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HomeMy WebLinkAboutJune 16, 2005Statutory Public Information Meeting Agenda Pursuant to the Planning Act Thursday, June 16, 2005 7:00 P.M. Chair- Councillor Brenner (I) ZONING BY-LAW AMENDMENT APPLICATION A 14/05 JAPTER REALTY 1591 PICKERING PARKWAY PART BLOCK AT PLAN M-1024, NOW PART 8 40R-8639 1-8 3. 4. 5. Explanation of application, as outlined in Information Report #13-05 by Planning Staff. Comments from the applicant. Comments from those having an interest in the application. Response from applicant. Staff response. (11) ZONING BY-LAW AMENDMENT APPLICATION A 11105 816 KINGSTON ROAD (PICKERING) LIMITED 823 & 827 SHEPPARD AVENUE (PART OF LOT 27, RANGE 3~ B.F.C.) 9-13 Explanation of application, as outlined in Information Report #15-05 by Planning Staff. Comments from the applicant. Comments from those having an interest in the application. Response from applicant. 5. Staff response. Statutory Public Information Meeting Agenda Pursuant to the Planning Act Thursday, June 16, 2005 7:00 P.M. Chair - Councillor Brenner (III) CITY INITIATED: ZONING BY-LAW AMENDMENT APPLICATION A 15/05 TO RESTRICT INSTITUTIONAL USES ON LANDS ZONED "RURAL AGRICULTURAL ZONE - A" ZONING BY-LAWS 3036 AND 3037 14-35 Explanation of application, as outlined in Information Report #14-05 by Planning Staff. Comments from the applicant. Comments from those having an interest in the application. Response from applicant. 5. Staff response. PICKERING INFORMATION REPORT NO. 13-05 FOR PUBLIC INFORMATION MEETING OF June 16th, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 14/05 Japter Realty 1691 Pickering Parkway Part Block A Plan M1024, now Part 8 40R-8639 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION the subject lands are located on the east side of Pickering Parkway west of Brock Road; a property location map is provided for reference (see Attachment #1); the property is currently occupied with a mixed use building containing commercial use on the ground floor and seven residential dwelling units on the second floor; the vast majority of the property not occupied by the building is paved for parking purposes; the site's topography is relatively flat; the property appears to be utilizing a right-of-way across the property to the east that provides a service access to the rear of the existing building; parking is provided in front of the building and to the south of the building; access to the site is provided by a driveway opposite the intersection of the nodh leg of Geta Circle; surrounding land uses are: north - on the opposite side of Pickering Parkway is a townhouse development; south - streettownhouses and apartment building; east - apartment building and to the east a fuel bar with drive-thru restaurant; west - on the opposite side of Pickering Parkway are townhouses; 0~'~ Information Report No. 13-05 Page 2 2.0 3.0 3.1 APPLICANT'S PROPOSAL - Japter Realty have submitted an application to amend the zoning by-law in order permit a wider range of commercial and personal service uses within the existing building; - the existing site plan is provided for reference (see Attachment #2); - the property is subject to an existing site plan agreement with the City; - the applicant does not propose any changes to the existing site; - the existing permitted uses include dry cleaning depot, financial institution, neighbourhood store, personal service shop, professional office, and service and sales of products related to a party supply store as permitted by a Committee of Adjustment decision P/CA 08/93; - the applicant is requesting the follow uses as additional permitted uses: car rental; business office; laundromat; fast food restaurant; baker; day care; and an institution bible study without place of worship service; the following chart outlines the existing site details: Details of the Existing Site Total area Ground floor area Building coverage Parking area Parking coverage Landscape open area (including walkways) Landscape open area coverage Number of dwelling units Gross leasable commercial floor area Parking provided Residential parking required (1.5 per unit) Commercial parkin,,g required (4 spaces per 93 m'of gross leasable floor area) Total parking on site -- 2713 square metres -- 527 square metres - 19.5 percent -- 1365 square metres -- 50.5 percent -- 821 square metres -- 30 percent -- 7 - 487 square metres - 32 -- 11 -- 21 32 OFFICIAL PLAN AND ZONING Durham Reqional Official Plan - designates the subject lands as Living Areas; - areas designates as Living Areas are intended to be predominantly used for housing purposes, and may include limited office, retail and personal service uses; - Pickering Parkway where it abuts the subject lands is designated as a Type C Arterial Road; - the proposal appears to conform to the Durham Region Official Plan; Information Report No. 13-05 03 Page 3 3.2 3.3 4.0 4.1 4.2 Pickering Official Plan - the Pickering Official Plan designates the subject lands as Urban Residential Area - High Density Area; - the subject property is within the Village East Neighbourhood of the Official Plan; - no development guidelines have been prepared for this area of the Village East Neighbourhood; - permissible