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HomeMy WebLinkAboutOctober 5, 2009 o~ Planning & Development Committee Agenda I'M _ ' Monday, October 5, 2009 PI K RI Council Chambers 7:30 pm Chair: Councillor Littley 1. DELEGATIONS Phil Meagher, Deputy General Manager, Operations Durham Region Transit Re: Presentation on the Current Status of the Long Term Transit Strategy (LTTS) PART "A" PLANNING & DEVELOPMENT REPORTS PAGES 1. Director, Planning & Development, Report PD 24-09 1-38 Zoning By-law Amendment Application A 10/09 Pine Ridge Management Inc. & 1331301 Ontario Inc. Part of Lots 20 & 21, Concession 1 (1450 & 1525 Pickering Parkway) City of Pickerinq [Report referred from September 8, 2009 Planning & Development Committee. Refer to attached memorandum dated September. 17, 2009 from Director, Planning & Development.] RECOMMENDATION 1. That Report PD 24-09 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 10/09, submitted by Pine Ridge Management Inc. & 1331301 Ontario Inc. for lands being Part of Lot 20, Concession 1 & Part of Lot 21, Concession 1, be approved to broaden the range of commercial uses for the subject properties including offices and personal service uses, and add nursing home, retirement home and multiple dwelling-vertical (apartment) as permitted uses and increase the permitted height from six to eight storeys on the lands; Accessible For information related to accessibility requirements please contact PICK c n ~ Linda Roberts C RL V Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Irobe rts(cDcitvofpickerina.com Cityoo Planning & Development Committee Agenda _ Monday, October 5, 2009 PI KERI Council Chambers 7:30 pm Chair: Councillor Littley 3. That no further notice is required to change the by-law to increase the permitted height from six to eight storeys, proposed subsequent to the holding of the public meeting, as it is within the provisions of the Planning Act, and 4. Further, that the zoning by-laws to implement Zoning By-law Amendment Application A 10/09, as set out in Appendices I and II to Report PD 24-09, be forwarded to City Council for enactment. 2. Director, Planning & Development, Report PD 26-09 39-43 Continuation of Urban Design Consulting Services -Downtown Pickering & Pickering Growth Strategy Program RECOMMENDATION 1. That Report PD 26-09 of the Director, Planning & Development respecting urban design consulting services be received; ' i 2. That the Director, Planning & Development and the Office of Sustainability be authorized to continue with the services of Young & Wright / IBI Group to act as the City's urban design consultants on the: a) Downtown Pickering program to an upset limit of $50,000 using professional and consultative service funds approved by Council in the 2009 Planning & Development Department budget; b) Downtown Pickering program for 2010 to a limit to be determined through the Planning & Development Department budget approval process; c) Pickering Growth Strategy program to an upset limit of $65,000 using professional and consultative service funds approved by Council in the 2008/2009 Planning & Development Department budgets; and 3. Further, that the appropriate City officials be authorized to take the necessary action to give effect hereto. 3. Director, Planning & Development, Report PD 27-09 44-86 City Initiated Application Zoning By-law Amendment Application A 12/08 Dunbarton Village Zoning Review City of Pickerinq RECOMMENDATION 1. That Report PD 27-09 of the Director, Planning & Development be received; 00 Planning & Development Committee Agenda C Monday, October 5, 2009 PI KERI Council Chambers 7:30 pm Chair: Councillor Littley 2. That Zoning By-law Amendment Application A 12/08 be approved to rezone certain lands in Dunbarton Village to recognize existing legal non-conforming uses and to establish a range of permitted uses appropriate for this Village environment; and 3. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 12/08, as set out in Appendix I to Report PD 27-09, be forwarded to City Council for enactment. 4. 'Director, Planning & Development, Report PD 28-09 87-95 Request for Site Specific Exception to the Council Adopted Development Guidelines for the Rosebank Neighbourhood James Micklewright 447 Toynevale Road (Lot 1; Plan 389) City of Pickering RECOMMENDATION 1. That Report PD 28-09 respecting a request from James Micklewright for a site specific exception to the Council Adopted Development Guidelines for the Rosebank Neighbourhood for the subject property located at 447 Toynevale Road be received; 2. That should Council determine that there is merit in proceeding with consideration of the request for a site specific exception to the Development Guidelines for the Rosebank Neighbourhood, that the Planning & Development Department be authorized to give notice of the request to property owners within a 150 metre radius of the subject property, the neighbourhood Ratepayers Association and applicable external agencies impacted by the proposal, and to hold an Information Meeting at the December 7, 2009 Planning & Development Committee Meeting; and 3. Further, that the Planning & Development Department prepare a Recommendation Report, following the public consultation process, for the Planning & Development Committee's consideration early in 2010. Planning & Development Committee Agenda Monday, October 5, 2009 PI 'KERI Council Chambers - 7:30 pm Chair: Councillor Littley 5. Director, Planning & Development, Report PD 29-09 96-149 Durham Region Official Plan Amendment Application OPA 2008-001 Official Plan Amendment Application OPA 05-04/P Amendment 20 to the Pickering Official Plan Zoning By-law Amendment Application A 33/05 Kinsale Properties Ltd. (Part of Lot 