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HomeMy WebLinkAboutDecember 1, 2008 Planning & Development Committee Agenda Monday, December 1,2008 7:30 pm Council Chambers Chair: Councillor Johnson PART "A" PLANNING & DEVELOPMENT REPORTS PAGES 1. Director, Planning & Development, Report PO 44-08 City Initiated Application Zoning By-law Amendment Application A 14/08 1105 Kingston Road City of Pickerina 1-32 RECOMMENDATION 1. That Zoning By-law Amendment Application A 14/08, initiated by the City of Pickering, to amend the by-law schedules of amending Zoning By-law 6778/08 to reflect City Council direction that a future road identified on the Brookdale Centre Inc. property be 10 metres in width, be approved; as set out in Appendix I to Report PO 44-08; and 2. Further, that the amending zoning by-law to implement Zoning By-law Amendment Application A 14/08, as set out in Appendix I to Report PO 44- 08, be forwarded to City Council for enactment. 2. Director, Planning & Development, Report PO 46-08 Rockwood Drive Extension Parts 2, 4,5,8, 13 and 14, Plan 40R-21166 Road Closina and Transfers of Land to Abuttina Owners 33-37 RECOMMENDATION 1. That Report PO 46-08 of the Director, Planning & Development regarding the closing and conveyance of portions of Rockwood Drive be received; 2. That Council enact a by-law to: (a) stop-up and close certain portions of Rockwood Drive being those parts of Lot 5, Registered Plan 282, designated as Parts 2, 4, 5 and 8, Plan 40R-21166 and those parts of Blocks 21 and 22, Plan 40M-2068, designated as Parts 13 and 14, Plan 40R-21166 as public highway; I Planning & Development Committee ~genda Monday, December 1, 2008 7:30 pm Council Chambers Chair: Councillor Johnson (b) declare those portions of Rockwood Drive set out in (a) above surplus to the Corporation for the purpose of sale to the abutting owners, in accordance with the provisions of the Municipal Act and the Acquisition and Disposal of Land Policy, subject to any required easements; and (c) authorize the execution of all relevant documentation necessary to effect the stopping-up and closing of those portions of Rockwood Drive as public highway and to effect the conveyances of them to the abutting owners for nominal consideration, subject to any required easements., 3. Director, Planning & Development, Report PD 48-08 Zoning By-law Amendment Application A 9/08 Addendum Report to Report Number PD 25-08 Fairport Inc. 692, 700-702 Front Road (Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65) Citv of Pickering 38-108 RECOMMENDATION 1. That Report PD 25-08 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 9/08 submitted by Fairport Inc., on lands being Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65, City of Pickering, to amend the zoning to permit the development of the subject property for three detached dwelling units be approved as outlined in Appendix I to Report PD 48-08, and 3. Further, that the amending zoning by-law to implement Zoning By-law Amendment Application A 9/08, as set out in Appendix I to Report PD 48-08, be forwarded to City Council for enactment. (II) OTHER BUSINESS (III) ADJOURNMENT REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PO 44-08 Date: December 1, 2008 01 From: Neil Carroll Director, Planning & Development SUBJECT: City Initiated Application Zoning By-law Amendment Application A 14/08 1105 Kingston Road City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 14/08, initiated by the City of Pickering, to amend the by-law schedules of amending Zoning By-law 6778/08 to reflect City Council direction that a future road identified on the Brookdale Centre Inc. property be 10 metres in width, be approved; as set out in Appendix I to Report PO 44-08, and 2. Further, that the amending zoning by-law to implement Zoning By-law Amendment Application A 14/08, as set out in Appendix I to Report PO 44-08, be forwarded to City Council for enactment. Executive Summary: The application proposes to amend the zoning by-law schedules of By-law 6778/07 which was passed by City Council on June 18, 2007. When Zoning By-law 6778/07 was passed, the by-law schedules did not accurately reflect City Council's direction that a potential future road, located along the northeast boundary of the Brookdale Centre Inc. (Brookdale) property, be identified as 10 metres in width. Rather, the by-law schedules illustrated, in error, a potential future road width of 19 metres located fully on the Brookdale property. This amendment is technical in nature and will allow Brookdale to continue to develop its lands in accordance with the City Council decision of June 18, 2007. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. Report PO 44-08 December 1, 2008 Subject: City Initiated Application (A 14/08) 02 Page 2 Sustainability Implications: This application allows the continued development of the Brookdale lands being an infill project that provides for commercial intensification, makes efficient use of vacant lands, and takes advantage of existing infrastructure within the City's urban area. Background: 1.0 Introduction On June 18, 2007, Pickering City Council adopted amending Zoning By-law 6778/08 for the Brookdale lands (see Attachment #1 property location plan). It was discovered at a later date, during the development of the Brookdale lands, that the By-law schedules did not accurately reflect Council's direction that the potential future road along the northeast boundary of the Brookdale property be identified as 10 metres in width (being half of a potential future full road ROW width of 20 metres). On July 14, 2008, Pickering City Council passed Resolution 153/08. This Resolution directed staff to initiate an amendment to the schedules of Zoning By-law 6778/07 to reflect City Council's initial direction, such that only 10 metres of road width is identified on the Brookdale lands. 2.0 Comments Received 2.1 At the August 18, 2008 Public Information Meeting Two people spoke in opposition to the application at the public meeting. The first, a representative of Pentans Developments Ltd. (Pentans), the owners of 1167-1191 Kingston Road, being the land directly north of the proposed future road that is the subject matter of this application. The concerns expressed were related to the future location of the proposed road. Amending the by-law to indicate only a 10 metre requirement from Brookdale would establish the future need for a road width requirement of up to 10 metres from Pentans property, which they strongly oppose. A second person spoke regarding traffic concerns along Walnut Lane and Kingston Road (see text of Information Report and Meeting Minutes, Attachments #2 & #3) 2.2 Written Public Submissions on the Application One written submission has been received from the solicitor representing Pentans. The correspondence questions the Official Plan conformity of the proposed amendment; the impacts of a future road on the Pentans lands; whether the proposed amendment is the correct interpretation of CouncWs previous direction; the appropriateness of establishing a municipal road on a ten metre right-of-way; the future road construction complications related to grade differences between the Pentans and Brookdale properties; and the impact Report PD 44-08 December 1 , 2008 Subject: City Initiated Application (A 14/08) Page 3 03 the amendment will have on the City's ability to implement the road network vision for the Town Centre West area (see Attachments #4). 2.3 Agency Comments No agency that provided comment has objection to the application. 3.0 Discussion At the June 4, 2007 Planning & Development Committee Meeting, staff presented a recommendation and draft by-law that protected for a future 20 metre wide road right-of way, entirely on Brookdale lands, along the northeast boundary of the property. At this meeting Brookdale requested that only 10 metres be required from its property for a future road and that any additional lands required for the future road be from abutting properties such as Pentans (shared provision of road right-of-way). . Brookdale presented to the Committee its requested modification to the proposed implementing by-law and included a diagram that illustrated a shared road configuration (see Attachment #2). The requested modifications were accepted by the Planning & Development Committee and included in its recommendation to Council. The zoning by-law schedules adopted by Council in By-law 6778/07 on June 18, 2007 did not reflect a sufficient northerly shift in the future road to implement Council's direction that only 10 metres of the future road be located on the Brookdale property. The schedules in fact illustrated, in error, the full road width entirely on Brookdale's property. On July 14, 2008 City Council directed staff to initiate this amendment to correct the location of the future road shown on the by- law schedules. This application is considered a corrective amendment to adjust the by-law schedules as directed by City Council. The proposed amendment allows Brookdale to proceed with the development and construction of the next phase of its project, in accordance with the intent of City Council's approval of June 18, 2007. . Approval of the amendment will not result in the immediate introduction of a municipal road at this boundary location. Prior to any road development, the Town Centre West Development Guidelines will need to be amended to reflect changes to the internal road/aisle pattern for the Town Centre West area. Council has directed City staff to report, through the current Official Plan Review, on the policy changes required to reflect the changes to the Town Centre West Development Guidelines based of the approval of the Brookdale zoning amendment. Staff have also included a housekeeping amendment to change the reference of the "future road" parallel to Highway 401 to a "drive asile" to reflect the requirements of MTO. Report PO 44-08 December 1 , 2008 Subject: City Initiated Application (A 14/08) 04 Page 4 APPENDICES: APPENDIX I: Draft Zoning By-law Amendment Attachments: 1 . Location Map 2. Information Report No. 15-08 3. Minutes from August 18, 2008 Statutory Public Information Meeting 4. Abutting Landowner's Comment - David Tang, Gowling Lafleur Henderson LLP Prepared By: Approved/Endorsed By: ~'fin Ross Pym, MCIP Principal Planner - Development Review Ne~ Director, Planning & Development RP:cs Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering Cit Council II APPENDIX I TO REPORT PD 44-08 DRAFT IMPLEMENTING ZONING BY-lAW ZONING BY-lAW AMENDMENT APPLICATION A 14/08 05. 06 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. XXXXl08 Being a By-law to amend Zoning By-law 3036, as amended by By-law 6778/07, and 6809/07 to implement the Official Plan of the City of Pickering, Region of Durham, on Part of Lot 23 and 24, Concession 1, in the City of Pickering. (A 14/08) WHEREAS the Council of The Corporation of the City of Pickering passed By-laws 6710/06, 6778/07 and 6809/07 amending By-law 3036, to permit a variety of commercial uses including a home 'improvement centre on the subject lands, being Part of Lot 23 and 24, Concession 1, in The City of Pickering; AND WHEREAS By-law 6778/07 as amended by By-law 6809/07 included schedules that illustrate a future road location that did not reflect City Councils direction with respect to the location of the future road on the property; AND WHEREAS City Council desire to correct the schedules to reflect their original approval of the development by reducing the future road width requirement from the subject lands; AND WHEREAS an amendment to amending By-law 6778/07 as amended by By-law' 6809/07, is required to shift identification of a future road width northerly by reducing the road width requirement for the lands zoned "MU-21" is deemed appropriate; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedules I and II to By-law 6778/07, as amended by By-law 6809/07 are hereby amended by shifting the location of the east/west leg of the future northern road width in the "MU-21" Zone designation on the subject lands as set out on Schedules I and II attached hereto. 3. AREA RESTRICTED By-law 3036, as amended by By-law 6778/07 and By-law 6809/07, is hereby further amended only to the extent nece~sary to give effect to the provisions of this By-law as set out in Section 1 above, and as set out in Schedule I and II attached hereto. Definitions and subject matter not specifically dealt with in this by-law shall be governed by the relevant provisions of By-law 3036 as amended. By-law No. XXXXl08 Page 2 4. EFFECTIVE DATE This By'-Iaw 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 17th day of November 2008. David Ryan, Mayor Debi A. Wilcox, City Clerk 07 . . ~ /~ '/7; !l~ I G'vS~ \V \, I \ I \ \ 102.5m FUTURE ROAD .. ~ 59.2m \ ./ /40R-12678 ~ '( PT. OF PT. 4 & PART 5 3 ---- MU-21 U> !J' 3 ---- 1-- \ \ \ CON " PT LOT 23.24 RP 40R-6179 PTS. 2.9-11, PART 15,17,18.19 PT 6.7.8 ANO RP 40R-9889 PART 3 o <( o 0:::: 40R-12678 PARTS 6-9 "" '" '" 3 40R-12678 PART1&2 w X o :-< 40 'I I,--\\GI,--\\f\J!\ l' N SCHEDULE I TO BY-LAW AMENDED BY BY-LAW AMENDED BY BY-LAW PASSED THIS DAY OF 2008 6778/07 6809 /07 ~ ~ - r- I~ /' 1 /t);( /f\ '''1 I ~~ I G'v<V~ t/ 40R-12678 PI. OF PT. 4 '" PART 5 -- -\-- \ \ \ 40R-12678 PARTS 6-9 -- o <( o 0:::: 40R-12678 PART 1 "'2 ~ ~ I'; ,; ,; I ;1 wv 3 t- ::> z <i. ~ 10.0 FUTURE ROAD \ I \ \ \ \ 09 - , I I I I I I I I I I IW :Q? 1< Iw CON I. PT LOT 23,24 RP 40R-6179 I> PTS. 2,9-1'. PART 15.17.18.19 PT 6.7.8 10.0m~g; AND RP 40R-9889 PART 3 I I I ~~~~~~~..J -~~ I I I I wi -'I Ul, <I wi >, -I 251 I :-10.0m I I I I I \ \ I \ \ \ \ \ \-\ \ G \-\ \N ,l\ '(' BUILDING ENVELOPE SPECIAL POLICY AREA 40\ BUILD TO ZONE HOME IMPROVEMENT CENTRE BUILD TO ZONE l' N SCHEDULE n TO BY-LAW 6778/07 AMENDED BY BY-LAW PASSED THIS DAY: OF 2008 ,I I '1 0 ATTACHMENT II f TO REPORT II PO Li II- - 0 K' "I I\-:jB ~ 'W~ ~ CU\rSS 7ENUA G\o~ / /:><'N~ ~ B S\O<f.<f.\'<;". Y /v - COUR-r- VL/ w I I ~ .2 if\ ll~' //~<f.o'r\)/ ~ E ~ :5 ~~ vV' / n MEADOW II/) t=~ s'v//v / -0_ ~}>)~VI}v/ , ~ CRES. ~'()t= /V ~ I I \' 1i' j;;, y · e-- i'I: / Q ;-~~~/l/ I-- f-- \... \ J G\..~ \\./ ------"- R~O ~,y ~ I---...... ----{ II'/ ~GS\O >- ~ \J- i-' <l: g2 'X',~\ \lBARTO 19 0\)'0 0 iJN/TED (,\..0 v: K/ ~/ I R~~ -;:; CRESCENT === ~~ I ~J]LE8ERRY AVE. ~ SUBJECT PROPERTY o <l: o 0::: ~'- o ~ ~7___ "'" -"" <1,.0\ \-\\G\-\'-Np..'{ ~ ~~~ ~~ ) ~^ln SIRttl ~,{l'{~ ----l /i :\\\ \ \ \\JJij w - f-.r \\\\\\' U" R 2:: ~ ~ tj~ \p..\.'\l~t =gs --..--- ~ ;-4 ft~~ == ';. WAYFARER v J-----: 1": \\ \ \l ~ -f? ~ LANE ~y.~~- ~O::: > ~_-/~';o \-- () _ <l: L..~"'N"'~O==:::;; i.: k" .// '-- c == ~ I '<....( ~ == .....: ~ ~t=~~ ~ ~~ ,-_.,~ Planning & Development [epartment au "---- ~ ':)\1"(,(\ r ~ ~V/ E ; ~ Ii City of Pickering PROPERTY DESCRIPTION CONCESSION 1, PART OF LOT 23, 24 OWNER BROOKDALE CENTRE INC. DATE JULY 24, 2008 DRAWN BY JB FILE No. A 14/08 SCALE 1:5000 CHECKED BY RP l' ata :s:ourc..: ~ 1005e~p~~c~:~!I~:s 1~~pp~r;,~s.it~IIS~j:~~~"sRe~~,.~~~~tsN~e~e~~ad~ ~~ts~~:,n of survey_ PN-B ATTACHMENT #:2 TO REPORT II PO 4 '1-0 ~ 1 1 Citl( 0/ INFORMATION REPORT NO. 15-08 FOR PUBLIC INFORMATION MEETING OF August18,2008 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: City Initiated Application Zoning By-law Amendment Application A 14/08 1105 Kingston Road City of Pickering 1.0 BACKGROUND - on July 14, 2008, Pickering City Council passed Resolution 153/08 related to amending the schedules of Zoning By-law 6778/07 for the Brookdale Centre Inc. lands (see Attachment #1); - a property location map is provided for reference (see Attachment #2) as well as a copy of Schedule I and II of am~nding Zoning By-law 6778/07 (see Attachment #3); . - the Resolution directed staff to initiate an amendment to the by-law schedules of amending Zoning By-law 6778/08 to reflect the original City Council direction that the road dedication from the Brookdale Centre Inc. property be only 10 metres; - during deliberation on the rezoning application for Brookdale Centre Inc. at the June 4, 2007 Planning & Development Committee meeting, three amendments were adopted to the staff recommendation contained in Report PO 18-07, and one of the amendments was to realign the east/west section of the future north road so that only 10 metres was to be conveyed by Brookdale . Centre Inc.; - the relocation of the road came about by means of a request by Brookdale Centre Inc. at the June 4, 2007 Planning & Development Committee meeting when they presented to Committee their requested modification to the approval of the rezoning application and included a diagram that illustrated a shared road configuration (see Attachment #4); - this amendment shifted the location of the proposed future north municipal road so that any future road dedication would be split equally (10 metres each) between Brookdale Centre Inc. and the abutting property to the north (Pentans Development Ltd.); Inforl~tion Report No. 15-08 ATTACHMENT# ~ TO REPORT I PO l./ (1- 0 f( Page 2 the revised draft zoning by-law schedules provided by staff and adopted by Council in By-law 6778/07 on June 18, 2007 did not reflect a sufficient northerly shift in the future road to implement the Committee's direction that only 10 metres of the future road be located on Brookdale Centre Inc. property, and in fact illustrated, in error, the full road entirely on Brookdale Centre Inc. property; Brookdale Centre Inc. now intends to proceed with development adjacent to the south limit of the future northerly road and in order to do so requires that the schedules to Zoning By-law 6778/07 be amended to accurately reflect the original City Council direction that the road dedication from Brookdale Centre Inc. be only 10 metres. 