
I Su ort the above amended rezonin
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To amend the existing zoning on the subject property to permit a bed & breakfast, day spa with
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To amend the existing zoning on the subject property to permit a bed & breakfast, day spa with
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A public information meeting will be held on July 23, 2007 at 7:30pm
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Name Address
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To amend the existing zoning on the subject property to pemit a bed & breakfast, day spa with
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A public information meeting will be ~ticl on July 23,2007 at 7:30pm
I SUa. ort the above amended rezoning proposed for 425 Whitevale Rd.
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October 24,2007
RECEIVED
OCT 3 1 2007
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
CFN 38708.04
XREF CFN 37736.08
BY FAX AND MAIL
Carla Pierini
Planning & Development Department
Pickering Civic Complex
City of Pickering
One the Esplanade
Pickering, ON
L 1 V 6K7
Dear Ms. Pierini:
RE: Zoning by-Law Amendment A 11/06
Richard Gosling
425 Whitevale Road
City of Pickering
Toronto and Region Conservation Authority (TRCA) staff has reviewed following plans for a zoning
amendment on the above referred property:
Drawing Number GR-1, Grading Plan, dated July 2006, prepared by Politis Engineering Ltd., received
September 20, 2007
Background
The subject property is located at 425 Whitevale Road, east of Altona Road, 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 a bed & breakfast, day spa and associated retail. As the subject property is partially located within
the Regional Floodplain, TRCA staff has been in discussion with the applicant regarding conversion of
this site.
Floodplain Management
The current grading plan shows filling and grading within the Regional Floodplain. TRCA's policies do not
support these activities within the floodplain. As per discussions that took place at TRCA's office on
March 7,2007, TRCA staff informed the applicant that there should not be any filling or grading within the
floodplain. However, we would review minor filling if the works were necessary to accommodate parking.
After a review of the grading plan, TRCA technical staff has determined that the filling and grading
proposed are not minor.
Ontario Regulation 166/06
The subject property is located within a Regulated Area. 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.
f:\home\public\developmenl services\durham region\pickering\425 whilevale_zoning_1.doc
Member of Conservation Ontario
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Ms. Pierini
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October 24, 2007
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Development is defined as:
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 cannot support this application until such time that we are satisfied with
the grading plan. Please resubmit the grading plan to reflect the above noted changes for TRCA's review
and approval.
We trust that this is of assistance. Please contact me should you have any further questions.
o rsTrUIY'~
nnon cNeill BA, BURPI
Planner I
Planning and Development
Extension 5744
CJ/sm -Rf
Cc: Richard Gosling, Owner
Steve Heuchert, TRCA
f:\home\public\development services\durham region\pickering\425 whitevale_zoning_1.doc
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January 7, 2008
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CFN 38708.04
XREF CFN 37736.08
BY FAX AND MAIL
Carla Pierini
Planning & Development Department
Pickering Civic Complex
City of Pickering
One the Esplanade
Pickering, ON
L 1V 6K7
RECEIVED
JAN 0 7 2008
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
Dear Ms. Pierini:
RE: Zoning by-Law Amendment A 11/06
Richard Gosling
425 Whitevale Road
City of Pickering
.
Toronto and Region Conservation Authority (TRCA) staff has reviewed further plans for a
zoning amendment on the above referred property..
Further to our letter dated October 24, 2007. TRCA staff has worked with the applicant to
minimize the amount of filling and.grading within the floodplain. As such, TRCA staff has no
further concern with this proposal.
Recommendations
In light of the above, TRCA staff have no objections to the proposed zoning amendment for
425 Whitevale Road.
We trust that this is of assistance. Please contact me should you have any further questions.
Yours Truly,
· ~~on McNeill
Planner I
Planning and Development
Extension 5744
CJ/sm ~
Cc: Richard Gosling, Owner
Steve Heuchert, TRCA
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The Regional
Municipality
of Durham
F'lanning Department
605 ROSSLAND ROAD E
4' FLOOR
P,O BOX 623
WHITBY, ON L 1 N 6A3
(905) 668-7711
Fax (905) 666-6208
E-mail: planning@
region,durham ,on,ca
www.region.durham.on.ca
A.L. Georgieff, MCIP, RPP
Commissioner of Planning
"Service Excellence
for our Communities"
9
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July 30, 2007
Carla Pierini, Planner II
Planning and Development Department
City of Pickering
One The Esplanade
Pickering, Ontario
L 1V 6K7
1-- Sent via email to:
~i@city.PickerinQ.on.ca
Ms. Pierini:
Re: Zoning Amendment Application A 11/06
Applicant: 2029480 Ontario Limited
Location: 425 Whitevale Road
Part of Lots 31 and 32, Concession 4
Municipality: City of Pickering
We have reviewed this application to amend the zoning of the subject
property. The purpose of the application is to permit a bed and breakfast,
day spa with associated retail uses and a restaurant as additional uses
within an existing dwelling. The following comments are offered.
Reqional Official Plan
The lands subject to this application are designated "Hamlet" in the
Durham Regional Official Plan. "Hamlets" are to be developed in
harmony with surrounding uses and may consist of:
a) a variety of housing types, as well as community facilities;
b) Employment Areas; and
c) commercial uses that meet the immediate needs of the residents of
the hamlets and the surrounding rural area.
