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HomeMy WebLinkAboutPD 44-06 Citlf 01- REPORT TO u 0 J EXECUTIVE COMMITTEE Report Number: PO 44-06 Date: September 11,2006 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 25/05 974735 Ontario Inc. (Robert Lennox) 3880 Kinsale Road Part of Lot 3, Concession 6 (40R-23226 Parts 1, 2 & 3) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 25/05 be APPROVED, as set out in the draft by-law attached as Appendix I to Report PO 44-06, to amend the existing zoning from "A" Rural Agricultural zone to: (i) "CLR7" Cluster Residential zone to permit the establishment of ten lots for residential dwellings on the subject property, being Part of Lot 3, Concession 6 (40R-23226 Parts 2 & 3), City of Pickering, and (ii) "EP (NO)" Environmentally Protected Area Nitrate Dilution zone, and "OS-HL-EP (NO)" Open Space Hazard Lands - Environmentally Protected Area Nitrate Dilution zone, to acknowledge a portion of the property for nitrate dilution purposes serving the proposed new residential development and to protect and maintain a portion of the property as open space, on lands being Part of Lot 3, Concession 6 (40R-23226 Part 1), City of Pickering. 2. That in accordance with Section 34(17) of the Planning Act, while the zoning amendment proposed in Report PO 44-06 differs slightly from the information contained in the public meeting notice, and Information Report No. 26-05 presented at the January 19, 2006 Information Meeting, such difference is not considered substantial enough to require further notice and another public meeting. 3. That the zoning by-law to implement Zoning By-law Amendment Application A 25/05, as set out in Appendix I to Report PO 44-06, be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a zoning by-law amendment to permit the establishment of ten Hamlet residential lots for detached dwellings fronting Kinsale Road (see Location Map, and Applicant's Submitted Plan, Attachments #1 and #2), and to permit the establishment of a nitrate dilution area, on the abutting lands to the west, to serve the proposed residential development. 1·~6brt PO 44-06 Date: September 11, 2006 Subject: 974735 Ontario Inc. (A 25/05) Page 2 The Kinsale Settlement Policies identify the property as being within a priority area for new growth and development. The proposed zoning amendment would implement the City of Pickering Official Plan. The proposed lotting pattern is consistent with the character and scale of existing development within the Hamlet of Kinsale. It is recommended that this application be approved for cluster residential development, that an environmentally protected area and an open space area be established for nitrate dilution, conservation of the natural environment and resource management, and that the draft by-law be enacted by City Council. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Background: 1.0 Comments Received 1.1 At the January 19, 2006 Public Information Meeting (see text of Information Report and Meeting Minutes, Attachments #4 and #5 · Valerie Cranmer of Valerie Cranmer Associates, authorized agent; attended to explain the proposal as outlined in the Information Report No. 26-05 and also stated that, in response to the Region of Durham Planning Department's comments on this application, a peer review of the associated Rural Servicing Study prepared by Jagger Hims was in process; 1.2 Following the Information Meeting · A letter was received from the Town of Whitby Public Works Department on January 23, 2006 which identified the subject lands as being located within the Lynde Creek Watershed, and recommended that this development be designed to minimize the potential for erosion and flooding problems downstream through the maximization of ground water recharge (see Attachment #8); · A peer review of the Supplementary Rural Servicing Study (June 2006) was completed July 5th, 2006, on behalf of the Region of Durham, and supported the applicant's proposal of ten hamlet residential lots, subject to compliance with Ministry of Environment (MOE) Guidelines; Report PO 44-06 Subject: 974735 Ontario Inc. (A 25/05) Date: September 11, 2006 Page 3 l"IO ,) .,1 1.3 City Department and Agency Comments Region of Durham Planning Department no objection to the applicant's proposal subject to the following: 1. an area of at least 6.17 hectares of this property is designated as an Environmental Protection