uses within Urban Residential Area - High Density Area include residential developments within a specific density range, as well as limited office, retailing of goods and service uses; - the Pickering Official Plan establishes a density range of over 80 and up to and including 140 dwelling units per hectare for development within an Urban Residential Area - High Density Area; Schedule II of the Pickering Official Plan - Transportation System designates Pickering Parkway where it abuts the subject site as a Type C Arterial Road; Type C Arterial Roads are designed to accommodate lower volumes of traffic at slower speed, compared to higher order arterial roads, and provide access to properties; - the subject application will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications; Zoning By-law 3036 - the subject lands are currently zoned "C10-R" by Zoning By-law 3036, as amended by By-law 1896/84; - the existing zoning permits dry cleaning depot, financial institution, neighbourhood store, personal service shop, professional office and residential dwelling units located on the second storey of the building subject to certain performance standards; - an amendment to the zoning by-law has been requested by the applicant in order to permit additional commercial uses; - the applicant has requested an appropriate zone that would permit the proposed uses. RESULTS OF CIRCULATION Resident Comments - no formal written resident comments have been received to date; Agency Comments - no formal agency comments have been received to date; Information Report No. 13-05 Page 4 4.3 5.0 6.0 6.1 Staff Comments - in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · ensuring that the proposed development continues to be compatible with, and sensitive to, surrounding land uses; · ensuring the proposed uses are compatible with the surrounding lands; · ensuring adequate parking is provided on the subject property in appropriate locations; · reviewing the proposed development to ensure that adequate information is provided, that technical requirements are met and that the proposed site design is appropriate; - this Department will conclude its position on the draft plan design after it has received and assessed comments from the circulated departments, agencies and public. PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to be notified of Council's decision regarding either the proposed zoning by-law amendment application, you must request such in writing to the City Clerk; - if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed zoning by-law amendment, does not make oral submissions at the public meeting or make written submissions to the City of Pickering before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal; - if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing the report; Information Report No. 13-05 Page 5 0;~ 6.2 Information Received full scale copies of the applicant's submitted plans are available for viewing at the offices of the City of Pickering Planning & Development Department; the need for additional information will be determined through the review and circulation of the applicant's current proposal; 6.3 Company Principal the owner of the subject lands is 1494350 Ontario Limited which carries on business as Japter Realty; Raymond Ata is the principle of 1494350 Ontario Limited (Japter Realty). Ross Pym, MCIP, RI~ Principal Planner- Development Review Lynda Taylor, MCIP, RI~P Manager, Development Review RP:Id Attachments Copy: Director, Planning & Development APPENDIX NO. I TO INFORMATION REPORT NO. 13-05 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date , ,,.~r# [3.w 07 S :~ r--~ ~-~ ~A,' CIRCLE ~ j ~ PICKERING ° ~ ~t ~ "'"!~ / . ~.bX6~-¥~ER COURT_ / 0 -A ,1't111111111111111 / Gitg of Picketing Planning & Development Department PROF'ER'IY DESCRIPTION PART BLOCK A M-1024, P~FIT 8 40R-8630 OWNER 140350 ONTARIO LTD. DATE ~/~¥ 11, ~>005 DRAWN BY dB ~'~/'~ FILE No. A 014/05 SCALE 115000 CHECKED BY RP 2005 MPAC ond it, =ul3pllerw. All ri~htw Reae~ed. Not e plen of Survey. PN-9 08 ~:fT^CHUENT#,,, ~ TO !MFOR~ATION ~# /3 - INFORMATION COMPILED FROM APPLICANT'S SUBMITTED SITE PLAN A '!4/05 I- Z ILl C:I THIS MaP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, APRIL 19, 2005. 09 PICKERING INFORMATION REPORT NO. 15-05 FOR PUBLIC INFORMATION MEETING OF June 16, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 11/05 816 Kingston Road (Pickering) Limited 823 & 827 Sheppard Avenue (Part of Lot 27, Range 3, B.F.C.) City of Pickering 1.0 2.0 PROPERTY LOCATION AND DESCRIPTION 823 & 827 Sheppard Avenue are located on the south side of Sheppard Avenue, west of Fairport Road, and east of Whites Road (see Attachment #1); the properties are surrounded by an existing residential development to the north and east, and vacant sites to the west and south; a draft by-law has been prepared for the abutting vacant properties to the west and south of the subject lands to allow for mixed use development including commercial uses and townhomes; detached dwellings currently exist on the subject properties. APPLICANT'S PROPOSAL the applicant proposes to amend the existing "R3" - Residential Detached Dwelling zoning in order to permit the development of