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HomeMy WebLinkAboutPD 18-09 City REPORT TO PLANNING & DEVELOPMENT PICKERING COMMITTEE Report Number: PD 18-09 Date: June 1, 2009 23 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment - A 21/08 Mikalda Farms Ltd. 155 Uxbridge Pickering Townline Road (Part of Lot 34, Concession 9) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 21/08 submitted by Mikalda Farms Ltd., on lands being Part of Lot 34, Concession 9, City of Pickering, to amend the zoning of the subject property to add low intensity recreational uses with accessory small-scale environmental education facilities as a permitted use on the subject property as outlined in Report PD 18-09 be approved; 2. That the amending Zoning By-law to implement Zoning By-law Amendment Application A 21/08, as set out in Appendix I to Report PD 18-09 be forwarded to Council for enactment, and 3. Further, that the Ministry of Municipal Affairs and Housing be requested to revise the City's Oak Ridges Moraine Conformity Zoning By-law to permit small scale environmental education facility uses within the "ORM-A-2" zone for the subject property in its approval of the Conformity By-law, as outlined in Appendix I to PD Report 18-09. Executive Summary: The applicant proposes to rezone the subject property, located on the south side of Uxbridge Pickering Townline Road east of Markham Pickering Townline Road (also known as Durham Road 30), to permit low intensity recreational uses with accessory small-scale environmental education facilities in addition to the agricultural uses currently permitted (see Attachment #1). The proposed uses are appropriate and compatible for the rural area. Effective integration of the requested uses with existing agricultural uses can be achieved by ensuring the provision of adequate parking, adherence to the revised Proposed Use and Natural Heritage Protection Plan (see Attachment #3), and through the site plan review process. Report PD 18-09 June 1, 2009 Subject: Mikalda Farms Ltd. (A 21/08) Page 2 24 -The City is currently awaiting Ministry of Municipal Affairs and Housing approval of the Oak Ridges Moraine Conformity Zoning By-law Amendment which does not permit small scale environmental education facility uses within the "ORM-A" zone as of right. Staff recommend that the Ministry be requested to revise the conformity by-law to add this use and specific zone classification for the subject property in its approval of the By-law. It is recommended that this application be approved and the draft by-law be enacted by Council. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: The applicant's proposal is aligned with the principle of adaptive reuse of buildings and utilization of existing buildings for additional purposes. The proposal also takes advantage of existing infrastructure and retains existing agricultural land cultivation within the City. The applicant has been encouraged to introduce sustainable elements in the site plan submission and is exploring several opportunities with their designer/engineer (pervious paving/landscape materials, drought resistant landscaping). Background: 1.0 Introduction The owner of the property, Mikalda Farms Ltd., proposes to develop the subject lands, located on the south side of Uxbridge Pickering Townline Road east of Markham Pickering Townline Road (also known as Durham Road 30), to permit low intensity recreational uses with accessory small-scale environmental education facilities on the subject site in addition to the Agricultural uses permitted in the "A" zone (see Location Map Attachment #1). The subject property is approximately 29.3 hectares and contains one detached dwelling, a large barn, a machinery shed and a Quonset building along with smaller out-buildings. The site is currently being used for agricultural purposes. The applicant intends to continue to use the majority of the site for agricultural uses (native tree cultivation). The owner also intends to construct a small ancillary commercial outbuilding in proximity to Uxbridge Pickering Townline Road, to be used primarily for the sale of trees grown on site (see Attachment #2). A small portion of the property in close proximity to the existing buildings will be developed for low intensity recreational uses (see extracts from Applicant's Justification Report, Attachment #4). Report PD 18-09 June 1, 2009 Subject: Mikalda Farms Ltd. (A 21/08) Page 3 25 Small scale institutional uses, supplementing the low intensity recreational uses, are intended to be conducted within the existing renovated structures. These latter uses include programs for preschool and kindergarten classes emphasising education in environmental conservation from September to June, and day camp programs during the summer months with operating hours between 9:00 am and 4:00 pm. 2.0 Comments Received 2.1 At the February 2, 2009 Public Information Meeting (see text of Information Report & Meeting Minutes, Attachments #5 & #6) No members of the public in attendance at the public information meeting spoke in support or opposition to the application. The applicant addressed the committee and indicated that a day care use was also being sought as a potential use on the site. However, day care uses do not conform with the policies of the Pickering Official Plan. The applicant subsequently withdrew the request for this use (see Attachment #11). 2.2 Written Public Submissions on the Application No written public submissions were received on the application. 2.3 Agency Comments Region of Durham - the application is in conformity with the Regional Plan; - a Natural Heritage Evaluation is required to address requirements of Section 22 of the Oak Ridges Moraine Conservation Plan; - the proposed uses will not result in a high risk use relative to the areas of the subject site identified as high aquifer vulnerability area; - should the proposed 'Farm Store' and 'Area for Farm Animal Shed' fall within the wellhead protection area, a hydrogeological investigation and/or contaminant management report will be required for the Region's review to assess whether the proposal will be a potential risk to groundwater; - detailed information on sewage disposal systems, Total Daily Design Sewage Flow and well locations will be required at the site plan approval stage (see Attachment #7). Report PD 18-09 June 1, 2009 Subject: Mikalda Farms Ltd. (A 21/08) Page 4 26 Development Control - grading, drainage and Stormwater Management will be addressed with the Site Plan Application (see Attachment #8). Veridian - no comment on this application (see Attachment #9). Toronto and Region - a site visit was conducted on Conservation Authority March 31, 2009 to review the Proposed (TRCA) Use and Natural Heritage Protection Plan which resulted in the requirement for minor revisions to the plan; - the plan was revised, resubmitted and approved by the TRCA (see Attachment #10). 