Zone for nitrate dilution lands; 2. lawn watering from the drilled wells water supply is prohibited; 3. an updated site plan indicating lot configuration, building footprint, location of private services and the reserved nitrate dilution area along with a draft zoning by-law will be required for review by the Region of Durham Planning Department and Health Department as well as the Central Lake Ontario Conservation Authority (see Attachment #6). Central Lake Ontario Conservation Authority (CLOCA) - no objection subject to CLOCA's Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses Regulation; - written permission from CLOCA is required prior to any development of the site (see Attachment #7). 2.0 Discussion 2.1 Proposal The applicant requests that the current "A" Agricultural zoning be amended to an appropriate Residential Zone to allow the establishment of ten residential lots having frontages ranging from 35 metres to 50 metres and areas ranging from 0.23 hectares to 0.30 hectares, and to establish a nitrate dilution area on the abutting lands to the west to serve this development. All of the proposed lots would front Kinsale Road. All lots are to utilize private drilled wells for drinking water and private disposal systems for sewage. (, 0 f.ieport PO 44-06 Subject: 974735 Ontario Inc. (A 25/05) Date: September 11, 2006 Page 4 2.2 The proposed residential use and proposed nitrate dilution area on the abutting lands comply with the Pickering Official Plan designations, are appropriate and compatible uses within the Kinsale Settlement Area The subject property is designated Rural Settlements - Rural Hamlets and Hamlet Residential in the City of Pickering Official Plan. This designation permits the establishment of residential uses within the Kinsale Settlement Area. The Rural Settlements Policies of the Official Plan require development to occur along existing roads. Further, the Kinsale Settlement Area policies of the Official Plan identify Rural Hamlets as the primary focus areas for new growth and development. The applicant's proposal is consistent with these policies (see Attachment #3 - Schedule IV - 9, Pickering Official Plan). An existing cluster of residential dwellings is located immediately south of the property, and east of the property on the opposite side of Kinsale Road. The proposed lotting pattern is compatible with the existing adjacent residential development and the proposed use is appropriate on the subject lands. The abutting lands to the west are designated Agricultural Areas and Open Space system - Natural Areas in the City of Pickering Official Plan. These designations permit, among others uses, conservation, environmental protection and agricultural uses. The applicant's proposal to permit a nitrate dilution area on these lands is in compliance with the above-noted policies. 2.3 Council granted permission to permit lot creation through the land severance process The applicant received permission from City Council to allow the division of the subject lands by land severance rather than by Draft Plan of Subdivision by resolution on May 3, 2004. The Region of Durham Land Division Committee, on August 24, 2006, conditionally granted approval of land severance applications LD 258/05 to LD 265/05 to permit the establishment of ten residential lots fronting Kinsale Road. The City's interests will be addressed through this rezoning application and conditions of land severance approval. The Town of Whitby's concerns for erosion and flooding problems and the Region of Durham's requirements will also be addressed through satisfying the conditions of land severance approval. 2.4 Zoning By-law Performance Standards 2.4.1 The proposed development will be subject to the same cluster residential zone requirements that currently apply to other lands in the immediate area Report PO 44-06 Date: September 11, 2006 , 0, .i'.: .... t \.... Subject: 974735 Ontario Inc. (A 25/05) Page 5 It is recommended that the subject lands be developed in accordance with the following zone requirements for a "CLR7" Cluster Residential zone established in amending By-law 2623/87 pertaining to other lands in the immediate area: minimum lot area of 3000 square metres; minimum lot frontage of 30 metres; minimum front yard depth of 12 metres; minimum side yard width of 3 metres; minimum rear yard depth of 12 metres; maximum lot coverage of 20 percent; maximum