multi-dwelling horizontal residential uses (freehold townhouses) on the subject properties (see Attachment #2); the dwelling unit design is to be similar to the proposed townhouses that are proposed immediately to the west of the subject lands. Information Report No. 15-05 Page 2 3.0 3.1 3.2 3.3 3.4 4.0 OFFICIAL PLAN AND ZONING Durham Reqional Official Plan identifies the property as being within the 'Living Area' designation; 'Living Areas' should be developed to incorporate the widest possible variety of housing types, sizes and to provide living accommodations that address various socio-economic factors; - the proposal appears to conform to the Durham Region Official Plan; Pickerinq Official Plan - identifies the subject property as being designated 'Mixed Use Area - Mixed Corridor' within the Woodlands Neighbourhood; - this designation permits development at a larger scale and intensity to serve the broader area; - uses permitted include residential, retailing of goods and services, offices and restaurants, community, cultural and recreational uses; - residential development should be at a density over 30 and up to and including 55 dwellings per net hectare (the proposed residential density is approximately 50 units per net hectare); Compendium Document (North East Quadrant) The North East Quadrant Guidelines state the following should be achieved through any development within the area: new dwellings fronting Sheppard Avenue are to a maximum of two storeys in height; buildings along Sheppard Avenue should be close to the street edge with front doors facing the street; require new residential development to be development; Zoning By-law 3036 ("R3" - Detached Dwellings) - the subject property is currently zoned "R3" By-law 3036, as amended; compatible with existing - Detached Dwellings by the existing zoning permits detached dwellings on lots with minimum lot areas of 550 square metres and minimum lot frontages of 18.0 metres; a zoning by-law amendment is required for the subject properties to permit the development of townhouses. RESULTS OF CIRCULATION at the time of writing this report one resident has expressed concern regarding this proposal. No comments or concerns have been received by City departments or external circulation; Information Report No. 15-05 Page 3 .~ j_ 4.1 5.0 6.0 6,1 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · ensuring that the proposed development is compatible with, and sensitive to, surrounding development; · ensuring that the proposed townhouse elevations reflect the character and design proposed for the future townhouse development on the abutting property to the west; · the opportunity to reconvey the previously acquired Sheppard Avenue road widening to the subject properties; · appropriate building setbacks, specifically minimum required side yards; · traffic impacts on Sheppard Avenue due to increased number of driveways and vehicles. PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. OTHER INFORMATION Information Received - full scale copies of the Applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department. Carla Pierini Planner II CP:Id Attachments Lynda TaClor, MCIP, R M. clP, . Manager, Development Rewew Copy: Director, Planning & Development ATr~ #._L...,I~ INFORMATION REPORT#~ WOOD AVENUE EDGEWOOD JACQUELINE WELRUS STREET COURT SPRUCE SHADYBROOK E'S LANE C.N.R. SHEPPARD AVENUE City of Pickering Planning & Development De ~artment PROPERTY DESCRIPTION PART OF LOT 27, BROKEN FRONT CONCESSION, RANGE 3 OWNER J. & B: BAYES & T. & A. COSTAR I DATE FILE No. A 11/05 MAY 16, 2005 DRAWN BY JB SCALE 1:5000 CHECKED BY CP PN-6 ^TTAOHMENT #..~TO ~NI:ORI~TION EEPORT#~ INFORMATION COMPILED FROM APPLICANT'S SUBMITTED SITE PLAN A 11105 SHEPPARD AVENUE E 48.8m ~ B3 In THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT. PLANN lNG INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, MAY 16, 2005. 14 PICKERING INFORMATION REPORT NO. 14-05 FOR PUBLIC INFORMATION MEETING OF June 16, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: City Initiated: Zoning By-law Amendment Application A 15/05 To Restrict Institutional Uses on lands Zoned "Rural Agricultural Zone - A" in Zoning By-laws 3036 and 3037 City of Pickering 1.0 BACKGROUND currently, churches, educational institutions, hospitals and other institutional uses are permitted on lands with agricultural zoning. Building permits can be obtained for uses permitted by the zoning, following site plan review; the provisions of the zoning by-laws that permit institutional uses on agricultural zoned lands may not conform with the City of Pickering or Region of Durham Official Plans; City of Pickering agricultural zoning has not been amended to conform to the 1997 City of Pickering Official Plan due to delays in undertaking a comprehensive revision of City zoning by-laws; lands in the rural area that are zoned agricultural by By-laws 3036 and 3037 could be developed for large-scale institutions that could negatively impact neighbouring agricultural or rural settlement lands; lands in the urban area that are zoned agricultural under By-law 3036 comprise large parcels, mainly along Brock Road in the Brock Ridge and Duffins Heights Neighbourhoods, and scattered parcels north