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Reaional Official Plan designates the subject lands as Living Areas; areas designated as Living Areas are intended to be predominantly used for housing purposes, and may include limited office, retail and personal service uses; in consideration of development applications in Living Areas the intent of the Plan is to achieve a compact urban form, including intensive residential, office, retail and service and mixed uses along arterial roads and in conjunction with present and potential transit facilities; Kingston Road where it abuts the subject lands is designated as a Type B Arterial Road and as a Regional Corridor; the proposal appears to conform to the Durham Regional Official Plan; 3.2 Pickerina Official Plan the Pickering Official Plan designates the subject lands as Mixed Use Area - Mixed Corridors; permissible uses within Mixed Use Area - Mixed Corridors Area include, amongst others, a variety of uses including residential, retailing of goods and services, offices and restaurants; Mixed Use Areas are intended to have the widest variety of uses and highest level of activities in the City when compared to other designations; the subject lands are within the Town Centre Neighbourhood of the Official Plan; the Pickering Official Plan encourages the highest mix and intensity of uses and activities in the City to be in this neighbourhood; the subject lands are within a Detailed Review Area and the City has adopted the Town Centre West Development Guidelines that cover the subject lands; Schedule II of the Pickering Official Plan - Transportation System designates Highway 401 as a Freeway and designates Kingston Road where it abuts the subject site as a Type B Arterial Road and a Transit Spine; Information Report No. 15-08 ATTACHMENT #_ ~ TO REPORT # PO _f t; - {) f Page 3 "13 Type B Arterial Roads are designed to carry moderate volumes of traffic at moderate to high speed and have some access restrictions; a Transit Spine is where a higher level of transit service is to be encouraged; Schedule " of the Pickering Official Plan... Transportation System designates Dixie Road where it abuts the subject site as Local Roads; Local Roads generally provide access to individual properties and carries local traffic; Schedule 11/ of the Pickering Official Plan - Resource Management designates a portion of the abutting property associated with the Pine Creek as Shorelines and Stream Corridors; Shorelines and Stream Corridors identify lands that may be prone to water impacts, such as flooding, erosion and slope instability; the subject application will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications; 3.3 Town Centre West Development Guidelines the Town Centre West Development Guidelines were adopted by City of Pickering Council on February 20, 1995; the Development Guidelines identifies matters such as the land use mix and arrangement, the scale and intensity of use, the transportation/internal roads network, engineering matters and community design requirements; the Development Guidelines also indicates; building setbacks and build-to-lines, building heights, vehicular circulation, access, and parking; the Development Guidelines establishes certain overall principles for the areas development and they include a mix of use, an internal road network pattern, connections to the existing Town Centre Neighbourhood and adjacent neighbourhoods, a variety of housing and office building types and a pedestrian and open space network; the internal road network planned for the Town Centre West Neighbourhood is an integral component of development in this area and Council has directed City staff to report, through the recently initiated Official Plan Review, on the policy changes required to reflect the changes to the Town Centre West Development Guidelines,based of the approval of the Brookdale Centre Inc. rezoning application; 3.3 Zonina By-law 3036 the subject lands are currently zoned "MU-21" - Mixed Use Zone by Zoning By-law 3036, as amended by By-law 6778-07; the existing zoning permits a variety of commercial uses as well as, residential apartments located above the first floor of a building; an amendment to the zoning by-law is required to implement Council's direction respecting the road; I fl . Inforr-aation Report No. 15-08 1 . '\;,1 ACHMEN7 #-...2_ TO ~ UORl it PO __Y.' Y":.e..e Page 4 4.0 RESULTS OF CIRCULATION 4.1 Public Comments - Pentans Development Limited, the property owners to the north of the proposed road, have been in contact with the City, both directly and via their solicitors, expressing their opposition to any proposed road that would be partially located on their property or to any planning process that would establish a future municipal road at this location (see Attachment #5); 4.2 Agency Comments no agency comments have been received to date. 5.0 DISCUSSION - as this application is consider a corrective amendment to adjust the by-law schedules as directed by City Council the Planning & Development Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and 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 be notified Qf Council's decision regarding the zoning by-law amendment application, you must request such in writing to the City Clerk; if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed zoning by-law amendment, does not make oral submissions at the public meeting or make written submissions to the City of Pickering before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal; if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal; Information Report No. 15-08 ATTACHMENT # C} TO lr:PORl if PD~ -u ~ Page 5 1 5 7.0 OTHER INFORMATION 7.1 Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the application at the time of writing the report; 7.2 Information Received - as this application is consider a corrective amendment to adjust the by-law schedules no technical reports have been prepared for this application; - the need for additional information and/or technical reports will be determined through the review and circulation of the applicant's current proposal; ORIGINAL SIGNED BY ORIGINAL SIGNED BY Ross Pym MCIP, RPP Principal Planner - Development Review Lynda Taylor, MCIP, RPP Manager, Development Review RP:ld Attachments Copy: Director, Planning & Development 1 6 ATlACHi\i1EilJi 'I '.. Q REPORT # PD~1.:-Q~.____._~ APPENDIX NO. I TO INFORMATION REPORT NO. 15-08 COMMENTING RESIDENTS AND LANDOWNERS (1 ) none received to date COMMENTING AGENCIES (1 ) none received to date COMMENTING CITY DEPARTMENTS (1 ) none received to date i """;, ",'.!" "~"'" # I TO ,.... ,.... ,.~" I. ..... :._! ,; .. ,', P", '['<'"-0 e < .._,._........,:....,~ ~..,.,..,.~...,.- 1 7 NOTICE OF MOTION . ' DATE: JULY 14,2008 MOVED BY~ COUNCILLOR.DICKERSON 'SECONDED BY: COUNCILLOR O'CONNELL Amendina Zonina Bv-Iaw 677Si07- Brookdale'Centre Inc., . .' . WHEREAS the Planning & Development Committee on June 4, 2007 considered staff report PO 18-07 being, a recommendation report 'on thE! .second phase of rezoning application A 03/06 by Brookdale Centre Inc. and adopted three amendments to the staff recommendation that resulted in changes being req~ired to the draft zoning by~law . . amendment and draft conditions of approval; and WHEREAS one of the amendm.ents shifted the location of the proposed future north' municipal road so.thatthe. future road dedication would be split equally (10 metres e~6h) between Brookdale Centre Inc. and the abutting property to the north {Pentans . Developme~t Ltd.); and . . . . . " , . WHEREAS staffre\fised , the' draft amending zoning by-law ,to implement . the . Committee's amen'dmentsfor Council's considerati9n and approval; and . . . Wtl~~E:AS therevis.ed draft zoning by-law schedules provided by staff and adopted by CounCiI,in.By-law 6778/07 on June 18, 2007 did not reflect a sufficient northerly shift in thefutLJr~ road to implement the Committee's direction that only 1 0 metres of the future road be located on B(ookdale Centre Inc. property, ~nd in fact illustrated,.jnerror, the , full read entirely on Brbbkdale Centre Inc. property;' and' ' , . WHEREAS Brookdale' Centre Inc. now intends to proceed with deveiopmentadjacent to the south limit of future northerly road and has requested that the'City of Pickering amend Zoning By-law 6778/07 schedules to accurately reflect the original City Council direction tha.t the road dedication from Brookdale Centre Inc. be only 10 metres.' 1 B ATTP,CHlVlENT # I . TO REPORT # PO IS -0.(5 NOW THEREFORE City Council qirects staff to initiate an amendment to the by-Jaw schedules of amending Zoning By-law 6778/08 to reflect the original City Council direction that the road dedication from. the Brookdale. Centre Inc. property be only 10 metres; and FURTHER, that Brookdale Centre Inc. and Pentans Developments Limited be sent a . copy of this resolution. . ....;,..... ATTACHMENT I REPORT' PO ;;) TO I~ -0 ~ 1 9 . _,~,,;......w________.__.\. ._.... ..........~II....... -! f-,---- 11l.UJ '\-..--"\ ~ ~ '<c"//.~V '. I I-- 3: f-,---- Il"'TTI 'I .--J \ \ .:>< I-- ~ I. ~ CULROSS AVENUE ../ ./ - -m"(/, ~ .........'\\'\\1I1l. ~ S-<"'O~~'~ Y V.....,.-1 . III I ...LLL ~ '1. COUR"'i _ I ./.,J RAMBLEBERRY AVE. - Z m 1 3 /~v _ w I r === ~ , ~ ../ ~o~ _ > ,'== Vl:5 / ~ T77; == j ~ // / . ~.~W~/ i~/ . ~~ CRES. ~\~=. ./ ,,/" 8 III \ ~ ~~= V/ ;i ];iAS= v L-~ i.": ; \ C) c,\"~~/ -\. R~ ~. ~ I--. '-- ./ 'I . s'\o '- --Ic.~ l/\~r:.; >-~ \to ~ ~ Z . ~"\ vBARToIIg ~\)ro 00 NITED C},,o ~ t(/ ~/ ~ ~ SUBJECT PROPERTY o <( o 0:: . w . x'" o ~ .. ~ 4Q\ t\\Gt\'t-lJl' . ..~ ~~~ -- :z~ s>"((' U(L ~ B~i~ ~ . ... __~r-lB~~ g~1I a~u , . ~...--:: ~.--- . ] ~ \;,(1\\lli\1 C::::: ~ WAYFARER !f- ~~ . ~\~ :':-i~ LANE r S,R((1 /.. ~~~)~~ ~ / " ~n~ -c;~~ . ~VI<I; Planning & Development Department City of Pickering PROPERTY DESCRIPTION CONCESSION 1. PART OF LOT 23. 24 OWNER BROOKDALE CENTRE INC. DATE JULY 24. 2008 DRAWN BY JB FILE No. A 14/08 SCALE 1 :5000 CHECKED BY RP l' '" PN-8 DOl.O--50urc..: : ~Cr05.~p~J.:r':~.~~. 1~~'pp~::.~..it~II.~r:~~':".R.~~~~~l.Nc:.~.,,:::,d,; ,~rts~r:.l:.n of .UN.Y. .. ATTACHMENT' ~ TO REPORT I PO 1$-0 'A 20 1 \V 102..i5111 10 f\ST\JRE ROoW t/ 8 4QR.l U7I .. 40fl-1~ 1'1'. Of' P'l. 4 .. rwrr 5 3 -: -v.- >- \ ~ ill _-12171 :l .\ PNlI1 I-I __12178 P,llITl .. 2 . MU-21 COlI t. I'f IDT 2:1.24 Ill' 4OR-11711 PIS. 2,8-11, pNff 11,17,11,1' 1'1' 1,7'" ANll Ill' 4OR-_ rwrr J I I I I \ I :ie.2m ~ i " 40' r\\Gr\'/.Jf>;l 6778/07 6809/07 t SCHEDULE I TO BY-LAW AMENDED BY BY~W PASSED THIS 15th DAY OF October 2007 ATTACHMGJT # :S-eO REKlRl # PD I S - 0 ("'\ 1 L .~ ~ \ I I \ I \ _-1217' PNfTI.2 ~ ~ ~ r\\G\-"\'N~'< BUILDINe; ENVELOPE . ..' . ,~;' i SPECIAL POLICY AREA BUILD TO' Zp~E HOME IMPROVEMENT CENTRE BUILD TO . ZONE 40' t SCHEDULE n TO FSf-LAW 9778/07 PASSED THIS 18th DAY OF June 2007 '<( L5 J: a: () ~ .... ~ W ...I ~ ~ C/) 2 j ~ n!g iCl~ lfol:l81 (; 1~~~!inI8Ij *ili-''''.......~<l4!;8 !:I:"':flO~ O!!illlh uouz~/:\J 3!~ 6....~~B?5 ii! ~",~u....g8~hii Q"O' ".".'. . -'~" -', =I~ lit Ii ] : ~~t~ '~f ~~ ~; !!I ~J!~ t-:.-; I- U Ii o ~ ll~ 0 Cl. ~ i w ~ 4: 'ilo Z f 0 I 0 i~ <( I- W 4: ~i ~ ~ l! I ~ ~ ~li a ~ _ <( .! w ~.~ = .... ElI. U ~~ ~i7i o' ~ U ~ ~i i ~ .... I 4: p !i! , ATTACHMENT#~TO INFORMATION REPORT, I s.. Q~ ' :ti(,.lqUMdi,AKIlitKllnt ., .lio,.",~.......-, ,1I11'.l!Ni~ ., F,.......: r.~' ) '4" u u z z is is ...I -' S S CD CD >- r w w CY CY 0 0 I-- I-- C/l C/l W ~ Z 0 I-- 0 I z w 0 W .....I ,. II> ! l ~ ~ ~ ~ ~ .!! 5 I/) (3 ... >- <( ~ I t:) I ~ ~~ ~ co en w J: ~ o ~ t- en W 83 ~ ~ en ~ j (1; ~ 0 ~Cl ~ ~Z'" l~~ %:7:9 1150 :lG.... t",~ ~~~g ATTACHMENT#A-TO _ Cl~8~1 t INFORMATIONREPORT#.J s...o~ Zo"'O 'J ilt iu. I~ ~~~gll ~ 0~~~i9h Z~~!.I~3~~ ~h~dd el~H ~ IIJ 1iGdqli;urlj ~rrtllr<<Tfr::: ~.:!o-i' i\,;.\rL',,-, ',.1;1: "ii' .' f,,,, ~,.. I:.... I- U 2 a: z I 0 W W f 0 I: 0 <( ~o Z I- W <(O~! :3 ~ 0 I :::;; z ~~ 0.. ~ .' <l: o <( U UJ ..~ ~ ! ~ "1 ^ ",: .. g:~",FP~~ if' ~ !3 ~ 8 ] ~ U I ,"l"li, illl ~1 ~;1 III ~;b ,::..s A II I ~ ~ c ~ I, ~ I I I I - I ~ - - .9! lJ II) f- a a.. W o W :::;; a ,I ,,;. 5 v >- ..: ~ I C) I .. ~;,,- -- ----,.-,-.~- ?Z;:j1' - .!..,":'-=---~~'.,::-.:.~--;:.-:-.\,-' : ,- ;:'l 'n7T~}{i-r ,~7. - '.. . 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'.I"l:'Tll': ATTACHMENT#..iL TO INFORMATION REPORT# /5 - o~ >- <i :5;0 0 w w l.L>-~I OW<iU > I- I-Zo<i I06I S2uo n:::wn:::Z ~mm~ OO>-I ~I-m(f) '- <( 3: C:J ~L~ ~~ -.' ~ ~e~ ~ c~: ~:;5:; ~~ "'" '..j s s~' ;:' i~~ I P C/l ~ 1ii E o 10 ~ o o Lq, ~ ~ Q) 5 en ATTACHMENT # ~ ~TO REPORT' PO "'"E*=Ol ,~'-r.,..~r5. ') - L~ Brookdale Centre Inc. ,Concerns with Staff Report '& Proposed By-law 'June 4, 2007 Our client is concerned staff report relative to the following matters: 1) Mandatory minimum height and second useable storey requirement should only apply to the buildings fronting along Kingston Road and not apply to Building B and Building C (Sketch A). .2) Our client requests that the proposed public road be located along Highway 401, behind Home Depot and Building B (Sketch B). 3) If staff location of the road is approved by Council, we would request that the road dedication is split equally between benefiting landowners of 10 metres each (Sketch C). ATTACHMEin #... ~ TO REPORt # PD~--o~ 26 BRlTCE IvfcMINN IlARRISTER & SOLTCITqR } THORNCLIFFE A VENlJE TORONTO ONTARIO CANADA M4K 1 V4 416.406.1957 bJnq rnj,tlBi<!; ini~rI()g. (~Oln FHe No.: 104*08 March 13, 2008 By emaiI: 1Rl::Jll.l.il~.jt\.!..ickcrinf!.on;\.:a The Corporation of the City of Pickering Planning Department One The Esplanade Pickering, ON Ll V6K7 Attn:.lvtr. Ross Pym, Principal PklOner Dear Sir: Rc: PENTANS Developments Limited 1167*1191 Kingston Roud, Pickering nrookdnle Centre Inc. Bv-Iaw No. 6778/07-Site Plan Almlication r am solicitor to Pentans Developments Limited, owner of premises known municipally as 1167- 1191 Kingston RoadlPickering. My client's buildings are fully leasedl and have enjoyed a succcssfu13ndhl\..tuI~sealJdoccupati()n since their cOllstruction by my client in 1979. My client recalls specifically the (former) Town's encouragement for, and direction to, its proposed land uscs ,it this location. . . It has come recently to my client's attention that BrookdaleCcntre Inc. recently madc appHcatiol1 for rezoning oflands to the \vest of the Pentans lands, to permit various retail/commercial uses on said lands. The initiative resulted in the City's adoption of By-law 6778/07. An executive officer of my client attended the only public information session (June 15, 2006) as the said by-law prnceeded through the municipaJ approval process. My client generally welcomed new development in the area; it was not averse to the orderly commercial development of local lands to the benefit of the City and Pentans. In reliallee on Stan- representations, my client was satis11ed that the proposed Brookdale rezoning generally represented good land use planning. But under no circumstances wouJd have my client ~~~~~~~' I-t~ eTO 2 27 ~lcquiesced to any munIcipal road taking or down-7.oningof its lands, My client was tllcrefore utterly incredulous wht'n it was recently advised that. as parl of the proposed Brookdalc site plan agreement, a portion of the "Future Road" shnwn clearly on Schedules I and n of By-law 6778/07 as being located eiltirely on the Brookdale lands, has apparently been linilaterally relocated in part to my client's lands, This, without any SlQtutory basis and \'I<'jtho\.lt permitting my client any informed opportunity for submission thereon, And this nom:ithstanding: that the relevant Official Plan provisions make no accommodation for such initiative; that such initiative would undlily and adversely affect the operations of my c.1ient's tenants; and that such w'ouldsubstantiaUy constrain tmy redevelopment opportunity which my client might enjoy on its lands. Underl1(l circumst~lnces \vill my cLient accept the City presumption that these lands will be made available to the City, or thtnthe necessary lands \vill be "conveyed by others shown hatched", To el1SUfC good land use planning, my client recommends that the City require the proposed . Building "e" on the Br()okdale site plan be relocated --10m west of its currently.shO\VD location. This \vould ensure conformity \\lith the approved zoning by-law by locating the . -proposed ;;'Future Road" v..ithin the approved right-of-way. Otherwise, my Client will effect all of its legal remedies to safeguard its operationa]w1d development rights withrespect to its lands, I \\'i11 absent from the country until !\.1~n;h 24, 2008: my client requests a meeting with you and the City Sol icit()r as soon as possible tht~n:..after. Yours truly, ~- BRucr~ ]\/lC!vllNN cc. Pcntans Dc\'clopmellts Limited ce. His Worship Mayor David Ryan , ~ i ; A;:ACHMENT #:3 TO Excerpts from R:YQRl # PO L/f -og Special Planning & Development Committee Meeting Minutes Monday, August 18, 2008 7:30 pm - Council Chambers Chair: Councillor O'Connell 2. Zoning By-law Amendment Application A 14/08 City Initiated Application 1105 Kinqston Road. City of Pickerinq A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to an application initiated by the City of Pickering for property municipally known as 1105 Kingston Road. Lynda Taylor, Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also noted that if a person or public body does not make oral or written submissions to the City before a by-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not . be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. Ross Pym, Principal Planner, Development Review, gave an overview of zoning amendment application A 15/08. . David McKay of MHBC Planning, a representative for the applicant appeared before the Committee in support of the application. Adrian Trembling, a representative for Pentans Development Limited appeared before the Committee in opposition to the application. Mr. Trembling stated that his company had carefully followed the previous application and at no time were they informed the road had been moved and stated that they had spoke to the Planning Department and were assured the road would be on Brookdale property. He. noted that if they had known the road had been moved they would have appealed the change. Mr. Tembling stated that they could see no reason why Building C could .not be moved to accommodate the road system on Brookdale land. Mr. Tembling stated that this amendment would have serious implications to their land and requested that the by-law not be amended. Jeff Snape, 1735 Walnut Lane, Unit 10, appeared before the Committee and noted that there was already a traffic mess at the corner of Walnut Lane and Kingston Road and that this development would make it worse. 