3.0 Discussion 3.1 The proposed use complies with the Oak Ridges Moraine Conservation Plan, the Regional Official Plan and the City's Official Plan, and is compatible with existing uses in the area The subject property is within the Oak Ridges Moraine with the largest portion designated "Countryside Area" and a small portion along the property's eastern boundary designated "Key Natural Heritage" and "Hydrologic Feature" in the Durham Regional Official Plan. Countryside Areas provide for the continuation of agricultural and other rural land uses including small-scale commercial and recreational uses. The City of Pickering Official Plan designates the subject property Oak Ridges Moraine Countryside Area. These areas are intended primarily for agricultural uses including growing both nursery and horticultural crops. The Plan further permits complementary and supportive agricultural uses including roadside produce stands retailing products from the farming operation. Other uses permitted include conservation, environmental protection, restoration, low-intensity recreational and similar uses. The site lies within an Identified Area of Influence in the Oak Ridges Moraine Conservation Plan and requires the submission of an Environmental Impact Statement for this development. The applicant submitted a Proposed Use and Natural Heritage Protection Plan to address the requirements of both Official plans in order to identify potential impact of the development on, and to ensure the conservation of, the identified Key Natural Heritage and Hydrologic Feature. The TRCA and the Applicant conducted a site visit to review the submitted plan on March 31, 2009 and as a result of the site walk the TRCA requested minor changes to the Proposed Use and Natural Heritage Protection Plan. The applicant made the required changes and resubmitted the plan which has been subsequently approved by the TRCA (see Attachment #10). Report PD 18-09 June 1, 2009 Subject: Mikalda Farms Ltd. (A 21/08) Page 5 27 The proposed agricultural and accessory farm business uses are permitted by the current zoning of the site, under By-law 3037. The proposed low-intensity recreational and accessory small-scale institutional uses are compatible with existing activities on the site and surrounding land uses. In order to ensure that the small-scale institutional uses remain "accessory" to the low-intensity recreational uses, a maximum total gross floor area for institutional uses of 350 square metres has been established in the draft by-law. 3.2 Minister requested to amend ORM Conformity By-law to reflect this amendment The City adopted its Oak Ridges Moraine Plan (ORMP) conformity zoning by-law (By-law 6640/06) on March 6, 2006. The By-law is currently being reviewed by the Ministry of Municipal Affairs and Housing and their approval is expected in the near future. The uses proposed by the applicant were not contemplated at the time that the ORMP conformity zoning by-law was approved. Should Council support the subject application, the Minister will be requested to revise the conformity zoning by-law accordingly. In the interim the proposed site specific zoning by-law amendment to By-law 3037 "ORM-A-2" (see Appendix I to report PD18-09) would apply. 3.3 All Development Matters Concerning the City will be addressed through the Site Plan Review Process The applicant's goal is to promote children's contact with nature, to get them outside and provide a chance to experience nature. Their aim will be to give the children social confidence, a sense of responsibility and respect for the environment and the community. The applicant intends to renovate the existing structures to accommodate the operation of environmentally oriented educational and recreational programs for young children during the school year, followed by environmentally oriented children's summer camp programs. The owner/applicant is aware of the Region's restrictions and requirements respecting the wellhead protection area located on the subject property. Accommodation of the Region's wellhead protection area provisions will be addressed through the site plan and building permit approval process. The proposed development is sensitive to the environmental conditions found on site. The conceptual site plan is well considered and addresses existing site characteristics and constraints. Required vehicular circulation and parking is accommodated and the site's attractive rural setting will be maintained. Through the site plan review process the function of the site will be reviewed further. Matters such as fencing, lighting, landscaping, parking, grading, stormwater management, and accessibility for persons with a disability will be reviewed further through the site plan review process. Report PD 18-09 June 1, 2009 Subject: Mikalda Farms Ltd. (A 21/08) Page 6 T 4.0 Applicant's Comments The applicant is aware of the contents of this report and concurs with the contents of the report. APPENDIX APPENDIX I Draft Zoning By-law Attachments: 1. Location Map 2. Applicant's Conceptual Site Plan 3. Applicant's Revised Proposed Use and Natural Heritage Protection Plan 4. Applicant's Justification Report (Extracts) 5. Text of Information Report No. 02-09 6. Minutes from February 2, 2009 Statutory Public Information Meeting 7. Agency Comment - Region of Durham Planning Department 8. Planning & Development Department - Development Control 9. Veridian Connections 10. Toronto and Region Conservation Authority 11. Email from applicant withdrawing verbal request for day care uses Report PD 18-09 June 1, 2009 Subject: Mikalda Farms Ltd. (A 21/08) Page 7 29 Prepared By: Approved/Endorsed By: 40-' YOWZAl - - . Isa James Neil Carr , RPP Planner II 0 Director, Planning & Development Lynda Ta or, MCIP, PP Manager, Development Review I.J:LT: jf Copy: (Acting) Chief Administrative Officer Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas J. uinn DMR, M III Chief Administra e Officer Z0 1 APPENDIX I TO REPORT PD 18-09 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 21108 31 THE CORPORATION OF THE CITY OF PICKERING AMAM BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 34, Concession 9, in the City of Pickering. (A 21/08) WHEREAS the Council of The Corporation of The City of Pickering deems it desirable to permit low intensity recreational uses with accessory small-scale environmental education -facilities, in The City of Pickering; AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING ENACTS AS FOLLOWS: 1. SCHEQUILE11 Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall only apply to those lands in Part of Lot 34, Concession 9, Pickering, designated "ORM-A-2" and "ORM-EP" on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) "Accessory Use" shall mean a use of land, buildings or structures that is normally incidental or subordinate to the principal use, building or structure located on the same lot. AWAW 32 -2- AORN-PI&I (2) "Agricultural Use" shall mean the growing of crops, including nursery and horticultural crops, raising of livestock and other animals, including poultry and fish, for food and fur, aquaculture, and agro-forestry and maple syrup production. (3) "Agriculture-Related Uses" shall mean commercial and industrial uses that are small-scale, directly related to a farm operation, and required in close proximity to the farm operation. (4) "Animal Agriculture" shall mean the growing, producing and raising farm animals including, without limitation, livestock, including, without limitation, livestock, including equines, poultry and ratites, fur-bearing animals, bees, cultured fish, deer and elk, and game animals and birds. (5) "Bed and 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 within a detached dwelling that is the principal residence of the proprietor of the establishment. (6) "Conservation" shall mean the wise use, protection and rehabilitation of natural resources according to principles that will assure their highest economic, social and environmental benefits. (7) "Exterior Side Yard" shall mean a side yard immediately adjoining a street or abutting a reserve on the opposite side of which is a street. (8) "Farm Vacation Home" shall mean an establishment that provides sleeping accommodation (including participation in farm activities, 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 single dwelling that is located on a farm and is the principal residence of the proprietor of the establishment. (9) "Home Industry" shall mean a business that, (a) is carried on as a small-scale use that is accessory to a detached dwelling or agricultural operation; (b) provides a service such as carpentry, metalworking, welding, electrical work or blacksmithing, primarily to the farming community; (c) may be carried on in whole or in part in an accessory building, and (d) does not include uses such as an