Reqional Services
Development within hamlets is to be individually serviced with private
drilled wells and private sewage disposal systems where groundwater
quantity and quality permits, and in compliance with the standards of the
Region and the Ministry of the Environment.
Private well and private waste disposal systems are proposed to service
the subject property. Additional information is required for further review
of the proposed private services. The Regional Health Department will
require:
9
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1. details of the operation including total daily design sewage flow and;
2. details of the private sewage disposal system including prime and
reserve area allocation.
The required information may be submitted to the Regional Health
Department for review and regard should be had for the comments
provided.
Provincial Policies & Delegated Review Responsibilities
This application has been screened in accordance with the terms of the
provincial plan review responsibilities. There are no matters of Provincial
interest applicable to this application.
Please contact me should you have any questions or require any
additional information.
O~W\~ MtV(
Dwayne Campbell, Planner
Current Planning
Copy (via email): Regional Works Department - Pete Castellan
10
ore -08
PLANNING & DEVELOPMENT DEPARTMENT
so
MEMORANDUM
July 19, 2007
To:
Carla Pierini
Planner II
From:
Robert Starr
Supervisor, Development Control
Subject:
Zoning By-law Amendment Application A 11/06
Richard Gosling
425 Whitevale Rd.
Part of Lot 24, Lots 25-27, Plan21
Parts 5, 6, 40R-1139
City of Pickering
We have reviewed the proposal submitted in support of the application and provide the
following comments:
General Comments
1. We will require a Construction Management! Erosion & Sediment Control Plan to
be submitted which clearly shows how the applicant will ensure that no silt will
leave the site and contaminate' the adjacent valley & stream corridor. As well, the
plan must address mud and dust control.
2. We will require a Tree Preservation Plan.
3. Relocation of any utilities in the road allowance will be the responsibility of the
applicant.
4. The plan must address some form of pedestrian access to the site.
5. We have a concern with regards to the proposed parking configuration. The
existing grades on the west side of the property appear to be prohibitive to the
construction of the parking lot. As a condition of rezoning, a preliminary grading
plan must be submitted for review and approval from the City.
Carin Pierini
A 11/06 - Richard Gosling
425 ~itevale Rd.
10
ev-oE
July 19, 2007
Page 2
6. Any off-site works will require the applicant to enter into a Development
Agreement with the City.
Should there be any questions or concerns regarding the above comments, please
contact the undersigned or Paal Helgesen at 905.420.4617.
~
Robert Starr
RS:ph
1:\Land Division & Other Development AppJications\Zoning By-law Amendment Application A11-06 - 425 Whilevale Rd..doc
Copy: Coordinator, Development Approvals
Technician, Development Approvals
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PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
October 3, 2007
To:
Carla Pierini
Planner II
From:
Robert Starr
Supervisor, Development Control
Subject:
Zoning By-law Amendment Application A 11/06
Richard Gosling
425 Whitevale Rd.
Part of Lot 24, Lots 25-27, Plan21
Parts 5, 6, 40R-1139
City of Pickering
We have reviewed the grading plan submitted in support of the application and provide
the following comments:
General Comments
1. The preliminary grading plan appears to address our concerns with regard to
provide parking on the site that is consistent with normal grading practices.
Additional details would be required as part of a site plan application however,
with the information provided we could support the zoning by-law amendment
application.
Should there be any questions or concerns regarding the above comments please
contact the undersigned or Paal Helgesen at 905.420.4617.
~~_.
Robeli Starr
RS:ph
I:\land Division & Otllfor Development AppliC<-lt:or1s,\2oning Oy-Iaw Amendlllerlt Application A 11-0G - 4:>5 VVhitevale Rd - cornmenI2.d(lc
Copy: Coordinator, Development Approvals
Technician, Development Approvals
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Operations & Emergency Services Department
Fire Services Division
Memorandum
September 24, 2007
To:
Carla Pierini
Planner 11
From:
Rex Heath
Fire Prevention Officer
Re:
Zoning By-law Amendment Application A 11/06
Richard Gosling
425 Whitevale Road
------------------------------------------------------------------------------------------------------------
Further to our conversation of last week the Pickering Fire Services is forwarding
the revisions we spoke of which are namely.
Understanding the existing building has been used as a mill, granary, and
fertilizer distribution centre in past years. We recommend the applicant obtain
the services of a qualified health official/environmental engineer, to ensure that
there are no remaining residues; poisons or toxins within the building that may
lead unwanted health problems for any persons who frequent or live within the
envelop of the building.
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Rex Heath
Fire Prevention Officer
Pickering Fire Services
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PLANNING & DEVELOPMENT DEPARTMEN i'
MEMORANDUM
January 17, 2008
To:
Carla Pierini
Planner II
From:
Tim Moore
Chief Building Official
Subject:
Phase I Environmental Site Assessment
Richard Gosling (A 11/06)
As requested, I have reviewed the 1994 Phase I Environmental Site Assessment report
provided. At the time this report was written, there was no apparent environmental
contamination which would preclude development of the land.
TM:cm