building height of 12 metres; maximum of one dwelling unit per lot; and minimum gross floor area-residential of 95 square metres 2.4.2 Environmentally Protected Area and Open Space Area to be established on abuttinq lands Based on the findings of the rural servicing feasibility study submitted in support of the zoning amendment application, it is necessary to establish and zone a nitrate dilution area for the ten lots on other abutting lands owned by Robert Lennox. Further, it is appropriate at this time to rezone lands associated with the Lynde Creek, immediately west of the ten lots, to an open space category. Information presented at the Public Information Meeting did not identify the intent to rezone lands west of the ten lots for open space and nitrate dilution, as these requirements were not known at the time. While the zoning of these lands will change through approval of this application, the additional lands will not be developed but will remain in their natural state. Development will continue to be limited to the area of the ten lots fronting Kinsale Road, as identified in the initial notices and reports. Consequently, the intent of the zoning amendment application has not changed, and an additional notice and public meeting are not considered necessary. Section 34(17) of the Planning Act requires that this conclusion be formally stated by Council. It is therefore recommended that the implementing by-law permit an "EP (NO)" Environmental Protected Area Nitrate Dilution zone and "OS-HL-EP (NO)" Open Space Hazard Lands, Environmental Protected Area Nitrate Oilution zone on the abutting lands to the west. This amendment will establish a 6.17 hectare nitrate dilution area to serve the residential development (see Appendix I: proposed amending by-law, and Attachment #2A: recommended zoning details). This nitrate dilution area is required to meet the Ministry of Environment's (MOE) minimum drinking water standard for nitrate. (:on Report PO 44-06 Date: September 11, 2006 Subject: 974735 Ontario Inc. (A 25/05) Page 6 3.0 Applicant's Comments The applicant is aware of the content of this report, has reviewed the draft zoning by-law, and is in agreement with the recommendations. APPENDIX: Appendix I: Draft Text and Schedule Amending By-law Report PO 44-06 Date: September 11, 2006 1 '0" .. í Subject: 974735 Ontario Inc. (A 25/05) Page 7 Attachments: 1. Location Map 2. Applicant's Submitted Site Plan 2A. Recommended Zoning Details 3. Schedule IV - 9 of Pickering Official Plan: Kinsale Settlement Area 4. Text of Information Report 5. Minutes from Statutory Public Meeting 6. Comments from the Durham Region Planning Department 7. Comments from the Central Lake Ontario Conservation Authority 8. Comments from the Town of Whitby Public Works Department Prepared By: Approved / Endorsed By: ~ø Rick cefara~ Planner II Neil Carroll,IP, P Director, Planning & Development ~~"- . Lynda Taylo , P, RPP Manager, Development Review RC:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering Cit Council " '--lOB APPENDIX I TO REPORT PD 44-06 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 25/05 THE CORPORATION OF THE CITY OF PICKERING t..!OD BY-LAW NO. DRAFT Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended by By-laws 2623/87 and 3450/90, to implement the Official Plan of the City of Pickering, Region of Durham on lands being Part of Lot 3, Concession 6 (40R-23226 Parts 1,2 & 3), City of Pickering. (A 25/05 and Region of Durham Land Divisions LO 258/05 to LO 265/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of detached dwellings, acknowledge certain lands for nitrate dilution purposes serving abutting residential development and to protect and maintain lands as open space on the subject lands, being Part of Lot 3, Concession 6 (40R-23226 Parts1, 2 & 3) in the Hamlet of Kinsale, City of Pickering. AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Section 5 of By-law 2623/87, is hereby further amended by adding thereto the following: (4) (a) Uses Permitted ("EP (NO)" Zone) No person shall within lands designated "EP (NO)" on Schedule "I" attached hereto use any land for any purpose except for the following: (i) conservation of the natural environment, soil and wildlife, resource management; and (ii) nitrate dilution (b) Zone Requirements ("EP (NO)" Zone) No buildings or structures shall be permitted, nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used for resource management. ttÜ - 2 - ..