auto repair or paint shop or furniture stripping. -3- 3 _ (10) "Low Intensity Recreational Uses" shall mean recreational uses that have minimal impact on the natural environment, and require very little terrain or vegetation modification and few, if any, buildings or structures, including but not limited to the following: (e) non-motorized trail uses; (f) natural heritage appreciation; (g) unserviced camping on public and institutional land; (h) accessory uses. (11) "Resource Management" shall mean the preservation, protection and improvement of the natural environment through comprehensive management and maintenance, under professional direction for both the individual and society's use, both in the present and the future, and shall also mean the management, development and cultivation of timber resources to ensure the continuous production of wood or wood products, the provision of proper environmental conditions for the preservation of fish and wildlife habitat, the protection against floods and erosion, the protection and production of water supplies and the preservation of the recreational resource. (12) "Small-scale Environmental Education Facilities" shall mean classrooms and support facilities used in association with low intensity recreation uses. (13) "Temporary Detached Dwelling" shall mean a dwelling constructed in accordance with the requirements of the Building Code, excluding a permanent foundation that is designed and constructed so as to enable complete removal of the building within 48 hours of being required to do so. 5. PROVISIONS (1) (a) Permitted Uses OAK RIDGES MORAINE AGRICULTURAL (°ORM-A-2" ZONE) No person shall within a Oak Ridges Moraine Agricultural ("ORM-A-2" Zone), use any land or erect, alter or use any building or structure except in accordance with the following: (i) agricultural use (ii) bed and breakfast establishment (iii) conservation projects and flood and erosion control projects (iv) detached dwelling (v) farm vacation home 3 - 4 - 40T411cir (vi) home-based business (vii) home industry (viii) low intensity recreational use (ix) publicly initiated transportation, infrastructure and utilities (x) resource management (xi) small-scale environmental education facilities (xii) temporary detached dwelling accessory to an agricultural use (b) Zone Requirements ("ORM-A-2" ZONE) (i) Minimum Lot Area 4 hectares (ii) Minimum Lot Frontage 150 metres (iii) Minimum Yard Requirements A Front Yard 15.0 metres B Interior Side Yard 6.0 metres C Exterior Side Yard 7.5 metres D Rear Yard 15.0 metres (iv) Maximum Lot Coverage 20% (v) Maximum Height 12.0 metres (vi) Minimum Dwelling Unit Gross Floor Area 139 square metres (vii) Maximum Building Ground Floor Area 500 metres (c) Special Regulations ("ORM-A-2" ZONE) (i) The maximum floor area for all buildings used for accessory small-scale environmental education facilities shall not exceed 350 square metres; (ii) A farm vacation home and a bed and breakfast establishment shall provide a maximum of three guest rooms; (iii) Temporary Detached Dwelling Requirements: A A temporary detached dwelling shall be permitted on a lot with a minimum lot area of 40 hectares; -5- 35 B maximum of one temporary detached dwelling shall be permitted per lot; provided it is used by persons employed on the farm; C Where a detached dwelling exists, the maximum distance between the detached dwelling and a temporary detached dwelling shall be 50.0 metres, and the temporary detached dwelling shall not be located in the front yard. (iv) Where a home industry is permitted as an accessory use to a detached dwelling or agricultural operation, the following provisions shall apply: A In addition to persons living on the premises not more than two (2) employees shall be engaged in the home industry; B A home industry may be located in part of a dwelling or in any accessory building located on a lot on which a dwelling is in existence, provided the total gross floor area utilized by the home industry does not exceed a maximum of 140 square metres; C There shall be no display, other than a non-illuminated sign having a maximum surface area of 1.0 square metre; D There shall be no outside storage of goods, materials or articles; E Only motor vehicles associated with the home industry may be parked or stored on the lot in an interior side or rear yard; F A boarding kennel shall not be permitted as a home industry; G Home Industry uses shall not include the generation of or storage of hazardous waste, liquid industrial waste, or any severely toxic contaminant listed in Schedule 3 to Ontario Regulation 347 RSO, 1990. (v) Despite any provision of this By-law, with the exception of those uses legally existing on November 15, 2001, which may continue until the use(s) ceases, the following uses are prohibited within an Area of High Aquifer Vulnerability: A Generation and storage of hazardous waste or liquid industrial waste; B Waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal facilities; 36 -6- ORM F I C Underground and above-ground storage tanks that are not equipped with an approved secondary containment device; D Storage of contaminant listed in Schedule 3 (Severely Toxic Contaminants) to Regulation 347 of the revised Regulations of Ontario, 1990. (vi) Despite any other yard or setback provisions of this By-law to the contrary, all farm and non-farm development for livestock facilities will comply with the Minimum Distance Separation formulae established by the Province in order to minimize odour conflicts between livestock facilities and development. All non-farm development on lots of record existing as of the date of this By-law shall be exempt from Minimum Distance Separation Formulae 1 requirements. (vii) publicly initiated transportation, infrastructure and utilities may be permitted to cross an Oak Ridges Moraine Protection CORM-EP") Zone. (2) (a) Permitted Uses OAK RIDGES MORAINE ENVIRONMENTAL PROTECTION ("ORM-EP ZONE") The Oak Ridges Moraine Environmental Protection ("ORM-EP") Zone represents lands on the Oak Ridges Moraine that are located in a Key Natural Heritage Feature, or a Hydrologically Sensitive Feature and/or the feature's associated minimum vegetation protection zone. No person shall, within any Oak Ridges Moraine Environmental Protection ("ORM-EP") Zone use any lot, or erect, alter or use any building or structure except in accordance with the following provisions: (i) conservation projects and flood and erosion control projects; (ii) publicly initiated transportation, infrastructure and utilities with the exception of stormwater management ponds; (iii) resource management. (b) Zone Requirements ("ORM-EP" ZONE) (i) No accessory buildings and structures shall exceed 10 square metres in area. -7- 37 6. BY-LAW 3037 0, v? 4 Fir . By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this by-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037 as amended. 7. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this day of June, 2009. David Ryan, ANY ;k K Debi A. Wilcox, Clerk 38 0 r~ 0 4OO M'/G~~G~~p OO ~ ~~C3G3~DC~C~ UXBRIDGE PICKE RING TOWNLINE 0 , I 225.1m I , I I I N I I I 115.3m O M-EP I I I , I I I I I I I I I I I , I I , W 60 m Ld z ! ORM-A-2 -J ORM-EP o i 1 n n F____ 1 I Q I I = I I I CONCESSION 9. PART LOT 34 I D Q I 1 I I Y 406.6m ~ I I I O I I I I } I , I I I I 1 I I I I n I I I I I I I I I I , I V ~ I 1 I I I ~ I I 1 I i Q I I I I 1 I , I ; I I I I I I I I I 1 I I I 1 I I I I ~ I I I I I ~ I I ~ I I I I 1 ~ I I 1 I I , I I I I I 1 I I 1 I 1 1 ro SCHEDULE I TO BY-LAW PASSED THIS DAY OF 3 9 1 MMM3. HIP OCP UMENOD(2A u N x. R.. G ?OWN >,..,...0 u fl - c::] nnn~n L~ O SUBJECT PROPERTY a a 'z O a 0 Q 1 REGI~L Q 1 ROIL N0. S City of Pickering Planning & Development Department PROPERTY DESCRIPTION CONCESSION 9, PART LOT 34 -07\ OWNER MIKALDA FARMS LTD. DATE DEC. 15, 2008 DRAWN BY JB FILE No. A 21/08 SCALE 1:10000 CHECKED BY IJ N r~ PN-RUR nat E -priasa I- e d fta a,ppli- All rights R,--d. No! a plop of survey. c 2005 MPAC and Its au Ilara. All r" "t. Raaerv•tl. Not a plan o/ Surve . ATTACHMEW 0 REPORT# PD d' ' D ! 