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January 13, 2003
PICKERING AGENDA PLANNING COMMITTEE JANUARY 13, 2003 PICKERING Planning Committee Meeting Agenda Monday, January 13, 2003 at 7:30 p.m. Chair: Councillor Pickles (I) ADOPTION OF MINUTES Meeting of December 9, 2002 (11) 1. DELEGATIONS Representatives of the Greater Toronto Airport Authority will address the Committee with respect to its planning process. (111) 1, MATTERS FOR CONSIDERATION PLANNING & DEVELOPMENT REPORT PD 41-02 (ADDENDUM) ZONING BY-LAW AMENDMENT APPLICATION A 4~02 JOHN TAYLOR TRUCK SALES INC. 3356 BALSAM ROAD SOUTH PART OF LOT 5, CONCESSION 5 REFERRED TO STAFF AT THE PLANNING COMMITTEE PAGE 1-32 MEETING OF SEPTEMBER 9, 2002 TO STUDY THE ISSUES STATED BY THE RESIDENTS PLANNING & DEVELOPMENT REPORT PD 06-03 FRED CAMPETELLI, TRUSTEE (COMMERCIAL DEVCO INC./ROCKPORT GROUP) SOUTHEAST CORNER OF VALLEY FARM ROAD AND DIEFENBAKER COURT PART LOT 20, CONCESSION 11 AND BLOCK 111 PLAN 40M-1231 33-51 P!CKERING Planning Committee Meeting Agenda Monday, January 13, 2003 at 7'30 p.m. Chair: Councillor McLean PLANNING & DEVELOPMENT REPORT PD 02-03 622530 ONTARIO INC. 1745 FAIRPORT ROAD 901-905 DUNBARTON ROAD LOT 124 AND LOT 125, PLAN 1051 52-57 PLANNING & DEVELOPMENT REPORT PD 01-03 ROAD DEDICATION/ROAD NAMING SEAN REGAN DEVELOPMENT GROUP LIMITED PART OF LOT 20, CONCESSION 1, DESIGNATED AS PART 1, PLAN 40R-21531 VALLEY FARM ROAD 58-63 (IV) CORRESPONDENCE Members of Council may formally table an item of correspondence that has been circulated by the Mayor, CAO, Clerk or other staff person. (V) ADJOURNMENT I-'ICKEI dNG RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 4/02. be APPROVED subject to conditions outlined in Appendix 1 to Addendum to Report No. PD 41-02. to recognize the existing automobile recycling operation, submitted by John Taylor Truck Sales Inc., at 3356 Balsam Road, being the south Part of Lot 5. Concession 5, City of Picketing. PICKERING REPORT TO PLANNING COMMITTEE Addendum to Report Number: PD 41-02 Date: December 30, 2002 From: Nell Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 4/02 John Taylor Truck Sales Inc. 3356 Balsam Road South Part of Lot 5, Concession 5 Recommendation: That Zoning By-law Amendment Application A 4/02, be APPROVED subject to conditions outlined in Appendix I to Addendum to Report No. PD 41-02, to recognize the existing automobile recycling operation, submitted by John Taylor Truck Sales Inc., at 3356 Balsam Road, being the south Part of Lot 5, Concession 5, City of Pickering. Executive Summary: The applicant requests a change to the zoning by-law to recognize the existing legal non-conforming automobile recycling operation. Through the Committee of Adjustment the owner received approval to expand the existing use. The owner now wishes to rezone the property in order to formally recognize the existing use and obtain zoning property rights (see Location Map, Applicant's Submitted Plan, Attachments #1 & #2). At the September 9th, 2002 Planning Committee Meeting, the application was referred back to staff in order to respond to certain issues that were raised. The issues were investigated and are addressed in this report. Following the review of the submitted environmental information from the applicant and discussions with the Ministry of the Environment it was concluded that it is appropriate to zone the site to recognize the existing use. The application is recommended for approval to recognize a long-standing use. If the application is approved, the owner will proceed with improvements to the property as outlined in the existing site plan agreement. An amendment to the site plan agreement will be required to address certain proposed changes to the site. The implementing zoning by-law proposes an (H) holding provision to ensure outstanding matters are addressed prior to the zoning being applicable to the site. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Addendum to Report PD 41-02 Subject: John Taylor Truck Sales Inc. (A 4/02) Date: December30,2002 Page 2 Background: 1.0 Application On September 9, 2002, the Planning Committee considered Report No. PD 41-02 that dealt with the subject application (see Attachment #3). This report recommended approval of the subject application subject to conditions. At the Committee meeting six (6) area residents spoke in opposition to the applications. Various issues were raised and are identified in the minutes of the meeting (Attachment #4). At the conclusion of the meeting the application was referred back to staff to review the issues raised by the residents and require that the applicant undertake an environmental audit to the satisfaction of the City. 2.0 Discussion 2.1 Response to Issues Identified Request for Environmental Reports / Site Contamination The applicant has submitted two reports to the City. The first report is a Phase One Environmental Study and Phase Two Environmental Subsurface Investigation (June 2000) prepared by the Environmental Management Group Ltd. The second report is a Sewage Disposal System (April 2001) report prepared by Hydro-Geo Limited. The submitted Phase One Environmental Study and Phase Two Environmental Subsurface Investigation state that there is evidence of petroleum hydrocarbon impacts present in several areas of surface staining of the soil, all field and lab test results consistently indicate that the concentrations are consistently below the prevailing Ministry of the Environment Guidelines for required remediation and cleanup. The Ministry of the Environment was contacted and they have advised that they checked their records and no violation or enforcement has occurred on the subject property against the current operator. The Ministry of the Environment has received complaints, however upon investigation no evidence of a violation has been found. Elements of the business, dealing with the disposal of used fluids, is conducted through a company known as Safety Clean, who operate with a permit from the Ministry of the Environment. The second report dealt more specifically with the sewage disposal system. This report also considers the hydro geological and soil characteristics of the site. The findings of the report indicate that the property can support a new septic system for the new building. This septic system and a new well have been installed, with health unit approval. Addendum to Report PD 41-02 Subject: John Taylor Truck Sales Inc. (A 4/02) Date: December 30, 2002 Page 3 The City has reviewed these reports and finds that the recommendations are acceptable and provides appropriate information on the subject property. History of Fires on the Site Pickering Fire Services has advised that they have responded to the property as a result of complaints. However, none of the responses were considered substantial in nature (no loss of life or serious injury, significant environmental impacts or major loss of property). Traffic on Balsam Road Comments related to the road design and type of traffic on the road was expressed. With respect to the City posting signs on the road that limits the size of vehicle that is permitted was investigated and noted that the only restrictions that have ever been posted relate to limiting the vehicle size to five (5) tonnes per axle during March and April. In terms of road design, Balsam Road is a rural cross-section gravel road that is maintained by the City. The City has not considered any up-grades to the road at this time as a result of this application. Site Characteristics Concerns have been expressed related to certain site characteristics such as lights, fencing, ponds, the original building, and the area on the property where auto recycling will be permitted. The majority of these matters are considered and dealt with in the site plan agreement, which is being recommended to be amended in order to address certain site matters. Lighting: The site plan agreement will address property lighting, taking into consideration both the needs of the property owner in terms of security as well as the needs of the abutting property owners in terms of light spill-over. Fencing: The owner is responsible to maintain the property fencing and it is being recommended that certain site fencing be improved in order to provide an appropriate level of screening. In the original report (PD 41-02) staff recommended the construction of a 1.8 metre high fence along a portion of the northern property. The height of the fence should be increased to 2.0 metres to ensure the fence is in compliance with the requirements of the Business Licensing By-law No. 1887/84, as amended. Furthermore the owner should construct a new 2.0 metres high wood fence along the southern property line as generally shown on Attachment #2. This fence is required in order to provide an appropriate level of screening between the conflicting land uses. Addendum to Report PD 41-02 Subject: John Taylor Truck Sales Inc. (A 4/02) Date: December 30, 2002 Page 4 3.0 Ponds: The existing site contains stormwater management ponds along the southern property line. These ponds are required as part of the original site plan agreement in order to appropriately attenuate on-site stormwater run-off. Auto Recycling: As part of the subject application the owner intends to remove the original old building. Staff are recommending that the area of the old building be appropriately landscaped when it is removed. The area on the property where auto recycling will be a permitted use will be controlled in the amending zoning by-law. A portion of the property will be zoned to an appropriate open space zone that would prohibit uses such as auto recycling. The area that will be zoned to permit auto recycling will be reflective of the area on the property where the use currently exists. A maximum gross floor area will be established to reflect all buildings on site. Business Operations Concerns have been expressed related to how the business operates. Issues such as noise, dust and the delivery of vehicles to the property have been mentioned. It is noted that the City of Pickering has a licensing by-law that governs the operations of salvage yards. This by-law contains certain performance standards that must be complied with prior to the issuance of a business licence. The performance standards include matters related to dust and traffic. The current business operator has not had any violations regarding this by-law and the City has renewed the business licence. In terms of the delivery of vehicles, it is being recommended that the site plan include an after-hour drop-off area that is appropriately designed and screened from public view. This will be a requirement of the amending site plan agreement. The front yard of the site must be completed to incorporate the parking lot and landscaping. Applicant's Comments The applicant is aware of the recommendations of the report. Appendices: Appendix 1. - Recommended Conditions of Approval Addendum to Report PD 41-02 Subject: John Taylor Truck Sales Inc. (A 4/02) Date: December30,2002 Page 5 Attachments' 1. Location Map 2. Applicant's Submitted Plan 3. Report PD 41-02 4. Planning Committee Meeting Minutes, September 9, 2002 Prepared By: Approved Endorsed By: Ross Pym, MCIP, RPF~": Principal Planner- Development Review Neil Ca~-r:oll, r~c!