4, Concession 6) City of Pickering RECOMMENDATION 1. That Report PD 29-09 of the Director, Planning & Development regarding Official Plan Amendment Application OPA 05-04/P, Amendment 20 to the Pickering Official Plan, be received; 2. a) That Amendment 20 to the Pickering Official Plan initiated by Kinsale Properties Ltd., to permit a 12-hole golf course and associated uses by redesignating the lands from Agricultural Areas, Open Space System - Natural Areas and Exception (E1-3.20. a) to Open Space System - Active Recreational Areas as set out in Exhibit "A" to Appendix I to Report PD 29-09 be adopted and forwarded to the Region of Durham for approval; b) That the Draft By-law to adopt Amendment 20 to the Pickering Official Plan to establish a golf course with maintenance buildings, a clubhouse with limited food services and a separate building with an indoor golf simulator as set out in Appendix I to Report PD 29-09 be forwarded to Council for enactment; 3. That Council advise the Region of Durham that it supports the application to amend the Durham Regional Official Plan, File: OPA 2008-P-51, submitted by Kinsale Properties Ltd., to redesignate a 29.9 hectare site in the City of Pickering from Prime Agricultural Areas to Major Open Space Areas to permit the development of a 12-hole golf course; 4. That Zoning By-law Amendment Application A 33/05 submitted by Kinsale Properties Ltd. for lands being Part of Lot 18, Concession 1, City of Pickering, to amend the zoning of the subject property to permit a 12-hole golf course with maintenance buildings, a clubhouse with limited food services and a separate building with an indoor golf simulator as outlined in Report PD 29-09 be approved; City o0 Planning & Development ~I Committee Agenda Ah, Monday, October 5, 2009 PI KERI Council Chambers 7:30 pm Chair: Councillor Littley 5. That the draft by-law to amend Zoning By-law 3037, as amended by By-law 1751/83 to permit a 12-hole golf course with maintenance buildings, a clubhouse with limited food services and a separate building with an indoor golf simulator is to be forwarded to Council for enactment once the Ministry of Natural Resources advises the City that the final limits of development and boundaries for open space zoning are appropriate; and 6. Further, that the City Clerk forward a copy of Report PD 29-09 to the Region of Durham and the Town of Ajax for information. (II) OTHER BUSINESS (III) ADJOURNMENT cis o~ PI KE RI G MEMO To: Debbie Shields September 17, 2009 Deputy Clerk 01 From: Neil Carroll . Director, Planning & Development Copy: N/A Subject: Referral of Planning & Development Committee (September 8, 2009) Zoning By-law Amendment Application A 10/09 Pine Ridge Management Inc. and 1331301 Ontario Inc. 1450 and 1525. Pickering Parkway City of Pickering At the September 8, 2009 Planning & Development Committee meeting, Committee referred Report PD 24709 respecting Zoning By-law Amendment Application A 10/09, Pine Ridge Management Inc.. & 1331301 Ontario Inc., 1450 and 1525 Pickering Parkway, back to staff. At the meeting, concern was expressed by some Councillors respecting the minimum building height required by the current zoning by-laws applicable to both these properties; indicating that this minimum is too low and should be increased due to the location of the lands in Pickering's downtown.. Concern was also expressed that .a specific development proposal for each of the two properties did not accompany the application: Bob Oldman, the applicant, contacted the. Planning & Development Department following the meeting and has provided correspondence outlining his development interest respecting both properties and his position that the two storey minimum building height contained in the existing zoning' by-laws is both appropriate and necessary for the marketing and development of these properties (see Attachment #1)..Mr. Oldman has indicated that although they do not yet has a specific tenant for the lands, Pine Ridge Management Inc. desires to.intensify their effort toward currently emerging development opportunities encouraging greater intensity and a mix of uses. It is also important to brief the Planning Committee on the provisions of the Pickering Downtown Core Development Guidelines which were approved by Council on June 16, 1997 and which are currently applicable to these lands. For 1450 Pickering Parkway, the Guidelines provide that only.'base buildings' having a minimum height of 2 to 3 storeys, and maximum height of 6 to 7 storeys be permitted. These restrictions are intended to ensure the proper enclosure of the street, maximize solar access, and protect. important sight lines within the Downtown Core. For 1525 Pickering Parkway, the Guidelines provide that 'base buildings' on the south side of Pickering Parkway be located close to the street line to create containment of the street, and be. between 2 to ,6 storeys in height. The 'south end' of Valley Farm Road is identified as an area where tower buildings could also be accommodated. The current zoning height minimum and maximums conform to the Guidelines. The request to increase the number of storeys at 1450 Pickering Parkway from 6 to 8 storeys is considered a 'technical amendment' as the current zoning by-law allows a height of 27.0 metres which is not requested to be increased and which will accommodate an 8 storey building. Both of the subject properties are very small. in area; 1450 Pickering Parkway including an unopened portion of Pickering Parkway is 0.62 hectares and 1525 Pickering Parkway is 0.51 hectares. Further, both properties are subject to significant easement restrictions which further limit opportunity for underground parking or large floor space projects. An 