of Highway 401. Development of these parcels for large-scale institutional uses could prejudice the implementation of Council-adopted Development Guidelines for efficient road access and servicing options in newly urbanizing areas and may not be compatible with neighbouring uses throughout urban Pickering; staff had received a number of inquiries about possible location of large-scale institutional uses on agricultural zoned lands in rural and urban areas; staff discussed these concerns with Council at a Management Board meeting with the conclusion that action was warranted; Information Report No. 14-05 Page 2 1.1 1.2 2.0 Interim Control By-law on October 18, 2004, Council adopted Interim Control By-law 6385/04 to restrict institutional uses, for a one-year period, on those lands zoned "Rural Agricultural Zone - A" in By-laws 3036 and 3037; the lands included large parts of Duffins Heights and Brock Ridge Neighbourhoods and other scattered parcels in the urban area of Pickering north of Highway 401 and those parts of the rural area not otherwise restricted from this type of development by Provincial Zoning Orders or ownership by either the Federal or Provincial Governments; (see Attachment #1 - By-law 6385/04); Land Use Policy Study - on October 18, 2004, Council passed Resolution #130/04 to direct staff to review land use planning policies to evaluate the appropriateness of institutional uses of all lands zoned "Rural Agricultural Zone - A" in By-laws 3036 and 3037 in the City (see Attachment #2 - Resolution # 130/04); the workplan included study of: · conformity of current zoning with the City and Regional official plan policies in the rural and urban areas; · policies of surrounding municipalities on this matter; · appropriate development standards for institutional uses suitable on lands zoned "Rural Agricultural Zone - A", if necessary; and, · appropriate zoning for existing institutional uses with "Rural Agricultural Zone - A" zoning as exceptions to any new policy; - the workplan also suggested that, once the study was complete, a notice be circulated for a Statutory Public Meeting to review the study findings and any proposed amendments; - the Public Meeting should be held before the summer of 2005 so that recommended amendments can be enacted by Council to come into force by October 18, 2005. CITY'S PROPOSAL the City now proposes to implement the findings of the land use planning policy study by amending Zoning By-laws 3036 and 3037 to: · remove institutional uses as permitted uses on lands Zoned "Rural Agricultural Zone - A" by Zoning By-laws 3036 and 3037; and, · recognize existing institutional uses on lands zoned "Rural Agricultural Zone - A" as legal conforming uses. Page 3 Information Report No. 14-05 3.0 3.1 3.2 3.3 CURRENT ZONING PROVISIONS Zonin.q By-law 3036 "Institutional" uses permitted in the "Rural Agricultural Zone - A" include churches, church halls, public and private schools, public or institutional buildings, public and private hospitals and cemeteries; By-law 3036 is the parent by-law for lands located; 1) between Highway 401 and the CPR railway tracks in the South Urban Area; and, 2) between the CPR tracks and Concession 3 within the Seaton Area east of West Duffins Creek and within the rural lands west of West Duffins Creek (see Attachment #5 & #6; the following existing institutional uses, shown on Attachments #5 and #6, are located on lands zoned "Rural Agricultural Zone - A" by By-law 3036: · Pickering Islamic Centre, 2065 Brock Road; · White & Erskine Cemetery, 902 Finch Avenue; · Woodruffs Cemetery, 2265 Brock Road; · Post Cemetery, south-west corner Brock Road and Kingston Road; and, · Erskine Cemetery, 886-888 Finch Avenue; Zoninq By-law 3037 - "Institutional" uses permitted in the "Rural Agricultural Zone - A" include churches, public and private schools, educational and religious institutions, research laboratories under the jurisdiction of a university or government authority, public and private hospitals, sanitaria and clinics; - By-law 3037 is the parent by-law for the rural lands north of the lands governed by By-law 3036. By-law 3037 lands encompass the northerly parts of the Seaton lands and the lands west of West Duffins Creek, the Federal lands, Oak Ridges Moraine lands and the rural lands located between the Federal lands and the Whitby border, north of Ajax (see Attachments #5 & #6); - the following existing institutional uses, also shown on Attachments #5 & #6, are located on lands zoned "Rural Agricultural Zone - A" by By-law 3037; · Mount Zion Church, 300 Eighth Concession Road; · Altona Mennonite Cemetery and Church, 5475 Sideline 30; and, · Hindu Cultural Centre, 2590 Brock Road; Provincial Zoninq Orders Minister's Zoning Orders (MZO's) Number 1 and Number 2 (O Reg. 102/72 and O Reg. 19/74) do not permit institutional uses on an 'as-of-right' basis on the parts of the rural area east of the federal lands and two smaller areas to the south-east and south-west; Page 4 ~ '( Information Report No. 14-05 4.0 4.1 4.2 4.2.1 4.2.1.1 although municipal by-laws permit a broader range of uses and impose less restrictive standards than the MZO provisions, the more restrictive provisions of the MZO's over-rule municipal