~, I~t~P Director, Planning& Development Lynda D. Taylor, ~cIP, RPP Manager, Development Review RP:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickerin g c~it~C~C i I ,- ,," ,,/, '"'~1 / '~'-~ ,;' ~ '-- ~ ~ / © L. Tb6m~s J. Q~inn, Chief Adm~ative Officer Appendix I to Addendum to Report Number PD 41- 02 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 4/02 (a) That the implementing zoning by-law: (i) amend Zoning By-law 3037 by amending the zoning on the subject property to permit the establishment of an auto recycling operation on a portion of the subject site and zone the remainder of the site open space. (ii) include appropriate performance standards that recognize the proposed buildings, such as; limit the maximum gross floor plan of all buildings on site; identify a building envelope and identify an outdoor storage area. include an "(H)" holding provision and that the requirement to remove the "(H)" holding symbol be: the owner construct 2.0 metre high wood privacy fencing along a portion of the northern and southern property line as shown on an approved site plan, to the satisfaction of the Director, Planning & Development; and, the owner enter into an amending site plan agreement with the City that reflects the required changes to the site design including but not limited to; removal of original building and breezeway connection; privacy fence along portions of the north and south property lines; appropriate landscaping in the front yard; and the creation of an appropriate vehicle drop-off area that is screened from public view. SIXTH CON. I./'. . ~c¢'-''~/ / // ./,,oe.0/ /i / / ;TAXTON City of Pickering SUBJECT PROPERTY Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 5, CONCESSION 5 .-/,, APPLICANT JOHN TAYLOR TRUCK SALES INC. i D&TE APR. 11,2002 ! DRAVVN Fg¥ RC APPLICATION No. A 04../02 $$ALE !:10000 I CHECKED BY R P /V ':OR DEPARTMENT USE ONLY PN-RURAL PA- OCI< P!CKERIN REPORT TO THE PLANNING COMMITTEE Report Number: PD 41-02 Date: August_s2, 2002 From: Nell Carroll Director, Planning & Deve'opment Subject: Zoning By-taw Amendment Application A 04/02 John Taylor Truck Sales Inc. 3356 Balsam Road South Part of Lot 5, Concession 5 Recommendation: That Zoning By-law Amendment Application A 04~02, be APPROVED subject to conditions outlined in Appendix I to Report No. PD 41-02, to recognize the existing automobile recycling operation, submitted by John Taylor Truck Sales Inc., at 3356 Balsam Road, being the south part of lot 5, concession 5, City of Pickering. ~..e..~t, ye .~ummary: The applicant requests a change to the zoning by-law to recognize the existing legal non-conforming automobile recycling operation. The existing use is considered a legal non-conforming use in that it predates the by-law. Over the years, the owner has made applications to the Committee of Adjustment and received approval to permit the expansion of the existing use. The owner now wishes to rezone the prope~y in order to formally recognize the existing use and obtain zoning property rights. (See Location Map, Applicant's Submitted Plan, Attachments #I & #2). The application is recommended for approval to recognize a tong-standing use. If the application is approved, the owner will proceed with improvements to the property as outlined in the existing site plan agreement. An amendment to the site plan agreement wi!! be required to address ce~ain proposed .changes to the site. No di .... ' r , ,--,~ , e.~,. cos':s ts rne ,~,,.v are anticipated.~.~- a .~-~,, :?~,~,. o¢. the p.roDos"~ . .~, .dm/~ir~nm~r~~ ... .,. ,- , ._. ,, Report to Council PD 41-02 Subject: John Taylor Truck Sales Inc. (A 4/02) Date: August 22, 2002 Page 2 J.i Background: 1.0 Comments Received 1.1 May ! 6, 2002 Information Meeting At the Information Meeting five.(5~? residents spoke in opposition to the application (see text nf ..... Information Repo~ ~x rq.,~+i~g ~,~l,nuL.~,, ~ a++o,-~.~-,o.~+o #3 and '~'~ Residents Opposed - poor property management - delivery of vehicles at night, after business is closed - outdoor storage that is visible from the street - increased traffic 1.2 Resident Correspondence One correspondence received in opposition to the appiication, concerns expressed: - environmental impacts on water quality due to the storage of oid vehicles - poor property management - visible outdoor storage - land use not compatible with residential land use proposed for nearby iands (Fourteen'- * ,~ ~ ~_s,at~s/~orclay Estates - (see Attachment 5) 1,3 Agencies Durham Planning Department compiles witn Regional Plan poiicies site in proximity to tributary of Carruthers Creek and former Lake Iroquois shoreline and an adequate buffer should be provided Toi*onto and Reaion Conservation Author?.,. no objections Durham D.o. ~., .bcnooi Board - nc obiections Report to Council PD 41-02 Subject: John Taylor Truck Sales Inc. (A 4/02) Date: August 22, 2002 Page 3 1.4 City Departments Municipal.Property, & Engineering information should be provided on the storage of any hazardous material the abutting road is not conductive to the operation of proposed use; a cash-in lieu contribution to upgrade the road to a hard sun::ace ' ,--ii v ,~. . 1-a,_..I,t~ ~ reouired Following receipt of comments from Municipal Property & Engineering staff discussed the comment regarding the cash-in lieu contribution to upgrade the road. The request was for a contribution of $500 per metre of frontage. The subject property has a frontage of 125 metres. Therefore, the required contribution would be $62,500. However, given that the purpose of the subject application is to recognize a long-standing existing use, as opposed to new development, it was determined that a contribution for road improvements would not be required as a condition of approval. 2.0 Discussion 2.! Status of Existing Legai' - "' : ' No~,-~on~orm~ng Use The existing use is permitted on the subject property as it is a legal non-conforming use. This use may remain on the subject site, without the subject application, provided the auto recycling use continues to operate out of the existin.q building. ~ h~. owner has, in the pCs,., mace app,,,~o.ons to the Committee of Adjustment to permit the expansion of the existing use, the last application being in 1999 (file P/CA 78/99). The Commi~ee of Adjustment could only permit the expansion of '~'- ~'~ ~ + the existing building must the existing building and not the ,~pla~m~n,, as remain in order to maintain,~a,~ ~ ~ ~ ~- ~ no,,-~onio~min,3 status. The owner, as a condition of the Committee of Adjustment approval, entered into a site plan ag ..... m~n~ with the ,¢~y and nas constructed '~* t,~= new expansion with the ~x,¢u~on of u~e required "bree:ewa~ connection between the old and the new building and ce~a~n site impro~ements. '~ .... c ud~%~ fencing and '~ ~andscap~ng. The owner nas advised t~at the old building is no longer functional and wishes to aen~o~sn .... i~ ~r, demolishing the o;~ 3u~o~ng, the "breezeway" connection the. b, ~ ..... ,,~ would not be necessa?. However, remova~ of the old building would not be. in kee~ing, with the ,~,,~=~,, ,,,~ of Adjustment appro~a or the site plan agreement, and would eliminate the legal non-conforming status of the prope~y. The owner wishes to n ~ ~onc .... the building construction requirements and ~n~n finish the site improvements as per the site plan agreement. Report to Council PD 41-02 Subject: John Taylor Truck Sales inc. (A 4/02) Date: August22,2002 Page 4 2.2 Compatibility with Surrounding Land Uses When considering land use compatibility, the usual consideration is whether a new use that is being introduced into an area is compatible with the existing uses. In the case of the subject application, the use proposed by the application has been in operation for a long time. There is no new use being introduced. The purpose of the application is to recognize the existing situation. Any impacts on the surrounding area may be mitigated through certain site improvements, through a site plan agreement. Site Plan Requirements The property is subject to an existing site plan agreement that requires certain improvements to the property, such as the erection of a fence and the establishment of a landscape area at the front of the property. Not all of the site improvements have been completed to date. tf approved, an amending site plan agreement will be a requirement to reflect the elimination of the existing building and the incorporation of additional site improvements. As a condition of approval, it is recommended that the owner be required to erect a 1.8 rnetre high wood privacy fence along the northern property line, starting from the front of the new building and extending approximately 115 metres in length. This fence will also be required to provide a 'tie back' to the new building. On the south side of the recommended fence there is a proposed landscape buffer zone that will be "~,,',~ ~ wv ,v.~,vd to .