40 INFORMATION COMPILED FROM APPLICANTS REVISED PROPOSED USE AND NATURAL HERITAGE PLAN MIKALDA FARMS LTD. PROPOSED FARM STORE AREA FOR NATIVE MEADOWS - - - FARM ANIMAL SHEDS PATHWAYS - - - - - - - - - - - - - - - -GRAVEL OR MULCH UXBRIDGE P i c SUR]FACE-__----- - REFORESTATION i X AREA y ® .B N G OI S CL BAR I QUONSET BUILDING AREA FOR PONY INFORMAL GRASS PLAY RIDES AREA EXISTING SHED EXISTING MACHINE SHED VE TI o P ES (Al EXISTING DWELLING FOR TATI TREE ~ AK RID NURSER EXISTING GARAGE INE 0 W O c AREA FOR PICNIC, PLAY LOT T AND OUTDOOR 07 m "CLASSROOMS" C -n m T ° N ° REFORESTATI0 Q ° AREA z w m 0 THIS MAP WAS PRODUCED BY THE CITY OF PICKERING, PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SER✓ICES, MAY 7, 2009. ATTACHMENT# TQ ^pnRT INFORMATION COMPILED FROM APPLICANTS REVISED PROPOSED USE AND NATURAL HERITAGE PLAN 4 1 MIKALDA FARMS LTD. _1-_1-_11_11_11_1- r11_,1_11_11_11_1ARF1AFOR FAR. STO .1eL 5y1Tpp11 - FARM SCORE FARM ANIMAL SHEDS NATNEMEADOWS PATHWAYS - J 1 GAA IXMUG -p UXBRI GE P _ - - _ _ _ _ - IC soafACE----- ATTAC H M E - AREA u ® f,., REFORESTATION 1 - ~s may., 1 i 1 1 WONSET BDILDING ; I AREA FOR PONY INFORMAL GR455 PLAY RIDES AREA ! EXISTING SHED 1 V T EXISTING MACHINE SHED i E VA EXISTING DWELLING - II FOR TAT TREE R NURSER 1 INE EXISTING GARAGE £ AREA FOR PICNIC, PLAY LOT I 1 s OHS' i ANDOUTOOOR 'CLASSROOMS' I ± 'CIASS i 1 AEfOAREAATN) AREA ~ I ow mnj y l',a~w 1 I, 1 a) 1 i n m I I IN m i I i TREE NURSERY I I I ~ I I I I I I I I I i I i I 4. , i J~I THIS MAP WAS PRODUCED DY THE CITY OF PICKERING, PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, MAY 8, 2009. SerdiKa Consulting Inc. ATTACHMENT#_.L4-TO 7305 Woodbine Avenue Unit 94 Markham Ontario L7P 4P8 REPORT# PD 8 9 905 771 6169 tel 905 771 9092 fax zori@serdika.ca COVER LETTER ' '2) Ms. Lynda D. Taylor, MCIP, RPP Manager of Development Review Planning and Development Department City of Pickering Date: October 39, 2008 Subject. MINOR APPLICATION TO AMEND CITY OF PICKERING BY-LAW No.3037 & 6640106 TO ALLOW FOR THE OPERATION OF `ENV/ROOT FAMILY TREE NURSERY' AND ENVIRONMENTALLY ORIENTED EDUCATIONAL AND RECREATIONAL PROGRAMS FOR CHILDREN AT 155 UXBRIDGE PICKERING TOWNL/NE IN THE CITY OF PICKERING Dear Ms. Taylor: Following our meeting on September 08, 2008, we are pleased to submit our application to amend City of Pickering By-Law No. 3037 & 6640/06 (A 16/05) to allow for the property uses described herein. We thank you for your cooperation and guidance and are looking forward to working with you throughout this process. A. PROPERTY DESCRIPTION: Property: 155 UXBRIDGE PICKERING TOWNLINE ROLL # 030-001-09200 PART OF LOT 34 CONCESSION 9 CITY OF PICKERING / REGIONAL MUNICIPALITY OF DURHAM Size: 29.3 HECTARES (292,549 SQ.M.) Designations: CITY BY LAW No. 3037 & 6640/06 (A 16/05) ORM-A COUNTRY SIDE AND LINKAGE AREA Owner: MIKALDA FARMS LTD 2350 NEW STREET UNIT 6 BURLINGTON, ONTARIO L7P 4P8 Contact: MRS. CAROL NORTON TEL 905 201 0358 FAX 905 201 8727 B. APPLICATION BACKGROUND: June 12. 2008 Meeting between Mr. Rick Gefaratti, Planner II (COPickering), Mrs. Carol Norton, Property Co-Owner and Ms. Zori Petrova, Applicant's Agent to discuss a `Preliminary Concept Plan' illustrating potential r..q future uses for the 155 Uxbridge Pickering Townline property and to receive feedback on allowable uses. a Enviroot Tree Nursery and Children Programs 1155 Uxbridge Pickering Townline / City of Pickering Application to Amend City of Pickering By-Law No. 3037 & 6640/06 October 31, 2008 SerdiKa Consulting Inc. ATTACHMENT#_~L--TO 7305 Woodbine Avenue Unit 94 Markham Ontario L7P 4P8 HEPORT# 4 P®.-~---- 905 771 6169 tel 905 771 9092 fax zori@serdika.ca COVER LETTER July 04, 2008 'Report on Proposed Low Intensity Recreation Use and Agricultural Use', dated July 04, 2008 and a revised 'Preliminary Concept Plan' submitted to the City of Pickering for review. September 08, 2008 Meeting between Ms. Lynda Taylor, Development Review Manager (COPickering), Mr. Grant McGregor, Principal Planner-Policy (COPickering), Mrs. Carol Norton, Property Co-Owner and Ms. Zori Petrova, Applicant's Agent to review the July 04, 2008 'Report on Proposed Low Intensity Recreation Use and Agricultural Use' and revised 'Preliminary Concept Plan' and to receive guidance on submitting an application to permit the proposed uses. October 06, 2008 Meeting between Mr. Chris Jones, Senior Planner (TRCA) and Mrs. Carol Norton, Property Co- Owner to review the July 04, 2008 'Report on Proposed Low Intensity Recreation Use and Agricultural Use' and revised 'Preliminary Concept Plan' and to receive information on the TRCA regulations affecting the proposed uses. C. PROPOSED USES: 1. Listed below are the proposed uses for the 155 Uxbridge Pickering Townline property, as illustrated on Drawing A2, 'Proposed Use and Natural Heritage Protection Plan', Submission No. 3, dated October 31, 2008. a. 2% of the total area to have small scale institutional use and small scale commercial use within existing structures, allowable additions to existing structures and within allowable new structure(s) in accordance with Section No.40 of the Oak Ridges Moraine Conservation Plan and as further described in Section G.3 herein and illustrated on the 'Proposed Use and Natural Heritage Protection Plan'. b. 20% of the total area to be programmed for 'Low Intensity Recreation' in accordance with Section No.37 of the Oak Ridges Moraine Conservation Plan, as further described in Section G.4 herein and illustrated on the 'Proposed Use and Natural Heritage Protection Plan'. c. 78% of the total area to continue being used for 'Agricultural Use' in accordance with City By-Law 3037 & 6640/06, as further described in Section G.5 herein and illustrated on the 'Proposed Use and Natural Heritage Protection Plan'. D. INTENTS: 1. That the City of Pickering receive this letter, attached supporting materials (see attachments list at end of this letter) and completed application forms for the proposed uses described in Section C herein on the 29.3 hectares (292,549 sq.m.) 155 Uxbridge Pickering Townline property. 2. That the City of Pickering grants approval to amend the City By-Law No. 3037 & 6640/06 to permit the proposed uses described herein and proceed onto the Site Plan Application and N Construction Stages. Enviroot Tree Nursery and Children Programs / 155 Uxbridge Pickering Townline / City of Pickering Application to Amend City of Pickering By-Law No. 3037 & 6640/06 October 31, 2008 SerdiKa Consulting Inc. ATTACHMENT#_..L_TO 7305 Woodbine Avenue Unit 94 Markham Ontario L7P 4P8 REPORT# PD_._L 905 771 6169 tel 905 771 9092 fax zori@serdika.ca 4 COVER LETTER E. DESCRIPTION OF PROPERTY AND PROPOSED USES: G. I Our Goal The way children understand and experience nature has changed radically. Today kids are aware of threats to the environment such as pollution and global warming. However, their physical contact and intimacy with nature is fading. Accumulating research reveals the necessity of contact with nature for healthy child development. Enviroot Kids is a creative collaboration between All About Kids, a camp operator with programs in Durham, Metro and York Region and Enviroot Nurseries, previously known as Tree Transplanting, a family owned farm which has been dedicated to the growing and preservation of Canada's native trees for the last 25 years. The strength of this collaboration is rooted in All About Kids' experience in delivering successful summer camp programs year after year and their shared philosophy with Enviroot Nurseries that a beautiful, healthy natural environment supports healthy family and strong community roots. So together, our goal is to get the children outside and to