··.·ru~7 .' ..,.' ,,:- o' :, .,. } (5) (a) Uses Permitted ("OS-HL-EP (NO)" Zone) No person shall within lands designated "OS-HL-EP (NO)" on Schedule "I" attached hereto use any land for any purpose except for the following: (i) preservation or conservation of the natural environment, soil and wildlife, resource management; and (ii) nitrate dilution (b) Zone Requirements ("OS-HL-EP (ND)" Zone) No buildings or structures shall be permitted, nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used for flood and erosion control, or resource management. 2. SCHEDULE "I" AMENDMENT Schedule "I" to By-law 2623/87, as amended by By-law 3450/90, is hereby revoked and replaced with Schedule "I" attached hereto. 3. AREA RESTRICTED By-law 3037, as amended by By-laws 2623/87 and 3450/90, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above, and as set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037. 4. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. day of BY-LAW read a first, second, and third time and finally passed this ,2006. ~ Debi A. Bentley, Clerk 230.Zm I.'IJ HIGHWAY 7 EP (NO) 7.5m _________---L------ 75.5m 1---- >2.0m ~ ~ REGIONAl FLOOD LINE' CLR5 ~ .. N 92.5m LOT .3 CONCESSION 6 ~ ~ SO.1m 83.1m LOT 2 CONCESSION 6 -----r-- 1 1 1 1 I ---I 1 I. AS ESTABLISHED BY THE I CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY I 1 I I I I I I I 1 --- ~ -------- ~ 1! HIGHWAY 7 42.4m 1 I I 1 I I CONCESSION 5 l_____________ CLR8 J¡ ¡j 40 ~-- I I LOT 2 I COr CESSION ~ I I 1 I 1 1 ----I 1 I I I I I I I 11' 111/ I \ I I I I \ I I LOT .3 SCHEDULE I TO BY-LAW 2623/87 AMENDED BY BY-LAW 3450/90 FURTHER AMENDED BY BY-LAW PASSED THIS 1 1 t h DAY OF .January 1988 MAYOR f1 t1~Þ V' CITY CLERK · 1,' t' ~ ATTACHMENT I I TO REPORT # PO ¿/If· () (.., I ... \ \ 0 ... « 0 0.:: SUBJECT LANDS \ ¿ W -I « If] z ~ '\ \.. I--- \ \ - f ~ HIGHWAY 7 \ð - I I 0.:: >- W .....J 0 ::> « City of Pickering Planning & Development Oepartment PROPERTY DESCRIPTION CONCESSION 6, PART LOT 3, 40R-23226, PARTS 1, 2, & 3 l' OWNER 974735 ONTARIO INC. DATE OCT. 13, 2005 DRAWN BY JB FILE No. A 25/05 SCALE 1 :5000 CHECKED BY RC ~QT:,.:~~;cË~~.rpri.e. Inc. end a. s",ppli.,.s. All rights Reserved. Not 0 pion of survey. PN-RUR 200~ MPAC one! its suppliers. All ,.íÓhts Reserved. Not 0 pion or SurvoY. /.. '1 AC,{,ŒNT # _ ¿< TO REPORT # PD L¡ ,/, 0 C-. '~1'} .. 'v' INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 25/05 - 974735 ONTARIO INC. C/O R. LENNOX ----~------- 70.6m E I 0 ~I 72Am I ,§I ~I 80Am I E I 0 "' M I 81.7m I CONCESSION 6 E LOT 3 "! Ie :¡¡ < PART 1 40R-23226 10 70.5m a::: E I UJ o I ..J ~ < en 60.6m Z IS:: ~ I I E CD o "' 55.9m E N m .... 47.8m E o m M -------- 77Am ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, OCTOBER 13, 2005. i " '..' 1. !} ATTACHMENT 2A TO REPORT #PD 44-06 RECOMMENDED ZONING DETAILS A 25/05- 974735 ONTARIO INC. C/O R. LENNOX I * AS ESTABLISHED Y THE CENTRAL LAKE ONTI'ì 10 t CONSERVATION AUTH RITY ¡-;ITRATE DILUTION AREA (LANDS OWNED BY I APPLICANT) I I I REGIONAL FLOOD LINE' I I I I I ~--T- I i 92.0m 92.5m LOT 3 CONCESSION 6 EP (NO) 10 PROPOSED RESIDENTIAL LOTS -¡-- ~ ~ ~ ~ ~ ~ CLR7 W --1 « (J) z ~ LOT 2 CONCESSION 6 -- l J S.W. ANGLE OF LOT 2. CON. 6 HIGHWAY 7 HIGHWAY 7 '\ r -¡-- \ \ \ \ I I I I I I t l' FULL SCALE COPIES OF THE APPLICANT'S SUBMITTE:O PIAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING PlANNING &, O£V£LOPMENT OEPARTMENT. THIS MAP WAS PROOUCED BY THE CITY OF PICKERING PlANNING &, O£V£LOPMENT OEPARTMENT. INFORMATION &, SUPPORT SERVICES. AUGUST. 2006. // -/ '<t / HIGHWAY :'Olf.rnr-rn.!T J ~.~ TO ' t"'!.." ,,'!'.... ~ ,. tf ,.,., ,..\),:' ì # PD_..!L 'f. D ~ SCHEDULE IV - 9 SETTLEMENT 9: KINSALE PROPOSED 407 AND TRANSITWAY ---I< W ..J « Z :;: t!15 () ~ ~ = ... 25 ~ ~ t) y '" :5 ~ © ~ ~ © þ ~""O ~~.s-I$> -\>~ 4It -. HIGH'" ...... 4It ,,'\ y LEGEND HAMLET RESIDENTIAL ...., \", SPECIAL INTEREST SITE [Z] R ~ ~ --- HAMLET COMMERCIAL OPEN SPACE SYSTEM- NATURAL AREAS RURAL SETTLEMENT BOUNDARY (PROPOSED) NEW ROAD CONNECTIONS (PROPOSED) CITY OF" PICKERING PLANNING &: DEVEL.OÞMENT DEPARTMENT DECEMBER. 200ð IC\ THIS MAp FORMs p.....T 01" I!:DITIO~ <4 Of"" THE: ÞICKERltIIG 'tfFTICIAL ÞLAN AND MUST BE ftEAO ..... C:O"''''UNCTICN WITH THE OTHER SCHEDULES AND THE TEXT. l' tv PICKERING OFFICIAL PLAN EDITION 4: Chapter Twelve - Rural Settlements 240 I'lG ATT ACHMErJT # I/- TO HEPURl tt PDJ '-/ - c £_" .