8 storey building may still be possible on either property, but only for a land use that has veryminimal parking supply requirement, such as a nursing home or seniors project. Not all properties in the Downtown will be able to support buildings of significant height. However, it is important that the urban design objectives of street enclosure and pedestrian friendly street edge be accomplished through any development proposal. These objectives can still be accomplished with a shorter building having a height of 2 to 3 storeys at the street edge. opportunity for higher buildings exists elsewhere in the downtown on larger properties that can better support underground parking structures, such as the Kaleidoscope project at the southeast corner of Valley Farm and Kingston Road, and the Pickering Town Centre lands.,,, Charts and schedules for each site, comparing the existing zoning provisions are attached for Council's information.(see Attachments #2 & #3). _ I IJ:LT:Id JASTAFFVJemesvon" amendmenls\Plne Ridge%T-memo oldman heighl.doc Attachments September 17, 2009 Page 2 Zoning By-law Amendment Application A.10/09 Pine Ridge Management Inc. and 1331301 Ontario Inc. L_ PINE RIDGE PROPERTIES Attachment # 555 Kingston Road W. 03 Ajax, ON L1S.6M1 Tel: 905-428-7677 Fax: 905-428-7680 September 171h, 2009 Isa James. MCIP, RPP _t - Planner II _ _ Plannning & Development Department City of Pickering, Pickering, ON LiV 6K7 Dear Isa: Please accept my attached response. to you request for input into the review of our Re-Zoning Application. on our "Pickering Parkway" properties. Together with the Planning 5taff we have developed a strategy to bring these sites up to date with the City's planning objectives in the Downtown, Core. Ultimately the tenant pays for all improvements in the form of rents.. and the facilities cost effects our ability to attract and retain tenants. By maximizing the potential uses and remaining competitive in our market place, we can achieve Sustainable Pickering's and Councils objectives under the Downtown Core Guidelines. Pine Ridge Properties has been a successful Pickering based Developer since 1982. We currently serve 60 tenants in 150,000 square feet of prime office space in Durham under ownership and management. We have owned the subject properties since 1996 and successfully Design Built the Verdian Centre. Yours truly, Robert P. Old Attachment 44-L- 04 Page 2 The properties under review have a current zoning that allows for development consistent with existing City of Pickering Planning, Downtown Core Development Guidelines. While our sites are well located within the downtown corridor, they are burdened with limitations: 1) Area of site - approximately 1.5 and 1.25 acres 2) Area per potential building envelope - consideration of extensive easements that run through property including Durham Regional.Sewage limit the area for excavation for both sites 3) Ingress and egress - properties have given rights of way.to north Apartment deVelopment which restrict the number of parking potential spaces and parking area to the western portion of the site 4)' Current zoning allows 27 meters height - we will limit number of stories to that requirement (there is a first floor minimal footprint to be considered) 5) Current zoning allows minimum 2 storey - many of the potential users such as medical require increased parking. Our Veridian project ( 1.5 acres) was a-3 storey 36,000 (12,000 per floor) development where a maximum of '104 parking spaces were. attained 6) Given the soil conditions and extensive service easements burdening'the land (limited envelope for excavation) the potential for underground parking does. not exist. 7) MTO requires 14 Meters be protected on the south side properties adjacent to the 401 for future expansion further limiting our potential footprint 8) A. Medical services based building may potentially be limited to a maximum of 20000 square feet on 2 floors and would require 100 parking spaces 9) Achieving the highest residential densities in Pickering's downtown is an objective of the "Sustainable Pickering" Committee and Council. A "Senior Citizens" residential use would allow for up to 8 stories. in excess of 100 residences' and require 'only an area of 30 parking spaces Parking. and. building envelope are limiting factors on our site... Our goal is to anticipate potential users and be zoned, appropriately to complete the building in accordance. with . "Smart Growth" requirements as outlined in the "Places to Grow" objectives of attaining 200 jobs or 200 persons per hectare ( or a combination of both). mtachment Z The following charts summarize the proposed bylaw changes: 05 1450 Pickering Parkway (By-law 6365104) MU-19 RH/MU-1 EXISTING USES PERMITTED PROPOSED USES PERMITTED business office business office financial institution financial institution personal service shop personal service shop professional office professional office restaurant - Type A - restaurant - Type A retail store retail store nursin .home retirement home day nurse multiple dwelling vertical ( apartments) EXISTING ZONE REQUIREMENTS PROPOSED ZONE REQUIREMENTS Buildings and structures shall comply No change with the minimum and maximum building envelope illustrated on Schedule II A minimum of 70% of the 40.0 metre . No change Build-to-zone must be occupied prior to the erection of any other buildings or structures on the subject lands Height -minimum 6.5 metres (2 storeys) No change height within the Build-to-Zone and abutting Glenanna Rd. And Pickering Parkway -maximum height within the build-to zone 13 metres 4 storeys) Height -maximum of 27 metres (6 Height -maximum of 27 metres (8 storeys) storeys) within the building envelope within the