provide, instead of talk about nature, a chance to experience it and understand why something simple like planting a tree makes a big difference to the health of our planet. Our aim will be to give the children social confidence, a sense of responsibility and respect for the environment and our community. With thoughtful, inspiring programs in the context of a true working tree farm, we will foster leadership in protecting the environment and a feeling that they can make a difference. G.2 Existing Property Conditions: The farm property currently comprises of crop farm fields, existing farm buildings, an existing residential building, areas covered with native Oak Ridges Moraine remnant vegetation (these are relatively small in comparison to the size of the property), a gravel vehicular access road, a hydro service, a ground water well and' a septic system. (see photographs of existing property attached) G.3 Proposed Small Scale Institutional and Commercial Use on 2% of Total Area: Small Scale Institutional: In accordance with Section 40 of the Oak Ridges Moraine Conservation Plan, we propose that the small scale institutional uses consist of the operation of environmentally oriented educational and recreational programs for preschool and kindergarden children during the school year (September - June), followed by environmentally oriented summer camp children programs. There will be two classrooms (one preschool room and one kindergarten room) and associated amenities such as small kitchen and bathrooms. The classrooms and associated amenities will be housed in existing building(s) with renovated interior(s) and possible future addition(s). (see 'Proposed Use and Natural Heritage Preservation Plan' for buildings locations). y tc a. Enviroot Tree Nursery and Children Programs / 155 Uxbridge Pickering Townline / City of Pickering Application to Amend City of Pickering By-Law No. 3037 & 6640/06 October 31, 2008 ATTACHMENT#~TO SerdiKa Consulting Inc. REPORT# PD c~ 7305 Woodbine Avenue Unit 94 Markham Ontario L7P 4108 45 905 771 6169 tel 905 771 9092 fax zori@serdika.ca COVER LETTER The small scale institutional uses and respective educational and recreational programming will be consistent with `Our Goal' as described in Section G.1 herein. The programming envisioned would have been impossible to accomplish within a 'Settlement Area' due to the lack of a natural heritage context. The natural heritage context was the underlying cause for the purchase of this particular property within the Oak Ridges Moraine and commitment to the cause of educating children about the importance of protecting and enhancing Canada's natural heritage. Any new addition(s) to existing buildings will be designed and constructed in accordance with governing regulatory requirements and in a manner which will have no adverse affect to the rural character of the Countryside and the ecological integrity of the Oak Ridges Moraine. Small Scale Commercial: In accordance with Sections 40 of the Oak Ridges Moraine Conservation Plan, we propose that the small scale commercial use consist of the operation of a small farm store for the purposes of selling trees and produce grown on the property. We propose that this use be housed in new, country market type structure(s). (see `Proposed Use and Natural Heritage Preservation Plan' for approximate location). The new structure(s) will be designed and constructed in accordance with goveming regulatory requirements and in a manner which will have no adverse affect to the rural character of the Countryside and the ecological integrity of the Oak Ridges Moraine. G.4 Proposed Low Intensity Proarrammin4 on 20% of Total Area: Careful consideration has been given to ensuring that the programs to be offered will operate in harmony with the Oak Ridges Moraine and the agricultural use of the remaining 78% of the property. Our three main design objectives are as follows: ■ That we make use of all the existing farm buildings (see Section G.6, Buildings) ■ That nature it-self is the playground; and ■ That we ensure child safety at all times. We would maintain most of the existing land as agriculture space and will let children experience a real working farm through our programming. Therefore our modification of the property will be limited to creating the following environmentally sustainable features: • Animals & agriculture - daily activities to help demonstrate care and concern for animals and agriculture. • Horsemanship and riding. • Outdoor "classrooms" - places for interactive discussion, performances, and guest speakers. • Informal open grassed play areas. • Limestone and mulch pathways through the farm: o bird and butterfly walk o native tree walk • Natural obstacle course. Enviroot Tree Nursery and Children Programs / 155 Uxbridge Pickering Townline / City of Pickering Application to Amend City of Pickering By-Law No. 3037 & 6640/06 October 31, 2008 pt 4 E) ATTACHMENTS 1 TO SerdiKa Consulting Inc. REPORT# PO / L 2 7305 Woodbine Avenue Unit 94 Markham Ontario L7P 4P8 905 771 6169 tel 905 771 9092 fax zori@serdika.ca COVER LETTER Awareness of the surrounding ecologically diverse Oak Ridges Moraine will be reinforced through fun interpretive signage. We would like to note that there is no intent to have any lighted, irrigated and storm serviced sports fields such as soccer, baseball, football, play courts, etcetera. The intent is to only have some open grass areas for informal, spontaneous and supervised play. Use of the property will be as follows: • Preschool/kindergarden programs September to June. • Summer camp kids programs from July to August. • Hours of operation will be from 9 to 4pm daily. • Bussing into the camp so there would be relatively little traffic. • Complete use of existing buildings (see Section G.6, Buildings) with improvements for better energy and water efficiency such as: o Solar panels o Living walls, roofs o Eco-flow septic system Materials to be used on the property will be as follows: • Re-usable, recyclable materials: o Reclaimed wood boards for barn, sheds and fencing o Salvaged recyclable plastics only o Natural fibre products • Sustainable landscaping materials: o Low maintenance turf grasses o Native wildflower gardens o Natural fibres for erosion control o Native trees, plants and seeds o Re-claimed wood for fencing and sheds o Trees for wind and sound barriers o Organic vegetable gardens o Outdoor classrooms to be created out of natural stone, logs, trees o Use of rain barrels for watering children's gardens o Compost for fertilizer G.5 Continued AgHcultural Use on 78% of Total Area: A family tree nursery will occupy 78% of the total property area for the purposes of growing trees to be used for landscaping projects. Irrigation operations for the trees will be through the use of the existing on-site water well. Lfa W tZ CZ Enviroot Tree Nursery and Children Programs / 155 Uxbridge Pickering Townline / City of Pickering Application to Amend City of Pickering By-Law No. 3037 & 6640/06 October 31, 2008 ArracHMEnlr# TO SerdiKa Consulting Inc. REPORT# PDT' 7305 Woodbine Avenue Unit 94 Markham Ontario L7P 4P8 47 905 771 6169 tel 905 771 9092 fax zori@serdika.ca COVER LETTER G.6 Preservation of Existing Buildings, Topography, Surfacing and Vegetation: Buildings: All existing buildings on the site will be used. Any necessary improvements to the existing buildings and/or additions will be for the purposes of adapting them for agricultural use, the housing of livestock and for support of the educational and camp programs. Such improvements and/or additions will be designed and constructed in accordance with governing regulatory requirements and in a manner which will have no adverse affect to the rural character of the Countryside and the ecological integrity of the Oak Ridges Moraine. As shown on the `Proposed Use and Natural Heritage Preservation