zoning; the MZO's would not prevent the City from amending its by-laws to remove permitted institutional uses. STUDY FINDINGS Policies for Institutional Uses on A.qriculturally Zoned Land in Nei.qhbourin.q Municipalities Policies of surrounding municipalities* were reviewed to determine whether each of their respective agricultural zoning permits institutional uses, with the following findings: none of the canvassed municipalities permit institutional uses in their agricultural zoning on an 'as-of-right' basis; Ajax and Markham each permit several rural institutions by site-specific zoning; Whitby requires institutional zoning; and, Uxbridge requires a 'community facility' zoning category; the Towns of Ajax, Whitby, Markham and Whitchurch-Stouffville, the City of Oshawa and the Township of Uxbridge. Conformity of Current Zoninq (for Institutional Uses) with Official Plans and Provincial Le.qislation Rural Areas Conformity with the Durham Regional Official Plan (DROP) - the DROP contains the following land use designations applicable in Pickering's rural areas (see Attachment #7 - Map 3: Durham Region Official Plan Designations in Pickering Rural Area): · Countryside, in the Oak Ridges Moraine; · Permanent Agricultural Reserve; · Major Open Space; · Federal Airport Lands and Federal Airport Special Study Area; and, · Hamlet and Country Residential Subdivision designations; - institutional uses are not permitted in the Permanent Agricultural Reserve designation, the Federal Airport Lands or the Federal Airport Special Study Area lands; Information Report No. 14-05 Page 5 - institutional uses are permitted on lands that were designated Countryside by the 2004 Regional Official Plan amendment that implements the Provincial Oak Ridges Moraine Plan; - institutional uses are permitted on lands designated Major Open Space, or Hamlets and Country Residential Subdivisions; - the DROP provides that local municipal official plans can be more restrictive than Regional policies; Zoning Changes to Achieve Conformity in order to bring Pickering's agricultural zoning into conformity with the policies of the DROP, institutional uses should be removed as permitted uses from Pickering's agricultural zoning on lands designated Permanent Agricultural Reserve, Federal Airport Lands and Federal Airport Special Study Area lands by the DROP. In addition, institutional uses could also be removed from agricultural zoning on lands with Major Open Space, or Hamlet and Country Residential Subdivision designations; existing institutional uses should be permitted as exceptions. 4.2.1.2 Conformity with City of Pickering Official Plan (POP) - the POP includes the following land use designations that apply in the rural area (see Attachment #8 - Map 4: Pickering Official Plan Designations in the Rural Area): · Agricultural Areas; · Seaton Urban Study Area; · Major Open Space - Natural Areas & Active Recreational Areas; · Rural Settlements: Country Residential, Rural Clusters & Rural Hamlets designations; institutional uses are not permitted in Agricultural Areas, Seaton Urban Study Area, Major Open Space: Natural Areas and Rural Settlements: Country Residential designations; - institutional uses are permitted only in Major Open Space: Active Recreational, Rural Settlements: Rural Hamlet and, for existing institutional uses, only in Rural Settlements: Rural Cluster designations; - in addition, the City is currently processing Official Plan amendments to implement the Growth Management Study and to implement Oak Ridges Moraine legislation. Neither of these initiatives will be impacted by this process to restrict new institutional uses on lands zoned "Rural Agricultural Zone - A"; Information Report No. 14-05 Page 6 Zoning Changes To Achieve Conformity in order to bring agricultural zoning into conformity with the POP, institutional uses should be removed as permitted uses from Pickering's agricultural zoning on lands designated Agricultural Areas, Seaton Urban Study Area, Major Open Space: Natural Areas and Rural Settlements: Country Residential. In addition, institutional uses could be removed from lands designated Major Open Space: Active Recreational Areas, Rural Settlements: Rural Hamlet and Rural Settlements: Rural Cluster designations; Major Open Space - all four sites with the designation Major Open Space: Active Recreational are used for golf courses and contain no institutional uses; Rural Hamlets although a number of small-scale institutional uses are located on Rural Settlements: Rural Hamlet designations, their redevelopment as large-scale institutions or the addition of new large-scale institutions on other hamlet sites could potentially have significant negative impacts on existing hamlet residential uses; institutional uses should be removed on an 'as-of-right' basis from lands zoned "Rural Agricultural Zone - A" on lands designated Rural Settlements: Rural Hamlet; a proponent of an institutional use will retain the right to apply for zoning approval for a specific institution and the City will then have the ability to evaluate the individual merits of such proposals on existing hamlet residents; Rural Clusters since there are no existing institutional uses on lands designated Rural