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HomeMy WebLinkAboutPD 35-05 REPORT TO EXECUTIVE COMMITTEE Report Number: 35-05 Date: August 30, 2005 From: Nell Carroll Director, Planning & Development 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 Recommendation: That Zoning By-law Amendment Application A 15/05, initiated by the City of Pickering, to restrict new institutional uses on lands zoned "Rural Agricultural Zone - A", be APPROVED; as set out in Appendix I to Report PD 35-05; That the draft by-laws to amend Zoning By-laws 3036 and 3037, as amended, to restrict new institutional uses and continue to permit existing institutional uses on lands zoned "Rural Agricultural Zone - A", as specified in Appendix I to Report PD 35-05 be FORWARDED to Council for enactment on September 19, 2005; That Council INSTRUCT staff to continue to work cooperatively with representatives of Ansar Medical Inc. and the Toronto and Region Conservation Authority to locate the required roadway (east of Brock Road, where it crosses the 2177 and 2185 Brock Road properties) to maximize development on the properties while meeting the public objectives set out in the Duffins Precinct Development Guidelines; That retention of "Rural Agricultural Zone - A" zoning on urban lands BE EVALUATED when the comprehensive zoning by-law consolidation/review is undertaken by the City; That Council INSTRUCT staff to initiate a zoning by-law amendment to implement a new parking standard for places of religious assembly (churches and religious institutions) for all zones in the four City parent zoning by-laws. Executive Summary: In October 2004, Council adopted Interim By-law 6385/04, restricting institutional uses (churches, schools, educational and religious institutions, hospitals, cemeteries, places of religious assembly, etc.) on agriculturally zoned lands on a temporary basis. Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 2 Staff has studied the matter and has concluded that continued permission of institutional uses on agricultural lands on an 'as-of-right' basis does not conform with official plan policies and risks potential conflict with surrounding rural uses in the rural area. For agriculturally zoned lands in the urban area, continued 'as-of-right' permission for new institutional uses risks potential conflicts with surrounding urban uses and prejudices the ability of the City to implement Council adopted policies and urban development guidelines. It is therefore recommended that Zoning By-laws 3036 & 3037 be amended to remove institutional uses as a permitted use on lands zoned "Rural Agricultural Zone - A". Existing institutional uses on lands zoned "Rural Agricultural Zone - A" should be specifically zoned to provide for a continued lawful conforming status. Financial Implications: No direct costs to the City are anticipated as a result of action to amend the zoning by-laws to restrict institutional uses on lands zoned "Rural Agricultural Zone - A". Background: 1.0 Interim Control By-law & Land Use Policy Study 1.1 The Interim Control By-law established a one-year moratorium on new institutional uses: On October 18, 2004, Council adopted Interim Control By-law 6385/04 to restrict institutional uses, for a one-year period, on lands zoned "Rural Agricultural Zone - A" in By-laws 3036 and 3037. A copy of By-law 6385/04 is attached to Information Report No. 14-05 (see Attachment #1). At the same time, Council also instructed staff to undertake a land use policy study to evaluate the appropriateness of retaining institutional uses as permitted uses on lands zoned "Rural Agricultural Zone - A". 1.2 Findings of the Land Use Policy Study suggest elimination of institutional uses 'as-of-right' on agricultural lands, with new institutional uses to be introduced through rezoning: The study was conducted earlier this year and the findings were presented in Information Report No. 14-05 (see Attachment #1). The Land Use Policy Study findings concluded that: · None of the surrounding municipalities permit institutional uses on an 'as-of-right' basis on lands with agricultural zoning; Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 3 1.3 In rural Pickering, zoning provisions permitting institutional uses on lands zoned for agricultural purposes do not conform with Durham Regional and/or City of Pickering official plan provisions on almost all of the rural lands; The potential for conflict between new institutional uses and current rural uses can best be addressed by review of zoning and/or official plan