building envelope and outside and outside the build-to-zone the build-to-zone EXISTING PARKING REQUIREMENTS . PROPOSED PARKING REQUIREMENTS -restaurants - Type A - 5.5 -restaurants - Type A - 5.5 spaces/100square metres of GFA spaces/100square metres of GFA -all other uses - 4.5 spaces /100square -multiple dwelling-vertical -1.2 metres of GFA spaces/dwelling unit for residents and 0.3 of a parking space per dwelling unit for visitors -for nursing home and retirement home uses, there shall be provided and maintained a minimum of,0.2 parking spaces per living unit for residents, and Atta l h m e n t 2' 06 0.05 of a parking space per living unit for visitors -all other uses - 4.5 spaces /100square metres of GFA EXISTING SPECIAL REGULATIONS PROPOSED SPECIAL REGULATIONS The gross aggregate leasable floor area- No change for all medical office uses shall not exceed 1000 square metres The maximum aggregate leasable floor No change area for all retail and personal service shop uses shall not exceed 25% of the gross leasable floor area for all building(s) on the site _ The minimum gross leasable floor area No change for any restaurant - Type A shall be 500 s uare metres No drive-thru component, shall be No change permitted with an use on site No parking shall take place within the No change Build-to=Zone i BLOCK 13 j" ~nlent 2 40M-1231 0.7 BLOCK 14 40M-1231 QQ- 6 om / 0. o~ ~O o P: I! BUILDING ENVELOPE. o~G M BUILD-TO-ZONE \ LANDS AFFECTED BY THIS BY-LAW N. SCHEDULE II TO BY-LAW 6,36,5104 PASSED THIS. 20 DAY OF Sep taber 2004 ~~O Pitta hmenul 0. 1450 Pickering Parkway (By-law 6007/02) OC RH/MU-3 EXISTING USES PERMITTED PROPOSED USES PERMITTED business office business office professional office professional office nursing home personal service shop retirement home day nurse multiple dwelling vertical ( apartments) EXISTING ZONE REQUIREMENTS PROPOSED ZONE REQUIREMENTS Buildings and structures shall be located No change entirely within the building envelope illustrated on Schedule I Height -minimum 6 metres and two Height -minimum 6 metres and two functional floors functional floors -maximum height 18 metres -maximum height 27 metres 8 storeys) No outside storage or display No change EXISTING PARKING REQUIREMENTS PROPOSED SPECIAL REGULATIONS -4.5 spaces /100square metres of gross -multiple dwelling-vertical -1.2 leasable floor area for the first 1,000 spaces/dwelling unit for residents and 0.3 ti square metres of gross leasable floor of a parking space per dwelling unit for area visitors -2.5 spaces /100square metres of gross -for nursing home and retirement home leasable floor area for all floor area in uses, there shall be provided and excess of 1,000 square metres of gross maintained a minimum of 0.2 parking leasable floor area spaces per living unit for residents, and 0.05 of a parking space per living unit for visitors -all other uses 4.5 spaces /100square metres of gross leasable floor area for the first 1,000 square metres of gross leasable floor area and 2.5 spaces /100square metres of gross leasable floor area for all floor area in excess of 1,000 square, metres of gross leasable floor area EXISTING SPECIAL REGULATIONS PROPOSED SPECIAL REGULATIONS The aggregate gross leasable floor area No change for all medical office uses shall not exceed 1,100 square metres Elsa James7oning Amendmentslproposed by-law changes comparison.doc Q 09 C . j 3.Om 3.Om~'' ~ II :CO PART .1, : 40R-12401 c' 3.Om cr 14.Om 1~ 6 . N y SCHEDULE I TO BY-LAW 6007/02 PASSED THIS 27th DAY OF July 2002 R A A 't I.-% ~r- Ciw o¢ REPORT TO PLANNING & DEVELOPMENT PICKERIN COMMITTEE 10 Report Number: PD 24-09 Date: September 8, 2009 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 10/09 Pine Ridge Management Inc. & 1331301 Ontario Inc. Part of Lots 20 & 21, Concession 1 (1450 & 1525 Pickering Parkway) City of Pickering Recommendation: 1. That Report PD 24-09 of the Director, Planning & Development be received, 2. That Zoning By-law Amendment Application A 10/09, submitted by Pine Ridge Management Inc. & 1331301 Ontario Inc. for lands being Part of Lot 20, Concession 1 & Part of Lot 21, Concession 1, be approved to broaden the range of commercial uses for the subject properties including offices and personal service uses, and add nursing home, retirement home and multiple dwelling-vertical (apartment) as permitted uses and increase the permitted height from six to eight storeys on the lands; 3. That no further notice is required to change the by-law to increase the permitted height from six to eight storeys, proposed subsequent to the holding of the public meeting, as it is within the provisions of the Planning Act; and 4.. Further, that the zoning by-laws to implement Zoning By-law Amendment Application A 10/09, as set out in Appendices I and II to Report PD 24-09, be forwarded to City Council for enactment. Executive Summary: The application involves two sites; the first located at the northeast corner of Glenanna Road and Pickering Parkway (1450 Pickering Parkway); and the second located southeast of the intersection of Pickering Parkway and Valley Farm Road (1525 Pickering Parkway) (see Attachment #1 - Location Map). The applicant requests an amendment to the zoning by=laws to permit additional uses, including residential (townhouse and apartment) and institutional (day nursery, nursing home, and retirement home) uses, to modify the mix of currently permitted commercial uses (business office, convenience store, professional service shop and professional office) and to permit a height increase to a maximum of eight storeys on the lands. Report PD 24-09 September 8, 2009 Subject: Pine Ridge Management Inc. & 1331301 Ontario Inc. Page 2 _ 11 A conceptual site plan does not accompany this application as a specific development proposal has not yet been envisaged. The applicant wishes to obtain greater density and flexibility in permitted uses for the properties in order to better market the lands for proposals that achieve the Provincial, the City's and the owner's objectives. It is recommended that this application be approved and that the majority of requested additional uses be permitted. With the exception of townhouses, the proposed uses are compatible and appropriate for the subject lands in this neighbourhood and offer the opportunity for a greater mix and intensity of use as envisaged by the Official Plan. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: The applicant's proposal represents an expansion of allowable uses and density on the properties that may allow the lands to be developed sooner and more efficiently. Building sustainability features will be considered through the site plan review process. Background: 1.0 Introduction The owners of the properties, Pine Ridge Management Inc. & 1331301 Ontario Inc., propose to add residential uses including multiple dwelling-horizontal (townhouse) and multiple dwelling-vertical (apartments), institutional uses including day nurseries, nursing homes, and retirement homes, and to modify the currently permitted commercial uses to include business offices, convenience stores, professional service shops and professional offices (see Attachment #1 - Location Map). Subsequent to the statutory public meeting for this application, it was clarified that the owners desired to increase the maximum height permitted in the by-laws from six storeys to eight storeys. Staff considers this revision to be minor in nature and within the provisions of the Planning Act and do not feel that further public notice is required. Currently, the permitted uses at 1450 Pickering Parkway include business offices, financial institutions, personal service shops, professional offices, restaurants Type-A and retail stores. Currently, the permitted uses at 1525 Pickering Parkway include business offices and professional offices.. Both properties will be subject to site plan control review to ensure that future site designs are compatible with and sensitive to existing surrounding development and the detailed review of activity levels, scale and intensity of the uses will be required and considered through the Site Plan Approval process. Report PD 24-09 September 8, 2009 Subject: Pine Ridge Management Inc. & 1331301 Ontario Inc. Page 3 1 2 - 2.0 Comments Received 2.1 At the April 7, 2008 Public Information Meeting (see text of Information Report & Meeting Minutes, Attachments #2 & #3) No members of the public in attendance at the public information meeting spoke in support or opposition to the application. 2.2 Written Public Submissions on the application No public comments have been received. 2.3 City Department and Agency Comments Region of Durham - regional centres shall be the main concentrations Planning Department of urban activities, providing a fully integrated array of community, office, service and shopping, recreational and residential uses; - in accordance with the Growth Plan for the Greater Golden Horseshoe, as an 'Urban Growth Centre', shall function as the dominant Centre within the Region, with specific emphasis on office, business and administrative services; - the proposal is in conformity to the Regional Official Plan; - servicing is available from the existing municipal water supply system and sanitary sewerage system on Pickering Parkway; - the proposal does not present any significant Durham Region Transit impacts; (see Attachment #4). No other agency that provided comment has any objection to the subject applications. 3.0 Discussion 3.1 The proposed uses comply with the Regional Official Plan and the City's Official Plan The applicant's proposal conforms to the Region of Durham Official Plan which designates the subject properties Regional Centre. Regional Centres are intended to be the main concentrations of urban activities, providing a fully integrated array of community, office, service and shopping, recreational and residential uses. Report PD 24-09 September 8, 2009 Subject: Pine Ridge Management Inc. & 1331301 Ontario Inc. Page 4 13 The City of Pickering Official Plan designates the subject properties Mixed Use Area - Downtown Core within the Town Centre Neighbourhood. The Mixed Use Area policies and Town Centre Neighbourhood policies of the Plan encourage the highest mix and intensity of uses and activities in the City to be in this neighbourhood. Approval of the zoning by-law amendment to permit the requested uses conforms to the City's Official Plan. 3.2 Proposed Uses (Except Townhouses) Comply with Downtown Core Development Guidelines The Pickering Downtown Core Development Guidelines identify a vision for Pickering's Downtown and establish urban design guidelines to support the vision. The guidelines resulted in a conceptual plan for Downtown Pickering which included the desire to support an increased intensity and mix of uses in the downtown and provide a range of housing, employment, retail and entertainment opportunities. The Pickering Downtown Core Development Guidelines promote the creation of street-related mixed use buildings along Pickering Parkway and identify Pickering Parkway as an important commercial and employment spine through the downtown. The proposed additional uses, with the exception of townhouses, will implement this desired vision for Pickering Parkway. Townhouses would not provide the continuity of commercial activity nor the intensity of use that is desired for Pickering Parkway. Provisions for townhouses have therefore not been included in the draft zoning by-law amendments. The applicant is aware of and agrees with this position. These properties were zoned in 2002 and 2004 based on the development interests of the owners at that time. The zoning included various requirements related to the achievement of specific design objectives. The proposed increase in height from six to eight storeys is in keeping with these design objectives. All other provisions regarding built form are still considered appropriate and will remain unchanged (see Attachment #5 - By-law 6365/04 Schedules I & II and Attachment #6 - By-law 6007/02 Schedule 1). 