~"' planted with high branching coniferous trees. The required additional planting of coniferous trees is in addition to the required planting that is to be ~ ~ ' ~.omp,uL~a as per the existing site plan agreement. The proposed privacy fence and the additional planting has been introduced to help screen the auto recycling operation from the abutting residential use (See Attachment #2 for location of proposed fence and trees). It is further recommended that the landscape area at Ln~ front of the building be appropriateiy established in such a fashion that it will not be used for vehicle drop-off. The area where the originai building sits should be appropriately landscaped when the building is demolished. If the propea}' owner' intends to: ~ecei~.'e ,,'ehicies in non-traditional Pusiness hours .i't~ ' , the owner ~n~ be reou~rea to estabiish an appropriate drop-off location on the :,nu .... ~nr==n=*; from ~,ublic vi=w ~ he ~' ~' e,.isdn~ practice of having ' =' '~'=~ ~, o,,. _ ¢~n~ dropped off in ~ .... nf .... the building after business hours ;~ nnt considered appropriate. T~ '.~ · , =~ - ~ , , ~¢ 7.,un~ of the building will be deve~op~: with a tor,,,a~ parking lot and landscaped area. This area should not be used for vehicle drop-off. Th=~=, ~, ~,~, ~, to address the concern, a specific area must be identified as an after-hour drop-off area that is appropnate~y ues~gnea and screened from pubiic view. This drop-off area wilt not be permitted in the front yard of the prope~iy. This will be a requirement of the =m~na~ng site plan agreement. Report to Council PD 41-02 Date: August 22, 2002 Subject: John Taylor Truck Sales Inc. (A 4/02) Page 5 2.4 Appropriateness of the Application Given that the proposed use has been in existence on the subject site for a considerable amount of time and the applicant is modernizing the facility to become more environmentally sensitive and efficient, it is recommended that the application be approved and appropriate zoning standards be incorporated into the zoning by-law. It is recognized that the property' owner can continue to operate the existing business on the property even if the application is refused as the use is legal non-conforming. However, by approving the application the City may require certain site improvements that will enhance the property and reduce the land use impacts. If approved, it is recommended that the zoning by-law restrict the area that can be used for the automobiie recyciing operation. The auto recycling operation will be prohibited in the western.potion of the site that is currently vegetated. When the operation was before the Committee of adjustment, staff supported the development of the site as the new building was intended to substantially reduce the amount of outdoor storage on the property. With irnptementation of all outstanding site improvements from the original site plan agreement plus the additional requirements being suggested in t.;nis report, the operation should function in a more sensitive manner to both it's setting and it's neighbours. 2.5 Proposed Zoning it is recommended that a portion of the subject property be rezoned to permit the auto recycling use and the remaining portion be rezoned to an open space zone. it is recommended that the amending zoning by-law incorporate an "(H)" holding provision that requires the owner to enter into an amending site plan agreement with the City and construct the recommended wood privacy fence along the north property line prior to the removal of the holding provision. 3,0 Applicant's Comments The applicant i~ aware of the -~'.'-,, ~,='-."~' ~,* ' ,~ , ~._.m,, ~ ~.~do, ,~ of the report,. Report to Council PD 41-02 Subject: John Taylor Truck Sales Inc. (A 4/02) Date: August 22, 2002 Page 6 Attachments: 1. Location Map 2. App,~cant s Submitted Plan 3. Information Report 4. Minutes from Public Information Ivieeting ~ Rachel and John ~,,r.~,, 30~0 ~',-,.~"~o '~' R'~ ~ ~ ~ ~ Pickering 6. Region of Durham Planning Department 7. Toronto and Region Conservation Authority 8. Durham District School Board 9. Veridian Corporation 10.City of Picketing - Municipal Properties & Engineering Prepared By: Principal Planner- Development Review Approved / Endorsed By: Lynda D./T/'ay!or, MCIP) ,J~P Manager, Deveiopment Review RP:td Attachments Copy: Chief Administrative Officer r Recommended Pic~erin~t City Counc~ Thomas J. Quinn, Ctiief ASministrative Officer APPENDIX i TO REPORT NUMBER PD 41-02 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 04/02 (a) That the implementing zoning %,-iaw: (i) amend Zoning By-law 3037 by amending the zoning on the subject property to permit the esta~)lishment of an auto recycling operation. (ii) include appropriate '~o~'.,*-o~,~,= ,~,,,~,,, .... ~,~ standards that recognize the proposed buildings. include an "(H)" holding pr3vision and that the ~' "¢, =~t ~ r~qulr~m~l. ,.o remove the. "(H)" holding symbol be' the owner construct I.$ metre high wood privacy fencing along a portion of the nor~em p~rty, line to ~e satisfad~on of the Director, Planning & Development a n d, the owner enter into an amending site plan agreement with the City that reflects the required changes to the site design including but not limited to, removal of original building and breezeway connection, required privacy fence along portion of northern property line, appropriate iandscaping in the front yard and the creation of an appropriate intema! vehicle drop-off area that is screened from pubiic 'view. REPORT ? j/¢.O"C'/ ,, /'o~/ / SUBJECT ~ROPERTY '--') / City of Picketing Planning &Deveiopment r-,-.~, .~,,+ PROPERTY DESCRIPTION ~,,,; p"r ,DF LOT' 5, '"' '~=~ '"" - . ~ .... '..,ON,..,_==,.IoN = APPLICANT JOH!~ TAYLOR - ~ "' ' '" j : RU:,..,.~, SALES ~N,.,,, , D,:',T--- APR. 1 i, 2002 ~ DRAWN BY FtC APPLICATION No. A 04/02 SC'~,LE 1:!oro00 I CHECk-(ED BY RP =OR DEPARTMENT USE ONLY PN-RLtRAL g N 0 c_ S S':~i 3 N ,9 3 ~ORNL&i~ON ~POF. T NO. ~4-O2 FOR PUBLIC L-NT'Oi~2vL4~TiON Z~EET1NG OF _May ] 6, 2002 ACCOP,_D.~NCE '~rITH THiE PU'BLIC 5~[E£TLNG 1UgQUIR.E1VfERw2S OF ~ PLAN','3,~G ACT, P,-S.O. 1990, Chapter P.13 Zoning By-law Amendment Application A 04./02 John Taylor Truck Sales Inc, 3~56 Balsam Roa~ South Part of Lo: f, Concession 5 CiD' of Picketing i.(! PROPERTI' LOCAT]~ON _4Zq) DESCRiPTiON the su~ect, lands are located on fine v:em side of Sideline No. 4 ~aisa~ Road), be~'een H/~iway #7 ~d ~e F~ Concession Road; a property location map is provided for r~fer~ce: sss Auac~t gl); ~: subj ocr prop:~, is "L" chaps& havNg ~ a~rax~mat: ~ea of 1~.8 hooves; · e subiecr property cu~sn~v suppoxs ~ auromobile recyc~g operation on fi~e sou~ M~ c~g on b~msss ~ ~7 Auto ~= no~ 5a!f o5~e prop~' is heavily the amomobfle recyciNg operation Nvolws G: storage of which ~e later ~smantled, and om~s stored ~.d sold; smwo~ding land uses on al! sides ~e a~ulvm-~ properties supporting detached dwellings. PROPOSAL the intent of the application is to reco_m~ize the existing use on the subject property; 'the e>dsting.use is considered a legal non-conforming use m that the use predates the by-taw and is considered a legal use, ev~ though the by-lma, does not coco=maize the existing use; as an e~sfing ieg~eJ non-com"orrnmg use the zon/ng pro~ions are not ~ptScabie wo additions and expansions o5 the properu; - as such the owner has made applications to the Con-m~nse of Adiutsrmem (C of A) to p~rait the e'.¢ansion of the e.xisfing ~e, i~t appiSczfion was in !999 ([file P/CA 79,./99); the C of A could ordy pe~-nnk the exnan~fion of-due e:dsfi-= bufi555mg ~_md nor the r~iacem~t, a5 the existing b ,mi~: m'~x rem~ m order to m~'~Smam the '%~' cor£o~mg srar~; the ovmer, as a condkion of:h: C o:f, amproval. :ntm'~d toro a size mlmn a~eemem wi~ fi~e City m'~d h~ constraaed fi~s new ad~:ion wkh the sxcestion of the "breezswa,."' connecuon benveen the old mhd the nmv buii~nz and c~.ain site !DiUrOV~N2el2IS l demolish the old buiidmc_ ~..~,~z .nc,: build the i~reezev:av'' ~onn ~ ..... ~;n~ bey. eon the buildings: P~t~ of flee prope~'; the or, mst wishes to complsb thc bui]din~ cons~tion requirements and inch finish ~e site ~prov~ments ~ nsc the sits piton a~ssment; - ~e app5a~t's ~bmi~sd pi~n is providafi for refsr~se (see A~em ~2). 3.0 3.t .OFFJC£kL PL~kM AND ZONING Durham Re~ionat Offici~I Pint. the Dt~ha.m Re~ona! O~zia2 Plan designates ~e subject t~ ~ Ja%/or O~en ' - ~e predo~t use of i~d ~ ~s desi~afion sh~ be co~e~afio~ recreation, r~foresmfio~ ~c~ ~d f~ related p~ts ~e Ci~' of Picke~g ~o zone ~o u~: ~: con~uafio~ exp~ioz or eN~gemem of teg~y e~s~g uses, or ~ vmhafion such ~es: a) have no ~verse ether on :he prsssm ~,.l.m~nt.u~n m hh~ pro;isfons offs D~h~ b) have regard for ~e a~cul~ Code of Pr~tice k~ appiic~le; w ~e accessible by a pubic road wNch is m~t~ed by ~e ~ropfiate au~ofi~ ~ op~ to ~c on a ye~--ro~d b~is ~d is of a s~d~d co~cfion ~equate ~o provide for proposed me; ~d, d) =e subject to ~y con~fions ~at may be con.ed N Pick~g O~:iai Plan, 3.2 piCkerin~ Offiei~ Plan the Picketing O~hcial Plan designates the subiezt lands as Open S£ace uses pe~ed wii~ Qpe~r =5~ace ~x~e,: - ?~:czzt?'a/Area Nclude, mmonast come~,afiom envbo~ta', protection, restoration, education, p~sive recreation an~ s~]ar uses, a~c~mral '~=z ~d ::5s~g resXd:n:iM dwel~gs; ~ close proT~U, to ~e subject i~ ~ Shoretin~ and Su'eam Co,tudors, reco~tion of~e subject prop~es pro~U, to a brach of C~r's Creel:; · e exact boodles of ~e Shorelines and Su'eam Corridon~ M~ be dete~ed cons~tafion wi~ ~e relev~t agencies; SchedNe E of ~e Ncke~g Offici~ Pi~ - D'a~onatio~z &,stems desi~ates SideiNe ~ whine it abu~ ~e subieat i~ds ~ a Lozai Road: ' Loca! Rca& g~aEy provid~ ~zcss to m~vidu~ nroo~rdes, to ]ozM roa~, local ~Mfic ~d g~er~y have a 5~r-oF-wav vdd~ ~f~ to 20'me~es; ~e sWojec7 apphcafions wiE bs ~gessed aj~ ~: n~Hcies ~d 2roxdsio~ of Pick~g 0~ciM P~ dm~g '&e f~&~- proa=ssNg o]~e zppHzad~. 2.2 ._,7o~:iug Bv-la,~- 3037. as amended the sub. ieee lan~ -,.re am-rendv zoned "Q'?Jt and Qn:.u~7?.,' by Zo~z ?