amendment applications by Council on an individual basis; · In urban Pickering, institutional uses are permitted by the various official plan designations in both the Durham Regional and City of Pickering official plans; The requirement for site specific rezoning permits Council to ensure that individual developments conform with official plan designations, are compatible with nearby land uses, and meet Council's urban development objectives for newly developing neighbourhoods; There are scattered parcels of land zoned "Rural Agricultural Zone - A" located along the northerly edge of current urban development. Such zoning permits institutional uses 'as-of-right', which risks compatibility with existing uses. Further, the achievement of development objectives adopted by Council for both the Duffin Heights and Brock Ridge Neighbourhoods may also be frustrated by owners with the right to request building permits (i.e.: on an 'as-of-right' basis) to construct institutional projects; Although the possible risks of continued 'as-of-right' zoning that permits other uses (ie: agricultural or agriculture-business uses) on urban lands zoned "Rural Agricultural Zone - A" was not evaluated by this study, such zoning could also compromise achievement of compatible neighbouring lands uses and/or achievement of Council-adopted neighbourhood official plan policies and/or development guidelines (although such uses are less likely to be introduced in an urban area); · It appears that current parking standards for places of religious assembly in Pickering's 'parent' zoning by-laws are not adequate; Requiring such uses to be introduce through individual zoning by-law amendment applications would permit site specific revised parking standards to be imposed; Recommendations of Land Use Policy Study In order to address the findings of the land use policy study, it was recommended in Information Report 14-05 that: · Institutional uses be removed as permitted uses on lands Zoned "Rural Agricultural Zone - A" by Zoning By-laws 3036 and 3037; Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 4 2.0 2.1 2.2 · Existinq institutional uses on lands zoned "Rural Agricultural Zone - A" continue to be permitted as lawful conforming uses; Remaining "Rural Agricultural Zone - A" zoned lands in the urban area be reviewed as part of the City's future comprehensive zoning by-law review in order to remove other possible risks where zoning could allow uses that are incompatible with existing urban development; Parking standards for places of religious assembly be evaluated as part of a future work program. Public Consultation Notice of the Statutory Public Information Meeting was provided in the Pickering News Advertiser and on the City's website. In addition, written notice was also mailed to existing institutions zoned "Rural Agricultural Zone - A" and to several landowners or prospective landowners who had indicated an interest in institutional zoning on such properties. Statutory Public Information Meeting -June 16, 2005 An overview of Information Report 14-05 which outlined the City application to restrict new institutional uses on lands zoned "Rural Agricultural Zone - A" and set out the findings of the land use policy study was presented at the Statutory Public Information Meeting by staff. No comments were provided by the public (see Attachment #2 - Statutory Public Information Meeting Minutes - June 16, 2005). Comments/Consultations Public: Ansar Medical Services Inc (Mr. Jalaluddin) Agencies: · Two letters (dated June 10 and 13, 2005) indicated that two properties (2177 & 2185 Brock Road) had been purchased in order to develop them for institutional uses. Mr. Jalaluddin reserved the right to appeal the proposed rezoning; · (see Attachments #3a & #3b); City of Pickering Development Control (verbal) · No comment; Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August30,2005 Page 5 3.0 City of Pickering Municipal Property & Engineering (verbal) Region of Durham Planning Dept. Township of Uxbridge Town of Whitby Veridian Connections Discussion · No comment; · No objections; · (see Attachment #4); · No objections; · (see Attachment #5); · No objections; · (see Attachment #6); · No objections; · (see Attachment #7). 