3.3 The proposed increase in height is considered to be minor The current maximum height permitted by the by-law for 1450 Pickering Parkway is 27 metres. This height can accommodate an eight storey building. The change from six storeys to eight storeys for this site is considered to be a technical amendment. .Report PD 24-09 September 8, 2009 Subject: Pine Ridge Management Inc. & 1331301 Ontario Inc. Page 5 The proposed increase in height from six storeys to eight storeys for 1525 Pickering Parkway is considered to be appropriate for the site and within the context of the site's neighbouring uses and the design objectives for the Downtown core. The width of Pickering Parkway and the required building set backs are sufficient to ensure that no significant overshadowing of the townhouses to the north will occur. No adverse impact to neighbouring properties would result from this change. 3.4 Intensification of uses for sites will not prejudice review of the Growth Centre The Provincial Growth Plan identifies Downtown Pickering as an Urban Growth Centre. The City will be undertaking a review of the downtown area to determine where and how intensification may be accommodated. If the Downtown Review indicates that greater intensity on the subject properties is desirable, such intensification may occur through a future rezoning. The current rezoning does not prejudice the review of the downtown area. 3.5 The proposed uses are appropriate and compatible to existing neighbouring uses Neighbouring uses already include apartments and commercial uses and therefore the proposed uses for the subject properties, with the exception of townhouses, are considered appropriate for the development of the lands. The noise levels created by Highway 401 would be in excess of the Ministry of the Environment recommendations for outdoor amenity spaces usually provided to townhouses. Due to the two storey increase in permissible height, the overall available floor space (within the building envelope area) for the sites will increase minimally, but given the sites' locations in close proximity to the Pickering Town Centre, the Transit Hub, and good access to Highway 401, anticipated traffic changes resulting from the proposed additional uses are expected to be negligible. 3.6 The conveyance of the unopened portion of Pickering Parkway is being finalized At the time of authoring this report, the City was in the process of finalizing the conveyance of the unopened portion of the Pickering Parkway road allowance to the applicant for development in conjunction with 1450 Pickering Parkway. These lands are included in this rezoning application. 3.7 The amendment to Zoning By-laws 6007/02 and 6365/04 should be enacted It is recommended that the site-specific Zoning By-laws 6007/02 and 6365/04 be amended to include the proposed uses except for grade-related townhouses. The existing zone requirements of the existing zoning by-law provisions are considered appropriate. Report PD 24-09 September 8, 2009 Subject: Pine Ridge Management Inc. & 1331301 Ontario Inc. Page 6 15 The following charts summarize the proposed By-law changes: 1450 Pickering Parkway (By-law 6365/04 EXISTING USES PERMITTED "MU-19" PROPOSED ADDITONAL USES "RH/MU-1" business office nursing home financial institution retirement home personal service shop day nurse professional office multiple dwellings-vertical (apartment) restaurant - Type A retail store EXISTING ZONE REQUIREMENTS PROPOSED ZONE REQUIREMENTS Height -maximum of 27 metres (6 A technical amendment to more accurately storeys) within the building envelope reflect the, number of storeys for a 27 metre and outside the build-to-zone (see building height: Height - maximum 27 metres Attachment #5 - By-law 6365/04 (8 storeys) within the building envelope and Schedules I & II outside the build-to-zone EXISTING PARKING REQUIREMENTS PROPOSED ADDITIONAL PARKING REQUIREMENTS • restaurants - Type A - 5.5 spaces / • multiple dwelling-vertical - 1.2 spaces / 100 square metres of GFA dwelling unit for residents and 0.3 of a • all other uses - 4.5 spaces / 100 parking space per dwelling unit for visitors square metres of GFA • for nursing home and retirement home uses, there shall be provided and maintained a minimum of 0.2 parking spaces per living unit for residents, and 0.05 of a parking space per living unit for visitors 1525 Pickering Parkway (By-law 6007/02 EXISTING USES PERMITTED "CO" PROPOSED ADDITIONAL USES `"RH/MU-3" business office nursing home professional office personal service shop retirement home day nurse multiple dwellings-vertical (apartment) Report PD 24-09 September 8, 2009 Subject: Pine Ridge Management Inc. & 1331301 Ontario Inc. Page 7 1 EXISTING ZONE REQUIREMENTS PROPOSED ZONE REQUIREMENTS Height -maximum of 18 metres (6 storeys) To increase the height to permit 8 storeys: (see Attachment #6 - By-law 6007/02 Height - maximum of 27 metres (8 storeys) Schedule 1 EXISTING PARKING REQUIREMENTS PROPOSED PARKING REQUIREMENTS • 4.5 spaces / 100 square metres of • multiple dwelling-vertical - 1.2 spaces / gross leasable floor area for the first dwelling unit for residents and 0.3 