Plan', the proposed uses for the existing buildings will be as follows: Building 1 - agricultural/recreational use. Building 2 - agricultural use. Building 3 - agricultural use. Building 4 - agricultural use. Building 5 - agricultural use. Building 6 - agricultural use. Building 7 - agricultural/small scale institutional use. Building 8 - recreational/small scale institutional use. Topography: Major grading and surface run-off alterations to the existing terrain are not planned for this property. All grading will be for the purposes of defining circulation and maintenance access pathways in working with the existing topography. Pathway, Access Road Surfacing and Parking: All pathways will be non-motorized except for the existing access road which will be used for vehicular entry and exit into the property. All surfaces will be limestone screenings, gravel or mulch. No asphalt or concrete surfaces are intended. Gravel parking areas will be provided with stall numbers that meet governing regulatory requirements. Vegetation: Vegetation removals are not intended but rather vegetation restoration areas are planned at various locations throughout the property. These will be in addition to the nursery tree growth and will be incorporated into the low intensity recreation programs for introduction to Canada's native trees and birds. Enviroot Tree Nursery and Children Programs / 155 Uxbridge Pickering Townline / City of Pickering Application to Amend City of Pickering By-Law No. 3037 & 6640/06 October 31; 2008 SerdiKa Consulting Inc. ATTACHMENT#_.'~_TO 7305 Woodbine Avenue Unit 94 Markham Ontario L7P 4P8 REPORT# PD 905 771 6169 tel 905 771 9092 fax zori@serdika.ca 48 COVER LETTER G.7 Preservation of Oak Ridges Moraine Natural Heritage Features: All proposed uses will be located to respect the limits of the natural heritage features within and along the boundaries of the property. As illustrated on the `Proposed Use and Natural Heritage Preservation Plan', native vegetation restoration is planned within the 30m buffer zones with some non-motorized pathways for passive recreation in limited areas, as permitted by the TRCA. (see TRCA e-mail letter attached) F. COMPLIANCE WITH REGULATORY REQUIRMENTS: The proposed uses for the 155 Uxbridge Pickering Townline property will be in compliance with all governing regulatory requirements such as: 1. City of Pickering By-Law, Official Plan and Site Plan. 2. Toronto Region Conservation Authority. 3. Ministry of Community and Social Services. 4. Durham Public Health. 5. Regulation 170/03 Small Water Works Servicing Designated Facilities. 6. Ontario Building Code. 7. Other, as may be specified through the Zoning Amendment process and Site Plan approval process. G. CONCLUSION: The proposed uses will be under the control of the private owners with established limits for use capacity, at any one time, to maintain compliance with the Oak Ridges Moraine Conservation Plan, City of Pickering Official Plan and Zoning By-law No. 3037 & 6640/06. The uses, as described herein are for the health, common knowledge, and environmental awareness benefit of our future generation and are planned for contribution to the Oak Ridges Moraine's long term preservation and restoration. Our proposed walking trails, outdoor "classrooms", horsemanship, housing of farm animals, etcetera are tools for creating "passive" recreational programs with some allowance for supervised active play on informal grass areas and on play structures. All design and construction will be performed as to not adversely affect the rural character of the Countryside and the ecological integrity of the Oak Ridges Moraine. Our approach to programming and maintaining of the property will be through conservation, restoration, environmental sensitivity and sustainability. ATTACHMENTS: In accordance with City of Pickering's `Planning and Development Application to Amend Zoning By- Law - Instructions and Information', we are attaching six (6) copies of this report and six (6) copies of the materials listed below including plan reductions. 1. Application Forms: Enviroot Tree Nursery and Children Programs / 155 Uxbridge Pickering Townline / City of Pickering Application to Amend City of Pickering By-Law No. 3037 & 6640/06 October 31, 2008 #TO SerdiKa Consulting Inc. ATTACHMENT 7305 Woodbine Avenue Unit 94 Markham Ontario L7P 4P8 REPORT# PD /L O / 49 905 771 6169 tel 905 771 9092 fax zori@serdika.ca COVER LETTER 1.1. Screening Questionnaire for Identifying Potentially Contaminated Sites 1.2. Minimum Distance Separation Form - Not Applicable 1.3. Application to Amend Zoning By-Law 2. Correspondence from TRCA, dated October 09, 2008 summarizing TRCA requirements. 3. Soils Report. 4. Property Deed. 5. Plan of Survey for 155 Uxbridge Pickering Townline - Drawing Al. 6. Proposed Use and Natural Heritage Protection Plan - Drawing A2. 7. Schedule 1 to By-Law 3037 Amendment No. 6640/06. 8. Photographs of Existing Property. We thank you for accepting our application and look forward to hearing from you very soon. Sincerely: Ms. Zorl etrova, Landscape Architect OALA.CSLA SerdiKa Consulting Inc. for M/KALDA FARMS LTD. 00 U c. Enviroot Tree Nursery and Children Programs / 155 Uxbridge Pickering Townline / City of Pickering Application to Amend City of Pickering By-Law No. 3037 & 6640/06 October 31, 2008 ATTACHMENT#®-TO REPORT# PD.,-/-,? 50 I KE RI INFORMATION REPORT NO. 02-09 FOR PUBLIC INFORMATION MEETING OF February 2, 2009 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment - A 21/08 Mikalda Farms Ltd. 155 Uxbridge Pickering Townline Road (Part of Lot 34, Concession 9) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the south side of Uxbridge Pickering Townline Road east of Markham Pickering Townline Road (also known as Durham Road 30) (see Attachment #1); the subject property is approximately 29.3 hectares (see Applicant's Submitted Plan, Attachment #2); one detached dwelling, a large barn, a machinery shed and a Quonset building along with smaller out buildings occupy the site currently being used for agricultural purposes; the surrounding land uses are: north - two lots with residential dwellings and the Township of Uxbridge; south - agricultural land; west - agricultural land and the Town of Markham and the Town Whitch urch-StouffviIle west of the Markham Pickering Townline Road; east agricultural land. ATTACHMENTA Information Report No. 02-09 REPORTS PD A ~ " Page 2 51 2.0 APPLICANT'S PROPOSAL - the applicant has requested to amend the zoning by-law to add low intensity recreational uses with accessory small-scale environmental education facilities as a permitted use on this site in the Agriculture "A" zone; - the City of Pickering is currently awaiting Ministry of Municipal Affairs and Housing approval of the Oak Ridges Moraine Conformity Zoning By-law Amendment which does not permit low intensity recreation uses within the `ORM A" zone; - should the Ministry of Municipal Affairs and Housing approve the By-law Amendment prior to adoption of any zoning by-law amendment resulting from this application, an amendment to permit low intensity recreational uses in the "ORM A" zone will also be required for the subject property; - the subject site is intended to be used for the following purposes: a. the majority of the site is to remain in agricultural use (native tree cultivation). The owner intends to construct a small ancillary commercial outbuilding in proximity to Uxbridge Pickering Townline Road, to be used primarily for the sale of trees grown on site (see attachment #3 b. a small portion of the property in close proximity to the existing buildings is for low intensity recreational uses; c. small scale institutional uses, supplementing the low intensity recreational uses, are intended to be conducted within existing renovated structures. These uses include programs for preschool and kindergarten classes emphasising education on environmental conservation from September to June and day camp programs during the summer months with operating hours between 9:00 am and 4:00 pm. 