--law 3037, as ~:nded; ~ ' ~e exis~z zo~ ~e~:~ ~ave: ~its ~d the zxzavadom v'~ szre~. material: ]e~ no~-corffom~g uss. in !96{: ~d ~ soo. copious '~e; 4.2 Resident Comments no resident comments have been received m-date 6-nthe application; Affenev Comments ~o comments from ant' of the cbcmated agencies have be~n received m-date on the appJdcafion; 4.3 Stuff Commentz gu r~x,devdng the appiication m-date, the following maUers have been id~fified by suaff for 5,uther rmdew and consideration: e~urqmg '&m the proposed development is compatible with, and s~-ms/~ve to, s~o~&g l~ds or that ~v mcompatibilifies c~ be ~figated; the ~pact ~e proposed '~s ,' sits ch~ges may have on ~e ~o~g rexdsv,~g the en~c~snt of the '~ ~at is not specifically compatible ~d~ ~e approved land ~e dem~afion xxdZ~ due consideranon to ~e fact ~e use has :2~ed on ~e subject props~ for a ion~ co~ider ~ ~acts of ~e exin~g ,~: v~s~ ~z possible ~pacu of us~s by ~e Zo~g By-law, '~e sad: ~ a ~ve! ~'~s D~arrment will conclude its position on ~e application after it has received ~nd assessed commnents from ti~e cdrcuiat~d d~armaenzs, agencies and the public. 5.0 PROCEDUlP, AL KNFORi'~A_Ti O N writt:n comments regarding this proposal should be direczed ;o the Planning & Development Depa-rmsn:: era1 co~ents may be made a: th: PubEs ~o~ation Mee'~: ~! co~en~ received v:fi2 be norad and ~:d as Npur in a Pl~nln~ R~on pren~ed by the Ping & Dsvdopmem Dep~m~t for a subs:quent mee~g oJ"Co~c~7 or a Co~ee m Co~cL; if you wish to be notiEed of ComnzE'a dedmon rzTm-~g ~e zo~g bydaw men~ent apphcafio~ you m'~ reau~st such m v,~zmg to the CiD~ Clerl~ ff a person or p~DH2 body :hat files a notice of app:~ of a decision of ~e Ciw of Picke~g k~ r:~cz of ~e zopJnz by-law am~t does not m~: oral sub.s]ion at the pubic meeting, or m~,c a 5~t:m~ sub~ssion to e~e CiD' of Picking before ~e zo~g by-law is p~sed, ~e ~-io M~cip~ Bo~d may ~smiss ~ or p~ of · e Kvpe~; ffyou uhsh to res~'e the omion m appsa! Comnobs decision of~e proposed zomg by-law ~en~ent apph:azbm you m~: proxdde co~ents to ~e CiU~ before Council adorns ~5, by-law for tN; proposal repox; ~nformation Received cop/es of the applicant's pro?sa5 are av~Woie for-xSew~g at ~e o~ces of ~e CiD' of Picke~g Piannin~ & Dsveiopmsm ~e Ci~' of Pizke~g h~ not rscsh~d ~y r:c~s~ ~5~afion / r~ons on ~e proposed app~cadon; cen~ rec~c~ r~ons mav be rsq~sd :o be submiUed ~d x~dl] be renewed ~d r~O~sd O~ ~ ~CCCSS~. 6.3 ~omnanv Prinei~ies the cu~ent prope~, oxxmer is John Tayier Track Sass ~c. (t010100 OntaSo ~c.) whose r~mcirte fi: Ba~,, r--.~__ Ross Pyro, M~, t~?ff'' Principal Plasaer - Deveiopm~nt Re;-isw RP/td AttachmenB Corrc: Director. ?ia:ni~g ,~ D~ zelopnien~ ~cparrmsn: L..¥nda Taylor,~, SPp _Manager, Development Review NCKE G lzX,.,~rp ~ ilrOm Statutory PuNic information Meeting Minutes t%rsuant to the Planning Act Thursday. May 16. 7:00 The Manager, Development Review, provided an over:,]sv,' of the requirements of the Planmng Act and the Ontario Municipal Board respecting this mseUng aud matters under consideration there at. ZONING BY-LAW AMEND?4ENT APPLICATION .JOHN TAYLOR TRUCK SALES INC. 3956 BALS_aaM ROAD fSOUTH PART OF LOT 5. CONCESSION 53 Lvnda Taylor, Manager, Developmeni Review. on ;'~'~ ~c .c ..... a ....Ross Pa,an, Principal Planner. Development Review, provided an cxpiamation of ti~e avplication as outlined m information Report #14-02. Baby Kaufman, applicant, advised that he was 'oresent to answer an), questions. Margaret Wiliiamson, 3360 Balsam Read. sraled her anger a: the applicants lack of resvect for her parents, that tracks are dropping off vdficies throughout the night and that the fence has blown doxim and no one is sure wtm is responsible for :ts r?air. She added that the new struct,~e is huge attd nothing like what xv~ pit:meal. She stated that this is a residenda! area and this operation affects 8~e quai2V of life. She cmesdoned now the residents ~e going to Oz helped. Pdchard Lloyd, 3330 Balsam Road, stated that the applicant has a ~eat lack of respect for thc neighbours. He stated his concern with the outside storage, removal of fench'~g on back of the property, racidng and storage on thc souti~ side of the building. He advised that no notification was received concerning the remora! of th:: fence. Ted Malar, 35i0 Audiev Road, stated his concert: wi'th respect to water quality and stress on his pond due to development. He ~m,ke in favour (,~ ~i,~ creel: bs~. restored bn! ~;-~* th~ creation of 35 new wells wifich will futher put stress on tits area. Nancy Listro, 3545 Balsam Road. advised '&a: the applicant's drivers dump in their field and no notification was reczived concemlrm tiao~ ex'ent, taltm~4 ?]ace. Laura Orlandi, 3270 Nwv. ¢7. statec: he:- conccT:, vqth the amounl of traffic in the area advising that this adds to the honid fimms takm,.: ?~ ~ ~,~au,rman. applicant, advised that ~:::x:. :uo,'m7 t,: fi:is propc;'tF their oseranon carried on in the existins buiidin: which shouic:, ha,.:- b:s-: condsnmsd. Thc ComPetes ,'-~ Adjusm~ent ~ted them thc ability to build a ~'' ",~ sc. ~:. 5::-ucture ior msmanthnn vc!Eclcs inside. TIEs not had ~- , o~, '' - ~nou=, fin'~e to do evx,.1:~snz ;nix are trNng lo make the props~z}' aesthetically attractive but cammt do anyr~ng until fi~c old s~'ucture comes down, the ~nce will be addressed when this ;'a, ~,~ ....... ~,~ ........ Thc fence on the ~,~,,~, zii, v'as damaged and the damaged portion was replaced. The i/ghts on the outside off the buildmn v:ere Due/here for m-erection of building m~d what's in it. Ixir. Ross P>2n · ~ ~n,.,_-~,evmo~mem Review Pim~.g & Deveiopm~nt Depm~ent One the Espi~ade Nck~g, Om~io L I V 6K7 Re: z~o.,mnng oy-Iaw ,~men .dmen~ Annncauon A04/02 ~' 56 B~s~ Road South P~ iot 5~ Concession 5 Ci~ of Ncker~g May i 4. 2002 Dear 1/tr. Pynz i am v~ting this ie2er to object to ~e application. We live on the comer of Concession -x and Balsam rd (Sideline 4). Prior to the purchase of our home ~ ~ ..°04~... we were conc,~ ,=a about the Auto 7 Recvclers operation mud the negative impac~ of such mn esmo~mmem near om- nome. ~X, e ~aasoline into the ~an~ a and about this $iace geuing am' bimuer_~ than it was in ,the 5are-e. We decided to ~o the cir,, of Picketing and xisir with the .~iann{no ~n~rtment '4,'~ ,x~.,~ ~,m,r,~ th~? although this estabiiskment was oneraGn~ on a legal non .... ~ '-~-' _ ~,,mo_,,nng basis ¢~at h co'~d never ,2et any bigger or that it could never be soid. WEN.. it 4id =,~e~ bigger last year 'adthout us getting the oppo~wunky to oppose the strucr~e that now stands on the propm.~_.,, tt iz my tmderstanding that this new structure was to be connected bv. a breeze way to the ex2stm~' ' structure that was t'm,,re. = ! do not beiieve that the applicant did this. Secondly, ~ was aisc told that aii ofh/s operatio~ would now-b: imside the b-aiidh~g and that no racks for outside storage ;vets to be used mud that no cm~s were to be allowed to sk outside the gares ..... ~',,'~ the weekend, i~ ~ s:~ ;'mpp_nm=.- '~ ' ~ In xdew of this applicmnt, disregard to his neNhbors: suaiir:~ . offS. i ~.$-~ not boilers he should be ,~wnoq = any more sseciai zoning ~. *;, . in the Suture. ex. rap-on now- or ~ *' ~ . the Thkdly. N ii_~ht on m~ cmwen~ Rick Rondeau % ~.::o~-'~,=. east . ~n~.u .... I~.,_ on sine of Sidetkne 4 ju~ in fi-oUr of the appiicmnts properq.4 the Auto 7 Recvcijmg o.r, eratiops should, not be pe~wmitted to receNe permanent status in light o7th: ,5 ..... a© -~.',"~=~? in the sr~, ~, ;~ no/in k~...pk~g v, dth the cmwent zon_ina bv-iav,-. ~xdll not fit ' viz5 ~:~ --=~'n,-,~=-~ ' ' ' ..... _ _ ~ ...... ~..~ .... across the street ~om the applicant. -; ....... ~. . a~ it not a aesn~ame oo~rauon ~o have nem~ any housing ct~v~.onm~n. Yours smcereh'. Rachel and John The Regionat Municipality of Durham ' %arming Department ~6!5 DUNDAS ST. = 4TH FLOOR, LANG TOWER WEST BUILDING P.O. BOX 623 WHITBY, ON L1N 6A3 (905) 728-773t FAX: (905) 436-6612 www.region .durham .on.ca A.L. Georgieff. tt/IOIP, RPP -.ommtssloner of Planning July 2, 2002 Ross Pyro, Principal Planner Planning & Ceve,opment Department One the Esplanade Picketing, Ontario LIV 6K7 u=ar Mr. Pyro: Zoning Amendment Application A 04/02 Applicant: John Taylor Truck Sales Inc. Location: Part of~ '~+ - '" ' -~,. 3, boncesslon 5 Municipality: City of Pickering We have reviewed this application and tne follow~ng comments are offered with,-~,~-,v~ to compiian:e with the Durnam ~=r~iona' Official Plan +~-~ proposed method of ser-:zlo~ng an.3 aeiegatea ~rov~nc. ia~ o~an review responsibilities. The purpose of ~h~s appiicauon ,~ to ~'~,'~ ~-~= ~,., ........ ~n,~ an ='~,stlng auto recycling operation on the subjec~ prope~. q~ "in '-' The subJect lands are designated "Major Open ~ace th~ Durham Regional Official ~ - · , ,an. i ne:re~ominantuseof~and~nthisdesignationis for conservation recreation, reforestaT.~on, agriculture uno farm-related uses. Policy 20.4.4 of the Durham Reg~onai Officia, Plan ind!cates that Councils of area munic~Daiities may zone to permk the continuauon, expansion, or enlargement of legally ~.~,oTinn~..,...,,= _,,s=~. o- variations to similar uses, provided that such uses' a) nave no adverse effe.s.t on tne present uses of the surrounding lands.or the implementation of '~ne ~rs, v~s~ons of this Plan; nave r'egarc~ for the Agricultural ?'~,--~ o} ._~,u~ r"r.qc~lc~ as al,mended frorn time to time. if aDpiicabte; are accessible by a Dubfic rn~e.__, whicis is '~,= ;,:~_,~?-~ ,,¢.~,~x b',~. the appropria;e construction adeouate !,: provide for :ne aoditionai traffic generated by the proposeo use; and d) are suoiect to any -'~ '~:~' ~, ...... ..~un,~uu ,~ tqst ,03, De contained in ar: area munici~ai official plan. The site is serviced by private well and septic sewer services. Page 2 This application has been screened in accordance with the terms of the provincial plan review responsibilities. The subject site is in proximity to a tributa,~/of Carruthers Creek and the former Lai~e lroduois Shoreline. An adequate buffer between any future development and'these natural features should be provided. No fu~her provincial interests appear to be affected by this proposal. i.f you nave any que~,*inns or rpauir¢ additional information, '* ............ pl=ase call me. Yours truly, // . Ra.