3 -. --.---- _~.~v rn~~ VV"VV~ ~~^ ~Q~V~! ATTACHMENT I If TO REPORT # PO t.j '-I - 0 <t ~~ GlwllII.lIftlll' HInMan w I Barrlltell180lclcrl I Pttent 1 Tilde Milk AQtiltl 8~1I 180D , RIll CaIIIdlIrl P!IM '00 ICIng enet Weft Tmnb, 0rlIM0 CanIdI MIX Has TllePlcne (411)_?S15 . '.Willl (411l....7..' www.gawlhSll.OlIII1 DIvIIt O,IC. TliItI DRat (418) tlH647 Dlrwat ,.. '4") 11I.1141 drM..."II.....oam 29 S~~er12,2008 VIA rAC8DIU.uJD DD.lVDY Mayor and Mcmba oCCUy Council Corporation of the City ofPlckedng . I The EIpIaaado . Pick~ ON LIV 6X7 Your Worabi,p IDd Mabin of Counc:i1: Be: Pro,.ecl ZO..... By-law to ...d ZoaIII B,.LI" '1711fY1 ~ UOS.-- Road (dI. Broo.... c.en lat.laell) We IrI the .oUciton !or Pema Dcvelopmcat. Limited C"P.."",?, the 0WIlel' atlanu known municipally u 1167 - n 91 l(JqItcmlold. Peatani' 1.. abut 1105 KJDaatDn Road, which t. th. IUbjtc:t ofZoniDa By-Jaw 6171107. Tbi.lattar i'llUIDD1ll')' of WI' went'. primary c:on=na with retpeet to the ptOpO.ccS JOJJiq by-law, which would _end . "'e of ZoniDs By-law 6778101 by recluciq the wldtb of1he Ilea zaud for"Puture lload" tom 19 metrel10 10 metres. Thillotter' JI'O'Vi- IIUIDIIIII)' aaIy ot the ,nm.y ecmcema ad our elleat rillIVI. the riaht to niIo Idditlonll illllllllKi gonce. GIJwabou.t the procell &ad at the Ontario Mmdcipll Board. c_~ t8 OIQ~..I PIaa .... \'Wan far 6. T_ ~rtre WntN.....hft1b'la"^" It huloQ beat the City Of'Piekll'ins'l intent. uset out iD the aty'. Oftlcial Pllll aDd in variou. ~rtJ produced aver the lilt 25 to 30 >-'I, tor \be TOWIl CcnIte Weat ne1Jbboudlood to be dlveloped with. mumcipal10ld plttem mcborld by eutIwat collector 1'OIda. 'Ihoae eatlwest collector midi would COIIDClCt tb,l_1I to the out oftbe Ton Ccntze We. ~d with bath DUde R.OId md KiDpton R.oId. .. . WhID Brookdatl Ceatre IDe.. ("Broolrdlle") hrou&bt ita IpJillCltfaa to rer.cme 1105 KmptoD Roacl (the "Bl'DOkdaIe Ladlj in 2006, tho City of PidulriDa'. iDitil! rtqUIlt. fora mid netwolt were CODIiltent with ad ClDDbmed with thole 1000.tandfq 0fBda1. Pll11 policlea. Cit)' Itatr l'tIXXDmlllded two fun wlctdl eaVwelt tIlIIDlclpal "*' nIDIWl' thmusb the BmokdaI. ' Lmcb. Our cliel wu b1volved in the early meetiDaa with fe8J'ect to that fIlZD21inIand lUpported thoac Itaft' rKOmIDlIJdatiODl. BVID whlD Brookda1" DOIJ' Ibe cad of the r-nni", J'IOCWI, CODYtnced. the City that omy ODe euttwCIt mUDidpal JOtd wu 1JCedcd, tbtt JDUIliaipal road wu intended to be I &11 19 metre fn wtcldt. It. alfpnent wu ratfOJlll IDd appeared to be a compIOOIiR. looated u f. DDrth II po_sible on thl Brookda1e LInd., lmmIdiltoly to the 'O\ltb of the 'cntanl' tN. While the 101:1tion wU a little funbIr D01'tb 1baD the ldCll liianmerst if only ODe Mltlwest municipal wa to ran througb tho netahbaarbood, it wu !tin at a IN'f!icient MOIlIIiII I 0IrIr.a J ICIIIIII. I Toronto , HInIbln I WIIIrloo Region I CIIQIry I VlllCClUYIr I MoICClW I 30 ATTACHMENT # tf TO REPORT # PO If/j-v~ GIwIftt LlfllUr _....... UI 1.~_l80'" (Pallnll T~d' M'rkAcieni I Page 2 .ize, width and location. Neither Pentw nor Brookdale appealed ZoninJ By-law 6778~1 u pUled to the OntIrlo Municipal Board. ne proposed amendment aiFificantly reducel the likelihood that I municipal road, conforming . to the City'. ulUllltaDdard fOr I municipal rold, would ever be oonatructIcL By-law 6718/07 made UIe of tbe. oppottunity ,pteJCftted by Brookdlle'. claire to develop in orda' to .ecare I tUll- width 1 gm wid. fOld.. '111e propoaed ZCI1iq hy-law IqUlDdea that opportuDity, aiviDI bark to the develop<< that lan4. It is biably UIN8UI1 for a mUDiciJ'llity to permit I developer orlandi thi. hi. to dev,lop without leourinI fvcn ODO fUll width road. It i. uakaown whlD Pentuu and the owner of 1211 KinptoD R.oad "fiO'llld redevelop their 1mb, ofterina another opportunity for the acquilition of the balanoe of the road. This new proposed alignment would al8D require the City to acquire the lanel from two separate lIDdoWDCrlm.tclld of one, with the added unCllltainty that entlib. It i. unlikely the 1h01O two popcrtia woaldbo fCldcycloped at tho .IDlI time or thBt both will have the .ame delJro or inccati'VC CO cooperate with the .City, ftlrthcr fraplImtiDl the opporNnity to implement the Oftlclal Plan', polloi. aDd maJdDS It Ieee Uke1y 1bIt its objlCtl will IVtI' H ac:hiwecLPor CXID1p1I, PCDtInI hu ahwcl)' indioa&ed t1IIC it hu no" ct.irw to " redevelop ita pt'OJ)CIt)' iA such . way . to aft'otd the mum_ty 811 opportuDit)' to obtain . CDnvwylnce Df the ~iJ\l 10 metreI. Not cm1y will &cbieviq the lona-ltaDdina and appropriatl vilion for the Town Ceabe West.Naigbbourhood be delayed for many years, it i8 . "queat:iVDlbl, whither it c:lID IVcr be 1Cbi1YCld. rm..aafJI af ....41_......1 aQ J211 KIa_tea Raid" "MA'Yins the road atflDlDcnc IOdhwlfd8 tqX*Dt. bid plauiq whea )'OU couidcr the lands to the flit of Pefttll1l' la.. Pintl)'J thia new fOld aUpn.t would :run Into the parkins area for thl ailtinl bllilctiq located It J21 J XiDptDlllold. 1be pIOpOIId mid, it Ilipcl in this mIDIIll' cau1d not be .teaded uatillUdl time .. t1Iat bui1ctiuI Wit dcmo1iBhed IISd the lite redmI1oped. AliJIIiDI d1e rold In tJdl way-al it mon ctiftlcult for the fOld CO b. extended 1\a1'c1mr in accar4aDce with the Offtcit1 Plan'. poUeI.. 8aadJy, . axteuion to ti. proposed road aliaammt into 1211 IGnpton Road wCNId divide tbat propoay iDto tine parcell. "The soathemmolt pmel wouW bo too sma1t to develoJ on ita own aad woul4 ~t an Idditlonal " colt to the City if It choo.. to expro,priato. Toe camat .urnmt . j)Nferahle becauN an cuterly lltIDIion WOl31cl not leave t'hat lizo of l'eIIIDlInt parcel. ....D&!fIan af WldtIa Not A .Claar Ceu-tl DJNedmI Thote hu been & IUption that City CoUDCiJ iuttuctcd .td'to reduce the widtb of the road to 10. mllrel. It hu 'been auarated our cUent bew that IDd acquiescecl to it. That iJ DOt the cue. Pindy, our client wu not at the me... when it Iw beea suaeacod Council pw thole inltzuctiou. SClQQIIdIy, it if DOt 01_, mil 8'OID the miD_ of tho meetinl that CouneiJ pvo thole lu1Nctioa, U cviclCDCld by the f'ICC tbat tho by-law wu &Wizod lmcl p~ requiring. . 19 metre road. Tbe more obvious iDtapntadOD of t1uI COUDCil iutructlOI1 il that tho 10 metre ltItImeat nfen to the size oftbe INI to he ClODItrUCIIMf (a oppOl. to zoned or clodicatec1). lD lIlY eveat, our clilDt quite property uacaed the ZODin. by-law u pUllld &Del dctcrmiDecl it had no oonoom. with By-law No. 6778/.07. It WII, in &.ot, UIIIWIR that Coucol1 wilhecJ to takl thia ~. . " .t"'!ItiOD. Monu.' I 0ItawI I Kanlla I Toronto I HalllmCn .1 WIIIIIooRegIon I car.", I VllIClClCMr 1 MoICCIW I 'ATTACHMENT # L/- TO REPORT # PO 'I '1-- () f aIWiirI.~L.di_I~-U:P'y-~..~-r~.~'__-,'---'- 3 1 Plat " Sabttud.rd Road RiUt..or-)Vav If the City recop.et that it ClImOt quire the baImce of the land. necCllary to create a tbIl width mUllioipal road in the near to medium term, 'it may be forced to acquire and open I IUbltlDdard 10m municipal road. Thil would, we ~it, oontnIvcmc lOCtion 4.3 md ".4 ot the , Official P1111. The City would libly flDd it impouible ~ isq)]emcnt IJ'FOpriate boulevlrd daip, inlta11 the DIC.sary lidewalk., be cozutrained m ita placement of ,ervicel and tal. the normal ahiJity to widen the trawlled OD ponion of the !'Old in the tbture. 1hi. is particularly 'tnnablclIOII1C1 blGllJlI tN. road fa the only pmpolld IIIt1welt mid IICUZId ftJr the Town Centre WCtt nei8l1bourhoocl. The propoled rezoDiDg makn it more libIy that the City Will be forced to ' ulUtne a rubataftdard and undesirable road confisuratio~The rezoniDs throw. away polllibilitiw1br the proper tbture development of this area. If that wee to' OGC:UI', that would have eipifiCllDt ncptive impIc:ta on PentIDJ. PlIltaDl' woulcl the be m . polition wba there may be preaurc 011 it to tab KCCI' !om I auhltudard mvalcipal mid. AU the ather IandI in tho area would Iimi1arty be hampered by I mbltlDcfard rold. . . Ca..trul!tlaa 1_.. wi'" .A~I......allt The ~aed alipntllt it aIao iDappropriltl ifft contlmplat.. the remainiq to molres could be Idcled to the width of , the 1'OId &om 1hc PCDtaaI' llDda. T.biI pouibiJity cloa DOC take into account the lipiflclftt di1rtnDoe in pda betwemthe area zoned "Future R.oad" OIl the Brookdale LIDda and tho lOutbamOlt portion at the Peotana property. WllUbnUt that it would .. very diftlouIt, IDeS ccrWDly mudJ. more 'llqHlnIiw for I road lID b. couatructad balf on the PlIltaDa' .laftcIlDd half on the Brookdale LadI than OIl the cummt Ilipu:nent. Purthc:rmore. the , builclinp. the driveways aDd circm1aticm. pattImI approved IDd CODItIW:ted on the PIDbIDa aite would DOt Ic:commodatC a1lWllic:ipal mild oceupy!q the lOutlwnmnat 10 metra of the property. lUll......., We would ursethat Council Dot amend Zomna By.!1IW 6778/07. The City hu alrea4y secured III appropriate aHaamlllt for the nquIred eutlwelt COnectDr road tor !he Town Centre West ncilhbourhood in accordanc. with the City'. OftIcial PII1L To &iVl up I raid rllht-of.wlf that mectI the Qty'. &lOmW width 1lIDdardI. in the potllitiaJly vain hop,. or a 1\Im oppommlty to acquire tho other haltotth. ftqUiJed risht-ot:.way bn allDd owner who ha iadfoated it his DO 1mmediate reclevelOpmeat fmea&i0Dl is ua.wUe. P.... the pmpo8ed zODin. by.Jaw would Jet the City baok II1II1)' )'Un in itl offorta to implem.cat itl vilicm mr dUa Dlisbbourhood. lipMcantly Impact m acpive ""YI boch else Pal.' ,ropcrty and the property to the eat and molt importlDt!)', effectively "imi~ my near or mediam tIlm. oppoItUDit)' for the necenary rold I)'8tem planned tbr die Town Cmtro Weet na,bbourbooc1 to be eeoared uuJ comtructed. PI... be adviseel that 0111' diet Pentana iDtlDlll to oppose thit ruomDl ad will 'Utilize it. appeal riahtl it neceuary to protect iu i:ltcre1Cl, the interwtI of the ncisbbo1D"fnl IwfllDd to Idvance the exUtiD. pllDllinspolici. which ~lClI1t good p7~ fur thi, Ira MonlrMI I oraWl I I<InItI I TOlOnto I Hlmllon I W.i.1oa "-fOIl I, CIIIIrY I VIncIOlNII' I MaIocI. I ATTACHMENT # if TO - REPORT # PO -'i. 'I ::.i:Lr.{.._____ . - -3- 2 ___n_ ---- __om ......... LIft., ""'~ W' I .......11aIIl:1M I Plllnt IT/IdI Milt Aglnll I PIG' 4 Please Ceel free to telephone me if you have any questiona. Yom very tnIly, GowtlNG L.ULItJR fDNJ)WONLLP D.::::.\fJ DCT;cch 'l'OJUAW\ 6"0441'1 MonttMl I Otta-. I I<InIta I Tcxarm I Hlmllon I War_ ~ I ~ -I VlIrlllQ\Ml I MoIcow I REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PO 46-08 Date: December 1, 2008 33 From: Neil Carroll Director, Planning & Development Subject: Rockwood Drive Extension Parts 2, 4,5,8, 13 and 14, Plan 40R-21166 Road Closing and Transfers of Land to Abutting Owners File: 00306 Recommendation: 1. That Report PO 46-08 of the Director, Planning & Development regarding the closing and conveyance of portions of Rockwood Drive be received; and 2. That Council enact a by-law to: (a) stop-up and close certain portions of Rockwood Drive being those parts of Lot 5, Registered Plan 282, designated as Parts 2, 4, 5 and 8, Plan 40R-21166 and those parts of Blocks 21 and 22, Plan 40M-2068, designated as Parts 13 and 14, Plan 40R-21166 as public highway; (b) declare those portions of Rockwood Drive set out in (a) above surplus to the Corporation for the purpose of sale to the abutting owners, in accordance with the provisions of the Municipal Act and the Acquisition and Disposal of Land Policy, subject to any required easements; and (c) authorize the execution of all relevant documentation necessary to effect the stopping-up and closing of those portions of Rockwood Drive as public highway and to effect the conveyances of them to the abutting owners for nominal consideration, subject to any required easements. Executive Summary: On July 3, 2002, Norvalley Homes Ltd. entered into a Development Agreement with the City. One of the provisions of that Agreement required Norvalley Homes Ltd. to construct a turning circle and convey the lands subject of the turning circle to the City until such time as Rockwood Drive was extended northerly into the adjacent lands. As the Rockwood Drive extension has now been constructed satisfactory to the City and as the turning circle has been removed and restored to residential status, it is appropriate to stop-up and close it as a public highway and reconvey the lands subject of the turning circle to the abutting owners. Report PO 46-08 December 1, 2008 Subject: 34 Rockwood Drive Extension Road Closing and Transfers to Adjacent Owners Page 2 Financial Implications: Legal Fees and Disbursements Developer's/Applicant's Cost Sustainability Implications: The enactment of the road closing by-law is an administrative process that will ensure compliance with legal and City conditions prior to the conveyance of the subject lands to the abutting owners. It does not directly impact the City's sustainability initiatives. Background: On July 3, 2002, Norvalley Homes Ltd. entered into a Development Agreement with the City. Provisions of that Development Agreement required Norvalley Homes Ltd. to construct a turning circle and convey the lands subject of the turning circle to the City until such time as Rockwood Drive was extended northerly into the adjacent lands. In 2006, the City entered into a Development Agreement with Donald Robert Spring providing for the construction of the northerly extension of Rockwood Drive and the removal of the turning circle referred to above. As the Rockwood Drive extension has now been constructed satisfactory to the City and the turning circle has been removed and restored to residential status, it is appropriate to reconvey the lands subject of the turning circle to the abutting owners. The turning circle lands have been dedicated as public highway and therefore it is necessary to formally stop-up and close them prior to reconveying them to the abutting owners. Attached is a draft by-law giving authority to formally stop-up and close the turning circle lands and reconvey them to the abutting owners. Attachments: 1 . Stop-up and Close Location Map 2. Draft Stop-up and Close By-law Report PD 46-08 December 1, 2008 Subject: Rockwood Drive Extension Road Closing and Transfers to Adjacent Owners Page 3 35 Prepared By: Approved/Endorsed By: ,d7 .~ Denise Bye, S pervisor Property & Development Services , CIP, RPP anning & Development DB:bg Copy: Chief Administrative Officer Recommended for the consideration of Pickering City il /1 36 ATTACHMENT I~TO REPORT I PO ~ Dcg w > - (t ./ 0 \ ROCKWOOD ~ r - PART2&4 - PART 13 40R-21166 ~ 40R-21166 PART 5 & 8 ~ PART 14 40R-21166 -..... 40R-21166 W PROHILL STREET > - (t 0 , 0 0 0 5 ~ u 0 (t City of Pickering Planning & Development Department PROPERTY DESCRIPTION PARTS 2, 4, 5, 8,13 & 14, 40R-21166 1- OWNER CITY OF PICKERING DATE OCT 29, 2008 DRAWN BY JB FILE No. STOP-UP & CLOSE & CONVEY PORTIONS OF ROCKWOOD DRIVE SCALE 1:1000 CHECKED BY DB ~a a ~ourc..: PN.10 Torenol Enterpri... Inc. and ita supplier.. All ri'irht. Reserved. Not a pion of survey. 2005 MPAC and its suppliers. All ,.iahta Reserved. Not 0 pion of Survey. ATTACHMENT' ~ TO REPORT # PO Ll ~ - 0 '0 , THE CORPORATION OF THE CITY OF PICKERING 37 BY-LAW NO. DIAPr Being a by-law to stop-up and close as public highway certain portions of Rockwood Drive being those parts of lot 5, Registered Plan 282, designated as Parts 2, 4, 5 and 8, Plan 40R-21166 and those parts of Blocks 21 and 22, Plan 40M-2068, designated as Parts 13 and 14, Plan 40R-21166 and authorize the sale of the lands to the abutting owners for nominal consideration. WHEREAS pursuant to the Municipal Act, the Council of the City may pass by-laws to stop-up a highway, or part thereof, and to authorize its sale or the sale of a part thereof. NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. The following portions of highway are hereby stopped-up and closed to both vehicular and pedestrian traffic: . Rockwood Drive being those parts of lot 5, Registered Plan 282, designated as Parts 2,4, 5 and 8, Plan 40R-21166 and those parts of Blocks 21 and 22, Plan 40M-2068, designated as Parts 13 and 14, Plan 40R-21166 as public highway. 2. That those portions of Rockwood Drive described above are hereby deemed surplus to the needs of the Corporation and shall therefore be offered for sale to the abutting owners, subject to any required easements, for nominal consideration ($2.00). 