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - the Regional Plan designates the subject property Greenlands System -Oak Ridges Moraine Area with the largest portion being Countryside Area and a small portion running along the property's eastern boundary designated as a key natural heritage system and hydrologic feature; - Countryside Areas provide for the continuation of agricultural and other rural land uses including small-scale commercial and recreational uses; - the proposal complies with the Durham Regional Official Plan; 3.2 Pickering Official Plan - the City of Pickering Official Plan designates the subject property Oak Ridges Moraine Countryside Areas and Oak Ridges Moraine Natural Linkage Areas; - these areas are intended primarily for agricultural uses including growing both nursery and horticultural crops; - the Plan further permits complementary and supportive agricultural uses including roadside produce stands retailing products from the farming operation; Information Report No. 02-09 ATTACHMENT# cT0 Page 3 REPORT# PD 1 - other uses permitted include conservation, environmental protection, restoration, low-intensity recreational and similar uses; - the site lies within an Identified Area of Influence in the Oak Ridges Moraine Conservation Plan; - the Plan requires the assessment of the impact of the development on the natural heritage features within the Oak Ridges Moraine Natural Linkage Area; - the applicant has submitted a Proposed Use and Natural Heritage Protection Plan to address this requirement; - the proposal complies with the Pickering Official Plan. 3.4 Zoning By-law 3037 - the subject property is currently zoned 'A'- Agricultural Zone; - the City endorsed the Oak Ridges Moraine Conformity Zoning By-law Amendment in 2006. - the Oak Ridges Moraine 'A' - Agriculture zone for the subject property requires amendment to permit the low-intensity recreational and accessory educational facility uses; - the applicant requests to amend the existing zoning to add low intensity recreational uses with accessory small-scale environmental education facilities. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - none received to date; 4.2 Agency Comments - none received to date; 4.3 City Department Comments - Development Control - no objections (see Attachment #4); 4.4 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • reviewing the Proposed Use and Natural Heritage Protection Plan to ensure no adverse impacts on the environment; • ensuring that the proposed development is compatible with and sensitive to existing surrounding development, including traffic, noise, level of activity, scale and intensity of the uses; • reviewing the application in terms of its level of sustainable development components; Information Report No. 02-09 ATTACHMENT#.Page 4 REPORT# PD Z _ U 53 • reviewing the application in terms of the constraints and benefits the proposed use will have on both the subject property and on the surrounding community, given the function of the surrounding community; • reviewing that adequate information has been provided, that technical requirements are met and that the proposed development is appropriate at this location. 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 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. 6.0 OTHER INFORMATION 6.1 Appendix No. I • List of neighbourhood residents, community associations, agencies and City Departments that have comments on the applications at the time of writing report; 6.2 Information Received • Full scale copies of the Applicant's submitted Proposed Use and Natural Heritage Protection Plan are available for viewing at the offices of the City of Pickering Planning & Development Department; 6.2 Company Principal - the owner of the subject property is Mikalda Farms Limited; - Carol Norton is the applicant and co-owner of Mikalda Farms Limited. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Isa James Lynda Taylor Planner II Manager, Development Review IJ:jf Attachments Copy: Director, Planning & Development ATTACHMENTo Excer is from Planning & Development AAA- 4 REPORT# PO p Committee Meeting Minutes Monday, February 2, 2009 7:30 pm - Council Chambers Chair: Councillor Johnson. (1) PART W- PLANNING INFORMATION MEETING 2. Zoning By-law Amendment A 21/08 Mikalda Farms Ltd. 155 Uxbridge Pickering Townline Road (Part of Lot 34, Concession 9) City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Lynda Taylor, Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also noted that if a person or public body does not make oral or written submissions to the City before the 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. Isa James, Planner II, gave an overview of zoning amendment application A 21/08. Carol Norton, the applicant appeared before the Committee in support of zoning amendment application A 21/08. Ms. Norton stated that the majority of the site would remain agricultural for the growing and selling of native plantings. She also noted that they wanted to provide an educational and recreational component to the property for children and introduce to them education on environmental conservation. No members of the public in attendance at the public information meeting spoke in support or opposition to zoning amendment application A 21/08. 1 ATTACHMENT# 7 TO REPORT# PD 1 0 January 19, 2009 5 5 Isa James, Planner II ' Planning - Development Review City of Pickering C3T s~ 'r G a r3 i,a One The Esplanade .AN f3N r :r Pickering, Ontario The Regional L1 V 6K7 Municipality of Durham Ms. James: Planning Department 605 ROSSLAND ROAD E Re: Zoning Amendment Application A21/08 4TH FLOOR Applicant: Mikalda Farms Ltd. PO BOX 623, Location: 155 Uxbridge-Pickering Townline Rd. WHITBY ON L1 N 6A3 Part Lot 34, Conc. 9 CANADA 905-668-7711 Municipality: City of Pickering " ax: 905-666-6208 E-mail` planning@ We have reviewed this application to amend the zoning on the above noted region. durham.on.ca property. The following comments are offered for your consideration. www. reg i on. d u rh am. o n. ca A.L. Georgieff, MCIP, RPP The purpose of the application is to amend the zoning on the subject property to Commissioner of Planning permit a small scale institutional/commercial use and low intensity recreational uses. The site is currently zoned Agriculture 'A' and Oak Ridges Moraine - Agriculture '0RM A'. - Regional Official Plan The majority of the subject lands are designated "Oak Ridges. Moraine - Countryside Area", and the eastern portion designated "Oak Ridges Moraine - Natural Linkage Area in the Durham Regional Official Plan. Oak Ridges Moraine Countryside Areas shall provide for the continuation.of agricultural and other rural land uses. Low intensity recreation and institutional uses are permitted within this designation. Oak Ridges Moraine - Natural Linkage Areas are to be maintained, improved and restored to the ecological integrity of -the Moraine. Based on the information provided, this proposal to permit small scale institutional/commercial and low intensity recreational uses within the lands designated Oak Ridges Moraine - Countryside Area is permitted by the Plan. The subject lands contain "Key Natural. Heritage and Hydrologic Features" as identified in Schedule 'B'- Map'B1d' of the Plan. Section 2.3.1.4 of the Plan indicates development is not permitted in key natural heritage and/or hydrologic features. In accordance with section 2.3.16 of the Plan, this Department advises that an environmental impact study (EIS) or a Natural Heritage Evaluation be completed to identify the appropriate vegetation protection zone. Regard shall be had from the Toronto and Region Conservation Authority (TRCA) on proper mitigation measures. The subject lands are within lands designated "High Aquifer Vulnerability Area", as shown on Schedule 'B'- Map B2' of the Plan. Section 2.3.31 of the Plan indicates "service Excellence proposed high risk land uses within a high aquifer vulnerability area shall be for our Communities" accompanied by a contaminati®management that defines the approach to protect water resources. The lawposed uses will not result in a high risk use. ATTACHMENT _2. TO REPORT# Q0 LL_ :O I The northern portion of the subject lands are within a "Wellhead Protection Area", as shown on Schedule 'B'- Map 'B2' of the. Plan. Section 2.3.25 of the Plan indicates land uses that pose a risk to the quality and quantity of groundwater .within the wellhead protection areas are prohibited or restricted. In particular, the proposed 'Farm Store - New Country Market Type Structure' and the 'Area for Farm Animal Shed' on drawing no. 