~ Davies. Planner Current Operations Branch May :30, 2002 Mr. Ross Pym City of Pickering Planning & Development Department Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 CFN 32928 ~w,. Pyro: Zoning by-law Amendment Application A04/02 John Taylor Truck Sales ~nc. 3356 Balsam Road South Pa~ of ' of - Cancessior, 5 City of Pickering We acknowledge receipt of the above noted application and apologize for the delay in our response. Authority staff ha~/¢ . policy interests of this Authority., we have no cbjectior;s ,~o ~r~e application as submitted. ,-'~ease be advis~a that we nave previously' reviewed a storm water management repo~ reiated to development application on this site. being site plan application S04/0l. By copy of this letter, please advise the appiicant that the Toronto and Region Conservation Authority (TRCA) has implemented a fee schedule for our development/planning application review services. This appiication is susJect ,~ ~ ($i50.00). For further clarification, applicants should contact ~ ,~-,~-, Develooment ~ervices ~a~. We trust this is satisfactory. Should ', ' ~- ,~e~_se hesitate to ~ ~qult ~,.u, dO not contact the undersigned. Yours truly, ,>// Nora Jamieson Acting Plans/:, al~s, Development Se,wices Section --),f. 5259 F:\PRS'dqORA259'~PUBLIC\A04-02.Wp D -:' :-'!i-6600 FAY, 66',-5(!~:? ,,,,,,, Taunton Road East T.9'h itby, Ontario LIR 2X6 lc: (905) a66-SBOO ~-800-265-3968 Fax: NOB) 666-6439 The ti oreoFatkm oi- the C'iB' of ?ickerinu Piarmina Det~anm One The ~ickerinm Ontari( [)car ~2-. Taylor. Staff has revJeYved rise in~Onasation on dk above noted application and under the m~.date of the Durham Disuict c:~v,,-,~ ,, : , ....... bu;ara, nas no objections. ?iam2er !:',PROP!_.qN'DA7 -',, ~1 ',l: ZB~ - - - >W/sd i'vF~-{] CT_Pb2_, PROPERTY & ENGI!\rEERIN G D!VIS ION MENi OP, Pd,~i) LTM PLAf'~ N ?~,~G ,c,i J C DEVE/OPMEiqT DEPARTMENT May 7," .... ~ Z, UU~ To: P']iOt!I: Subject. Ross ?Jchard Ho]bom. P. Eng. Division Hca& Municipal Property & Engineering ~omn_ By-law Arnen&msnt Application ',r,~,~,~ Jetta Yavlor Truck Sales Inc. oo56 Balsam Road South Part oSLot ~. Concession 5 ~R, o~ P~c~e~g The Municipal Prone..~ ' 4. En~neefin: Division ~ ' receipt. ¢, ¢ ~,~ - ~ . ~ ~ ~ '" o. ,h~ above ...... zoning Oi~-iaW appncauon zor :ocs SalSain Road. i prov~ae mc following co~m3snts. The existin~ lands are zoned "Pit ~d Qumnly Zone" which max,' su__~st easy access of contaminants into the water table, it would seem student that p~or to the approval of the rezo~ng application that proof be supplied indicating that the hazardous materials are . bein~ properJF contained. The prope~,~ has frontage on Sideline 4 (~,aisan2 Road.;. which is a rural cross-section, gravel surface road. As such. this road is not at a standard conducive to the operation contemplated (existing) t]2~oagh the zoning requested. The applicant is to provide a cash- in-lieu connfibution to us~ade the ~' ~ ~' ~ =eau m a hard surface facqiw based on t~H:ds R]chard 2io~bom. F, Copy: Director. Operations Sun .... so~, De', e_.'opmem I: ',S I T E P L,*.N uL 'J 4 -:3 i. d o c 2~ [ a } -i; 2 Excerpts from Planning Committee Meeting Minutes Monday, September 9, 2002 8:10 p.m. Chair: Councillor Ryan ADOPTION OF MINUTES Meeting of June I0, 2002 Meeting of June 24, 2002 PLANNING & DEVELOPMENT REPORT PD 41-02 ZONING BY-LAW AMENDMENT APPLICATION A 04/02 JOHN TAYLOR TRUCK SALES INC. 3356 BALSAM ROAD SOUTH PART OF LOT 5, CONCESSION 5 AMENDED BY REQUIRING THE APPLICANT TO UNDERTAKE AN ENVIRONMENTAL AUDIT TO THE SATISFACTION OF THE CITY REFERRED TO STAFF TO STUDY THE ISSUES STATED BY THF RESIDENTS a) b) c) Margaret Williamson, 3360 Balsam Road, stated that the operator of this facility should be charged for operating outside the zoning by-law, that allowing the development would be disastrous for the area and would be sending out a dan(~erous messaae by encouraaing other nuisance businesses. The pro!~erty is an eye~ore ~nd the tovv~trucks are causing a nuisance and much traffic. The Fire Department has been called about fires on this property and the storage of tires is a concern. John Murphy, 3080 Concession 5 Road, referred to the memo of the Division Head, Municipal Property & Engineering and questioned if staff are satisfied that contaminants are not getting in the water table. The road is not at a standard conducive to the proposed operation and an operation of this nature is not in character with the area. Rachae! Murphy, 3080 Concession 5 Road, stated that many cars brought to this site have contaminants leaking from them, that an operation of this nature attracts an undesirable element and that the noise created from this propert? is extreme from crushing cars. She questioned whom to contact concerning the black smoke coming from thepropeny. She advised that the pond on her property now has a film on it and the fish have died. Excerpts from Planning Committee Meeting Minutes Monday, September 9, 2002 8:10 p.m. Chair: Councillor Ryan d) Richard Lloyd, 3330 Balsam Road, stated his concern with respect to the water quality, the noise, the dust, the metal fence which has fallen down, the junk on the property ,not being stored in the buildinq and the two ieachate ponds adjacent to his property which attract mosquito~s. He advised that the trees at the west end of the property have been removed and the operator is using this area for his operation. e) Mr. Teknerb, Winchester Road, Kinsaie, advised that there is a court case which says that no dumping is allowed between sun down and sun up. He further advised that contaminants have been found in the applicants settling ponds. f) Laura Orlandi, 3270 Highway #7, asked if Council is satisfied that no hazardous materials are being dumped. I 'ICK I NC, RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 16102 be APPROVED AS REVISED, subject to conditions outlined in Appendix 1 to Report No. 06-03, to amend the existing zoning to add nursing home / retirement home uses; to reduce the minimum height provisions from 6 storeys to 3 storeys to facilitate the construction of 54 townhouse units: and to increase the maximum height provision for an apartment structure from 10 storeys to 12 storeys, submitted by Commercial Devco Inc., on lands being Part of Lot 20, Concession 1 and Block 11, Plan 40M-1231. PIC liJNG REPORT TO PLANNING COMMITTEE Report Number: PD 06-03 Date: December 30, 2002 From: Nell Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 16/02 Fred Campetelli, Trustee (Commercial Devco Inc./Rockport Group) Southeast corner of Valley Farm Road and Diefenbaker Court Part of Lot 20, Concession 1, and Block 11 Plan 40M-1231 City of Pickering Recommendation: That Zoning By-law Amendment Application A 16/02 be APPROVED AS REVISED, subject to conditions outlined in Appendix 1 to Report No. 06-03, to amend the existing zoning to add nursing home / retirement home uses; to reduce the minimum height provisions from 6 storeys to 3 storeys to facilitate the construction of 54 townhouse units; and to increase the maximum height provision for an apartment structure from 10 storeys to 12 storeys, submitted by Commercial Devco Inc., on lands being Part of Lot 20, Concession 1 and Block 11, Plan 40M-1231. Executive Summary: The applicant requests several changes to the zoning of the lands to provide greater flexibility in development options. Specifically, nursing home and retirement home uses are requested to be added as permitted uses; the minimum building height provision of 6 storeys is requested to be reduced to 3 storeys to facilitate potential townhouse development, and the maximum building height provision for apartment use is requested to be increased from 10 storeys to 16 storeys. The property is located on the southeast corner of Diefenbaker Court and Valley Farm Road (see Location Map, Attachment #1 & Conceptual Site Plans, Attachments # 2,3,4). The Downtown Core Development Guidelines, as they apply to the subject property, encourage a significant architectural presence at the corner of Valley Farm Road and Diefenbaker Court. The current by-law provides exclusively for apartment development of the site and reflects a specific development proposal of a previous landowner. The zoning changes proposed by the applicant will provide flexibility in housing form at this location, including townhouse, apartment and nursing\retirement home uses. The proposed height reduction to accommodate townhouse units, and the introduction of nursing\retirement home uses retain the opportunity to achieve a significant urban design focus at this corner. Report PD 06-03 Subject: Zoning By-law Amendment Application A 16/02 Date: December30,2002 Page 2 The request to increase the allowable building height for apartment use from 10 storeys to 16 storeys is not supported. A sixteen storey height is considered excessive for this location, considering the scale of surrounding development and the impact such a height would have on the Valley Farm streetscape. However, we understand from the applicant that a two storey increase in height (bringing the maximum height to 12 storeys) will accommodate the density requirements of the site, provide improved site development economics, without any significant massing impacts. Consequently, an increase in maximum building height to 12 storeys is supported. It is recommended that Council approve, as revised, Zoning By-law Amendment Application A 16/02, subject to the conditions outlined in Appendix I to Report No. 06-03. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Background' 1.0 Comments Received 1.1 At the October 17, 2002 Statutory Public Information Meeting No residents spoke on the matter. (see text of Information Report and Meeting Minutes, Attachments #5 and #6) 1.2 Following The Public Information Meeting From Agencies: Veridian Corporation Region of Durham no objections no objections the proposed amendments are in conformity with the Regional Official Plan no objections (see attachment #7 ) 1.3 City Departments no comments received Report PD 06-03 Subject: Zoning By-law Amendment Application A 16/02 Date: December30,2002 Page 3 2.0 Discussion 2.1 Proposed Amendments Comply with Downtown Core Guidelines Development City Council adopted Pickering Downtown Core Development Guidelines identifying a vision for Pickering's Downtown and established appropriate urban design guidelines to support the vision. The guidelines resulted in a conceptual plan for Downtown Pickering based on the following goals: To create a downtown for Pickering that will be a major regional landmark and destination point for workers, shoppers, and visitors; To establish a strong civic and cultural focus for Pickering; To support an increased intensity and mix of uses in the downtown and provide a range of housing, employment, retail and entertainment opportunities; and To support a coherent and identifiable public realm, and to provide a safe, accessible, inviting and comfortable pedestrian environment. The concept plan for the Downtown Core Development Guidelines is included with this report as Attachment # 8. The concept plan and guidelines, as they apply to the subject property, encourage the siting of buildings at the northwest corner of the site to ensure that a greater architectural presence is provided to the street. The current by-law for the subject property contains provisions for maximum and minimum building heights and "build to zones" to assist in achieving massing at the northwest corner of the site. The applicant proposes a reduction in the minimum height provision of the by-law from 6 storeys to 3 storeys to accommodate the potential development of 54 townhouses. While a reduction in building height at this corner location will reduce the impact of development on the street, opportunity will remain though detailed townhouse design, landscaping, and boulevard enhancement to create an urban design focus at the corner. The applicant is currently pursuing approvals for a 93 unit townhouse development on the abutting lands to the south. If townhouse uses are pursued on the subject lands, it is the intent of the applicant to continue the same design theme as that currently being marketed on the southerly abutting property. The architectural design of the proposed townhouse units can also provide containment of the Valley Farm Road street frontage at a scale that is pedestrian friendly, people oriented and in compliance with the general provisions of the Downtown Core Development Guidelines. Report PD 06-03 Subject: Zoning By-law Amendment Application A 16/02 Date: December 30, 2002 Page 4 The optional construction of a senior's development and\or an apartment development on these lands would clearly provide superior massing and urban design opportunities and is encouraged by the Planning & Development Department. The concept plans submitted by the applicant for this option identify a primary building with significant built form at the northwest corner of the subject property with a secondary three storey townhouse component along the east boundary of the site, backing onto to existing Iow rise apartment buildings. The current by-law contains a build-to-zone that requires a large percentage of buildings to be located on the Valley Farm Road frontage. It is recommended that this provision be maintained in any amending by-law. While additional performance standards requiring specific building siting for seniors or apartment development could be included in the by-law, staff support a more flexible approach to the by-law, leaving detailed massing considerations to the site plan approval process. 2.2 Proposed reduction in minimum building height for potential townhouse development is acceptable The applicant's request to reduce the minimum building height requirement from six storeys to three storeys to accommodate potential townhouse development is intended to facilitate similar development as that currently being marketed by this developer on abutting lands to the south. Preliminary review of the proposed townhouse elevations indicate that a strong architectural presence to Valley Farm Road can be provided with a three-storey design and associated landscape treatment, in general conformity with the Downtown Core Development Guidelines. Consequently, this aspect of the application is supported. 2.3 Proposed increase in maximum building height for apartment use is not supported to the extent requested The applicant advises that their requested increase in maximum building height to 16 storeys for the potential apartment use is based on their analysis of what is necessary to achieve minimum densities and an economically viable project. This includes a review of underground parking and the number of residential units required to sustain project economics. The applicant advises that the current by-law provisions make compliance with minimum densities difficult and do not support an economically viable project. The Planning & Development Department has expressed concern that the proposed increase in the maximum height for apartment (Multiple-Dwelling Vertical) from the existing 10 storey maximum to 16 storeys would result in a development that would be too large in scale compared to existing developments and therefore would not be compatible. The introduction of more dense forms of development within the Downtown Core is generally supported, however consideration must be given to the compatibility of increased height with existing developments in the immediate area. Therefore, it is recommended that the maximum height for an apartment be 12 storeys. The applicant is aware of this recommendation and has advised that a 12 storey maximum will enable the achievement of required density. Report PD 06-03 Subject: Zoning By-law Amendment Application A 16/02 Date: December 30, 2002 Page 5 2.4 Proposed Nursing\Retirement Home uses are appropriate The subject lands are designated as Mixed Use Areas - Downtown Core which encourages the establishment of nursing home\retirement homes uses. The introduction of a nursing\retirement home use on the subject property is supported as this type of development will serve the increasing demand for this housing form and service as Pickering's population ages. In addition, the building form associated with this use presents a greater opportunity to meet the Downtown Core Development Guidelines in terms of building massing and architectural presence to the street. 2.5 Proposed Vehicular access to Diefenbaker Court is supported Although the public did not provide written comment on this application, Planning & Development Staff met with some local residents who expressed concern with existing traffic conditions on Diefenbaker Court and questioned whether the proposed new access would add to an existing problem. It appears that on-street parking on Diefenbaker Court has been a concern of local residents, especially during times of heavy use of the skating arenas when patrons of the Complex park on Diefenbaker Court. The Pickering Recreation Complex has recently undergone site improvements along the north side of the property, with vehicle access now provided around the entire site and the provision of additional parking spaces. These improvements will make existing and new parking areas on the Complex site fully accessible and should reduce pressure for on-street parking on Diefenbaker Court. The proposed vehicular access to Diefenbaker Court is supported by the Planning & Development Department as it provides an additional access point for traffic circulation and emergency vehicles, both of which are necessary with any of the proposed development concepts. 2.6 Recommended Zoning Provisions Appendix I to Report 06-03 contains the recommended amendments to the existing by-law. The existing by-law will be amended to include the introduction of nursing\retirement home use and appropriate performance standards for those uses. The amendments to the height provisions have been included with one change to the applicant's request, which is to increase the maximum height of an apartment building to 12 storeys, not the 16 storeys requested. It is further recommended that the existing by-law be amended to ensure that the desired massing is achieved through refinement to existing build-to-zones. Accordingly, staff recommends that Council approve Zoning By-law Amendment Application A 16/02, subject to the conditions outlined in Appendix I to Report PD 06-03. Report PD 06-03 Subject: Zoning By-law Amendment Application A 16/02 Date: December 30, 2002 Page 6 3.0 Applicant's Comments Representatives of Commercial Devco Inc. are aware of the contents of this Report. APPENDICIES: Appendix I - RECOMMENDED CONDITIONS OF APPROVAL Attachments: 1. Property Location Map 2. Applicant's Proposal - Townhomes 3. Applicant's Proposal- Nursing/Retirement Home & Townhomes 4. Applicant's Proposal- ApartmentFFownhomes 5. Information Report 6. Minutes of the Public information Meeting 7. Region of Durham 8. Downtown Core Development Guidelines - Concept Plan Prepared By: T yl e,r,_,B a r n.,e,~/t 5--"'~,i,~,~C~nner - Site Planning Lynda D. Taylor'itMCIP, RPP Manager, Current Operations TB:jf Attachments Copy: Chief Administrative Officer Approved Endorsed by: N ell 'Ca rrolf,-MZ:~lP, RPP Director, ~a_nni. pg"& Development Recommended for the consideration of~ Pickering City Cou. n¢il..~ ,, . Thoma~' Ji (~'in hief ministra'~ive. Offi.~er APPENDIX I TO REPORT NUMBER PD 06-03 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 16/02 That the implementing zoning by-law shall include: (a) a minimum height requirement of 3 storeys for townhouses (multiple dwelling horizontal). (b) a maximum building height of 12 storeys for apartments (multiple dwelling vertical). (c) provide zoning requirements respecting building locations, particularly at the corner of Diefenbaker Court and Valley Farm Road, through the use of build to zones. add nursing home and retirement home uses. establish appropriate parking provisions for nursing home\retirement home uses. (d) (e) CETA r~/--~-NE.