parking 1,000 square metres of gross leasable space per dwelling unit for visitors floor area . for nursing home and retirement home uses, • 2.5 spaces / 100 square metres of there shall be provided and maintained a gross leasable floor area for all floor minimum of 0.2 parking space per living unit area in excess of 1,000 square metres for residents, and 0.05 parking space per of gross leasable floor area living unit for visitors • all other uses 4.5 spaces / 100 square metres of gross leasable floor area for the first 1,000 square metres of gross leasable floor area and 2.5 spaces / 100 square metres of gross leasable floor area for all floor area in excess of 1,000 square metres of gross leasable floor area 3.8 By-law to be forwarded to Council Two draft by-laws are included as Appendix I and Appendix II to this report which implement Staffs recommendation. It is recommended that the attached by-laws be forwarded to Council for enactment. 4.0 Applicant's Comments The applicant is aware of the contents of this report and concurs with the recommendations of the report. APPENDICES: Appendix I: Draft Amendment to By-law 6365/04 Appendix II: Draft Amendment to By-law 6007/02 Attachments: 1. Location Map 2. Text of Information Report 3. Minutes from April 6, 2008 Statutory Public Meeting 4. Comments from Durham Region Planning Department, dated April 15, 2009 5. Schedules "I" and 11" By-law 6365/04 6. Schedule "I" By-law 6007/02 Report PD 24-09 September 8, 2009 Subject: Pine Ridge Management Inc. & 1331301 Ontario Inc. Page 8 17 Prepared By: Approved / Endorsed By: Isa James M IP, RPP Neil Carr X-m P, RPP Planner II Director, nning & Development Lynda Taylor, MCIP, RPP Manager, Development eview Uld Copy: Chief Administrative Officer (Acting) Chief Administrative Officer Recommended for the consideration of Pickering City Council ~ CA-6 Thomas . Q 'nn, RD R., CMM Chief Admi strative Officer $ APPENDIX I,TO REPORT PD 24-09 DRAFT ZONING BY-LAW AMENDMENT APPLICATION A 10/09 (By-law 6365104) 19 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. xxxx/09 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 1346/81 and 6365/04, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 21, Concession 1, in the City of Pickering. (A 10/09) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to amend the existing zoning of the subject lands to an "RH/MU-1" zone, in order to permit the addition of day nursery, multiple dwelling vertical, nursing home, and retirement home uses on the subject lands, being Part of Lot 21, Concession 1, in the City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended by By-laws 1346/81 and 6365/04, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE AMENDMENT to By-law 1346/81 Schedule I to By-law 1346/81 is hereby amended by removing the reference to zoning category "MU-19" and By-law number 6365/04. 2. TEXT AMENDMENT to By-law 6365104 (1) Section 2. - AREA RESTRICTED of By-law 6365/04 is hereby amended by removing zoning category "MU-19" and inserting "RH/MU-1" as follows: The provisions of this By-law shall apply to those lands in Part of Lot 21, Concession 1, in the City of Pickering, designated "RH/MU-1" on Schedule "I" attached to this By-law. (2) Section 4. - DEFINITIONS of By-law 6365/04 is hereby amended by adding the following definitions and re-alphabetizing and re-numbering the subsections (1) to (14): (3) "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; Page 2 By-law No. xxxx/09 4fr 20 - (8) "Multiple Dwelling - Vertical shall mean a building containing three or more dwelling units attached horizontally and vertically by an above-grade wall or walls, or an above-grade floor or floors, or both; (9) "Nursing Home" shall mean a building or part of a building where people are lodged, fed, cared and provided for, and may be aided in any or all daily activities, and may include the provision of nursing services, medical care or treatment, and ancillary administrative offices, which is operated by a private, public, religious, cultural or charitable organization, and which is duly licensed pursuant to the laws of the Province of Ontario; (14) "Retirement Home" shall mean a residence providing accommodation primarily for retired persons or couples where each private bedroom or living unit has separate entrance from a common hall, where common facilities for the preparation and consumption of food are provided and common lounges, recreation rooms,' medical care facilities and ancillary administrative offices may also be provided. (4) Subsection 5.(1) is hereby amended by changing the zone category from "MU-19" to "RH/MU-1" , adding uses and re-alphabetizing and re- numbering the uses (a) to (i) as follows: (1) Uses Permitted (RH/MU-1" Zone) No person shall within the-lands zoned "RH/MU-1" on Schedule I attached to this By-law use any lot or erect, alter or use any building for any purpose except the following: (a) business office (b) day nursery (c) financial institution (d) multiple dwelling - vertical (e) nursing home (f) personal service shop (g) professional office (h) restaurant - Type A (i) retail store j) retirement home (5) Subsection 5.(2) is hereby amended by changing the zone category from "MU-19" to "RH/MU-1" as follows: (2) Zone Requirements ("RH/MU-1" Zone) Page 3 By-law No. xxxx/09 4qv 21 No person shall within the lands zoned "RH/MU-1" on Schedule I attached to this By-law use any lot or erect, alter or use any building except in accordance with the following provisions: (6) Paragraph 5.(2)(a)(ii)B is hereby amended by changing the maximum height from 6 storeys to 8 storeys as follows: B Within the building envelope, but beyond clause A above: - maximum 27.0 metres (8 storeys); (7) Clause 5.