3. The Mayor, City Clerk and City Solicitor are authorized to obtain all relevant documentation necessary and execute all documentation required to effect the above. BY-LAW read a first, second and third time and finally passed this 15th day of December, 2008. David Ryan~~r Debi A. Wilcox, City Clerk 00306 REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PO 48-08 Date: December 1, 2008 From: Neil Carroll Director, Planning & Development SUBJECT: Zoning By-law Amendment Application A 9/08 Addendum Report to Report Number PO 25-08 Fairport Inc. 692,700-702 Front Road (Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65) City of Pickering Recommendation: 1. That Report PO 25-08 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 9/08 submitted by Fairport Inc., on lands being Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65, City of Pickering, to amend the zoning to permit the development of the subject property for three detached dwelling units be approved as outlined in Appendix I to Report PO 48-08, and 3. Further, that the amending zoning by-law to implement Zoning By-law Amendment Application A 9/08, as set out in Appendix I to Report PO 48-08, be forwarded to City Council for enactment. Executive Summary: On July 14, 2008 City Council considered staff Report PO 25 -08 (see Attachment #1) respecting the subject application and referred the matter back to staff to allow the applicant additional time to respond to staff's recommendation and to present any new information respecting the subject lands. The applicant has now revised the application to increase the proposed lot yield from three to four lots and to increase the minimum lot frontage from 10.3 metres to 12.0 metres. A planning rational report to support the revised application, to rezone the lands to permit a total of four future lots having lot frontage of 12.0 metres, was also submitted. Further, the applicant has requested modifi9ations to some of the performance standards in the staff recommended draft by-law that was an appendix of Report PO 25- 08. The Planning & Development Department has reviewed the applicant's planning rational report but continues to recommend that only three lots be created from the subject property. We do however support a reduction in minimum lot frontage to 13.5 metres from our initial position of 15.0 metres, and also support several of the applicant's requested modifications to the by-law performance standards. These revisions provide flexibility in lot configuration to accommodate several of the applicant's development objectives. Report PD 48-08 Subject: Fairport Inc. (A 9/08) Date: December 1,2008 Page 2 39 An infill project of three residential lots with minimum lot frontage of 13.5 metres is considered an appropriate use for these lands and reflective of the character of the area. The staff recommended by-law contained in this report will permit development that is compatible with the surrounding neighbourhood and conforms to the Pickering Official Plan. Future land severance applications are anticipated for the proposed development. The City's development requirements will be addressed through the land severance applications. Financial Implications: No direct costs to the City are anticipated as a result of the approval of zoning which will enable the creation of three lots for detached dwellings. Sustainability Implications: This development proposal is an infill project that provides for residential intensification, makes efficient use of vacant lands, and takes advantage of existing infrastructure within the City's urban area. The staff recommendation to allow the creation of a total of three lots from the property is reflective of community character and supportive of neighbourhood stability. Background: 1.0 Introduction The background to this application is contained in Report PD 25-08, including comments received from the public and agencies. 2.0 Applicant's Revised Proposal The applicant's revised proposal is for the future creation of four residential lots with a minimum lot frontage of 12.0 metres and a minimum lot area of 320 square metres. The applicant has also requested that the by-law permit a maximum dwelling height of 12.0 metres, and that the rear residential zoning line on the property be relocated inland from the high water mark indicated on the applicant's plan to the lower elevation of the shorewall. Further, the applicant also requests that the existing gazebo, recently constructed on the property, be permitted to remain as an accessory structure without a principal structure (in the short term) until a new house is constructed on the property. The applicant's planning rational report is attached as Attachment #2. This addendum report identifies and provides staff response to the issues raised since Report PD 25-08 was prepared. Report PO 48-08 Date: December 1, 2008 Subject: Fairport Inc. (A 9/08) 40 Page 3 3.0 Discussion 3.1 Lot Frontage, Lot Size and Number of Lots The original proposal was for three lots with the two southern lots providing a lot frontage of 10.3 metres (Attachment #3). The applicant has revised the application to now request zoning that will permit a total of four lots providing a minimum lot frontage of 12.0 metres and a minimum lot area of 320 square . metres (Attachment #4). While the applicant has increased the minimum lot size from the original proposal, the revised plan for four lots providing a minimum 12.0 metre lot frontage is not considered to be compatible with the neighbourhood character. As noted in Section 3.1 of staff Report PO 25-08 the surrounding area is generally zoned "R-4" - Residential Zone which requires a minimum lot frontage of 15.0 metres. As the applicant's Planning Justification report notes, the surrounding neighbourhood does not exhibit a uniform lot size. However, the majority of lots are greater than 12.0 metres in terms of lot frontage. It is also noted that some of the smaller lots in the neighbourhood are either the result of historical lots created years ago or are in locations that were previously subject to a Special Policy Area of the old Fairport Community Frenchman's Bay and Shoreline Area of the former Pickering District Plan. This Special Policy Area (south of Browning Avenue, west of Front Road and north of Waterpoint Street) required certain areas to be redeveloped at a higher density than the surrounding area. Thus this specific area has numerous small lots. This area also has a corresponding zoning that permits small lots in order to achieve the higher density. It is noted that the subject property was not part of the old Special Policy Area. The applicant's revised plan provides for four lots, each having a "technical" minimum lot frontage of 12.0 metres. Lot frontage on irregular lots is measured at a distance 7.5 metres from the front lot line. The lot configuration for the two southern lots in the applicant's plan taper from the front to the rear. Due to the significant taper these two lots provide only a 9.6 metre width at the rear residential zoning line. As the lots narrow from front to back, so do the building envelopes, further restricting the size of dwelling unit that can be accommodated. The "technical" lot frontage (measured at 7.5 metres from the front lot line) is considered most representative of lot frontage character, as this is generally the location where the dwelling is constructed. The staff recommended plan provides for lots having a "technical" minimum lot frontage of 13.5 metres (see Attachment #5). This represents a reduction in lot frontage from staff's initial recommended minimum of 15.0 metres. The lot configuration under this plan still provides a taper from front to back to accommodate the gazebo in the northerly lot. Staff also has no objection to the request to permit a lot coverage of 40 percent of the future lots that are zoned for residential purposes. Report PD 48-08 Subject: Fairport Inc. (A 9/08) Date: December 1, 2008 Page 4 41 Report PO 48-08 SubW<2: Fairport Inc. (A 9/08) Date: December 1, 2008 Page 5 4.0 Applicant's Comments The applicant has been advised of the recommendations of this report. APPENDIX: Appendix I: Draft Zoning By-law Amendment Attachments: 1. Report PO 25-08 2. Applicant's Planning Rational Report 3. Applicant's Original Plan 4. Applicant's Revised Plan 5. Staff Recommended Plan Prepared By: Approved/Endorsed By: 18, PP Ing & Development Ross Pym, MCIP, RPP Principal Planner - Development Review Lynda T lor, MCIP, RPP Manager, Developme RP:cs Attachments Copy: Chief Administrative Officer Directors Recommended for the consideration of Pickering C'ty Co cil '/ APPENDIX I TO REPORT PO 48-08 DRAFT IMPLEMENTING ZONING BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 9/08 43 THE CORPORATION OF THE CITY OF PICKERING 44 BY-LAW NO. XXXXl08 Being a By-law to amend Restricted Area Zoning By-law 2511, to implement the Official Plan of the City of Pickering, Region of Durham, lot 9, Plan 917 and Part of lots 8 & 9, Plan 65, in the City of Pickering. (A 9/08) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to amend the existing zoning of the subject lands to a residential zone in order to permit the establishment of three residential lots for detached dwellings on the subject lands, being lot 9, Plan 917 and Part of lots 8 & 9, Plan 65, in the City of Pickering; AND WHEREAS an amendment to By-law 2511, is therefore deemed necessary; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. SCHEDULE I Schedule I, attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in the City of Pickering, designated "R4-21" and "OS-Hl" on Schedule I attached to this By-law. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) (a) "DwellinQ" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "DwellinQ Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; By-law No. XXXX/08 45 (c) "Dwellino. Detached or Detached Dwellino" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; (2) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; (3) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Frontaoe" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (4) (a) "Private Garaoe" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (5) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where By-law No. XXXX/08 ; II t 46 there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankaoe Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is .a street; (i) "Flankaoe Side Yard Width" shall mean the shortest horizontal dimension of a f1ankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; m "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS "R4-21" Zone (1) Uses Permitted ("R4-21" Zone) No person shall, within the lands zoned "R4-21" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) detached dwelling residential use (2) Zone Requirements ("R4-21" Zone) No person shall within the lands designated "R4-21" on Schedule I attached hereto use any lot or erect, alter or use any building. except in accordance with the following provisions: (a) Lot Area (minimum): 320 square metres; (b) Lot Frontage 13.5 metres; (minimum): (c) Front Yard Depth 4.5 metres; (minimum): (d) Rear Yard Depth 6.0 metres; (minimum): By-law No. XXXX/08 R"'if&- If iff... LJ", . ,K! >~~;- iJ Page 4 I tt f 47 (e) Side Yard Width (minimum): (f) Flankage Side Yard Width (minimum): (g) Building Height (maximum): (h) Lot Coverage (maximum): 1.5 metres; 2.7 metres; 12.0 metres; 40 percent minimum one private garage per lot attached to the main building and vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining or abutting on a reserve on the opposite side of the street; 3.0 metres beyond the wall containing the main entrance to the dwelling unit; (k) Uncovered steps and 1.5 metres for any uncovered platform projection into steps and platform not exceeding rear yard (maximum) 2.0 metres in height; (i) Garage Requirements 0) Garage Projection (maximum): (I) Special Regulation Despite Section 2.1 of By-law 2511, the gazebo and boathouse as they existed on the date of the passing of this by-law are permitted on the subject property as accessory structures without a primary residential building, and further this clause will be. null and void when a primary building is constructed on the property; (m) Interpretation Regulation Despite any requirement of this By- law, for lots that are divided into two zones, each such portion of the lot shall be considered a lot for the purpose of this By-law and shall be used in accordance to the zone and the zone requirements. By-law No. XXXXl08 4 8 DRAFT PageS 6. PROVISIONS ("QS-HL" Zone) (1) Uses Permitted ("QS-HL" Zone) No person shall within the lands designated "QS-HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) preservation and conservation of the natural environment, soil and wildlife; (b) resource management; (2) Zone Requirements ("QS-HL" Zone) (a) No buildings'or structures shall be permitted to be erected, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control, resource management, or pedestrian trail and walkway purposes; (b) Despite Clause (a) above, docks are permitted within the "QS-HL" Zone as illustrated on Schedule I attached hereto. 7. BY-LAW 2511 By-law 2511, is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. 8. 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 XX day of December, 2008. David Ryan, Mayor Debi A. Wilcox, Clerk , , , , , , , , , , , , , , '\ , , , , , , , , , , , : .,""'"""", E If) a:5 N , ", , , , , , , , , , , , , _______L____ , , , , , , , , , , , , --l----1----- , , , , , \ , , , , , , , , , , \ WATERPOINT 55.0m OS-HL 97.0m , , , ~ ---- - -- -- - --------- , , , , , , , ' , ' ---- -:---- -- -- ---r-- --- - -- -- - ------ --- , , , , , , , , , , , , , , , , , , , , , , , , , , , , \ :------------------- , , , , , , , , , , , , , , , , STREET 46.9m 38.1m 1_ __ _ _ _ _ __ __ _ __: '1 :::;0 o Z -l E " o.ri N 49 mnnnnmTn ----------~ \ , ~ tJ p - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- FRENCHMAN'S BAY 2008 l' iI, 50 Cillf o~ ATTACHMENT I I f REPORT' PO l/1-{) . REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PO 25-08 Date: July 7,2008 From: Neil Carroll Director, Planning & Development SUBJECT: Zoning By-law Amendment Application A 9/08 Fairport Inc. 692,700-702 Front Road' (Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 9/08 submitted by Fairport .Inc., on lands being Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65, City of Pickering, to amend the zoning to permit the development of the subject property for three detached dwelling units be approved as outlined in Appendix I to Report PD 25-08, and 2. Further, that the amending zoning by-law to implement Zoning By-law Amendment Application A 9/08, as set out in Appendix I to Report PD 25-08, be forwarded to City Council for enactment. Executive Summary: The applicant proposes to rezone the subject property for three detached dwelling lots, providing a minimum frontage of 10.3 metres. While the proposed infill project of creating three residential lots is considered appropriate land use, the frontage of the lots and the resulting structures need to be more reflective of the character of the area, therefore the recommendation is for lots having a minimum frontage of 15.0 metres. Approval of this application will establish a zoning. for the subject property which will permit development that is compatible with the surrounding neighbourhood and conforms to the Pickering Official Plan. The proposed by-law contains performance standards for dwelling height, side yard widths and front yard " depth to further assist with compatibility of the development. A future land severance application is a"nticipated for the proposed development. The City's development requirements will be addressed through the land severance application. . - Financial Implications: No direct costs to the City are anticipated as a result of the approval of zoning for three detached dwellings. Report PO 25-08 Subject: Fairport Inc. (A 9/08) ,",.TTACHMENT #~ tlO r::~PORT # PO - () Date: July 7,2008 Page 2 5 1 Sustainability Implications: This development proposal is an infill project that. provides for residential intensification, makes efficient use of vacant lands, and takes advantage of existing infrastructure within the City's urban area. The proposed zoning will provide the opportunity to increase the residential density of the existing lot and will utilize existing services. The proposal generally represents a sustainable approach for the development of the subject lands. Background: 1.0 Introduction The owner of the subject property, Fairport Inc. proposes to develop the subject land at 692, 700-702 Front Road for three detached dwelling lots (see Location Map, Attachment #1). The three lots are proposed to be created through a future land severance process. The proposed lots include two smaller lots on the south end of the property and one larger lot on the northern end of the property. Only the larger northern lot is proposed to have water frontage on Frenchman's Bay (see Attachment #2). The two proposed southern dwellings have a proposed height of two storeys. 2.0 Comments Received 2.1 At the April 7, 2008 Public Information Meeting No public spoke in support or opposition to the application at the public meeting. (see text of Information Report and Meeting Minutes, Attachments #4 & #5) 2.2 Written Public Submissions on the Application Two written submissions were received from area residents. One resident expressed opposition related to environmental impacts on aquatic life and avian populations. It was stated that the proposed development will spoil the Frenchman's Bay waterfront. The other correspondence from the abutting property owners "to the south noted "their support for the proposed redevelopment of the site however, made the request that a minimum side 'yard width requirement of 1.5 metres be established (see Attachments #6 & #7). 