~ N B AK ER -OURT ~ -- ~:~ "~-~ S U BJ E C T ~ ~PROPERTY :ORT~AND COURT ~iJ -- STR £ E-I' ~]AYL¥ STR[~ OWNER FRED CAMPITELLi TRUSTEE ~ DATE SEPT 10, 2002 i DRAWN BY i F~LE No. A16/02 ~ SCALE !:7500 ~ CH~CKED BY FOR DEPARTMENT USE ONLY PN-8 PA- APPLICANT'S CONCEPTUAL DEVELOPMENT PLAN ZONING BY-LAW AMENDMENT APPLICATION - A16/02 PHASE 2 LANDS SUBJECT TO ZONING BY-LAW AMENDMENT APPLICATION A16/02 PHASE 1 TO BE DEVELOPED FOR 93 FREEHOLD TOWNHOUSE UNITS ON CONDOMINIUM ROAD. THIS PORTION OF THE APPLICANT'S TOTAL LAND HOLDINGS ARE NOT SUBJECT OF THIS APPLICATION AND IS ILLL1STRATED FOR INFORMATION PURPOSES ONLY. PHASE 2 CONCEPTUAL 54 UNIT TOWNHOUSE DEVELOPMENT SHOWN. THE NURSING/RETIREMENT HOME AND/OR APARTMENT DEVELOPMENT PLAN(S) HAVE NOT BEEN SUBMI ~'FTED BY THE APPLICANT. NURSING/RETIREMENT HOME & TOWNHOUSE CONCEPT INFORMATION COMPILED FROM APPLICANT'S PROPOSED PLAN A'I 6/2002 APARTMENT/TOWNHOUSE CONCEPT INFORMATION COMPILED FROM APPLICANT'S PROPOSED PLAN A16/2002 STOREY RESIDENT AL t TOWER '1 Z PICK -RING INFORMATION REPORT NO. 30-02 FOR PUBLIC INFORMATION MEETING OF October 17, 2002 ACCORDANCE WiTH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. !990, chapter P.!3 SUBJECT: Zoning By-taw Amendment Application A 16/02 Fred Campetelli, Trustee / (Commercia! Devco inc.) South-east corner of Valley Farm Road and Diefenbaker Court. City of Picketing 1.0 2.0 PROPERTY LOCATION ANDDE' Sc, R~r'~iON the applicant's total land holdings comprise the lands on the east side of Valley Farm Road from Diefenbaker Court to Picketing Parkway (see Location Map - Attachment #i ); application (See Phase 2 lands on the Applicant's Conceptual Development Plan " - ~u~chrT'~Fl~ ~,/); the subject lands are currently vacant and the surrounding iand uses include: the Picketing Recreation Comp!ex to the no~h; residential apa~iment buiidings to the .east and west, and Highway 401 and office uses to the south. APPLICANT'S PROPOSAL Th= appiicant's zoning ~y-iav¢ amenament appiication :* ~,",mn~:=,d of 3 amendments which are: That the applicant is ....... -~ - ,~, ....... requirements for ' ~* '- ~m~:dp,_ ¢~,,~!ltn~ ngr;z.o~s~) from current 6 storey reaui'= =nt storeys (approximately I0 metres in height); That the applicant is proposing to add a nursing home and retirement home uses as ape,, i,.~,.a use; Information Report No. # 30-02 ~ 3.0 3,i 3.2 3,3 3,4 That the applicant is proposing to ' ~'-~ '-. In,.,~s~ the maximum permitted height for an apartment development (multiple dwelling vertical) from a maximum of 10 storeys to I6 storeys. The applicant has ,~..m,~,:~ a ~'on~¢?',,~ ....... . ...... ~t~=, development proposal for the proposed townhouse development oniy. No specific details of ti-~e nursing home\retirement home use or the a~rtm~n~ development have been submitted. OFFICIAL PLAN AND ZONING Durham Reoional Official Plan The Durham Regional Official Plan identifies the subject lands as being within a "Main Central Area". Iviain Central Areas are to be planned and developed as the main concentration of urban activities within municipalities; Pickerinq Official Plan The Pickering Official Plan identifies the subject iands as being located in a Mixed Use Area - Downtown ~' .... ~*' ~ ,-,~, = w,,n,,, the Town ~..,,,,~ Neighbourhood. This designation permits a wide variety of uses for residents, business people and visitors, including residential, retail, ~ ..... ' ' ~om,, ,~, ~,a,, business, office, se~/~ce, recreational, community and cultural uses; The Plan establishes a density range for residential development wit,bin this designation of over 80 units up to and including 180 units per net h~c~are. Although the approval of the dweiiing units ~viii be completed through separate processes, the ~ ~'~ "~ ' ~pp,~an~s conceptuai plan provides d=nsities 81.6 units.Der net hectare on the north lands and 84.6 units .per net n~ta,' ~' -e for the development on the south ' ~ ne ,an~s. T' applicant's proposal conforms to the policies of the Picketing Official Compendium Document to the Official P~an the subject property aisc falls wkhin ;he Counc Adopted ?icken'ng Downtown ,,.,~re-ueve/opment "" ' '" ~ .... ~u~oel~nes and the '"'-~ ~ r,/;lOslun Road '.-.or.r/do/' Deveiopm, ent Guidelines; the guidelines are intended to guide the development or redevelopment of sites within the designated areas; Zor~inq By-law 3036 the subject lands are currently zoned RHZIvlU-2- Residentia/-/vi/xed Use Zone, by Zoning By-law 3036 as amended by 54!6/98. This zoning permits business office, convenience store. ~'"'/ ~¢.~ nursery, personal = . .. . . s~l~.~ shops, P.O,~s~a, office, multiple dwelling - horizontal and multiple dwelling - re,ica! uses. Information Report No. # 30-02 ~0 4.3 5.0 an amendment to the existing by-law is required to add nursina home and retirement home uses, to reduce the minimum building heights for multiple dwelling horizontal (townhomes) and to increase the maximum building height for multiple dwelling vertical (apartments). RESULTS OF CIRCULATION Resident Comments - no written r~s~d~n, comments have ,been receh/ed to aate; A_p_ency Comments - no written comments have been rn~-~;.,/~ ~ date Staff Comments in reviewing the requested height amendments for the permitted multiple dwelling horizontal and multiple dwelling ve~ical uses, staff will examine the proposed amendments in conjunction with the polices\objectives of the ~,ouncll adopted Downtown Core D~,~lep,,,~nt Guidelines ,,-~,- p,,~,, to the preparation of a recommendation repoX; the applicant has advised that conceptual plans will be submitted for the proposed nursing home and retirement home uses and the potential apartment development in the near future, which will assist staff's review of the proposed amendments respecting massing site functioning and ~ ~p~u,,~y vwu, surrounding residential properties and the proposed residential development to thn south. PROCEDURALtNFORMATION written ~- ~ + ..... ~omm,..n~s regaining tn~s ~-,r ?-~ ' ..... ~., o~.~oa~ should ~e o~rectea to the Planning & Development m*.,~ ~ oral comments may ~e made at ~ t,,. Pubiic information , ~.,~, ali comments ,'=.-~i'.,=,~ will be noted and ,,s~, ~ input in a , ,ann~;~ Repo~ prepared by the Planning & Development D:n~'m=~f for a subsequent meetingof ~ " --~ .. ~""~'" C~unc~ or a Committee ct *Council , vOU wish tn reserve ~h~, opfinn m~ appeal ~, ~"~ =~;' ~ - ~_,u~n~, ~ d .... sion, you must provide comments to the City before Cour'3ii adopts an~ by-law for this . u~ ,~o~n~ !~ ,3ecision regarding this proposal, you must reauest such in writing to the . ui,y Clerk; information Report No. # 30-02 Page 4 6.0 8.1 6.2 6.3 if a person or public body that files an appeal of a decision of the Regional Municipality of Durham in respect of the proposed plan of subdivision does not make oral submission at the pubiic meeting, ~r make written submissions to the Regional Municipality of Durham before the ~.,op..s..d plan of subdivision is o ...... /¢,~ ~¢,,o¢~ m..+¢,..-. ~,~,,..,, ~,~ or,,.,,~.,~.~, the .._, ....... Municipal Board may dismiss the appeal. OTHER INFORMATION .Appendix No. I list of neighbourhood residents, community -~o ,-; ' ~oso.~,ations. aaencies and City Departments that have commented on the applications at tne time of writing report; information Received full scale copies of the Applicant's submitted plan are available for viewing at +h~ offices of the '"'* ' ~ .. , ,~ UILy OW Pickering P!annina & Development Department' ~*'" .... ~. . L,,u Hazcon Group Limited. Phase 1 Site A~m=, ,, prepared by '"-- . Company Principal the principal of Commercial Devco Inc. is Mr. Jack Winberg. ? Tvler ~ . Barn,.,,, _vnda i avtor,'-MCIPTRPP L.'~anager, Development Review Excerpts from Statutory Public Information Meeting Thursday, October 17, 2002 7:00 P.M. The Manager, Development Review, provided an oven,dew of the requirements of the Planning Act and the Ontario Municipal Board respectng this meeting and matters under consideration there at. ZONING BY-LAW AMENDMENT APPLICATION A 16/02 FRED CAMPETELLI, TRUSTEE (COMMERCIAL DEVCO INC.) PART OF LOT 5, CONCESSION I (SOUTH-EAST CORNER OF VALLEY FARM ROAD AND DIEFENBAKER COURT) Tyler Barnett, Planner II, provided an explanation of the application, as outlined in Information Report #30-02. Jack Winbourg, owner, Rockport Group. provided a brief history of Rockport developments in Pickering. Jack explained that this zoning by-law amendment application is actually Phase I1 of their development. The sales center for Phase I is open and is located on the south side of Pickering Parkway. Phase 11 is intended to carry on the feel and scale of Phase I. Their primary objective is to d~.valnp and nnmplp, ta th~ nrn ~nt rix/pr th~ n~yt designed three scenarios for the Phase i! site including: Townhomes only, townhomes and a retirement home, or townnomes and a "point-block' apartment building, tn all three scenarios, tnetownhomeswould boarder the south end of the site to provide continuity from Phase i site. The applicant is requesting an increase from I0 storeys to 16 storeys to accommodate the City's requirement for a "point-block" structure. Trish ,Armstrong 1218 Charlotte ~ roe. sought clarification from the appl,can~ respecting the number of scenarios, i,~e ak~p~s~n, confirmed there were ~hree. Ms. Armstrong also questioned the increase in storey height. Mr. Winbourg confirmed that the increase to 16 storeys would exceed the minimum and would allow them greater flexibility in meeting rnarket n~d~. ~,) ~,~ DEC 2,3 2882 11:14 FR DU?,.R~F1 PLANNING DEPT '5C5 -~56 6612 TO F'iCi<E~ING PLNG P,8>2/'82 The Rag ional Municipality of Durham Planning Deoartment 1615 DUNDAS ST. E, 4TH FLOOR; LANG TOWER December 23, 2002 Tyler Barnett, Senior Planner Planning & Developmen: Department One the Esplanade Pickering, Onta;,io L1V 6K7 Dear Mr. 'Barnett: Re: Zoning Amendment Application A 16/02 Applicant: Frec Campitelli (Commercia Devco'lnc.) Location: Pad of Lot. 20, Concession 1 Municipality: City of Picketing WEST BUILDING P.O. BOX 823 WHITBY, ON L1N 6A2 (905) 728-7731 F~:'(905) 436-.6612. www. region,¢ urham,on.