~ CitJ¡ o~ INFORMATION REPORT NO. 26-05 FOR PUBLIC INFORMATION MEETING OF January 19, 2006 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 25/05 974735 Ontario Inc. 3880 Kinsale Road Part of Lot 3, Concession 6 (Now RP 40R-23226 Parts 2 & 3) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject lands are approximately 2.64 hectares in size, and located on the west side of Kinsale Road, north of Highway No. 7 in the Rural Hamlet of Kinsale (see Attachment #1 - Location Map); - the site is surrounded by agricultural land uses to the north and west, and is adjacent to residential land uses to the south and to the east; - a tributary of Lynde Creek abuts the subject lands to the west; - a conceptual plan showing the proposed future division of the subject property is provided for reference, (see Attachment #2 - Applicant's Submitted Conceptual Plan). 2.0 APPLICANT'S PROPOSAL - the applicant proposes to amend the existing agricultural zoning of the subject lands to an appropriate hamlet residential zoning to permit the development of ten future residential lots fronting on to Kinsale Road; - the following chart outlines the frontage and area of the proposed residential lots: Information Report No. 26-05 i L !;' " ï f·t If TO ,--' , i I V t./ 'I . G"J c., '"' "'..,..........,"_..,_.~--",.......--.,... Page 2 tll, Lot Frontaç¡e Area Severed Lot - LD 258/05 39.1 metres 0.30 hectares (Lot 1) Severed Lot - LD 259/05 35.0 metres 0.25 hectares (Lot 2) Severed Lot - LD 260/05 35.0 metres 0.26 hectares (Lot 3) Severed Lot - LD 261/05 35.0 metres 0.29 hectares (Lot 4) Severed Lot - LD 262/05 35.0 metres 0.26 hectares (Lot 5) Severed Lot - LD 263/05 38.0 metres 0.25 hectares (Lot 6) Retained Lot (Lot 7) 47.1 metres 0.26 hectares Severed Lot - LD 264/05 50.8 metres 0.27 hectares (Lot 8) Severed Lot - LD 265/05 49.2 metres 0.24 hectares (Lot 9) Retained Lot (Lot 10) 50.8 metres 0.23 hectares - a conceptual plan showing the proposed future division of the subject property is provided for reference (see Attachment #2 - Applicant's Submitted Conceptual Plan). 3.0 BACKGROUND - this application is the second component within a two-staged approach that the applicant has pursued for the purposes of creating ten lots for hamlet residential development on the subject lands; - Stage 1 consisted of three planning processes: · the applicant received permission from City Council to allow the division of the subject lands by land severance rather than by Oraft Plan of Subdivision for future hamlet residential development by resolution on May 3, 2004 in accordance with Section 15.26(b) of the City's Official Plan; · approval of land severances were obtained from the Land Division Committee on April 19, 2004, to sever two vacant hamlet lots from a retained lot (LD 11/04 to LD 12/04); the requested zoning amendment is for these two parcels; · approval of a minor variance was granted by the City of Pickering's Committee of Adjustment to permit the establishment of a minimum 20 metres lot frontage for the retained parcel of the above-mentioned severance applications (P/CA 4/04); \,18 , Information Report No. 26-05 'I T' "..",_,,~__ u u_!i.'i 'Q.. ~: Page 3 Stage 2 consists of two planning processes: · land severance applications were submitted to the Durham Region Land Division Committee for the further division of the subject lands (Region of Durham files LD 258/05 to LD 265/05); these applications were TABLED by the Land Division Committee on November 14, 2005, until outstanding issues have been resolved with the Central Lake Ontario Conservation Authority; · the enactment of a zoning by-law changing the existing rural agricultural zoning to an appropriate hamlet residential zoning category. 4.0 OFFICIAL PLAN AND ZONING 4.1 Durham Reaional Official Plan identifies the subject property as being designated Rural Settlements - Hamlet; identifies hamlets as the predominant location for Rural Settlement; Rural Settlement areas permit the establishment of commercial, residential, community and recreational uses; - the proposal appears to conform to the Durham Region Official Plan; 4.2 Pickerina Official Plan identifies the subject lands as being designated Rural Settlements - Rural Hamlets and Hamlet Residential within the Kinsale Settlement Area; - this designation permits residential, employment, commercial, community, cultural and recreational; identifies rural hamlets as the primary