'A2' may be within the wellhead protection area. A hydrogeological investigation and/or a contaminant management report to assess whether the proposal will be a potential risk to groundwater within the groundwater protection area shall be completed for the Region's review. Provincial Policies & Delegated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. Oak Ridges Moraine Conservation Plan (ORMCP) The subject lands are within the Countryside and Natural Linkage Areas of the ORMCP. Section 40 of the ORMCP permits small-scale commercial and institutional uses provided they are supportive of/or complementary in Countryside Areas, and do not require large-scale modification of terrain and/or vegetation. Portions of the subject lands contain key natural heritage features as defined in section 22 of the ORMCP. A Natural Heritage Evaluation shall be completed. Further, section 28 of the ORMCP prohibits the following uses on wellhead protection areas: - petroleum fuels; - petroleum solvents and chlorinated solvents; - pesticides, herbicides and fungicides; - construction equipment; - inorganic fertilizers; road salt; and contaminants listed in Regulation 347 of the Revised Regulations of Ontario. Minimum Distance Separation The applicant has submitted an incomplete 'Minimum Distance Separation' (MDS) form: Please forward a copy of the completed and signed MDS form to the Region for review. There are no matters of provincial plan review interest applicable to this application. Servicing Municipal water supply and sanitary sewers are not available to the property and the Region has not made provision in its Capital Budget for extending said services to this location. ATTACHMENT# -Z-TO HEPORT# PD Z - O 57 The subject site is serviced by a private well and private waste disposal. The Regional Health Department will require the following information: 1.. Details of the proposal including the Total Daily Design Sewage Flow for the property; and 2. A detailed site plan indicating the existing and proposed location of all structures, well(s), and private sewage disposal system envelopes (including prime and reserve areas). Please contact me should you have any questions or require any additional information regarding this matter: Yours truly, Hi ry Tang, Planner Current Planning cc: Regional Works Department - Pete Castellan Regional Health Department - Karl Kiproff ATTACHMENT#-L-TO Calf 0~ REPORT# PD P-ICKERING MEMO To: Isa James January 13, 2009 Planner II From: Robert Starr Supervisor, Development Control Copy: Coordinator, Development Approvals Subject: Zoning By-law Amendment Application A21/08 Mikalda Farms/Carol Norton 155 Uxbridge-Pickering Townline Road Part of Lot 34, Concession 9 City of Pickering We have reviewed the documents submitted in support of the Zoning By-law Amendment Application and provide the following comments: 1. We have no comments at this time with respect to the Zoning By-law Amendment Application. We will provide comments during the Site Plan Application phase with regards to Grading and Drainage, Stormwater Management and Construction Management. 2. Any site works prior to approval of the Site Plan Application would require compliance with the City's Fill and Topsoil Disturbance By-law. A copy of the By-law should be forwarded to the applicant. 3. Any works required external to the site may require the applicant to enter into an agreement with the City. JAN-19-2009 MON 11;11 AM veridian FAX NO. P. 02 ATTACHMENT mpom PD ~e - 0 2 5 9 VRIDIAN CO N C C T I O N S DEVELOPMENT APPLICATION REVIEW PROJECT NAME: Nlilcalda 1~arms / Cntol Norton ADDRESS/l?IAN: 155 Uxbridge-Pickering Townline Road (Part of Lot 34, Concession 9) MUNICIPALITY: Pickering REP NO.: A 21/08 SUBMISSION DATE: January 8, 2009 '(1me following is an ovcl"ew of the general requ.itements the Applicant is likely to meet .in order to ob1.-1= a complete electrical power supply system to this site and within the site where subdivision in some farm is involved, The comments below are based on prelimin:uy infonnatiori only anal are subject to revision. In all cases Veridian's standard Conditions of Service doctunent sel:s out the requirements, terms and conditions for the provision of electric setviee. "Chia review does not constitute an Offer. to Connect. 1. Veridinn has no conuncn.t on this application. ,Cecluiical Representative: Kevin Philp Telephone, Ext. 3264• PP/df P:\clfrizzcll\Developinent.Apl.)4cation Review\Pickering\2008\M4calda Fanns - 155 Uxbridge Pickering':Cownline Road.doc ATTACHMENT#-LP.-T 0 REPORT# PD ' - 0 James, Isa From: Chris Jones [cjones@trca.on,ca] Sent: May 7, 2009 10:45 AM To: James, Isa Cc: Brian Storozinski; Steve Heuchert; Lisa Roberti Subject: 155 Uxbridge/Pickering Townline Road (Mikalda Farms/Carol Norton) A21/08 Importance: High Isa: Staff at the TRCA have now had an opportunity to review the revised Proposed Use and Natural Heritage Protection Plan, Drawing A2, prepared by Serdika Consulting Inc. We find that the plan is satisfactory and should provide for the long-term protection and enhancement of all key natural heritage and hydrologic features on the subject lands. There are no requirements to obtain a permit from TRCA pursuant to Ontario Regulation 166/06 based upon the uses proposed and the locations of uses, as set out on the protection plan. Accordingly, TRCA staff have no further comments with respect to the proposed Zoning Amendment Application A 21/08 and do not object to approval of same. Please contact me if you have any questions regarding this email. Thank you, Chris Jones, MCIP, RPP Senior Planner Planning and Development Toronto and Region Conservation Authority 5 Shoreham Drive Downsview, Ontario M3N 1S4 Phone: (416) 661-6600 ext. 5718 Fax: (416) 661-6898 cjonesatrca.on.ca www.trca.on.ca ATTACHMENT#~TO 61 James, Isa REPORT# PD__ 4 0 1---~ From: Carol Norton [carol.norton@sympatico.ca] Sent: February 11, 2009 2:07 PM To: James, Isa Subject: Mikalda Farms Good afternoon Isa, Further to our conversation on Monday, Feb 9th, I am writing to clarify the intent of Mikalda Farms' by-law amendment application. I misunderstood the zoning process, and had believed that because the ORM plan does allow for institutional zoning ie. schools at our particular property that we could include this in the our current application. After reviewing the Official Plan further I do see that this is not allowed under the OP itself and that in order to do so we would need to do an official plan amendment. . As I mentioned in our recent conversation, our objectives at this time are to be able to operate a summer outdoor camp program and a small commercial operation where we can sell our produce. 'Nerefore I am writing to confirm that our existing application for an amendment to the by-law no. o037 & 6640/06 does not include any plans for a daycare facility. If you require any further clarification I can be reached at 905-201-0358. Thank you for your assistance with this matter. Carol Norton 1