2.3 Agency Comments Toronto and Region Conservation Authority - no objection to the land use, TRCA has reviewed and issued a permit for shoreline restoration works that addressed both slope stability and flooding hazard; further information will be required during any future development (see Attachment #8); Report PD 25-08 " s~~ct: Fairport Inc. (A 9/08) MTTACHMENTI~TO REPORT I PO - Date: July 7,2008 Page 3 t I' _ the proposal is permitted by the policies of the " Durham Region Official Plan; - municipal water supply and sanitary sewer services are available to the subject property; - the application has been screened in accordance with Provincial Interests and Delegated Review; - the subject property is within an" area of limited transit service due to existing street widths and configuration (see Attachment #9 and #10); No other agency that provided comment has objection to the application". Certain technical issues and requirements related to the proposed use of the site will be addressed during the implementation process, should this application be approved. Region of Durham 3.0 Discussion 3.1 Proposed Lots Should Provide a Minimum Lot Frontage of 15.0 Metres to Ensure Compatibility with Neighbourhood Character The subject property is located along the west side of Front Road, north of Commerce Street. The surrounqing area is generally zoned "R4" - Residential Zone, which requires lots to have a minimum 15.0 metre lot frontage and a minimum lot area of 460 square metres. The surrounding lotting pattern is generally reflective of this lot size and helps to establish the overall character of the neighbourhood. The other major contributor to the neighbourhood character is the housing stock in termS of size, style and massing. Generally, larger iots having a frontage of 15.0 metres support dwellings with a size and mass that is different from smaller size lots. Larger lots generally have a greater building separation arid achieve an increased sense of "openness" between buildings. Two of the three new lots proposed by the applicant provide a lot frontage of 10.3 metres (perpendicular lot width of 9.6 metres) and do not match the general neighbourhood character. Further, the proposed dwellings on these two lots are 6.6 metres wide, which is more reflective of a townhouse dwelling unit width. The proposed third lot provides a width of 31.0 metres and a" house width of 13.7 metres which is not comparable to other development the neighbourhood and certainly not comparable to the two proposed 6.6 metre wide dwellings. The proposed lots have an irregular lot shape. Therefore, the lot frontage (which is measured as a line parallel to the front lot line and 7.5 metres back from the front lot line) is slightly greater than, the perpendicular lot width. As noted above, the applicant's two proposed lots provide a lot frontage of 1 0.3 m~tres and lot width of 9.6 metres. Staff recommendation of a minimum lot frontage of 15.0 metres will in fact produce lots having a width of 13.9 metres (see Attachment #3). , Report PD 25-08 Subject: Fairport Inc. (A 9/08) n) lACHMENT #~lf REPORT # PO - Date: July 7,2008 Page 4 5 3 3.2 Zoning Standards are Proposed that Ensure House Design is Compatible and Provides Appropriate Openness The recommended zoning performance standards are ones that will maintain the character of the neighbourhood and try to ensure some degree of openness of the lots. As noted the minimum lot frontage of 15.0 metres is recommended along with a minimum lot area of 460 square metre. The minimum side yard width being proposed is 1.5 metres. This would provide a minimum of 3.0 metres between buildings thus creating some openness and possible view corridors from the street to Frenchman's Bay. Given the properties are next to Frenchman's Bay, a proposed maximum building height of 9.0 metres is ,being recommended. This height would allow a two storey house but would not allow an overly tall house to be constructed. A minimum front yard depth of 4.5 metres is proposed in order to allow the opportunity to bring the massing of the house forward on the lot to maximize the rear yard depth. The garage will be required to be set back a minimum of 6.0 metres from the front lot line, to accommodate vehicle parking in front ofthe garage. 3.3 Portion of Property is a Water lot and will be Zoned to Recognize Environmental Constraints The subject property is not restricted to the land area only. A portion of the subject property covers open water 9f t=renchman's Bay. The portion of the lot that is not land is proposed to be zoned Open Space - Hazard Land to refleCt the environmental constraints of activities on open water. 4.0 Technical Matters All Development Matters Concerning the City will be Addressed Through the Land Severance Process The applicant proposes to demolish the existing dwelling and sever the property into three lots for the construction of three new detached dwellings. In order to ensure appropriate development of the proposed lots, all requirements of the City . will be included as conditions of approval for any associated land severance application. These conditions will address matters such as, but not limited to, grading & drainage, parkland dedication, and securities. The applicant intends to submit a severance application to the Region of Durham Land Division Committee should Council approve this application. 5.0 Applicant's Comments The applicant has been advised of the recommendations of this report. Report PO 25-08 Subject: Fairport Inc. (A 9/08) i Ii I 51 APPENDICES: "TTACHMENt, I .10 iEPORTI PO q'i - ()~ Da.te: July 7, 2008 Paw~ ? APPENDIX I: Draft Zoning By-law Amendment Attachments: 1. Location Map 2. Applicant's Conceptual Site Plan 3. Staff Recommended Plan 4. Text of Information Report No. 09-08 5. Minutes from April 7, 2008 Statutory Public Information Meeting 6. Resident Comment - B. Taylor 7. Resident Comment - K. D. Van Evans & W. E. Van Evans 8. Agency Comments - TRCA 9. Agency Comments - Region of Durham Planning Department 10. Agency Comments - Region of Durham Planning Department Prepared By: Approved/Endorsed By: ~R Ross Pym, MCIP, RP~ Principal Planner - Development Review ; , / / L~~'tP Neil Carroll, . OW, RPP Director, Planning & Development RP:ld Attachments Copy: Chief Administrative Officer Directors Recommended for the consideration of Pickering City, Council // I' '" iACi:MEfJT~Y4 TO ,:PORT # PO -Q~. APPENDIX I TO REPORT PO 25-08 DRAFT IMPLEMENTING ZONING BY-lAW ZONING BY-lAW AMENDMENT APPLICATION A 9/08 55 56 ',',"""\1'1 ~ 'Cl~OR~1;~~~~3 ~e; L_ P.' THE CORPORATION OF THE CITY OF PICKERING f BY-LAW NO. Being a By-law to amend ed Area Zoning By-law 2511, to implement the Offici Plan of the City of Pickering, Region of Durham, lot 9, Plan 917 and Part of lots 8 & 9, Plan 65, in the City of Pickering. (A 9/08) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to amend the existing zoning of the subject lands to a residential zone in order to permit the establishment of three future residential lots for detached dwellings on the subject lands, being lot 9, Plan 917 and Part of lots 8 & 9, Plan 65, in the City of Pickering; AND WHEREAS an amendment to By-I,aw 2511, is therefore deemed necessary; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. SCHEDULE I , Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in the City of Pickering, designated "R4-21" on Schedule I attached to this By-law. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) (a) ,"Dwellinq" shall mean a building or part of a building containing one or more dwelling units; but does not include a mobile home or trailer; (b) "Dwellinq Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; ';;;~e;J,~ 5 7 lIin Detached or Detached Dwellin " shall mean a single e ing which is freestanding, separate and detached from other main buildings or structures; (2) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross. Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; (3) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot FrontaQe" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distantfrom the front lot line; (4) (a) "Private GaraQe" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (5) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, . uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean aiyard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; '. jt,vn;~:':'Nr#~TO ; ,fPORT , PO -: r::8 1. -3- J . t!! ^ Si e Yard" shail mean. a yard of a lot extending from the front yard Dfl" 0 the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankaoe Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankaoe Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street; and the nearest wall of the nearest main building . or structure on the lot; U) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS (1) (a) Uses Permitte~ ("R4-21" Zone) No person shall, within the lands zoned "R4-21" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) detached dwelling residential use (b) Zone Requirements ("R4-21" Zone) No person shall within the lands designated "R4-21" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) Lot Area (minimum): 350 square metres; (ii) Lot Frontage 15.0 metres; (minimum): (iii) Front Yard Depth 4.5 metres; (minimum): (iv) Rear Yard Depth 7.5 metres; (minimum): (v) Side Yard Width 1.5 metres; (minimum): f1i) D~A (vii) 6. BY-LAW 2511 ",rJACHMENT # ~ HEPDR! t eD~lf -() g 59 Flankage Side Yard Width (minimum): Building Height (maximum): 2.7 metres; 9.0 metres; (viii) Garage Requirements minimum one private garage per lot attached to the main building and vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining or abutting on a reserve on the opposite side of the street; 3.0 metres beyond the wall containing the main entrance to the dwelling unit; (ix) Garage Projection (maximum): (x) Uncovered steps and 1.5 metres for any uncovered platform projection into steps and platform not exceeding rear yard (maximum) 2.0 metres in height; By-law 2511, is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. 7. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. . BY-LAW read a first, second and third time and finally passed this ---:.- day of DRAFt ,2008. Dave Ryan, Mayor '.. FT .~ Debi A. Wilcox, . k , , , , ............ I 6 0', , i ..... I I ........: : ......~\ __ _ J__ _ _ _ _ _... ..._~ __......... _~ ____ \ \ , \ \ I , I l i.'. J i f\CNA/IEN~ i f'r:PQR11 POi , , , I I I I I I I I I I I I ... _,__ __ ~_____ L_ --- ~- -- --------L __~... ____... __ ___ -____ I , , , , , I ' , I , I , I , I ' , , ' , , , I , , , , I , , , I , I , , ' , , ' , I , I , , I ; : ~---------------_..-- I , , , , , , , I , ' , , I , , ' , , , , , , , , ' , WATERPOINT STREET 'l ::::0 o Z -j 46.9m E ..... .0 N E III ai N HI ~ "':.., ~ R4-21 84.2m 50.9m' ~ ~ -- --- --- --......... --... ---- r-- ---- I I I , , , I I I I j I I I : I I I I I I I I I I I I 55.0m OS-HL I ", ......... .....'......... ....-----------------------------...:-------------------------------------l_____________J----... ..-----------------------------------------------------------------------':"'-- , . . .......""....... ................. FRENCHMAN'S """""'" B) 11 Y '--, r-1 ......... '-- -'. SCHEDULE I TO B - PASSED THIS DAY OF l' N 2008 o::~ <l: ):~ ~lf ~I ~'f I~~I WATERP ~NT STliaET } -~ ',,"' .~ ...... ~;:::~::>..)t~ T P PC: ~ ------- ~~~ ( ( ( " .,. f) Vl SUBJECT PROPERTIES FRENCHMAN'S BAY City of Pickering ~;;OUGLAS ~~-0<V ""<v r--......;; P~ {- ~ '-.......1---'--- - PARK <) "- r- - - := .-r-- ~~~~= --rt\T 01 ~ ^'" ~ ~ - ~TTII'" i= ~ ~ _ w v--u- HALLER AVENUE- _:J -- ~?~ ~ II ~ - OLD - r----- =~- 51 >- <..:l 0::- 6 ~~ 0 - - - - L ~ \11 = - -:> \ COMMERCE STREET_ \ I b=~~LU~- \~V.--l ~lii ~ 0::- \~~=i ~~~ \ "@sr ANNLAND g = P )---J &:= I\, I-- WI---:- R . 5~ 1 WHARf ,..... r- I = ~ ~ rJ= == .~ - = Planning & Development Department I ~o 2.5-08 BROWNING 3=w_ -::l -0:: <l. I-- .." R~25 z -i I-- '- ATTACHMENT' HEPORT I PO tk-() ~ 61 ORCHARD AVENUE ....J o ~~ > ....J] ]I - - ~NICA COOK ~ ~ ~1_f AVE. "" L ll\'( ILONA PARK -tffiHEBj- ROAD . f--- I-- PROPERTY DESCRIPTION PLAN M-917 LOT 9 & PLAN 65 LOT 9 & PLAN 65, PT LOTB, 40R-8654 PART 1,2 OWNER FAIRPORT INC. FILE No. A 009/08 Q a ,~OU,.c..: ;> Tet'onet Enterprises Inc. and it. .upplionl. All right. R..ol"Ved. Not 0 plan of survey. 2005 MPAC and it. .uDolle"8. All rjahts Reserved. Not Q clan of Surv.v, SCALE 1 :5000 DATE FEB 12,2008 DRAWN BY JB CHECKED BY CP l' PN-3 62 ATTACHMENT # 2 TO REPORT # PD 25 -oB ATTACHMENT' I , REPORT' PO if<i -f) INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN A 09/08 - L. GRAY WATERPOINT STREET ~~ f- f. i 1 ~3'O~-+---:;;;-"':;-i- ._~ ~:__. - J , _.---~I:::--:-=-~' -,' - - - -~._- -.-. -~ ~.~: n' :'J' , ".".;:-- \., ;~ < ,.- - .. j ,,~r'oI..._.-"".'" ......"".,.......:<. "'1 a. Z~ ..___. :-.,..., .."" · ...- ,. /-.". : if 3~: :.-- ',.' __' .-' - PROPOSED LOT 3 f ',-~- ,,:. ,,';;;;~<'-:? ' \,// / ~ ;! i,i .,;,.",," _ "';'-" "" "'...,. . ' ' 0<3 . " ;...._.~ . .. ..___:~~:-_._.Ir::!._.__..:...:~. ~, 4>~ '.' ;;~''o.- ~:" I .~.. t.;.. /'. -,' ...~...;""'.. ~~....._'..,..'. '" BUILDING \ i \. \ ENVELOPE l ~,~,\ . .'j (\~(" \ ;'E ~~~S~~.;~=;!:='" (\~ \ ; ~ '........_ ~~~~~,~6 ':'"l\ 'a '\. .>I~::"'" ~ . 'I, ". "',.,,', .."';;. --:.. ...... \ . .~.~'.__ _ 'I" ._._n_.... .. .--f~;~.-.i:\ ~ \- l PROPOSED lOT' PROPOSED ' ., \'~ \ :~ 1 ..... ~'< .~~~~~I~~m ,., .:.;'J,~ \ 45.6m rmJ7.H=-.-,.'-.-r.m~~::';:~:~'~"6"';:f \,~ "~, \. FRENCHMAN'S BAY , ." ;0 o z ~ ;0 o ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, MARCH 4, 2008. ...'"J--., ATTACHMENT' '-' TO REPORJ I PO &-5"-OB ATTACHMENT I. ~ ' REPORT I PD_I{. -(S1f " I' I 63 STAFF RECOMMENDED PLAN A 09/08. L. GRAY WATERPOINT STREET 43.0m -n :xl o Z -t :xl o Ej FRENCHMAN'S BAY ~... - I O'! I C'). ri ~I l _ _ _ _ STAFF RECOMMENDED LOTS ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, MARCH 4, 2008, .~ ~ ~""'1i'J;':J1J -;- fI 4- TO Z:'5 -08 A 17ACHMENT I. I ClEPORTI PD~=D-dO - HE?ORT i PD. 64 Citlf o~ INFORMATION REPORT NO. 09-08 FOR PUBLIC INFORMATION MEETING OF April 7, 2008 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 9/08 Fairport Inc. Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65 Front Road City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION . - the subje.ct lands are located west of Front Road, with water frontage on Frenchman's Bay; - a property location map is provided for reference (see Attachment #1); - the subject lands contain one detached dwelling that is proposed to be removed if this application is successful; - part of the subject land is used for a boat storage business; - the topography of the lot is flat and the exist vegetation is typical urban residential landscape planting; - the surrounding land uses are: north - Waterpoint Street south - detached dwelling west - detached dwellings on the opposite side of Front Road east - Frenchman's Bay 2.0 APPLICANT'S PROPOSAL - the applicant has submitted an application to amend the zoning by-law in order to facilitate a future severance to create' two new lots for the construction of three detached dwellings; - the proposed lots frontages are 10.3 metres for two lots and 31.6 metres for the third lot (see Attachment #2 - Submitted Plan); - the actual lot width of the two small lots is 9.6 metres. Information Report No. 09-08 \ -'"A' f'" ',''''''" 4 Lj 'f" ,;... ;,;{",IViCPJ I !f'-.. ,t..) RE?OR1 d PO 2.5-08 ,'b,\"rr., A, CHM, EN,T#, ,f ~".~ PFPORT # Pl)~ ~ , Page 2' '~.,,",,.. 65 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham ReQional Official Plan - the Durham Regional Official Plan designates the subject lands as Greenland System Waterfront Areas, which are intended to be developed as people places; - development shall not negatively impact key natural heritage or hydrologic features; Frenchman's Bay shore area is also designated as Waterfront Place which are intended to be developed as focal points; residential opportunities may be permitted and the scale of development shall be based on and reflect the characteristics of the Waterfront Place; - the proposal appears to conform to the Durham Regional Official Plan; 3.2 PickerinQ Official Plan , - the Pickering Official Plan designates the subject lands as Open Space System - Marina Area; - permissible uses within the Open Space System - Marina Area designation include, among others, limited residential uses in conjunction with marinas and yacht clubs; - the Open Space System - Marina Area designation also permits existing lawful residential dwellings and a new residential dwelling on a vacant lot; - the zoning of any lands designated Open Space System - Marina Area shall apply appropriate performance standards restrictions and provisions; - the subject lands are within the Bay Ridges Neighbourhood of the Official Plan; - . the application will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the application; 3.3 Zonina By-law 2511 - the subject lands are currently zoned "R4" - Detached Dwelling Zone and (H)OB3 - Waterfront Zone by Zoning By-law 2511; - the "R4" zoning permits one detached dwelling per lot on a lot having a minimum lot area of 460 square metres and a lot frontage of 15.0 metres; - the (H)OB3, zoning permits yacht club, marinas and a variety of recreational uses, all witho'ut buildings until the holding provision is lifted; - an amendment to the zoning by-law is required to implement the applicant's proposed development. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no resident comments have been received to date; Information Report No. 09-08 66 ." , ',':';- ~ Li ;"" '. ,.... ._.' .t.".-;::~' '~::::,('A r ./ er. ~-c.B J .1..J '.,,: ~ ~ J .- 'v" A ffACHMENT # I f. HEPORT # PO ']l<(-c;r 3 ~e ", 4.2 Aaency Comments no agency comments have been received to date; 4.3 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · ensuring that the proposed development is compatible with, and sensitive to, existing surrounding development; · ensuring that the. proposed lotting size and resulting house sizes are compatible and comparable to surrounding lots; . given the surrounding residential area is predominantly zoned 'R4' which requires a minimum lot frontage of 15.0 metres, the need to establish a similar zoning for new lots to ensure the character of the area is maintained; . reviewing that adequate information has been provided, that technical requirements are met and that the proposed development is appropriate at this location; · reviewing the application in terms of its level of sustainable development components; . - the Planning & Development Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and public. 5.0 PROCEDURAL INFORMATION - written comments regarding', this proposal should be directed to the Planning & Development Department;. oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Councilor a Committee of Council; if you wish to be notified of Council's decision regarding the zoning by-law amendment application, you must request such in writing to the City Clerk; if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed zoning by-law amendment, does not make oral submissions at the public meeting or make written submissions to the City of Pickering before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal; if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. Information Report No. 09-08 AiTACHMENl' I tj TO RE?ORi # PO 25 -D8 AHACHMENT# ~. TO REPORT' PO If -QJ~age4' 67 6.0 OTHER INFORMATION 6.1 Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the application at the time of writing the report; 6.2 Information Received - full scale copies of the applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; - the need for additional information and/or technical reports will be determined through the review and circulation of the applicant's current proposal; 6.3 Owner I Applicant Information - the owner of the subject lands is Fairport Inc.; Lee Gray is the principal of Fairport Inc. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Ross Pym MCIP, RPP Principal Planner - Development Review Lynda Taylor, MCIP, RPP Manager, Development Review RP:ld Attachments Copy: Director, Planning & Development , I, 68 A"';'A:>),ieF j _~L_!';; HE;:ORl' i PO 25 - ~,_ 'i TJ.\CIiN..n:l'r.r..I.c=c..~~DjO 1j 'Po~.Jl -' . APPENDIX NO. ITO INFORMATION REPORT NO. 09-08 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date ;;;~~;;~;o ~:i:2~L_ ... '~~~c':i'i: ~!rpts fro ')1, . Planning & Development Committee _ Meeting Minutes. Monday, Aprll 7, 2008 7:30 pm - Council Chambers 69 Chair: Councillor Littley (I) PART 'A' - PLANNING INFORMATION MEETING 1. Information Report 09-08 Zoning By-lawAmendment Application A 9/08 Fairport Inc. Lot 9 Plan 917 and Part of Lots 8 and 9 Plan 65 Front Road City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to an application submitted by Fairport Inc. for property being composed of Lot 9, Plan 917 and Part of Lots 8 and 9, Plan 65 (Front Road). Lynda Taylor, Manager, Development Review! gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also noted that if a person or public body does not make oral or written submissions to the City before a by-Iaw.is passed, that person or public body are not entitled to appeal the decision of City Cou.ncil to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. Ross Pym, Principal Planner - Development Review, gave an overview of zoning amendment app.lication A 9/08. Lee Gray, 693 Front Road the applicant, appeared before the Committee in support of zoning amendment application A 9/08. No members of the public in attendance at the public information meeting spoke in support or opposition to zoning amendment application A 09/08. 1 )...., 'j . ~ . ......... '.' .... ~[;'<.1J f ':f'; .'2.5~t5!3~~ ...,..i.,...'}........ t... ~..........-... " . . --- . _--J 'FEtl . . 70REC----ED 6fyt:;t:.~~;C;-, k:" 1008 ~'Uk.~~ / (k1i~ , CITY C ",'_r<.cRING ' PLANNING ,'<VELOPMENT ~/ j/ / ? . DEPARTMENT ~ ~ 1Jd, -It dOg" ) I ....,.-- , 7 'T'''' .fA.... ,:.t:~,,'''' 1 '" A r "r1lvl..J l' =~ -~?6 REPQRT'I PD - . ATTACHMENT I lJ t . -/\ 10 REPORT I PD 2~....!..1.~ 71 . _~_!ftl'" April 7, 2008 Mr. & Mrs. W. Van Evans 690 Front Road Pickering, ON LI W IN8 RECEIVED City of Pickering One The Esplande ,Pickering, ON LI V 6K7 APR 0 8 2008 CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Attention: Ross Pymm, Principal Planner and Debi A. Wilcox, City Clerk Re: Zoning By-Law Amendment Application A 009/08 Dear Sirs: You have asked for comments from affected parties regarding this application.. As the owners of the adjacent property municipally known as 690 Front Road, Pickering, ON we would like to state that we are in favor of development of this property. The application shows side yard set backs of 1.52 meters or more. As the applicant has the ability to make these lots any size they choose we would like to see that this side yard set back is maintained at 1.52 meters. That would mean there would be no opportunity for a committee of adjustment hearing, or other process to decrease this set back by this or any , other applicant. To request a reduced set back in the future would mean that this application was fraudulent and deceitful of the true goal. We realize that the current house located o'n 692 Front Road is located considerably Closer to the property line. We would like to see this situation rectified and any future development be in accordance with the proposed 1.52 meter side yard set back. ly, Dianne Van Evans Elbert Van Evans 72 y ". 2ConservifirOn'" for The Living City ..' i e .'~. .-''':.\J - ,~_;,~.c~-= ' _~ . i;;' ....,gh. -<:::,Q . "c.;.. .",_..~~~~'''' R~~C ,.At.J.AC. HiVl/::.-l'n.. . '~.. ....-6... . C[..... AF/JOA!,lf!J~_ . ~ ~ Jt"" r) . '. :~,~..,.,.,. ;~ ,j ,.w.>.~ "1 G April 14, 2008 BY FAX AND MAil ..~.' t"'i.!.' ;-..:n 1 1\1 'S r-1-"'! ''''''''11.;. .\t.._r..-~i ,i\:: ~\~~ii'\ \~i\;~,~~~~~~PMan CFN 40223.01 Ross Pym, Principal Planner , Pickering Civic Complex One the Esplanade Pickering, ON L 1 V 6K7 Dear Mr. Pym: RE: Zoning By-law ArrIendment Application A 009/08 692 and 700 - 702 Front Road Fairport Inc./lee Gray ~ City of Pickering Toronto and Region Conservation Authority (TRCA) staff has reviewed plans for a zoning amendment on the above referenced property and offers the following comments. Background The sybject property is located at 692 and 700 - 702 Front Road, on Frenchman's Bay, in the city of Pickering. It is our understanding that the applicant is requesting permission to amend the zoning by- law in order to permit future development of three lots with lot frontages ranging from 10.0 metres to 31.0 metres. . Applicable Policy The subject property is affected by the Lake Ontario shoreline. TRCA aims to prevent new development from areas that may introduce a risk to life and property associated with flooding, erosion and slope stability concerns. TRCA staff has previously reviewed and issued permit number C-07080 on March 2, 2007 for shoreline restoration works on the property. These works addressed both slope stability and flooding hazard on the site. As such the zoning for the proposed three lots does not need to address any risk from natural hazard. Ontario Regulation 166/06 As the prope'rty is entirely located within TRCA's Regulated Area pursuant to Ontario Regulation (Development, Interference with Wetlands and Alterations to Shoreline and Watercourse Regulation), an Ontario Regulation 166/06 permit is required for any development proposed on site. In accordance with Ontario Regulation 166/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses), a permit is required from the TRCA prior to any development, if in the opinion of the authority, the control of flooding, erosion, dynamic beaches or pollution or the conservation of land may be affected by the development. Development is defined as:' Memb!'!r of ConservatiQn Ontario 5 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca .ti}\ "-' , j", a 'i""~', ~ . . ~ ::::':!i^ ~'r ii"" ?:C::"::";""'S' , ,." '<.\001 ","or,!" ;r :r'~'-""==,,,=~q~.u<R-_-"'"~-=~~~ .J,'fi\CHMEN,l #'" k Tn 1!:PORT I PO if -o~' , :1 f 73 Mr. pym -2- April 14, 2008 i) the construction, reconstruction, erection or placing of a building or structure of any kind, . ii) any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure, iii) site grading, . iv) the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere. Recommendations In light of the above, TRCA staff have no objection to zoning by-law amendment application A 009/08. . We trust that this is of assistance. Please contact me should you have any further questions. - Shannon McNeill BA, BURPI . Planner I Planning and Development Extension 5744 CJ/s~ . f:\home\public\development services\durham region\pickering\700 front road_1.doc , The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E 4'" FLOOR PO BOX 623 WHITBY ON L 1 N SA3 , CANADA ' ,905-668-7711 Fax: 905~66-6208 -mail: planning@ ,egiQrl.durham.on.ca www.region.durham.on.ca , , A.L. Georgieff, MCIP, RPP Commissioner ()f Planning 74 I. ~"q ..~~_ ':", J ,:;r: ~Z-c.a_._...,"__ "I.~"H~:~ ~ -O?r April 15, 2008 .... I 1 '""" 'U Ross Pym, Principal Planner Planning and Development Department City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 PL;~:" ;',;; ;~:. c ,;,-:._r,~~f:.t~JI~I.~ Mr. Pym: Re: 'Zoning AmendmGnt Application A09/08 Applicant: Fairport fnc./Lee Gray , . Location: 692,700-702 Front Road Municipality: City of Pickering , We have reviewed this application to amend the zoning on the above noted properties. The following comments are offered for your consideration. , , The purpose of the application is to permit the'future development ofthre~ , single detached dwellil)gs. . Reoional Official Plan, The subject site is within the "Greenlands System" and is'designated "Waterfront Area" in.the Durham Regional Official Plan., Waterfront Areas,are to be protected for their speciall1,atural and ~cenic features, their roles as predomil"!ant landscape elements in the Region' and the recreational opporturiities that they facilitate. ' , , , , The subject site within the Frenchman's Bay area, whichisdesig'nated ' 'Waterfront Place"in the Plan. Waterfront- Places are to be developed ,as focal points along the Lake Ontario waterfront.,The predominant uses may , include marina, recreational, tourist, and cultural and community uses. The scale of development shall be based art and reflect the characteristics of . each Waterfront Place. Residential opportunities may be permitted,which " support and complement the predominant uses. ' , , , As the subject site is adjacent the waterfront, an EnvironmemtalJmpaclStudy (EIS) is required for the Region's re,view prior to the approval bfthe application, to address thef()l!owing: , , a) . the location and nature of the development; , b) the mapping of the location and extent. of the environmental conditions which may include key natural heritage or hydrologic features; , . @ 100% Post Conswner ., ;': ~-~i?~Q}{)_ __,. 'f' ri, .---y.!l~-.... i i. ,. 75 c) the degree of sensitivity of the environmental conditions and an . evaluation of such conditions; d) an assessment of the potential impacts including cumulative impacts on the environment; e) the need for any mitigating measures to protect key natural heritage or hydrological features and functions and the surrounding environment, and definitions of such measures; f) impact on the shoreline, creeks, wetlands and near-shore wildlife habitat and aquatic characteristics; : . g) opportunities for the appropriate portions of the subject lands to be . jncluded in a natural corrido~ system along the waterfront and creek ~~;' - h) impact on lake waterquality;and. .. . i) the .acceptability of soit quality if the development proposal involves. takefilling.' . ' Provincial .Policies & Delegated Review Responsibilities . . . .' '. . . . TJ1is application has been .screenedin accordance with the terms of the provincial plan review responsibilities. There are no matters of provincial interest applicable to this application. ' Reaional Services Water and Sanitary Sewers . . . . . . Municip.alwatersupply arid sanitary seWer services are available to the 8ubjectsite: . ' Durham Region Transit The sObjectsite iswithin an area of limited transit service due to street widths,and configuration. . PJ~asec9ntact me should you have any questions or require any additional ' inforlllationregarding this matter. .H ~ Tang, Planner CurrentPI~nning . " , cc: . . Regional Works Department -:-Pete'Castellan Durham RegionTram~it-"-Phil Meagher. The Regional Municipality of Durham , Planning Department 605 ROS$LAND ROAD E 4TH FLOOR PO BOX 623 WHITBYON L 1N 6A3 CANADA 905-668-7711 Fax: 905-666-6208 mail: planning@ region.durham.on.ca www.region.durham.on.ca. A.L. Georgieff, MCIP, RPP .'. Commissioner of Planning 76 i.'ili.'JA.' CHMErnl_. '.' TO U:;FPOffT I PO l{ -() R ":.','F i /0 ' ._ " i; ..~ ;' jJ';()~_~-2~:L=q8..,,___ May 5, 2008 RECEIVED MAY 0 7 2008 CITY OF PICKERING PlANNING & DEVELOPMENT OEPARTMENT Ros~ Pym, Principal Planner Planning and Development Department City of Pickering . .' . OneJhe Esplanade Pickering, Ontario L1V 6K7 Mr. pym: .' .' . Re: ZO,ning Amendment Application A09/()8 Applicant: Fairport Iric.lLee Gray . Location: . 692,700':'702 Front Road . . Municipality: . City.of Pickering ThrolJghcorrespondence between City staff, and Toronto Region . Conservation Authority .(TRCA), the following revised co~ments are offered. . . Comments fromthe Region dated April 15, 2008 indicated the need for an EnvironmentallmpacfStudy (EIS). As per Regional Policy, the area municipality has the lead role for an EIS related to reioning applications. As the City indicated there is no need for an EIS be conduct~d, the Region's original comments is now revised to delete the requirement for the submittal of an EIS for the Region's review. -~_.. . H . ryTang,Planner Current Planning @ 100% Post Consumer ~ '1 <l -C<6 . f t .. 77 MCDERMOTT & ASSOCIATES LIMITED LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS 1550 KINGSTON ROAD, BOX 1408 PICKERING, ONTARIO L 1V 6W9 TELEPHONE: (905) 509-5150 FACSIMilE: (905) 509-9898 e-mail: mcdplan@rogers.com September 9, 2008 Corporation of the City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L 1V 6K7 Attention: Mr. Ross Pym, M.C.J.P. , R.P.P. Principal Planner - Development Review Re: Application To Amend Zoning By-law No. 2511 / Fairport Inc. Part Water Lot 8 and Water Lot 9, Registered Plan No. 65, and, Lot 9, Plan M-917, Forming Part of Lot 23, Range 3, Broken Front Concession, City of Pickering Our File: PN 5114 Dear Mr. Pym: As you are aware, we have been retained by Fairport Inc., to assist with the review and consideration of the application to amend By-law No. 2511 as filed by Mr. Lee Gray of Fairport Inc. on January 29,2008. The lands in question are generally described as Part of Water Lot 8 and Water Lot 9 of Registered Plan No. 65 and Lot 9 of Plan M-917, forming part of Lot 23, Range 3, Broken Front Concession, in the City of Pickering, municipal addresses of 692, 700 and 702 Front Road. As discussed during the course of our meeting of July 22, 2008, we attended before Council on the evening of July 14, 2008, to request that Report PD 25-08 be referred back to Staff. This request was made to allow an opportunity for further review and consideration of the application to amend the By-law No. 2511 prior to adoption of the proposed amendment. As stated before Council, our Client would like to propose various revisions to the draft amendment which afford some degree of flexibility in terms of redevelopment of the subject lands while maintaining the character of the community and providing for a reasonable measure of compatibility with adjacent residential properties. The lands are currently underutilized and represent a meaningful opportunity for intensification of the built form through demolition of the existing residential structure and the introduction of three, or possibly four, detached dwellings. To optimize the redevelopment opportunity, our Client respectfully requests that the City of Pickering consider various revisions to the draft of the proposed amendment, specifically in terms of the regulatory provisions relating to the minimum lot area and frontage requirements, the permissible height of residential dwellings, and, lot coverage. For reasons subsequently outlined in this submission, our Client is also requesting that the City of Pickering afford a measure of relief in terms of the interim use of a portion of the subject lands for the purposes of a gazebo in association with the private outdoor amenity area and boat house on the northerly portion of the subject lands. At the conclusion of our meeting of July 22, 2008, it was agreed that we would provide a planning rationale in support of the revisions sought to the draft by-law amendment. In this context we offer the following comments for your review and consideration having regard for the matters addressed in Report PD 25-08. 78 ,j Ii'.GtiMafr ,;) . TO ,iCPORT I PO l{~:-OB Mr. Ross Pym PN: 5114 -2- September 9, 2008 1. Backqround Originally, the southerly portion of the lands in question formed part of the Gardiner's Plan for the Village of Fairport as denoted on Registered Plan No. 65. Based upon information obtained from the Registry Office, the more southerly portion of the lands in question, municipal address of 692 Front Road, formed part of Water Lot 8 of Registered Plan No. 65. The central portion of the property, municipal address 700 Front Road, represents the northerly 0.914 metres (Le. 3 feet) of Water Lot 8 and all of Water Lot 9 of Registered Plan No. 65. The northerly portion of the lands in question, municipal address of 702 Front Street, represents Lot 9 of Plan M-917 as registered in the Registry Office on March 9,1972. Waterpoint Road, a private road, forms the northerly limit of those lands described as forming Lot 9 on Plan M-917. It follows, therefore, that the lands in question represent three lots of record. We respectfully submit that this is a significant consideration in the review of this application and future development opportunities. Copies of Registered Plans No. 65, M-90 and M-917, together with a copy of Reference Plan 40R-8654, which defines the boundaries of the southerly parcel (Le. 692 Front Road) and a description of the central lot (Le. 700 Front Road), are attached hereto as Appendices "A1", "A2", "A3", "A4" and "A5". As properly noted in Report PO 25-08, the lands in question involve waterlots. We note that the high water mark as defined on the topographic survey completed in November of 2007, that is the survey submitted with the application, is generally consistent with the limit of the high water mark of Frenchman's Bay as confirmed by the Order of Justice Donahue, dated April 20, 1970, Supreme Court of Ontario as noted on Plan M-917, and, the high water mark as noted on Plan 40R-8654. For the purposes of this submission, the area of land above the high water mark has generally been defined as the area above the lower elevation of the shorewall recently constructed in accordance with the approvals obtained from the Toronto and Region Conservation Authority. The boundaries of each of the three lots and the location of the shorewall are delineated on a drawing entitled Existing Site Conditions attached hereto as Appendix "B". As is apparent from the drawing, the lower elevation of the shorewall is above the high water mark as defined by Justice Donahue and the high water mark as delineated on Reference Plan 40R- 8654. We trust that the. City of Pickering will take this into consideration in determining the minimum lot area and rear yard requirements applicable to the lands affected by this application. 