Settlements: Rural Cluster, removal of as-of-right zoning for institutional uses will not impact existing uses but will permit decisions to be made on specific proposals following consideration of their individual merits; Recommendation it is recommended that institutional uses be removed as permitted uses from lands zoned "Rural Agricultural Zone - A" in all of the lands subject to Zoning By-law 3037 and in those rural lands subject to Zoning By-law 3036 that are located north of the CPR tracks, except for existing institutional uses. Information Report No. 14-05 Page 7 4.2.1.3 4.2.2 4.2.2.1 4.2.2.2 Provincial Greenbelt Act and Greenbelt Plan although the Greenbelt Plan permits institutional uses on lands designated Rural Areas and Hamlets by the Greenbelt Plan if such use is permitted by municipal official plans, the Greenbelt Plan does not limit municipal policies that are more stringent than the Greenbelt Plan; Urban Areas Conformity with Durham Regional Official Plan - all of the DROP land use designations that govern land use in the urban areas of Pickering permit institutional uses; Conformity with Pickering Official Plan the POP also includes a number of land use designations for urban areas that all permit institutional uses, in addition to a broad range of other urban uses; through site specific rezoning requirements uses and development standards are designed to ensure that orderly development occurs that is compatible with neighbouring land uses and respects good urban design; retention of agricultural zoning on the edges of urbanized areas has served the purpose well of permitting continuation of the rural uses until urban development is properly conceived and has not prejudiced the achievement of suitable urban development, until now; the existence of agricultural zoning that permits large-scale urban institutional development on an 'as-of-right' basis could prevent the City from achieving well-considered principles of orderly urban development for its urbanizing neighbourhoods; Conformity With Official Plan Neiqhbourhood Policies and Development Guidelines: Brock Ridge Nei.qhbourhood Location Brock Ridge Neighbourhood comprises the lands north and east of West Duffins Creek, south of the Hydro Right-of-way (near Third Concession) and west of the Ajax boundary, north of Finch Avenue (see Attachment #3 - Duffins Precinct Tertiary Plan); Information Report No. 14-05 Page 8 ~ -. Policies - the Neighbourhood policy identifies the area east of Brock Road and south of Ganatsekiagon Creek as a Detailed Review Area for which development guidelines were required in order to achieve community design objectives and encourage increased intensity of development. lands within this area are designated mainly as Urban Residential Areas: Medium Density Areas with a portion in the middle as Mixed Use Areas: Community Node; Official Plan policies for Brock Ridge Neighbourhood identify the Duffins Precinct as a Detailed Review Area for which development guidelines are required prior to permitting major development within the area which will include determination of appropriate intersection and entranceways onto Brock Road; - a key element shown on Map 23 of the Official Plan is a proposed new road east of Brock Road; Development Guideline Objectives in August 1997, Council adopted the Duffins Precinct Development Guidelines for the area; the Development Guidelines include a Tertiary Plan that identifies a framework for a medium density residential community structured around a proposed road to the east of Brock Road; Impact of Existin.q Zonin.q the current "Rural Agriculture Zone - A" zoning permits institutional uses on an 'as-of-right' basis, which impacts the ability of the City to implement the Neighbourhood Policies and the Duffins Precinct Development Guidelines; with such uses permitted on an 'as-of-right' basis, landowners could obtain building permits for single uses on one or more properties without a requirement that the road be provided. Since centre medians may be installed on Brock Road to control left turn movements, inefficient traffic movements would result for users of these properties, if developed on an individual basis rather than through the comprehensive block and road pattern in the Duffins Precinct Development Guidelines; Recommendation it is recommended that institutional uses be removed as permitted uses on an 'as-of-right' basis on lands zoned "Rural Agricultural Zone - A". Owners would continue to have the ability to apply for individual rezonings to which the City could respond appropriately and achieve implementation of orderly and comprehensive development for this area by reviewing applications to achieve the Development Guidelines; Information Report No. 14-05 Page 9 Duffin Heights Neiqhbourhood a similar situation exists in Duffin Heights Neighbourhood as in the Brock Ridge Neighbourhood; in 2003, the Region of Durham approved the City of Pickering Official Plan Amendment for urban uses in the Duffin Heights Neighbourhood and City Council's Duffin Heights Neighbourhood Development Guidelines came into force at the same time; the Duffin Heights Development Guidelines include a Tertiary Plan that identifies a modified grid pattern