focus for new growth and development in rural areas (both for residential and other complementary and support facilities ); City Policy for Rural Settlements: · states that Council shall zone lands designated Rural Settlements in accordance with the provisions specified in the Rural Settlement Plan; · encourages new development to enhance a range of housing choice in the settlement and to be innovative in relation to compact form, water usage and sewage disposal; · requires all new development, whether on individual or communal water and sanitary services, to be based on appropriate technical services, protection of the natural environment, the protection of nearby property owners, and compliance with Provincial and Regional standards; - the proposal appears to conform to the Pickering Official Plan; Information Report No. 26-05 If '/ lj'L )~, Page 4 tlB 4.3 Kinsale Settlement Area Kinsale is recognized as a priority area for rural growth and development; 4.4 ZoninQ By-law 3037 the subject property is zoned "A" - Rural Agricultural Zone which permits agricultural uses, including a detached dwelling; _ the minimum required lot area and frontage in this zone are 0.8 hectares and 60 metres, respectively; a zoning by-law amendment is required to permit the development on smaller lots than the agricultural zoning of up to ten residential dwellings on the subject lands; _ the applicant has requested an appropriate zoning designation that would permit hamlet residential development. 5.0 RESULTS OF CIRCULATION 5.1 Resident Comments residents' comments received to date outlined the following concerns: . whether the quality and level of existing well water will be adversely affected as a result of introducing ten additional dwelling units; . the adequacy of access and egress onto Highway No. 7 from additional southbound movements generated by potential new traffic; (see Attachment #3); 5.2 AQency Comments Regional Municipality of Durham Planning Department Enbridge Gas Oistribution Inc. - requests permission to obtain additional information from the applicant's geotechnical consulting engineer and the submission of a Record of Site Condition to the Ministry of the Environment to the satisfaction of the Region (see Attachment #4); - no easements are required as all of the natural gas distribution will be installed within the proposed road allowance request that conditions be imposed in a development agreement in accordance with their letter dated November 17, 2005, (see Attachment #5); ". I'~ t- :trt1hrmation Report No. 26-05 4 Page 5 '-f Lf - (' f: 5.3 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · the compatibility and the appropriateness of the proposed use with the surrounding area; · the determination of the appropriate zoning standards for hamlet residential; · the evaluation of the effect of establishing up to ten residential dwellings on the abutting Natural Areas of the City's Open Space System; · the evaluation of the hydrological report submitted with the application; · the examination of this application to ensure that it is consistent with the polices of the 2005 Provincial Policy Statement; _ this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. 6.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Councilor 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. 7.0 OTHER INFORMATION 7.1 Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; 7.2 Information Received copies of the Applicant's Submitted Plans and Reports are available for viewing at the offices of the City of Pickering Planning & Oevelopment Department, including: Information Report No. 26-05 Lf '/ t.f ,(, £. Page 6 1,1) '1 -, ~"', · Plan of Survey of the subject property, prepared by H.F. Grander Co. Ltd., Ontario Land Surveyor, dated December 22, 2004, which shows the dimensions and elevations; · Construction Sketch Plan, by H.F. Grander Co. Ltd., Ontario Land Surveyor, dated December 22, 2004 showing ten proposed building lots with lot area calculations included; · Phase I and II Environmental Site Assessment, prepared by Jagger Hims Limited Environmental Consulting Engineers, dated June 2002; · Rural Servicing Feasibility Study Proposed Residential Development Severance prepared by Jagger Hims Limited Environmental Consulting Engineers, dated July 2005; · Rural Servicing Study Proposed Residential Subdivision, prepared by Jagger Hims Limited Environmental Consulting