2. Proposed Redevelopment of Subiect Lands Fairport Inc. proposes to develop/redevelop the lands for low density, single detached, residential purposes. The initial phase would provide for enlargement of the southerly lot through a consent for a lot line adjustment to create a lot having an area of approximately 400 square metres and a frontage, by definition, of 12.7 metres, which results in a lot frontage of 13.2 metres on Front Road. This would facilitate demolition of the existing dwelling and erection of a new single detached dwelling on the southerly lot. The second phase would provide for redelineation of the boundary between the remaining portion of Water Lot 9 of Plan 65 and Lot 9 of Plan M-917 to create a second residential lot having a lot area of approximately 329 square metres and a lot frontage, by definition, of 12.2 metres. As in the previous instance this would result in a lot frontage of 13.2 metres on Front Road. The remnant portion of Water Lot 9 of Plan 65 would be merged through the consent providing for the lot line adjustments with Lot 9 of Plan M-917 to create a lot having an area of approximately 1630 square metres above the high water mark and a lot frontage of slightly less than 27 metres on Front Road. MCDERMOTT & ASSOCIATES LIMITED LAND USE & ENVIRONMENTAL PLANNING CONSULT ANTS .j {1,GHMen, ~ -oTfJJ o.EPORT' PD _ _ if. '79 Mr. Ross Pym PN: 5114 -3- September 9, 2008 At some time in the future, Fairport Inc. may either further subdivide the northerly property, consisting of Part of Water Lot 9 of Plan 65 and Lot 9 of Plan M-917, through the consent process to create one additional building lot or, alternatively, redevelop the northerly property for the purposes of a single detached dwelling. Accordingly, our Client is seeking an amendment to By-law No. 2511 which would provide for the future division of the lands to create one additional lot resulting in a total of four building lots. A conceptual drawing illustrating the proposed configuration of the lots is attached hereto as Appendix "C". To allow for the proposed redevelopment of the properties as illustrated on Appendix "C", Fairport Inc. requests that the site specific zone classification provide for a minimum lot area of 320 square metres and a minimum lot frontage, by definition, of 12 metres. For the reasons set forth in the subsequent sections of this submission, it is submitted that redelineation of the property lines and the subsequent division of the lands to facilitate development of four building lots will promote the introduction of new housing in a rnanner which is compatible with the adjacent residential neighbourhood, and, which does not adversely affect the use and enjoyment of adjacent residential properties. It is further noted that the proposal is consistent with stated public objectives relating to intensification and promotes effective utilization of existing infrastructure without any adverse impact upon the financial position of the City of Pickering. 3. Existing Use and Zoninq of Subiect Lands The zoning applicable to the subject lands and the adjacent properties is illustrated on the Compiled Zone Map attached hereto as Appendix "0". The information illustrated on the Compiled Zone Map is primarily based upon the Zone Map attached as Schedule 12 to the Office Consolidation of By-law No. 2511, as amended and updated to October, 2007. Given the recent confirmation by the City of Pickering that the zone map contained in the Office Consolidation of By-law No. 2511 is in error as it applies to the subject lands, the Compiled Zone Schedule attached to this submission illustrates the zoning applicable to the subject lands based upon the original zone schedule forming part of By-law No. 2511 as amended by By-law No. 4139/92. The southerly parcel, municipal address of 692 Front Road and generally described as forming part of Water Lot 8 of Plan No. 65, is zoned within the Residential Fourth Density (R4) Zone. The lot, which has a frontage of approximately 6 metres, is presently developed for the purposes of a single detached dwelling. In addition, a boat house occupies that portion of the lot situated above the high water mark immediately adjacent the shoreline of Frenchman's Bay. The central parcel, municipal address of 700 Front Road, is described as the northerly portion of Water Lot 8 and all of Water Lot 9 of Registered Plan 65. With the exception of a portion of a gazebo, the central parcel is vacant and undeveloped. The lot, which has a frontage of approximately 24.7 metres, is zoned within the Waterfront (03B) Zone, subject to a Holding Provision denoted "H". The uses permitted within the Waterfront (03B) Zone, subject to removal of the Holding Provision, include a marina inclusive of various ancillary related uses, and, public and private open space uses which may reasonably be interpreted to include private outdoor amenity areas and accessory structures such as a gazebo. In this context it is noted that a similar structure, albeit of a larger scale, exists in the Progress Frenchman's Bay East Park, a public open space area to the south of the subject lands which is also zoned within the Waterfront (03B) Zone. The northerly parcel, municipal address 702 Front Road, is generally described as forming Lot 9 of Plan M- 917. Based upon the information recently provided to us by the City of Pickering, the northerly lot, which has a frontage of approximately 21 .6 metres, is also zoned within the Waterfront (03B) Zone. A boat house is situated on the property above the high water mark adjacent the shoreline of Frenchman's Bay. A portion of the gazebo is also located on the northerly lot. MCDERMOTT & ASSOCIATES LIMITED LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS 80 Ill.GtUvIENT' _2--,.or-w \;:PORT # PO l(<7.~__ Mr. Ross Pym PN: 5114 -4- September 9, 2008 The description, ownership and property identification number of each of the three parcels affected by the application of Fairport Inc. are provided on the following table together with a summary of the existing use, lot area and frontage characteristics, and, the zone classifications applicable to each of the lots. existing Parcel Characteristics Part of Water Lot 8 and Water Lot 9, Plan No. 65 and Lot 9, Plan M-917 Description of Parcel existing Use Lot Characteristics Area (1) Frontage square metres metres Zone Classification 692 Front Road Part of Water Lot 8, Registered Plan No. 65 Ref. Plan 4OR-86S4 Owner: Lee Gray & Jane Gray PIN 26319-0604 single detached dwelling & boat house adjacent shoreline of Frenchman's Bay 213.8 6.0 R4 700 Front Road Northely Part of Water Lot 8 and all of Water Lot 9, Registered Plan No. 65 Owner: Fairport Inc. PIN 26319-0603 vacant with exception of southerly portion of gazebo adjacent shoreline of Frenchrnan's Bay 990.9 24.4 (H) 03B 702 Front Road Lot 9, Plan M-917 Owner: Fairport Inc. PIN 26319-0602 boat house adjacent shoreline of Frenchman's Bay. northerly portion of gazebo 1159.4 21.6 (H) 03B 1. Note: Area represents lands above high water mark as generally defined by the 10'NElr elevation of the shorewall recently constructed in accordance with the approval of the Toronto Region Conservation Authority. 4. Zoning of Adjacent Lands Report PO 25-08 states that the "property is located along the west side of Front Road, north of Commerce Street. The surrounding area is generally zoned R4 - Residential which requires lots to have a minimum 15 metres frontage and a minimum lot area of460 square metres." Based upon our review of By-law No. 2511, we concur that the residential lots fronting upon Front Road are zoned within the Residential Fourth Density (R4) Zone. However, upon review of By-law No. 2511. as amended, we note that By-law No. 4139/92 was adopted by Council on December 21 ,1992. The purpose of By-law No. 4139/92 was to zone all of the properties to the north of the subject lands, south of Browning Avenue, north and south of Bayview Street and north of Waterpoint Street, to the east of the lots fronting onto Front Road, within the Single / Semi-Detached First Density(S-SD-1) Zone. Within the S-SD-1 Zone the minimum lot area and frontage requirements for a single detached dwelling are 200 square metres and 7.5 metres respectively. It follows that By-law No. 4139/92 was effective to recognize existing conditions and/or to provide for intensification of the built form in the vicinity of the subject lands as is evident from relatively recent and/or current residential construction activities. Therefore, while the provisions of the Residential Fourth Density (R4) Zone require a minimum frontage of 15 metres, we do not concur with the suggestion that all properties in the vicinity of the subject lands have MCDERMOTT & ASSOCIATES LIMITED LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS I j,A-IlliENT# .;) ()~ PU~T # PD~- 8 1 Mr. Ross Pym PN: 5114 -5- September 9, 2008 a frontage of 15 metres. Rather, the zoning of the lands to the north within the S-SD-1 Zone, coupled with the division of those lands zoned within the Residential Fourth Density (R4) Zone to the north-east and south of the property holdings of Fairport Inc., has been effective to create an area within the community which is characterized by lots having frontages which vary considerably, the majority of the lots having frontages of less than 15 metres. The basis for the foregoing comments will be set forth in greater detail in the following section of this submission. 4. Contextual Settinq To illustrate the manner in which this area of the community has evolved over time, we undertook an assessment of the lot area and frontage characteristics of those lands originally forming part of Registered Plan No. 65, Plan M-90 and Plan M-917 in the vicinity of the subject property. In total some 105 lots were examined which front onto Front Road, Commerce Street, the westerly limits of Pleasant Street, the northerly limits of Annland Street west of Pleasant Street, Waterpoint Street, Bayview Street and the southerly limits of Browning Avenue. A copy of the analysis is attached to this submission as Appendix "E1 ". Where the properties are fully serviced lots zoned within either the Residential Fourth Density (R4) Zone or the Single / Semi-Detached First Density (S-SD-1) Zone, the analysis indicates that the average lot area is approximately 481 square metres and that the average lot frontage is 13.2 metres. The analysis further indicates that slightly less than 58 percent of the lots situated in this area of the community have a lot frontage of less than 15 metres. Of somewhat greater significance is the fact that of the 99 fully serviced lots zoned for residential purposes in this area of the community, upwards of 42 percent have a lot frontage of 13 metres or less. The inference that the zoning of lands fronting onto Front Road within the Residential Fourth Density (R4) Zone is effective to create a neighbourhood where lots having a frontage of 15 metres repreSent the norm is inconsistent with the actual built form and character of the community. As illustrated in Appendix IE2" to this submission, many ofthe lots which front upon Front Road, north and south of Commerce Street, that is lots zoned within the Residential Fourth Density (R4) Zone, have been subdivided to create lots having frontages less than 15 metres. 5. Yard and Heiqht Restrictions In Section 3.2 of Report PD 25-08 it is suggested that a minimum side yard requirement of 1.5 metres will be effective to create a measure of openness and possible view corridors from the street to Frenchman's Bay. While we do not disagree that a minimum separation distance of 3 metres between dwellings will create a measure of openness between the residential structures, we note that once property owners undertake improvements, which will undoubtedly involve landscaping and the fencing of yards, the ability to protect visual corridors to Frenchman's Bay at grade from Front Street will be compromised, notwithstanding the degree of separation provided between dwellings. What is of significance is the function of a side yard. In addition to providing for an appropriate degree of separation between structures for reasons of privacy and fire safety, side yards facilitate surface drainage and maintenance of structures while promoting the character of community. In accordance with generally accepted practices throughout the City of Pickering, a minimum side yard width of 1.5 metres is considered appropriate relative to a structure having a maximum height, by definition contained in the zoning by-law, of 12 metres. It is further submitted that a maximum building height of 12 metres will not impact upon the degree of openness to Frenchman's Bay or result in the massing of structures in a manner which is incompatible with either the neighbourhood or adjacent properties. MCDERMOTT & ASSOCIATES LIMITED LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS 82 , I, '.,rllv:ENT # :PU'1T # PO '~~~ Mr. Ross Pym PN: 5114 -6- September 9, 2008 This is a significant consideration in terms of the subject properties as it is most likely that soil and ground water conditions, together with the proximity of the lands to the high water mark of Frenchman's Bay, will not be conducive to the construction of residential dwellings with conventional basements. Given the physical characteristics of the property, most notably in the case of the two more southerly proposed lots, our Client proposes three storey structures with dormers in a relatively steep pitch (Le. 12: 12 or 18: 12) roof. This results in a dwelling having a height, by definition, of approximately 12 metres. Given that the natural grade of the subject lands is somewhat lower than the finished grade of Front Road, it is respectfully submitted that a maximum building height, by definition, of 12 metres, is both reasonable and appropriate in this instance. It is further noted that Report PD28-05 is critical of the proposal as originally advanced by Fairport Inc. from the perspective that the building envelope, based on a side yard requirement of 1.5 metres, would result in dwellings characteristic of a townhouse. As provided for through this submission, the lot frontage has been inc'reased to a minimum of 12 metres by definition. This results in a building envelope having a width of at least 9 metres along the front lot line with a minimum spatial separation of 3 metres between detached dwellings. This will facilitate the siting and design of detached dwellings, most notably on the southerly two lots, without adverse impacts upon adjacent lands. It is respectfully submitted that, by employing architectural designs which are sensitive to the issues associated with infill proposals, it will be 'possible to provide for an effective transition in the built form from the established properties to the south, thereby creating a desirable streetscape which contributes to the unique character of the area. 6. Zoninq of Water Lots As noted in Report PD 25-08, the properties in question represent Water Lots which extend into Frenchman's Bay. It is submitted that the area of land to be zoned for residential purposes should be consistent with the high water mark generally defined by the lower elevation of the shorewall adjacent Frenchman's Bay. The lower limit of the shorewall is conceptually illustrated on the topographic survey, dated November 13, 2007 and prepared by Ornari Mwinyi Surveying Limited, as submitted with the application. We note that such a point is above the high water mark established on neighbouring properties and the location of the high water mark as delineated on the November 2007 topographic survey of the lands affected by this application. Delineation of the high water mark on the neighbouring properties to the north and south appears to follow, in part, from the April 20, 1972, Order made by The Honourable Justice Donahue, Supreme Court of Ontario, as noted on Plan M-917 deposited in the Registry Office on March 9, 1972. We concur that the balance of the Water Lots, below the present high water mark, should appropriately be zoned within an Open Space Zone. Reference is made to Appendix ,"F" to this submission, a draft zone schedule prepared for your review and consideration, whereon we have delineated the extent of lands proposed for zoning within a residential zone relative to the present high water mark of Frenchman's Bay. Based upon our review of the draft amendment, we do not find any provisions pertaining to the use of that portion of the Water Lots to be zoned within an Open Space/Hazard Land (OS-HL) Zone. It is respectfully submitted that the draft By-law should be revised prior to adoption to incorporate appropriate regulatory provisions so as to avoid any misunderstanding or administrative problems in the future. It is further noted that, in accordance with the approvals granted by the Toronto and Region Conservation Authority, the provisions of the Open Space/Hazard Land (OS-HL) Zone should provide for docks and/or decks subject to the requirements of the Authority having jurisdiction. To ensure that the proposed zone provisions are appropriate, we would appreciate an opportunity to review the draft amendment prior to the proposed by-law being placed before Council for adoption. MCDERMOTT & ASSOCIATES LIMITED LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS rlHNT# d ~ ! PD__,_ '1.j-o 83 Mr. Ross Pym PN: 5114 -7- September 9, 2008 7. Ancillarv Structure As An Interim Use As the City of Pickering is aware, our Client recently erected a gazebo, albeit without the required permits, on the subject lands to facilitate a family member's wedding ceremony this past June. The ornG!mental structure, which occupies approximately 30 square metres and has an overall height of approximately 5.5 metres