3.1 3,2 Institutional Uses should be removed as permitted uses on lands zoned "Rural Agricultural Zone - A" in Zoning By-laws 3036 and 3037: For the reasons set out in the findings of the land use policy study, it is recommended that institutional uses be removed from the list of permitted uses in the "Rural Agricultural Zone - A" zoning category in Zoning By-laws 3036 and 3037. The draft by-laws contained in Appendix I to Report PD 35-05 implement this recommendation and also provide exceptions for those institutional uses that currently exist on lands zoned "Rural Agricultural Zone - A". It is recommended that Council enact the amending by-laws contained in Appendix I to Report PD 35-05 at its meeting scheduled for September 19, 2005, so that they will come into force before Interim By-law 6385/04 lapses on October 18, 2005. Existing Institutional Uses should continue as lawful conforming uses: The existing institutional uses located on lands zoned "Rural Agricultural Zone - A" in By-laws 3036 or 3037 should retain the right to continue as fully lawful uses. Information Report No. 14-05 identified five such institutional uses that are subject to Zoning By-law 3036 and three that are subject to Zoning By-law 3037. One additional use has since been identified that is subject to Zoning By-law 3036 (see Attachment #8 for the locations of these uses). The draft by-laws contained in Appendix I recognize existing institutional facilities as exceptions. The exceptions will permit the continued lawful use of the existing institutions located on the nine identified properties. Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 6 3.3 Such lawful status will permit continued use and expansion of existing institutional facilities. If an exception were not provided, the resulting lawful non-conforming status would permit continued use, but no expansion to the existing institutional facilities would be permitted unless approved by a subsequent minor variance to the zoning by-law. Properties owned by Ansar Medical Inc. are most appropriate to be considered through a site specific rezoning application: The letters from Mr. Jalaluddin of Ansar Medical Inc. (see Attachments #3a & #3b) indicate that the properties at 2177 and 2185 Brock Road in the Duffin Heights Neighbourhood were purchased in November 2004 and January 2005. Mr. Jalaluddin consulted with City staff prior to Council consideration or adoption of Interim Control By-law 6385/04. To date, no formal planning applications for rezoning or site plan approval have been submitted. However, Mr. Jalaluddin has indicated that Ansar Medical Inc. wishes to develop these two adjoining properties as a seniors housing/care facility. Since the Interim Control By-law removed institutional uses as permitted uses from properties zoned "Rural Agricultural Zone - A", a rezoning will be necessary for such a proposal. Official plan policy and development guidelines for Duffins Precinct in the Brock Ridge Neighbourhood identify a new road to be located east of Brock Road. The properties at 2177 and 2185 Brock Road extend from Brock Road to the Duffins Creek valley across the proposed roadway. Construction of a large-scale institution on these properties could prevent implementation of a new road across the middle of the properties, thereby compromising the achievement of the Council approved neighbourhood design. Staff of the Planning & Development and Toronto Region Conservation Authority have held discussions with Mr. Jaluluddin in order to identify a suitable location for the required roadway as close to the Duffins Creek valley as is reasonable in order to reduce the impact of the road right-of-way on the development potential of the properties. Since Mr. Jalaluddin needs a rezoning to achieve a suitable institutional development on the property and it appears likely that a compromise can be reached regarding the location of the roadway, retention of the 'as-of-right' zoning permitting institutional uses on these particular properties is not recommended. It is recommended, however, that Council instruct staff to continue to work cooperatively with representatives of Ansar Medical Inc. and the Toronto and Region Conservation Authority to locate the required roadway east of Brock Road, where it crosses 2177 and 2185 Brock Road, to maximize development on the properties while meeting the public objectives reflected in the Duffins Precinct Development Guidelines. Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 7 3.4 3.5 Retention of "Rural Agricultural Zone - A" zoning on other urban lands should be evaluated when a comprehensive zoning by-law review is undertaken by the City: Schedule I to Interim Control By-law 6385/04 (see Attachment #1) identifies the urban lands subject to Zoning By-law 3036 that are zoned "Rural Agricultural Zone - A". The urban lands zoned "A" are mainly scattered across a number of urban neighbourhoods along the northern edge of the current built-up urban area of Pickering. Concentrations are found along Finch Avenue west of Altona Road, in and around the Altona Forest, north of Finch Avenue between Fairport and Dixie Roads and in other isolated parcels throughout the By-law 3036 area, in addition to Duffin Heights and Brock Ridge Neighbourhoods. While the proposal in Report PD 35-05 will remove the risk of 'as-of-right' institutional uses, other uses permitted by the "Rural Agricultural Zone - A" zoning could also pose risks to achievement of compatibility with surrounding urban uses and could prejudice achievement of Council-adopted development policies and guidelines. Although such uses are unlikely to be introduced in the urban area, risks could result from large-scale agricultural activities, agricultural-related businesses or others. Incidences of noise, light, odour or problematic site arrangements could conflict with established urban uses and may not be regulated to the same degree as those requiring new zoning approvals and may also not conform to the official plan. Since Report PD 35-05 concerns strictly institutional uses on lands zoned "Rural Agricultural Zone - A", Report PD 35-05 does not provide a more general review of the suitability of continued "Rural Agricultural Zone - A" zoning in urban areas. Accordingly, it is recommended that retention of existing "Rural Agricultural Zone - A" zoning on urban lands be subject to evaluation when the comprehensive zoning by-law consolidation/review is undertaken by the City. The City should initiate a zoning by-law amendment application to propose new higher parking standards for places of religious assembly (churches and religious institutions): The current general parking provisions of 'parent' Zoning By-laws 3036 and 3037 (and By-laws 2520 and 2511) require a general parking provision of "one space per four persons capacity" for churches and religious institutions. Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 8 However, recent experience at a number of religious institutions has been that on-site parking provided at the general standard has been inadequate and has caused overflow parking impacts on local and arterial roads. In order to correct this situation, the City has required a higher parking standard of "eight parking spaces for each 100 square metres of gross leasable floor area" for several new "places of religious assembly" by site-specific amendment in the last two years. To date, it appears that this new higher standard has adequately satisfied the parking needs. Upon comparison to standards required by several other municipalities, this new higher standard is still lower than the standard imposed by most other municipalities. In order to implement a higher standard for new places of religious assembly and for expansions of such existing uses, amendments should be adopted in all four City 'parent' zoning by-laws. Since this type of amendment was not identified in the notice for Statutory Public Information Meeting for this application (A 15/05), a new application with notice and a Statutory Public Information Meeting will be necessary before Council can consider an amendment of this general nature, in order to meet the requirements of the Planning Act. Accordingly, it is recommended that Council instruct staff to initiate an application to implement a new higher parking standard for places of religious assembly for all zones in the four City parent zoning by-laws. APPENDICES: Appendix I: Draft Zoning By-law Amendments to Zoning By-laws 3036 and 3037 Attachments: 3b. 4. 5. 6. 7. 8. Information Report No. 14-05 Minutes of the June 16, 2005, Statutory Public Information Meeting Comment from President of Ansar Medical Services Inc. dated June 10, 2005 Comment from President of Ansar Medical Services Inc. dated June 13, 2005 Agency Comment from Region of Durham Planning Department Comment from Township of Uxbridge Comment from Town of Whitby Comment from Veridian Connections Map of Existing Institutional Uses Zoned "Rural Agricultural Zone - A" Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 9 Prepared By: Steve Gaunt, MCIP, RPP Senior Planner Approved / Endorsed By: Ne,I C~~~~ Director, Planning & Development Lynda Taylor, MCIP, RPP Manager, Development Review SG:Id Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Cc ~tncJ[ ,, ThoCn~'~ J.