Engineers, dated September 2005; _ the need for additional information will be determined through the review and circulation of the applicant's current proposal; 7.3 Property Owner The owner of 3880 Kinsale Road is 974735 Ontario Inc. The Principal of 974735 Ontario Inc. is Robert Lennox. The agent for this application is Valerie Cranmer from Valerie Cranmer & Associates. ;~ TGINAL SIGNED BY ORIGINAL SIGNED BY Rick Cefaratti Planner II Lynda Taylor, MCIP, RPP Manager, Oevelopment Review RC:jf Attachments Copy: Director, Planning & Oevelopment if I. I) ~..' .;:.' (~ APPENDIX NO. I TO INFORMATION REPORT NO. 26-05 COMMENTING RESIDENTS AND LANDOWNERS (1) John R. Ward, 3297 Highway NO.7 COMMENTING AGENCIES (1) The Regional Municipality of Durham Planning Department (2) Enbridge Gas Distribution Inc. COMMENTING CITY DEPARTMENTS (1 ) none received to date "I) n c; . ,,-..J ...- '/$1" 0 G. Excerpts from 4. ZONING BY-LAW AMENDMENT APPLICATION A 25/05 974735 ONTARIO INC. 3880 KINSALE ROAD PART OF LOT 3, CONCESSION 6 (NOW RP 40R-23226 PARTS 2&3) CITY OF PICKERING 1. Planner Comments Rick Cefaratti, Planner II provided an overview of the application and comments provided so far. Concerns from residents have been received with respect to access from Highway 7 and the potential increase in traffic, along with the impact on the quality of the well water in the area. Staff advised that the Region of Durham's Planning Department and other agencies require more information on the proposal. 2. Applicant Comments Valerie Cranmer, of Cranmer Associates, Applicant Representative c,l_o c/f Ms. Cranmer stated that the applicant is working closely with J:R€Ã and the City of Pickering to provide required information. Additionally, a hydro-geological study had been prepared determining that there should not be any implications to health and an independent study was being completed and will be provided to the City along with area residents. 3. Comments from Members of the Public No comments from members of the public. Page 1 CORP0228-2/02 t ,I) -1 ""..,..., - The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E 4TH FLOOR P.O. BOX 623 WHITBY, ON L 1 N 6A3 (905) 668-7711 Fax: (905) 666-6208 E-mail: planning@ region .durham.on.ca www.region.durham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning .. Service Excellence tor OU" Communities" August 2, 2006 (., I,: lfll D< .:r.7...._.tJ._..~_. , Rick Cefaratti, Planner II Pickering Civic Complex One The Esplande Pickering, Ontario L1V 6K7 SENT VIA EMAIL TO: rcefaratti@city.pickering.on.ca Mr. Cefaratti: Re: Zoning Amendment Application A25/05 Owner: 974735 Ontario Incorporated - Lennox Location: 3880 Kinsale Road Part Lot 3, Concession 6 Municipality: Pickering Further to my comments offered on November 21 and 22 of 2005, the peer review of the hydrogeological report submitted in support of this application has been completed. The following revised comments are offered. The purpose of this application is to amend the zoning of the subject property to permit ten single-detached residential dwellings fronting onto Kinsale Road. Reaional Official Plan The lands subject to this application are designated "Rural Settlement - Hamlet" in the Durham Regional Official Plan. Hamlets are to be developed in harmony with surrounding uses and may consist of a variety of housing types. The proposal may be permitted within Hamlets. Reaional Services The hydrogeological report, prepared by Jagger Hims Limited, indicates that private drilled wells and private sewage disposal systems are able to service the proposed 10-lot development provided that an area of at least 6.17 hectares is reserved for nitrate dilution. The report further recommends that lawn watering from drilled-wells be prohibited on the proposed ten lots to reduce domestic-water demands. The peer review of the hydrogeological report, undertaken by Hydraterra Limited, concurs with the recommendations in the report and indicates that the proposal meets the MOE Guidelines for privately serviced developments. As a condition of rezoning the following criteria, as recommended in the hydrogeological report and conformed by the peer review, are to be included in the zoning by-law: · that an area of at least 6.17 hectares is to be designated undevelopable as an Environmental Protection zone for dilution lands; · that lawn watering from the drilled wells water-supply is prohibited, Furthermore, quality and quantity testing of drilled wells is to be undertaken by a qualified engineer (hydrogeologist) prior to the issuance of any building permits. ""r¡ .