of roads to achieve orderly and efficient development (see Attachment #4); as in the Duffins Precinct of the Brock Ridge Neighbourhood, current zoning would permit the establishment of large-scale institutional uses on large land parcels that would prevent achievement of the pattern of roads identified on the Tertiary Plan; for the same reasons as in the Duffins Precinct of Brock Ridge Neighbourhood, institutional uses should be removed as permitted uses on an as-of-right basis from any "Rural Agricultural Zone - A" in the Neighbourhood; Scattered Parcels With Aqricultural Zoninq in Other Urban Neiqhbourhoods - other lands that still have agricultural zoning are located mainly along the northern edge of the urban area, close to the CPR tracks, in Rouge Park Neighbourhood, Altona Forest area, and a few other small scattered sites mainly between Sheppard and Finch (see Attachment #1); the Civic Centre, park and Recreation Complex lands also have "Rural Agricultural Zone - A" zoning; - as urban development along the northern edge of Pickering's South Urban Area continues, the area with agricultural zoning continues to shrink. The new urban development in such areas is mainly Iow density residential with carefully designed development standards that ensure compatibility with surrounding uses. Such compatibility could be impacted if abutting agricultural lands were developed for large-scale institutional uses; Zoning changes to achieve conformity: any development that may be proposed for the undeveloped parcels should be carefully planned to be compatible with existing urban uses. Retention of institutional uses on an 'as-of-right' basis maintains a continuing risk of large-scale institutional development with possible negative impacts on surrounding land uses; it is recommended that institutional uses be removed from the "Rural Agricultural Zone - A" as permitted uses in the urban lands of By-law 3036; Information Report No. 14-05 Page 10 4.4 4.5 5.0 6.0 6.1 Continued Agricultural Zoning On Urban Lands it is recommended that remaining "Rural Agricultural Zone - A" lands in the urban area be reviewed as part of the comprehensive zoning by-law review to remove other risks of zoning that may be incompatible with urban development; Zoning For Existing Institutions on Lands Zoned "Rural Agricultural Zone - A" - it is recommended that existing institutional uses continue to be permitted as exceptions to the amended "Rural Agricultural Zone - A" zone category. SUMMARY OF RECOMMENDATIONS It is recommended that: 1. Institutional uses be removed as permitted uses on lands Zoned "Rural Agricultural Zone - A" by Zoning By-laws 3036 and 3037. 2. Existing institutional uses on lands zoned "Rural Agricultural Zone - A" continue to be permitted as legal conforming uses. The remaining "Rural Agricultural Zone - A" lands in the urban area be reviewed as pad of the comprehensive zoning by-law review to remove other risks of zoning that may be incompatible with urban development. 4. As part of a future work program, evaluate parking standards for places of religious assembly for inclusion in future by-laws. PROCEDURAL INFORMATION General written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal the decision on this Amendment, you must provide comments to the City before Council adopts any by-law for this proposal; ,". ~ Information Report No. 14-05 Page 11 7.0 OTHER INFORMATION 7.1 Attachments 2. 3. 4. 5. 6. 7. 8. Interim Control By-law 6385/04 Council Resolution #130/04 Duffins Precinct Tertiary Plan Tertiary Plan - Duffin Heights Neighbourhood Map 1: Lands Subject to By-laws 3036 and 3037 Map 2: Rural and Urban Areas Subject to Zoning By-laws 3036 and 3037 Map 3: Durham Region Official Plan Designations in Pickering Rural Areas Map 4: Pickering Official Plan Designations in Rural Areas Steve Gaunt, MCIP, RPP Senior Planner Manager, Development Review SG:jf Attachments Copy: Director, Planning & Development THE CORPORATION OF THE C!TM OF pICKERING BY-LAW NO. 6385/04 Being an "Interim Control By-law" passed pursuant to Section 38(1) of the Planning Act, R,S.O. 1990, as amendedl for lands in the City of Pickering WHEREAS the Council of The Co~por. ation of the City of~Pickering, pursuant to Section 38(1) of the Planning Act, R.S.O. 1990, as amended, :has passed Resolution 130/04, directing that a review or study be undertaken in respect of land use planning policies for Institutional Uses in Agricultural Zones for various lands in the City o[.Pickering; AND WHEREAs Section 38(1) of the Planning: Act, R.S.O. 1:990, as amended, authorizes the Council of a local municipality to Pass an "Interim ConEol By-law" to prohibit the use of land, buildings or structures Within the municipality ,or within any defined area or areas thereof for, or except for, such purposes as are set out in the By-Law; AND WHEREAS the Council of The Corporation of the City of PickeHng deems it appropriate to pass an "Interim Control By-law" for those lands designated Interim Control Area on Schedule I attaChed hereto; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERJNG HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedules I & II attached to this By-law, with notations and refe[ences shown thereon, is