-Ouipn/Chief ~cJministra~cer / APPENDIX I TO REPORT PD 35-05 DRAFT BY-LAWS TO AMEND ZONING BY-LAWS 3036 AND 3037 THE CORPORATION OF '1~ ~ OF PICKERING Being a By-law to amend Zoning By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. (A 15/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to remove institutional uses as permitted uses on lands zoned "Rural Agricultural Zone - A" within the City of Pickering; AND WHEREAS amendment of By-law 3036 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Subsections 7.1.4.1 (a), (b) and (c) are hereby repealed and replaced by the following: 7.1.4.1 Institutional (a) The only Institutional uses permitted on lands zoned "Rural Agricultural Zone - A" are as follows: (i) A church and religious institution, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 2, Pt. Lot 18, Now RP 40R 9710, Part 3, identified as Property Identification No. 26439-0192 and known as 2065 Brock Road; (ii) A cemetery, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 2, South Part Lot 26, identified as Property Identification Numbers 26372-0051 and 26372-0049 and known as 902 Finch Avenue; A cemetery, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 2, N. Pt., Lot 18, except RP 40R 20062, Parts 2, 3 and 4 (CO179234), identified as Property Identification No. 26439-0506 and known as 2275 Brock Road; (iv) A cemetery, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 1, North Part of Lot 19, identified as Property Identification No. 26334-0017 and known as 1900 Brock Road; (v) A cemetery, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 2, Part Lot 27, Now RP 40R 3892, Part 1, identified as Property Identification No. 26371-~0375 and known as 886-898 Finch Avenue; (vi) A church and religious institution, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 2, Part Lot 22, identified as Property Identification No. 26377-0209 and known as 1302 Finch Avenue; (b) Institutional uses permitted by Clause 7.1.4.1 shall be governed by the provisions of Section 5.15. -2- 2. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 3. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this day of ,2005. David Ryan, Debi A. Bentley, City Clerk THE CORPORATION OF TI:IE~'I~ OF PICKERING Being a By-law toamen :ng By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. (A 15/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to remove institutional uses as permitted uses on lands zoned "Rural Agricultural Zone - A" within the City of Pickering; AND WHEREAS amendment of By-law 3037 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Subsection 6.1.4.1 (a), (b) and (c) are hereby repealed and replaced by the following: 6.1.4.1 Institutional (a) The only Institutional uses permitted on any lands zoned "Rural Agricultural Zone - A" are as follows: (i) A church and religious institution, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 8, S. Pad, Pad of Lot 6, identified as Property Identification Numbers 26394-0056 and 26394-0091 and known as 3000 Eighth Concession Road; (i~) A church and cemetery, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 9, N. Pad, Lot 30, DPW #612, identified as Property Identification No. 26388-0012 and known as 5475 Sideline 30; A church and religious institution, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Plan 585, Pt. Lot 9, Now RP 40R 2633, Pads 1 - 3, identified as Property Identification No. 26383-0033 and known as 2590 Brock Road; (b) Institutional uses permitted by Clause 6.1.4.1 (a) shall be governed by the provisions of Section 5.15. 2. BY-LAW 3037 By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as amended. 3. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this day of ,2005. David Ryan,~¢I Debi A. Bentley, City Clerk 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 2.0 1,2 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. Information Report No. 14-05 Page 3 3.0 3.1 3.2 3.3 CURRENT ZONING PROVISIONS Zoninc~ 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; Information Report No. 14-05 Page 4 4.0 - 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 4.1 Policies for Institutional Uses on A,qriculturally Zoned Land in NeiqhbourinR 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. 4.2 Conformity of Current Zoninq (for Institutional Uses) with Official Plans and Provincial Leqislation 4.2.1 Rural Areas 4.2.1.1 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 4.2.1.2 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. 