·r~ t~",d Page 2 I.! tf- () ,> An updated site-plan showing the lot configuration, building footprint, location of private services and the reserved nitrate dilution area/block along with a draft zoning by-law will be required for review by this department, the Health Department and CLOCA. Provincial Policies and Deleaated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. A Phase I and II Environmental Site Assessment by Jagger Hims Limited indicates that on-site soil, surface water and groundwater quality complies with the Ministry of Environment Guidelines. The MOE has acknowledged that a Record of Site Condition has been filed on the Environmental Site Registry for the subject property. If you have any questions or require further information, please do not hesitate to contact me. , - . /;) /I I /.1 I ./,1 V(Á VV1 ~ YvVl/ C Dwayne Campbell, Planner Current Planning Cc via email: Regional Health Department - Karl Kiproff Regional Works Department - John Molica N:'pìm\dc\Zoning\Comments\Pickering\A25~05 _revised .doc (,') ~~ ..ff;r ¡-ttr 1':< ,,~ ~~.~..¡f~:':,{ .., / 100 Whiting Avenue Oshawa, Ontario L 1 H 3T3 Tel: (905) 579-0411 Fax: (905) 579-0994 Cen tral Lake Ontario Conservation t/'/cG [F~JIQ) Web: www.cloca.com Email: mail@cloca.com Member of Conservation Ontario July 27, 2006 R E C· E'~ t! \U E: D~"'1t ." ....~!~ V m:;. I 'l" ") " ""0'" J JL. d ¡ LU t) City of Pickering Planning & Development Department Pickering Civic Complex One The Esplanade Pickering, ON L1 V 6K7 CITY OF PICKERING PLANNiNG & DEVELOPMENT DEPARTMENT . Attention: Rick Cefaratti. Planner II Dear Sir: Subject: Zoning By-Law Amendment Application - File: A 25/05 Owner: 974735 Ontario Inc. (Robert Lennox) Location: 3880 Kinsale Road, City of Pickering, Ontario Part of Lot 3, Concession 6, Pickering CLOCA File No.: A 25/05 - CLOCA IMS No.: PVOG115 X-REF.: LD 258/2005 to LD 265/2005 and LD 011/2004 & LD 012/2004 Purpose of Application: To amend the zoning to permit the future development of single detached residential dwellings fronting on Kinsale Road. Authority staff has reviewed the above noted application and most recent submission dated June 12, 2006 (in response to our January 4,2006 comments) and no longer have any objections to the approval of this application. Staff also request that the applicant be imonned that all of the lands represented by this application are currently subject to Ontario Regulation 42/06, the Authority's Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses Regulation. Therefore, written pennission from the Central Lake Ontario Conservation Authority is required prior to any development on site. Thank you for the opportunity to comment on this application. If you have any questions regarding this matter, please contact the undersigned. ~ITWY' t'LDanHOpe ~ . Provincial Offences OfficerlPlanner DR/kIt cc V. Cranmer, Valerie Cranmer & Associates, Port Perry g:\planning\planning\comments\Lennox.ZoningAmend.A25-05 .b. pick 'What we do on the land is mirrored in the water @ THE CORPORATION. OF THE TOWN OF WHITBY In the Regional Municipality of Durham (7 e~')', 'Ò vf~ L/,/-Ob TelephQne 905-668-5803 Toronto 905-686-2621 Fax 905-686-7005 MUNICIPAL BUILDING 575 Rossland Road East Whitby, Ontario Canada LIN 2M8 PUBLIC WORKS DEPARTMENT Engineering Section (905) 430-4307 File: B-2400 January 6, 2006 E~E i'f ~ Ii') R \J' ""'" ~ "~ "'''''>' ¡ij."A Ms. Debi A. Bentley, City Clerk City of Pickering One The Esplanade Pickering, Ontario Ll V 6K7 2 ;~, ,""-¡TY OF __,~ ....1 ., NG & OJ: ',';C. .. PLANNID~P~.1~'7h!¡F:>! , ~- >- ' Dear Ms. Bentley: RE: Zoning By-law Amendment Application A25/05 3880 Kinsale Road, Pickering We note that the subject lands are located in the Lynde Creek watershed. Although, we expect that this proposed development will have little impact on the creek flows, it would be advisable to encourage ground water recharge to the maximum extent in order to minimize possible erosion and flooding problems downstream. Yours truly, ~~~,.¿j áJ ~ c lev'~ Pi G...nn ¡'f1 C dm pc: LEONARD WELCH, C.E. Engineering Technologist ( Paul Jones, Clerk Wm. (Bill) Watson, Manager of Engineering & Development Se Ed Belsey, Planner CORR TAKE APPR. ACTION -¡ ~ f) :J< /. ~ .~. '~,,~'....I (),:) ~ i¡ ~ .........r,i