hereby declared to be part of this By-law. o AREA RESTRICTED The provisions of this By-law shall apply to those lands zoned 'A - Rural Agricultural Zone' and designated "Interim Control Area' on SChedules I & II attached hereto. GENERAL PROVISIONS No building, land or part ther. eof shall hereafter be used, occupied, erected, moved or structurally altered except in COnformity with the prov. iSiens and / or requirements of this By-law. DEFINITIONS In this By-law: (1) "Interim Control By-law" shall mean a by-law as defined in Section 38(1) of the Planning Act, R.S.O. 1990, as amended; (2) ~lnterim Control Area" shall mean those lands crosshatched on Schedule I attached hereto; and, PRO)/ISIONS (1) . Uses Permitted ("Interim Control Area") -2- (a) existing lawful uses; (b) minor additions to existing lawful uses; (c) for lands Subject to Zoning By-law 3036: (i) agricultural uses as set out in Section 7.1.2; (ii) accessory agricultural residentialuses as set out in Section 7.1.2.1; (iii) recreational uses as set oUt in Section 7.1.3; and, (iv) business uses as set out in Section 7:1.4.2 in Zoning By4aw 3036; and, (d) for lands subject to Zoning 'By-law 3037: (i) residential uses as set out in Section'6.].1; (ii) home occupation uses as set out in Section 6.1.1.1; (iii) agricultural uses as set outiin Section 6.1.2; (iv) accessory agricultural resider~tial, uses as set out in Section 6.1.2.1; (v) recreational uses as set out in Section 6.1.3; and, (vi) business uses as set out in S'ectien 6.1.4.2 of Zonin§ By-law 3037. Codtrol Area ) (2) Zone Requirements ("Interim ' " No person shall, Within the "Interim Control Area" identified o[~ Schedules I & Il attached hereto, use any lot or erect, alter or use. any building .or structure unless it complies with the zone requirements for "Rural Ag¢¢ultUral Zone A" .set 'out in Sections 7.2, 7.3 and 7.4 .in Zoning By-law 3036 er Sections 6.2 and 6.3 of Zoning By-law 3037 respectively unless Such uses .legally existed on the day prior to the date of the. passing Of this by-law. BY-LAW APPLICABILITY Definitions and subject matters not specifically dealt with in this I~terim Control By-law shall be governed by relevant provisions of Zoning By-law 3036 as amended, and Zoning By-law 3037 as amended. 7. EFFECTIVE DATE This By-law shall take effect from the day o~ passing hereof and shall remain in effect for one (1) year from the date of passing hereof, unless' repealed or extended in adCordance with the Provisions of the Planning Act, R.S.O. 1.990, as amended. BY-LAW read a first, second, and third time and finally passed this. October ,2004. 18 day of Bruce Tay or C e ~<¥PV -I0 N~O/ O±N O~lO.l..-I0 INTERIM CONTROL AREA SCHEDULE TI TO BY-LAW 6385/04 PASSED THIS_ 18 DAY OF October 2004 CORPORATE SERVICES DEPARTMENT CLERK'S DIVISION ~ E MEMORANDUM October t9, 2004 TO: Nell Carroll, Director, Planning & Development 0 CT 2 0 2004 CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT FROM: Bruce Taylor, City Clerk SUBJECT: Referrals from the Council Meeting of October 18, 2004 Please be advised that the Council of the City of Pickering passed Resolution #130104, at the Council Meeting of October 18, 2004, as follows: That staff be directed to undertake a review of the land use planning policies to evaluate the appropriateness of institutional uses for all lands zoned "A - Rural Agricultural" in By-laws 3036 and 3037 in the City, including lands identified on Schedules I and !1 in the proposed Interim Control By-law with respect to zoning conformity with the current official plan designations, and uses to be permitted in the zoning by-laws. Taylor BT:dw Copy: T.J. Quinn, Chief Administrative Officer E. Buntsma, (Acting) Chief Administrative Officer ATTACHMENT #3 TO INFORMATION REPORT # 14-05 ST. LLE AVE. MAJOR OAK RD. FROM THIS POIN~ NOTE' ,NOI~i-~, 'filE TOP OF BA HAS BEEN ESTIMATED L. 4 SCHOOL 4 LEGEND 'OP OF BANK MAJOR SPINK ESA BOUNDARY FORESTED AREA REGIONAL FLOOD LINE DEVELOPMENT AREAS i POTENTIAL STORM WATER MANAGEMENT POND I SIGNIFICANT VISTAS I BUILDING FOCAL POINT FIGURE A - DUFFINS PRECINCT TERTIARY PLAN 100 80 60 40 20 0 100 200 .~00 400 ME-TEES ATTAt:~IMENT# Z/TO ~ ISHPI INPI I- ........ ' :': r/- k. Lk(¢ ......... "-. II ~ * . Ci~ of Pickering Planning & Development Depa~ment TERTIARY P~N - DUFFIN HEIGHTS NEIGHBOURHOOD m ~ID~INE B~ND~Y ~ ~ID~ ~SMP~ F~ ~A~R ~eHHU TOP OF ~K ~ BROCK RO~ ~~ *~ ~GEME~ POND ~ m ~ F~ NEI~BOU~D ~ ~GIO~ ~UNE ~ T~D ~ INP I F~ RO~S ~ m ~ '" ~h~ ~OR FO~I~ ~ ~ ~ME~y cudd~w~udl~d~n~d~nhelg~_l (~pfll2g) APR. ~, 2~3 ATTAI~M. ENT #..~._TO ---, ~ , , -- --- 'ii I i l l~ I~l ~ ~ ., ii Ii~ , B~'.~W ~ ~,037 ,'~  ~ ~. " '' / i "z ~ ~iTEVALE I- ,, ~ BY.,~V II . 3~)36, /~ - ~.. Ci~ of Picketing Planning & Development Depa~ment MAP 1: ~NDS SUB~EOT TO DATE: MAY 30, 2005 ZONING BY-~WS 3036 & 3037 ~TTACHMENT # ~.~_._?0 INFORMATION REPORT# / ~'- 0.~" 33 IIURAL ARE~ ~ ~v~ ~ SEATON BAN STUDY AR~A ZONED "RURAL AGRICULTURAL ZONE-A" ~A, ~ ~ CHURCHES AND CEMETERIES sduTH I RBAt ARE~[ / ~ Gitg of ~ickorin~ ~lannin~ & Dovolopmont Dopa~mont MAP 2: RURAL AND URBAN AREAS SUBJECT TO DATE: MAY 30, 2005 g Z o ,~,TTACHMENT# ~ TO ~NFORMATION 4: OPEN SPACE SYSTEM URBAN FREEWAYS &,.ND MAJOR UTILITIES OTHER DESIGNATIONS IIII ..... ' '