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): · AgriculturalAreas; · 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; Maior 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 Nei.qhbourhood Policies and Development Guidelines: Brock Ridge Neighbourhood 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 Existinq Zoning 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 Heiqhts Nei.qhbourhood - 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; Zoninq 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 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; 4.5 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. 5.0 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 part 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. 6.0 PROCEDURAL INFORMATION 6.1 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 ORIGINAL SIGNED BY ORIGINAL SIGNED BY Steve Gaunt, MCIP, RPP Senior Planner Lynda Taylor, MCIP, RPP Manager, Development Review SG:jf Attachments Copy: Director, Planning & Development INFORMATION ~.TTAOHMENT # / TO REPORT # PD ,~'~-0~ THE CORPORATION OF THE Cl~ 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 amended, for lands in the City of Pickering WHEREAS the Council of The Corporation of the City of:Picketing, pursuant to Section 38(1) of the Planning Act, R.S.O. 1990, as amended, :has pasSed Resolution 130104, 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 ofiPickering; AND wHEREAs Section 38(1) of the Planning Act, R.S.O. 1990; as amended, authorizes the Council of a local municipality to pass an "Interim Control. By-law" to prohibit the use of land, 'buildings or structures W, ithin the municipali~ .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 Picketing 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 TH:E CITY OF PICKERiNG HEREBY ENACTS AS FOLLOWS: SCHEDULE ! Schedules I & II attached to this By-law, with notations and references shown thereon, is hereby declared to be part of this By-law. 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 thereof shall hereafter be used, occupied, erected, moved or structurally altered except in Conformity with the provisions and / or requirements of this By-law. DEFINITIONS ~n this By-law: ~1) "Interim Controi B?-law" shal! meat, ~ by-taw as defined ir; Se,~tior~ 38(~i~ of the PianningAc¢., P,.S.©. 1990, as amended; (2) "lnterir~iContro{ Ares" shali mean those lands crosshatched on Schedule attached hereto; and, PROVISIONS (~) Uses Permitted ("interim Control Ares") (a) existing lawful uses; - 2- , /~T'JACH~,~EN.T #_ / TO REPORT # (b) minor additions to existing lawful uses; (c) for lands subject to Zoning By-Jaw 3036: (i) agricultural uses as set out:in Section 7.1.2; (ii) accessory agricultural residential uses 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 By-law 3036; and, (d)' for lands subject to Zoning By-law 3037: (i) residential uses as set out in Section 6.1.'1; (ii) home occupation uses as set out in Section 6.1.1.1; (iii) agricultural uses as set out lin 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 Section 6.1.4.2 of Zoning Byqaw 3037. (2) Zone Requirements ("interim Control Area") No person shall, within the "Interim Control Area" identified on Schedules I & II attached hereto, use any lot or erect, alter or use any building or structure unless it complies with the zone requirements for "Rural Ag¢i~.ultural Zone A' se[ out in Sections 7.2, 7.3 and 7.4 in Zoning By-law 3036: er Sections 6.2 and 6.3 of Zoning Byqaw 3037 respectively unless such uses legally existed on the day prior to the date of the passir~9 Of this by-law. BY-LAW AP P LICABILITY Definitions and subject matters not specifically dealt with in this Interim Control By-law shall be governed by relevant provisions of Zoning By-law 3036 as amended, and Zoning By-law 3037 as amended. EFFECTIVE DATE This By-taw 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, t990, as amended. BY-LAW read a ~:irst, second, and third time and finally passed this ]8 day of Octo~ r ,2004, David ~a,y.~_~r'~ . .... Bruce Taylor, Clerk- ATTACHI~ENT #_/.._TO ATTACHMENT ~_ '-//' ........ TO REPORT # PD 1 X'CPV' ={0 N,"~OJ_ © © 0 rJ ATTACHMENT# )NFOR~A. TiON INTERIM CONTROL AREA SCHEDULE ~TO BY-LAW_ 6385/04 PASSED TH:IS ]8 D,AY OF Octol~-r 2004 INFORMATION REPOR~ CORPORATE SERVICES DEPARTMENT CLERK'S DIVISION MEMORANDUM October 19, 2004 CITY OF PICKEFIING PLANNING & DEVELOPMENT DEPARTMENT TO: Nell Carroll, Director, Planning & Development FROi~: 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 #'~ 30104, at the Council Meeting of October 18, 2004, as follows: That staff be directed to undertake a review of the land use planning poiicies to evaluate the appropriateness of institutional uses for all lands zoned '% - Rural Agricultural" in .By-laws 3036 and 3037 in the City, including lands identified on Schedules t and Il 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 !LYN MAR ~ ~ J 4% L~ LBROOK AVE. NOTE: FROM THIS POINT( -NORTH, THE TOP OF BAI~.K I ~ BEEN ESTIMATED < ATTACHMENT #3 TO INFORMATION REPORT # 14-05 /// / /' X t I / / MAJOR OAK RD. 4 SCHOOL 4 ~~~L___~ FIGURE A - DUFFINS PRECINCT TERTIARY 100 806¢,4020 0 i(? _ _ . _2Q0 500 400 M~RES LEGEND TOP OF BANK MAJOR SPtNK ESA BOUNDARY FORESTED AREA REGIONAL FLOOD LINE DEVELOPMENT AREAS POTENTIAL. STORM WATER MANAGEMENT PONE.'.' SIGNIFICANT VISTAS BUILDING FOCAL POINT BUILD-TO LINES ,J Taunton Road City of Pickering Planning & Development Department FIGURE A TERTIARY PLAN - DUFFIN HEIGHTS NEIGHBOURHOOD TOP OF REGION& FLOOD~NE F~ RO~$ ~'.~i ':: :¥,_,~:~ ~JOR FOG~ POI~ &~% SCHooLF~RE ELEHE~ARy %c' HiNOR FO~ POI~ SCALE: 1;12500 ioo o IOO APR. 22, 2003 WItlTEVALE ,I -LAW I037 LEGEND CHURCHES AND CEMETERIES ZONED "RURAL AGRICULTURAL ZONE-A" I I I I ZONING BY-LAW 3037 [] I ZONING BY-LAW 3036 City of Pickering Planning & Development Department I DATE: MAY 30, 2005 MAP 1: LANDS SUBJECT TO ZONING BY-LAWS 3036 & 3037 ATTAOHMENT#..~..IO ~=ORMATION REPOf~~ .~m mm. mi mm-mi Z ?~'cORMATION REFOI~~ / 4: OPEN SPACE SYSTEM REGIO~DES I FREEWAYS ,',.ND MAJOR UTILITIES · OTHER DESIGNATIONS Illl II ~'u Z,5-O~, Excerpts from Statutory Public Information Meeting PursUant to the Planning Act Minutes Thursday, June 16, 2005 7:00 P.M. The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (111) 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 Steve Gaunt, Senior Planner, provided an overview of property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report #14/05. Applicant was not present. No comments from the public. -1- ANSAR MEDICAL SERVICES INC. Miracle Medical & Professional Centre 1825 Markham Rd, Suite 106, Scarborough, Ontario MIB 4Z9 Tel: (416) 609-2642; Fax: (416) 609-3579 Email: i,nfo~ansararouo,com Web: www.ansargroup.com Mr. Bruce Taylor, AaM.C.T. City Clork Corporate Services Deparln~ant City of Pickering One The Esplanade Picketing ON L1V 6K7 FAX: (905') 420.-9~$ June 10, 2005 Dear Mr. Taylor: R~: Zealng By-law Amendment Application A IS/OS, Removal ofhsi~i.,6onol use. We are the Owners of two adjacent properties, 2177 Brock Road and 2188 Brock Road. We purchased these properties by paying prime dollar amount in November 2004 and Janunry 2005 respectively. We bought these properties mainly because of thc existing permitted uses at the time of purchase, under section 7, particularly Institutional use (Sub. Sec.; 7.1.4.1). This is an important use for our community and we are planning to develop and usc this property for institutional use. Therefore, we reserve the right to appeal any decision by the City of Pickering regarding the zoning By-law Amenckne~t Application A 15/05, proposing mnoval of In~tutional Uses. Please record this letter in your proceedings ac~rdingly. Kindly forward a copy of this letter to the Mayor, Lynda Taylor and Stgve Gaunt. Thank you. Sincerely, Mohammed Jala]uddin President Copy sent via fnmimile to the following: Mayor, Dave Ryan, CiVy of Picketing Rick, Johnson, Councillor David Pickles, Councillor Lynda Taylor, Manag~ Steve Gaunt, Senior Planner Khalil Syed, Architect ANSAR MEDICAL SERVICES INC. Miracl~ Medical & Professional Centre 1825 Markham Rd, Suite 105, Scefl:x:)rough, Ontado M1B 47.9 Tel: (416)609-2642; Fax: (416)609-3579 Ernail: i_nfo~an~argrouo.com Web: www. ansargroup.com Mt'. Bruce Taylor, A.MC.T. city Clerk Corporate Services Deparunent City of Picketing One Thc Esplanade Picketing ON L1V 6K7 FAX: (905) June 13, 2005 Deox Mr. Tayloc Re: Zoning By-lnw Amendment Application A 15/05, Removal of Instttutionti use~ We are the Owners of two adjacent pr°Pertics, 2177 Bro~k Road and 21ss Brock Road, We purchased these propertics by paying prime dollar smount in November 2004 and January 2005 respe~ively. We bought these properties mainly because of the existing pennilzed us~s st thc time of purchase, under section 7, particularly Institutional use (Sub. Sec.; 7.1,4.1). This is an important use for our com~ and we arc phum~g to develop and use this property for Institutional use. Therefore, we reserve the tight to appeal any decision by the City of pickering regarding the zoning By-law Amendment Application A 15/05, proposing removal of Institutional Uses. Please record this letter in your ~Ss accordingly. Kindly forward a copy of this letter to the Mayor, Lynda