~ A.L. Oeorgtiff, MCIP, RPP Commissioner of Planning We have reviewed this application and the following comments are offered with respect to comp lance with the Durham Regional Official Plan, the propose~ method of servicing and delegated provincial plan review responsibilities. .The purpose of the applicatJcn ;S to amend the existing zoning to add nurising home and r&tirement-home uses, to reduce the height provisions to facilitate the construction o[ 54 townhouse units, and to increase the maximum permitted height from 10 storeys to 16 storeys for a potential apartment development. The subject property s designated "Main Contra Area" in the Durham Regiona~ Official Plan. Main Central Areas are to be plannedand developed as the main concentrations of urban aCtivities within area municipalities providing an integrated array of community, office service and shopping, recreational, and residential uses. The proposed amendment is in conformity with the Durham Regional Official Plan. Municipal wa:er supply is available to the site from the existing 300 mm watermain on Valley Farm Road and Picketing Parkway. Sanitary sewer service is available to me site from the existing 250 mm sanitanj sewer on Valley Farm Road. This application has been'screenec in accordance with the terms of the provincial p~an review.responsibilities: No provincial interests appear to be affected by this proposal. If you have any questions or'require additional information, please call me. "SEIki/ICE EXCELLENCE for ou~ CO, .M3tfUNITY" Yours truly, Ray Davies. Planner Current Operations Branch 1C0% PO5[ Consumer Z HCKEI41NTG RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That the request made by 622530 Ontario Inc.. be APPROVED, to permit the division of the subject lands, being Lot 124 and Lot 125. Plan 1051 (known as 1745 Fairport Road, and 901-905 Dunbarton Road), for three additional lots by land severance rather than by draft plan of subdivision. ~itq o~ PICKERING REPORT TO PLANNING COMMITTEE Report Number: PD 02-03 Date: December 18, 2002 From: Nell Carroll Director, Planning & Development Subject: Request for Council's Permission to Develop Lands by Land Severance 622530 Ontario Inc. 1745 Fairport Road 901-905 Dunbarton Road Lot 124 and Lot 125, Plan 1051 Recommendation: That the request made by 622530 Ontario Inc., be APPROVED, to permit the division of the subject lands, being Lot 124 and Lot 125, Plan 1051 (known as 1745 Fairport Road, and 901-905 Dunbarton Road), for three additional lots by land severance rather than by draft plan of subdivision. Executive Summary: The owners of the subject lands submitted Land Severance Applications to the Region of Durham proposing the creation of three new building lots for detached dwellings fronting onto Dunbar-ton Road. Since the subject lands have the potential to be divided into more than three additional building lots, the applications were tabled by the Region of Durham Land Division Committee to allow the applicant time to obtain permission from City Council to develop the lands through the land severance process, rather than by draft plan of subdivision. The Pickering Official Plan requires any ownership of land that is capable of being divided into more than three additional lots to be developed by plan of subdivision, except where it is demonstrated to Council's satisfaction that a plan of subdivision is neither appropriate nor necessary, in which case Council may authorize development to proceed by land severance. It is recommended that the applicant's request to develop the subject lands by land severance be approved. The proposed lots conform with existing 'R3' zoning, and all requirements of the City can be appropriately addressed through conditions of severance approval. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the 5"/ Report PD 02-03 Subject: Request for Council's Permission to Develop Lands by Land Severance Date: December18,2002 Page 2 1.0 1.1 2.0 Backqround: Applicant's Proposed Land Severances The applicant has submitted Land Severance Applications LD 223/02 to LD225/02 to the Region of Durham Land Division Committee, proposing the creation o,~ three new residential building lots fronting onto Dunbarton Road from the total land holdings. One retained lot will continue to exist, fronting Fairport Road. A property location map and conceptual site plan illustrating the applicant's proposed severances are included as Attachments #1 and #2 to this Report. The proposed severed lots would vary in area, provide lot frontages greater than 18.0 metres onto Dunbarton Road, and comply with both the Dunbarton Neighbourhood Development Guidelines, and existing 'R3" zoning. The proposed retained parcel would be approximately 1996 square metres in area and would provide a lot frontage of 40 metres onto Fairport Road. The Land Division Committee tabled the Land Severance Applications at the request of the Planning & Development Department, to allow the applicant time to obtain permission from City Council to develop the subject lands through the land severance process rather than by draft plan of subdivision. Section 15.26(b) of the Pickering Official Plan requires that an ownership of land that is capable of being divided into more than three additional lots be developed by a plan of subdivision, except where it is demonstrated to Council's satisfaction that a plan of subdivision is neither appropriate nor necessary. Where these circumstances exist, Council may authorize the development to proceed by land severance. The subject lands are capable of being divided into more than three additional lots, and therefore permission is required from Council to allow any development of these lands to proceed through the land severance process. City's Interests to be Addressed Through Conditions of Land Severance The City's requirements respecting development of the subject lands will be addressed through conditions of the current and any future land severance applications. Among other conditions, the owner will be required to enter into an appropriate development agreement with the City, to address matters typically included in subdivision agreements such as, but not limited to, parkland dedication, the construction of services, lot grading and drainage, driveway locations, easements, utilities, boulevard trees, noise report, and securities. It is recommended that the applicant's request to develop the subject lands by land severance be approved as all requirements of the City can be appropriately addressed through conditions of severance approval. 'i, ROAD ........ ~ ?~ SUBJECT' . z~ Ld SHRPPARD AVENUE ~ --"--" N ~ .... KINGSTON City of Pickering Planning & Development Depa~ment PROPERTY DESCRIPTION LOT 124 & LOT 12~, PLAN 1~1 OWNER 622530 ONTARIO D~TE DEC. 9.2002 INC. APPLiCATiON No. LD223,02 TO LD 22502 SCALE 1:3000 i OmEOXE~ BY CP N I FO~ DEPARTMENT USE ONLY PN-7 PA- INFORMATION COMPILED FROM APPLICANT'S PROPOSED PLAN LD 223/2002 to LD225/2002 PROPOSED RETAINED LANDS CREATED THROUGH LD 223/2002 TO LD 225/2002 31,16 EXISTING RESIDENTIAL PROPOSED SEVERED LANDS CREATED THROUGH LD 223/2002 TO LD 225/2002 '. _~ ".~ ..z ::Rill JE/ ~. -HECITYOFPICKERINGPLANNINGAND Z E . . :-":: .- L -:: z~-'.'E'.[ PLANNING INFORMATION SERVICES · ~ [ '..,.:~ x .. z,.D ZES,GN SEC]iON DECEMBER 9, 2000 I ICK KRI RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That by-laws be enacted to: a) dedicate that part of Lot 20, Concession 1, Pickering, designated as Part 1, Plan 40R-21531 as public highway; and b) name that part of Lot 20, Concession 1, Pickering, designated as Part 1, Plan 40R-21531 as Valley Farm Road. PICKERING Nell Carroll Director, Planning & Development REPORT TO PLANNING COMMITTEE Report Number: PD01-03 Date: December18,2002 Subject: Road Dedication/Road Naming - Scan Regan Development Group Limited Part of Lot 20, Concession 1. Pickering, designated as Part 1, Plan 40R-21531 Valley Farm Road - File: Roadded.419:D0206 Recommendation: By-laws should be enacted to: (a) dedicate that part of Lot 20, Concession 1. Plan 40R-21531 as public highway; and (b) name that part of Lot 20, Concession 1. Plan 40R-21531 as Valley Farm Road. Pickering, designated as Part 1 Pickering, designated as Part 1 Executive Summary: Not Applicable Financial Implications: Not Applicable Background: On October 15, 2002. the developer herein entered into a Development Agreement respecting the development of the lands referred to as Parts 1 to 11, Plan40R-21531. That Agreement. among other things, provides for the development of 5 residential townhouse dwelling units and required the Owner to convey to the City of Pickering the subject lands for future road purposes. As the Part 1 lands have been conveyed to the City and no additional road construction is required at this time by the Owner, it is appropriate to enact By-laws dedicating and naming the subject lands "Valley Farm Road". Report PD 0'1-03 Subject: Road Dedication/Road Naming - Valley Farm Road Date: December 18, 2002 Page 2 Attachments: Road Dedication By-law. Road Naming By-law. Location Mapping/Site Sketch. Prepared By: Approved / Endorsed By: Denise Bye~ Coordinator Property & Development Services Neil Carrd~l, M~IP, RPP Director, P)-an~/ing & Development DB:bg Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ~, .. ~,\ · ~h'~s J. Quiq¢, Chie~'~dmi~[~ ye Of~cer THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a b:,-la,~,,' to ced;caTe mat par-t of Lot 20. Concession i. P,cxer, ng. ces~gnated as Part. 1. Plan 40R-21531 as public highway. WHEREAS The Corporation of the City of ~ , cKenng is the owner of ce~ain lands lying ~n Picketing and wishes to dedicate it as a pubi~c highway. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: (a) that pad of Lot 'PO Concess,oy ~ Ps<erst a~b.j.,~C as ,~ar-. , 40R-21531. is hereDy dedicated as public highwa?.. BY-LAW read a first, second and third time and fina!iv passed this 20th Cay of January, 2003. 'v*v'a~ne ,Artnurs Ma/or Bruce Ta,,ior. Oier~< THE CORPORATION OF THE CITY OF PICKERING BY-_,~,\& NO Being a 2}-law to name that part of Lot 20, Concess,on 1. P~cxering. designated as Part 1. Plan 40R-21531 as "Valley Farm Road". WHEREAS, the City of PicKeting is the owner of certaCn lands and the Council of The Corporation of the City' of Picketing dedicatec tnose certain lands as public highway under the jurisdiction of the The Corporation of the Cty' of Pickenng' and WHEREAS pursuant to the Municipal Act, the Councii of a local municipality may pass sy-iaws for giving names to or changing the names of highways' and WHEREAS it is ncw des~rabie to name that sort;on, cf dedicated high,¢,ay as "Valley Farm Road". NOW THEREFORE. the Council of The Ccr,3orat~on cf the Cit,¢ 3f Pickering HEREBY ENACTS AS FOLLOWS: (a) that part, of Lot 20. Concess:cn 1. Picketing. aes~gna~ed as Paq I. Plan 40R-21531. is hereby' named "Valley Farm Road", BY-LAW read a first, second and third time and finally passed this 20tn day of January. 2003. ',A a.~qe '-,qqurs Bruce Ta'.,icr. Cier~ ~- }x~ LAN B 0 ..... ' , _ , ~ BOULEI, aRD - , , FIELDLIGHT OSEFIELD ROAD - -- '< '--' City of Pickering Planning & Development Department ROAD DEDICATION & ROAD NAMING - VALLEY FARM ROAD PART LOT 20, CONCESSION 1; PART 1, 40R-21531 ~ DATE NOV 25. 2002 i