inclusive of the cupola, is situated on the northerly portion of Lot 9 of Registered Plan No. 65 and the southerly portion of Lot 9, Plan M-917, that is the portion of the property which is zoned within the Waterfront (038) Zone. As previously noted it is reasonable to suggest that, subject to removal of the holding zone provision, a gazebo represents a permitted use in association with a private outdoor amenity area and the existing boat house. Our Client now understands and appreciates the need for a building permit and requests that the City of Pickering exercise an appropriate measure of discretion insofar as is necessary to recognize the structure as a permitted use in the absence of a principal residential dwelling once the lands are zoned within the Residential Fourth Density (R4) Zone. Provisions may be incorporated within the draft of the proposed zoning by-law amendment which address such matters as lot coverage and the height of the ornamental structure. Issues concerning the location of the gazebo relative to property lines will be resolved through the consent process. Initially, as previously noted, it is anticipated that the applications for consent will provide for lot line adjustments as opposed to the creation of a new lot. 8. Concludino Remarks In conclusion, the lands affected by the application of Fairport Inc. represent three distinct and separate lots. Our Client is seeking an amendment to By-law No. 2511 which would zone the lands under the ownership of Fairport Inc. and Lee and Jane Gray within a site specific Residential Fourth Density (R4) Zone wherein the minimum lot area requirement is 320 square metres and the minimum lot frontage requirement, by definition, is 12 metres. As previously discussed, the southerly lot, 692 Front Street, is presently zoned within the Residential Fourth Density (R4) Zone which permits a single detached dwelling. The lot is, however, undersized as it has an area, above the high water mark, of slightly less than 214 square metres and a lot frontage of approximately 6 metres. Initially, our Client proposes to proceed with lot line adjustments whereby the two southerly lots would have a minimum lot area, above the high water mark, of approximately 329 square metres and a minimum lot frontage, by definition, of 12 metres, which is equivalent to a lot frontage of 13 metres measured along the street line. . The remnant portion of Water Lot 9 will be merged through the consent process with Lot 9 of Plan M-917 to create a third lot having a lot area of approximately 1630 square metres with a lot frontage, by definition, of approximately 26.9 metres. The effect of the proposed merger of the remnant parcel with Lot 9 of Plan M-917 would be to place the gazebo, which now occupies part of Water Lot 9 of Plan 65 and part of Lot 9 of Plan M-917, together with the boat house, now situated on Lot 9 of Plan M-917, wholly within one lot. It follows that once the lot line adjustments are finalized, sufficient land would exist to provide for the future subdivision of the northerly parcel through the consent process to create two building lots having a minimum lot frontage, by definition, of greater than 12 metres and a lot area of at least 730 square metres, thereby resulting in a total of four building lots. While our Client has no immediate plans to subdivide the northerly lot to create a fourth building lot, the requested zoning of the lands would ultimately facilitate intensification of the built form of the community in a manner which is compatible with the residential function of the area and which does not result in adverse impacts upon the use and enjoyment of adjacent residential properties. MCDERMOTT & ASSOCIATES LIMITED LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS 84 " iii. ENT it , d ""A tt' "L;<l # PO L.t~:-~ Mr. Ross Pym PN: 5114 -8- September 9, 2008 In addition, our Client is requesting that the site specific zoning provide for a maximum building height of 12 metres consistent with the provisions applicable to other properties in the vicinity of the subject lands. To avoid the perceived problem associated with the height of the structure located at 690 Front Road, that is the neighbouring property to the south, it is suggested that the provisions regulating building height be amended to state that the maximum height shall be 12 metres except in the case of a flat roof, in which case the maximum height shall be 9 metres. As previously noted in this submission, a gazebo was erected on a portion of the subject lands without the necessary permits. To resolve this issue and to allow for the interim use of the northerly lot as a private outdoor amenity area in association with the waterfront and existing boat house, our Client is now requesting that the City of Pickering exercise a reasonable measure of discretion by allowing the gazebo as an interim form of land use until such time as the property is developed for residential purposes. By proceeding in this manner, it will be possible to obtain the required building permits subject to compliance with the Ontario Building Code. Once the property is developed for residential purposes, the zoning will allow the gazebo as an accessory structure. While clearly this approach is not one proffered by Council, in that the zoning of the property should have been dealt with in advance of proceeding with the erection of the gazebo, it does represent a reasonable means for resolution of the issue. With respect to the issues associated with water lots and the extent of the lands to be zoned within the residential and waterfront open space zones, we respectfully suggest that it is appropriate to revise the zone schedule to delineate the boundary between the proposed site specific residential zone and the open space zone along a line which is consistent with the lower limit of the shorewall, or extension thereof, as illustrated on the revised zone schedule attached hereto as Appendix "F". Our Client is further requesting that the City of Pickering revise the draft by-law amendment to provide for a maximum lot coverage, for all buildings and structures, of 40 percent. Such a request is considered reasonable given the physical characteristics of the properties and the readily apparent discrepancies which exist in terms of the delineation of the high water mark of Frenchman's Bay and the basis proposed for delineation of the boundary between the site specific Residential Fourth Density (R4) Zone and the Open Space / Hazard Land (OS-HL) Zone. The requested increase in maximum lot coverage from 33 percent to 40 percent is of a relatively modest nature and will not result in the excessive massing of buildings or structures on the property relative to adjacent residential properties. In summary, therefore, on behalf of Fairport Inc. we respectfully request that the draft by-law amendment attached to and forming part of Report PO 25-08 be revised as follows, namely: i. that the zone schedule forming part of the proposed by-law amendment be revised insofar as is necessary to zone that portion of the property located above the high water mark, that is the lower elevation generally defined by the shorewall, within a site specific Residential Fourth Density (R4) Zone and that the balance of the Waterlots be zoned within an appropriate open space zone as delineated on the revised zone schedule attached to and forming part of this submission; ii. that the lot area and frontage requirements for the proposed site specific Residential Fourth Density Zone be revised to provide for a minimum lot area of 320 square metres and a minimum lot frontage, by definition, of 12 metres; iii. that the minimum rear yard requirement be revised to provide for a minimum rear yard requirement of 6 metres given the re-delineation of the high water mark as proposed on the revised zone map versus the high water mark delineated on the topograhic survey filed with the application and/or as defined on Plan 40R-8654, which high water mark levels are generally consistent with that defined by the April 20, 1970, Order of Justice Donahue of the Supreme Court of Ontario; MCDERMOTT & ASSOCIATES LIMITED LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS . "'-r"T~' 'I. on.1 l: y VI _.. il.' I .fJl}kT # PO ~ 85 Mr. Ross Pym PN: 5114 -9- September 9, 2008 iv. that the provisions regulating the maximum height of a residential structure be revised to state that the maximum height shall be 12 metres except where the roof is a flat roof in which case the maximum permitted height shall be 9 metres; v. that the draft by-law be reyised to insert a clause which states that the maximum lot coverage of all buildings and structures within the Residential Fourth Density Exception Twenty- One (R4-21) Zone shall be 40 percent; vi. that the draft by-law be revised to incorporate a clause which states that, notwithstanding any other provision of By-law No. 2511, as amended, to the contrary, a gazebo, having a floor area of 30 square metres and a maximum height of 5.5 metres, shall be permitted in association with a boathouse and associated outdoor amenity where the boat house exists as of the date of passing of the by-law; and, vii. that the draft by-law be revised to specify the permitted uses and regulatory provisions applicable to those lands to be zoned within the Open Space/Hazard Land (OS-HL) Zone, specifically to provide for docks and/or decks subject to the requirements of the Authority having jurisdiction, being the Toronto and Region Conservation Authority in this instance. We trust that you will give favourable consideration to the revisions proposed to the draft by-law amendment in light of the information provided through this submission, and, that the City of Pickering will afford us an opportunity to review the revised draft of the proposed amendment prior to the by-law being placed before Council for adoption. Should you have any questions in relation to the nature and scope of the revisions requested to the draft by-law amendment, please do not hesitate to contact the undersigned. Respectfully submitted, ~~;:;mited J. D. McDermott, M.C.I.P., R.P.P. Principal Planner copy to: Mr. Lee Gray Fairport Inc. MCDERMOTT & ASSOCIATES LIMITED LAND USE & ENVIRONMENTAL PLANNING CONSULTANTS 86 j I, .vtUlI'!ENT '-'I? .~ ~ ,cPORT , PD '1 'R -u Appendix "A" - Registered Plans No. 65, M-90, M-917, etal Appendix "B" - Existing Site Conditions Appendix "C" - Conceptual Plan Of Proposed Lots Appendix "c" - Compiled Zone Map / Front Road & Adjacent Areas Appendix "D" - Assessment of Lot Characteristics Appendix "E" - Proposed Zone Schedule APPENDICES j I, vrllltENT# . ,,:f'OHT # PO 2 ~~ if )(~__. Appendix "A 1" . Registered Plan No. 65, Village of Fairport Appendix "A2" - Registered Plan M-917 Appendix "A3" - Registered Plan M-90 Appendix "A4" - Plan 40R-8654 Appendix "A5" - Abstract of Title / 700 Front Road APPENDIX" A" Registered Plans No. 65, M-917 and M-90, etal 87 88 .;.:o~;~:# <&~. ~-,~..... . ~..'~"'.".:"""':: ~,:;f""~",,::, ~~., ~by ..l.J qyp:#r . "3-cro ~~~'p~p #.~/"~ ~Ill' ~~!y '!7'? ~ /' jJ1r?..P H"~ /~?-r.~~ a:l/ - ~ I". ':"}? '~.4~ .~~~~ ..... 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';) '" , - 91 o t ~ . __J , ,i) ~ u,J...._ ;; & 5, " o ~C' ~ ~ ~~ f \,):r .., j ~~!i e~; ~ o ~ I- , '" o ":r: ., I II . 92 I Id,rll\i!ENT 11 ~ .,.l~ ,iPORT # PD_lJ.!6 =u l 1 "l' --{ ~ .. ~ ~ ,j"dil\t:ENT# 'J OCI~ Ii:PORT # PD~- APPENDIX "B" Existing Site Conditions 93 I i I~ \..m.... "'mmmm U94 i ~, 'Hlli'ENT 'if . ...mmj;;Porff#PD ;) ::J;i~l '4g~ \,-01'0 \'-o~ ./' ~/ ./'" ---- ./' ---- --r; ---- I 0 W 2 I ~ I ",a: ",W g'" I c-:~ ~lIJ I :;)0 -,2 "'~lIJ I ~~~ I ::!i a. a:>-a: Wa::;) I >-<(a. ~~;i I :r:5i= Cl",2 I IOl:!5 ~~m I Wli= ~ a: I-~OOC I 0><a:0 ZWQ.Ll.. --- -"-'-----"- ---- ~ ~ 8~ !l~ ~ !z ~!z ~ 0 IE >- W UJ a: >- (f) >- z i5 a. ~ 0: UJ ~ z I ~ ~5 ~~ I Do -J~ I ~ I I I I .,. <f) <!J I CO I '" 0 I .,. I z :5 I a. I I I REGISTERED PLAN I 65 I I I I I WATER WA TER LOT 9 LOT 8 I I I I I I I I I LOT 23. RANGE 3, BROKEN FROO T CONCESSION I I LOT 24, RANGE 3, BROKEN FRONT CONCESSION PAR T 3 PLAN 40R 2022 I I I I I I I I I I I I I I I I I I I I I I I I I L w :;) ~~O a: 0... <(00l :i w-r: rrU~ ~!ii=, ~~~ IOO Qa:ii" IW<( zO>- 0a:2 t=~~ (SIO 0>->- -'>-0: w"':;) >-00 <(wU ::!izw ;(~::!i "10 a: W UJOCwoc I-Q.I-Q... Qn.w:) 2<(OllJ i I I .. ..m ....m . m .. mm. m.m) m , ~ 9 ~ il i h ~~ ~o ~~ f' ~~ ~ < "8 ~~ g. "" n , , S€ .X 15 z w a. a. <( fa ~ ~ >- C ! a ~ ~ E <: ~ u.. . '. i3 !~ :~ a~ . t;3 ! ~c. ~~ ~~ ~I ~:~ ilL r.:l,z " ~d f _..'"U.>'!'T~'t=:: I h,vrlll/iENT # , .,;POAT # PO ,j)~11 ~ ---Q.lL. i, I 95 APPENDIX "C" Conceptual Plan of Proposed Lots (/)0 ~C5 00::: ....I~ O~ WLL (/)~ O~ 0..0 OR o:::~ a.. to LL o z :5 a.. ....I <( :::> ~ a.. W o Z o () ~ \-. mm.mmmmmmm.m..........._ 96 I I. lJrllviENT u ,,:ponT :/} PO J Ii" Cf~'E ----- ----- ----- ----- '~, (1(1 ----- :V -~\~_:,;'-->/ c' ~:,- I ~ J __-::-,"-1 ..2L... -==t---- I .~\ /' \ >', I \ , .....\.\._-<,~ ~.i.j.\;l.; " I "'"CCC_ ~ ~ E ~I \~;~. cil \ ff ~ ~I , . ---...__._--~-~ .\.;;-~ ~ ilia: ~!z o ::: I- W W 0: I- '" I- Z 6 Q. 0: W I- <( :: ~ Sa: ~!z o ::: E ;t ," ~1 ... E r-. g- O; '" 4. ~ . ID ~ i I-ll. \ 9 8 I ~ ~ I I I I I I I I I I I I PLAN I I I I I 6S .,. '" lO CO <r o .,. z :5 "- REQSTERED WATER lOT 9 WATER lOT 8 lOT 2J, RANGE J, BROKEN FRONT CONCESSION LOT 24, RANGE 3, BROKEN FRON T CONCESSION PART 3 PLAN 40R 2022 _____---fr I I I I I I I I I I I I o w z ~ ",0:: ",w 0'" ~-~ ~'" :JD ...,z ><:S[fl $u.", ~OO cr~~ ~C3ir ~~~ rOI- ,-,,,,z IO~ ~~~ Wli= ~ a: I-~ocr 0)(0::0 zwa..u.. uj :J ~~o ~8r;; ~w~ ocS:2:N wl---, I-(I)f( ~~~ u. _ roO S2o::ir rw<( zDI- oo::z i=~~ jro 0>->- --'>-0:: w"':J >-00 <(wu ::>zw x~::> wl~ffi~ t-a.I-a.. Oa..W=:l Z<COCf.l I I I I I I I I I I I L . c U '5: Z < ;::~ '" . o ~ ~m <1/ u. 0 i" I i I I ......j , ~~ ~~ ~I t=!: ~f~ ~~ f __._~!'f~'a::t I~, .J i j PD~~CJ ~ APPENDIX "0" Compiled Zone Map I Study Area 97 I , I i ;"CHlVIENT I. ,t:PORT I PO 98 OMPILED ZONE MAP FRONT ROAD & ADJACENT PROPERTIES CITY OF PICKERING u C (;l > (J) ~ m Z C m "Tl ~ ~ ffi :E ~ m z c m R4 R4 S4-7 RM1 - "Tl BROWNING AVENUE ".. - - - ;0 < ffi :E ~ R4 z c m ILONA PARK ROAD RM1 BAYVIEW STREET "Tl ;0 o Z --i ;0 o )> o RM1 R4 , , R4 H)S-SD-1 SUBJECT LANDS RM2 R4 COMMERCE STREET "tl r m )> (J) )> Z --i (J) --i ;0 m m --i R4 H)03B ZONE LEGEND R4 RM1 RM2 S-S D-1 02 03B RESIDENTIAL (ONE FAMILY DETACHED DWELLING) FOURTH DENSITY ZONE RESIDENTIAL (MULTIPLE FAMILY DWELLING) FIRST DENSITY ZONE . RESIDENTIAL (MUL TIPLE FAMILY DWELLING) SECOND DENSITY ZONE RESIDENTIAL (SINGLE/SEMI-DETACHED DWELLING) FIRST DENSITY ZONE (BY-LAW NO. 4139/92) PUBLIC AND PRIVATE OPEN SPACE ZONE WATERFRONT ZONE .. .. 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" .. .... .. c < c n~ e e e .... .. '" m.... ~9~ m.. '" ~ ~ ~ l1~~_.. . ~ .:; '0 . ~ . .. ~ .. t ; i ,~,GHMENT ,. :PORT I PO ~Y'T:j RONTAGE CHARACTERISTICS FRONT ROAD & ADJACENT PROPERTIES CITY OF PICKERING '1 D 3 v l c CIl "T1 c;J ;-i )> r; ;: ~ CIl )> ~ ~ ffi ~ m MONICA COOK PL Z z CIl )> C 0 < m ;JJ m Z iii c m 11III ...... SUBJECT LANDS LEGEND SERVICED FRONTAGE NON-SERVICED LOTS LOTS . LESS THAN 13 METERS 83 0 13.0 TO 13.9 METERS 0 0 14.0 TO 14.9 METERS 0 0 15.0 TO 15.9 METERS 0 . 16.0 TO 19.9 METERS ~ . 20.0 TO 29.9 METERS ~ . 30 METERS OR GREATER 83 IIIlI IIIlI BOUNDARY OF STUDY AREA ~'\!lllr""I,lillsa~'''.'IItf'''' (JI.l~~I"'''' ')Oi,~W1'1l; .;(;I01.!' 1:''ii'<:I,lH''k: .]~ M ~~ FAIRPORT INC. Clrv Of PICK[HING ILONA PARK ROAD I -.1 < m ;JJ " o o .- ;JJ o )> o " ~ CIl ~ -< CIl -< ;JJ m m -< J < m ;JJ ~l ~ o ANNLAND STREET WHARF STREET ( ::...\01"" :-'>'<>'<'lIJ.1 ;.~', .1t.<<N: I I I I ~ I r ~;E2~,IX 'I ) \ ' 104 '.' i,'l,;HMENT I,,~",P on_cJO o ,,:PORT I PO L[~ - <( APPENDIX "F" Proposed Zone Schedule "~~~~~~'~ ~ -oJf W .....J ::> o w :r: () U) w z o N o W U) o 0.. o c::: a ---- ----- ----- ~ ----- _ _ _~RONT Ro.~ lOT 23, RANGE J, LOT 24, RANGE 3, BROKEN FRONT CONCESSION PART 3 PLAN 40R 2022 ~ ~ ____-1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I __L___ ~ ;: ~ "' u. o 0 >- ~ ;. I ~ ::J o W I U II) !!l II) J: >- II) J: >- o w II) II) '" Q. ~ $ ~ tzw w wz ~ Q<;> wwf3~ ~F~iD F~F~ :;..:OZ Owl-O ff:~~~ fD~2~ a~m~ t;j ~ Q.~ C:::u;..-U5 UJZZL'uj ~~~~5 .....:r: LL. IN (1).....0:::1-- ~~~~~ :'5:!:;::!~ il EJ ~ tz w Q Z <Il W ~~g,w WI-wz roro I-ZI-N ~~~? [B~ch QNoQ. ~[~~ 0_1ll", t;j "'-, er~Q.o CJll-er wzz~ Illwo oOer I-ILL.I (l)l-crW c!l::W() Z:J~<C :'5:!:;:B; ra Ii:: ~ ~ --'ii, I~ 1 ~u..n a.- ~ i 05 ,_/ ;.: a: w -' U c..i ~ ~ ~ ~ ~ O'i ~ E 4: ~ u. ~ .. j' i ~ :~ ":r. , o ~ ~I~ ~~ ~:~ ::'i~ ); g~ :!~ ~:; ~i":; ~ ~~ ~ _...,~~.::.:::= PL, i~ i if !"d q::Q~ 106 APPLICANTS ORIGINAL PLAN A 09/08 - FAIRPORT INC. WATERPOINT STREET 43.0m ~.ijr._) >, ,.,., ~~ ~!,." ~\;~\- ~ zt1'--,,------- ". , ~- \\ ,,;,,"" -----_\ LOT 3 Ii I . I ! -n -;u o Z -t -;u o );> o l~ j FRENCHMAN'S BAY ~1 en PROPOSED "2 STOREY DWELLING . , 45.6m r........J.---:-...~.~~~...>-;...;.--....,.....--/..~::.t ~~ .;....;;..z;;.~ r' >~ ~ ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, MARCH 4, 2008. 107 APPLICANTS REVISED SUBMITTED PLAN A 09/08 - FAIRPORT INC. ATTACHMENT I REPORT # PO 4 TO 40-o~ WATERPOtNT STREET r" 0> ~e: rn ~ 740.9 sq.m. ~ W (:) 3 LOT 9 REC:STERED ::>lAN M-917 ~ > 7 :;: FLAN 40R - 8654 NOTE: APPROXIMATE LOCATION HIGH WATER MARK AS DETERMINED BY THE ORDER OF JUSTICE DONAHUE, SUPREME COURT OF ONTARIO, APRIL 20, 1970 I / / / -;- / \ \ \ NOTE: EXISTING HIGH WATER MARK JULY, 2008 & PROPOSED BOUNDARY OF LANDS TO BE REZONED FOR RESIDENTIAL PURPOSES \ c;-\ I \ ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, NOVEMBER 17, 2008. 1 'I I I 1 1 I I 1_ ~ ~ II -+ l ~ __L \ \ \ I \ \ \ I \ \ \ ~ 1 08 " ~ E l[) o::J N ~ ~ \ \ \ " 55.0m 8r AFF'8 RECOMMENDED PLAN FAIRPORT INC. A 009/08 ATTACHMENT I 5 TO REPORT I PO ~I? -08 'l ;;0 o Z ---1 ",,-WATERPOINT STREET 46.9m E "<j- RETAINED lOT r") N PROPOSED lOT 8 84.2m 50.9m _I '" - - - ~ --...---.--- - - - "1' rv THIS MAP WAS PRODUCED BY THE CITY OF PICKERING. PLANNING &- DEVELOPMENT DEPARTMENT, INFORMATION ok SUPPORT SERVICES, NOVEMBER 14, 2008.