Taylor and Steve Gaunt. Thank you. Sincerely, President P.S. Please note correction on the second property address. Correct address ia 21~ Brock Road and not 2188 Brock Rd. It was a t~m error in my earlier fax dated Jnne 10, 2005. Copy sent via facsimile to the following: Mayor, Dave Ryan, City of Picketing Rick, Johnson, Councillor David Pickles, Councillor I.,ynda Taylor, Manager Steve Gaunt, Senior Planner Khalil Syed, Architect The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E 4TM FLOOR June 21,2005 Steve Gaunt, Senior Planner Pickering Civic Complex One The Esplande Pickering, Ontario L1V 6K7 Mr. Gaunt: Re: Zoning Amendment Application A15/05 Applicant: City of Pickering Location: All lands Zoned "Rural Agricultural Zone - A" by By-laws 3036 and 3037 (All lands north of Highway 401) Municipality: City of Pickering PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-668-7711 Fax: 905-666-6208 E-mail: planning@ region.durham .on.ca www.region .durham.on .ca A.L Georgieff, MCIP, RPP Commissioner of. Planning This application has been reviewed and the following comments are offered: The purpose of this application is to amend Zoning By-laws 3036 and 3037 to remove institutional uses as permitted uses on all lands zoned "Rural Agricultural Zone - A", except for existing institutional uses. The Regional Official Plan encourages institutional uses to locate within Urban Areas. We have no objection to the zoning amendment. If you have any questions or require further information, please do not hesitate to contact me. Dwayne Campbell, Planning Analyst Current Operations Branch "SerVice Excellence for our Communities" N :\pim\d ckZoning\C ornments\Pickenn g~A 15-05 doc I~ 100% Post Consumer The Corporation of the Township of In The Regional Hunicipality of Durham June 7th, 2005 Bruce Taylor, Clerk City of Pickering Pickering Civic Complex One The Esplanade Pickering ON L1V 6K7 Town Hall 51 Toronto Street South P.O. Box 190 Web RE: ZONING BY-LWAS AMENDMENT APPLICATION A 15105 TOWNSHIP FILE: GR-302 Please be advised that during the regular meeting of the Planning Committee for the Township of Uxbridge on June 6th, 2005, the following motion was carried: "THAT staff be directed to forward a letter to the City of Pickering advising that the Township of Uxbridge has no objections to the proposed Zoning By-law Amendment Application A 15/05." I trust this meets with your approval. Yours truly, Debbie Leroux, Clerk /dms Telephone 905-668-5803 Toronto 905-686-2621 Fax 905-686-?005 THE CORPORATION OF THE TOWN OF YVHITBY In the Regional Municipality of Durham MUNICIPAL BUILDING 575 Rossland Road East Whitby, Ontario Canada LIN 2M8 PLANNING DEPARTMENT ~AY I 9 2005 CiTY OF PJCKERtNG PLANNING & DEVELOPMENT DEPARTMENT May 17, 2005 Steve Gaunt, Senior Planner City of Pickering One The Esplanade Pickering, ON LIV 6K7 RE: ZONING BY-LAW AMENDMENT APPLICATION A 15/05 The Town of Whitby Planning Department have no comment regarding the above noted. Yours truly, ,//,?' '.,. Robert B. Short, MCIP, RPP Director of Planning RBS/mp VERIDIAN CONNECTIONS i'vlAV 27 2005 DEVELOPMENT APPLICATION RiEVIEW ~;:ITY (DF: p~OKERING ,=LANNiNG & DEVELOPMENT ~Ep~TMFNT C,~ I~fiated- Zomg By-Law Amend~~~~ NO.: Council KcsoIafion #130/04 SUBMISSION DATI~ Vetidian Connections has no objection ro thc proposed rezoning applic:tdon- Tcchnical Representative - ?ete~ Petriw, P,Eng. Teteplaone 427-9870 F..xt, 3252 PP/df / z I: w.,.,.,~vau~ ~ t - ~ ,-;--- -':~--~' , .... -~...;--~ ...... · · ,, M I . ' , ' - ~ .......... ;, ,, LEGEND I ' ii ! I i , '"1 ----' ' "' ~ ,~ EXISTING INSTITU~ION.SzoNE a' ! I I ~ ~,'~' ~ J I ~' ZONED 'RURAL AGRICULTURAL - I [ ~ ~. _ ~ .. ~ I ~--~--;~,, t--- I ALTONA MENNONITE CEMETERY & CHURCH ~ I /~ ~/- . ~ /~ ~ ~ ~' _ ~OU.TZ~O. CHURCH t I ~o~..~..~L~ / [I o~l I ! Z 3000 EIGHTH CONCESSION ROAD ; -[--~--~ ~ ~ ~// ~ " 3 "I"DUO~.'oUc%~T"~ =m~ ~ ~,~/ ' ~ ~1 2590 I ~ ~ ~i ~ - ERSKINE CEMETERY I I .......... ,&'., m m m_m m.m m ~ ~ l~''' 4. 886-898 FINCH AVENUE '-- I ~'- , ~ ........... E ..... ' / .,E.OVA.'SWT.ES CE"'"E ~, ~ ' ..- ~.. ~ ~~., ~ ~o2 ~l.c. aVE.UR I I ' ' '/ ~ ~ ~--1 I .~ ~ WOODRUFFS CE~tER~ . / ~ ~ -'~ .,~ \ 8 I1~ I '~o~ 7 2265 BROCK ROAD I~ ...... ---' ~ _ _ _ , la,~, ~ P,C~ER~.GIS~a~'CCE"t"E ! ~ ~ ' ...... ~" ~,~ ~.~ I~ ~ .~ .~ o 2065 BROCK ROAD ; . POST CEMETERY ~ BY[LA'~ ~ ~ SOUT. WEST CO..~..OADsB.OCK & ~.GStO. 3;)36 ~ IIIII ZO...G B~-~W~. Gitg of Pickodng ~lanning & Dovolopmont Dopartmont MAP 1: EXISTING INSTITUTIONAL USES FILE: A15/05 I DATE: MAY30, 2005 ZONED "RURAL AGRICULTURAL ZONE A"