(b) PARKING REQUIREMENTS is hereby amended by adding use -specific parking provisions for multiple dwelling - vertical, nursing home and retirement home uses as follows: (ii) For multiple dwelling-vertical, there shall be provided and maintained a minimum of 1.2 parking spaces per dwelling unit for residents, and 0.3 of a parking space per dwelling unit for visitors. Parking spaces shall be provided at grade, in a below- grade structure, or both; (iii) For nursing home and retirement home uses, there shall be provided and maintained a minimum of 0.2 parking spaces per living unit for residents, and 0.05 of a parking space per living unit for visitors. Parking spaces shall be provided at grade, in a below grade structure or both; and by re-numbering subclauses (ii) to (iv) as (iv, (v) and (vi); 3. SCHEDULE AMENDMENT to By-law 6365/04 Schedule "I" to By-law 6365/04, is hereby amended by changing the current "MU- 19" zoning category to "RH/MU-1" 4. BY-LAW 3036 By-law 3036, as amended by By-law 6365/04 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Sections 2 and 3 above. 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. xxxx/09 Page 4 22 -5. 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 xx, 2009. A David Ryan, Mayor i I Debi A. Wilcox, City Clerk 23 APPENDIX II TO REPORT PD 24-09 DRAFT ZONING BY-LAW AMENDMENT APPLICATION A 10109 (By-law 6007/02) THE CORPORATION OF THE CITY OF PICKERING 24 BY-LAW NO. xxxx/09 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6007/02, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 21, Concession 1, in the City of Pickering. (A 10/09) 1 WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to amend the existing zoning of the subject lands to an "RH/MU-3" zone, in order to permit the addition of day nursery, muliple dwelling vertical, nursing home, personal service shop, and retirement home uses on the subject lands, being Part of Lot 20, Concession 1, in the City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended by By-law 6007/02, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Section 2. - AREA RESTRICTED of By-law 6007/02 is hereby amended by removing zoning category "CO" and inserting "RH/MU-3" as follows: The provisions of this By-law shall apply to those lands in Part of Lot 20, Concession 1 (Part 1, Plan 40R-12401) in the City of Pickering, categorized "RH/MU-3" on Schedule "I" attached to this By-law. (2) Section 4. - DEFINITIONS of By-law 6007/02 is hereby amended by adding the following definitions and re-alphabetizing and re-numbering the subsections (1) to (11)- (2) "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of the Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; (6) "Multiple Dwelling - Vertical" shall mean a building containing three or more dwelling units attached horizontally and vertically by an above-grade wall or walls, or an above-grade floor or floors, or both; (7) "Nursing Home" shall mean a building or part of a building where people are lodged, fed, cared and provided for, and may be aided in any or all daily activities, and may include the provision of nursing services, medical care.or treatment, and ancillary administrative offices, which is operated by a private, public, religious, cultural or charitable organization, and which is duly licensed pursuant to the laws of the Province of Ontario; By-law No. xxxx/09 Page 2 (8) "Personal Service Shop" shall mean an establishment in which.a 25 personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in the Municipal Act, R.S.O 1980, chapter 302, as amended from time to time, or any successor thereto; (10) "Retirement Home" shall mean a residence providing accommodation primarily for retired persons or couples where each private bedroom or living unit has separate entrance from a common hall, where common facilities for the preparation and consumption of food are provided and common lounges, recreation rooms, medical care facilities and ancillary administrative offices may also be provided. (3) Subsection 5.(1) is hereby amended by changing the zone category from "CO" to "RH/MU-3" , adding uses and re-alphabetizing and re-numbering the uses (a) to (g) as follows: (1) Uses Permitted (RH/MU-3" Zone) No person shall within the lands zoned "RH/MU-3" on Schedule I attached to this By-law use any lot or erect, alter or use any building except the following: (a) business office (b) day nursery (c) multiple dwelling - vertical (d) nursing home (e) personal service shop (f) professional office (g) retirement home (4) Subsection 5.(2) is hereby amended by changing the zone category from "CO" to "RH/MU-3" as follows: (2) Zone Requirements ("RH/MU-3" Zone) No person shall within the lands zoned "RH/MU-3" on Schedule I attached to this By-law use any lot or erect, alter or use any building except in accordance with the following provisions: (5) Paragraph 5.(2)(b)(ii) is hereby amended by changing the maximum height from 18 metres to 27 metres (8 storeys) as follows: (b) BUILDING HEIGHT: (ii) maximum 27 metres (8 storeys). By-law No. xxxx/09 )rr Page 3 26(l) Clause 5.(d) PARKING REQUIREMENTS is hereby amended by adding use -specific parking provisions for multiple dwelling - vertical, nursing home and retirement home uses, modifying the existing provisions and re- numbering the provisions (i) to (iv) as follows: A There shall be provided and maintained on the lot a minimum of: (1) 1.2 parking spaces per dwelling unit for residents, and 0.3 of a parking space per dwelling unit for visitors for multiple dwelling-vertical uses. Parking spaces shall be provided at grade, in a below-.grade structure, or both; (11) 0.2 parking spaces per living unit for residents, and 0.05 of a parking space per living unit for visitors for nursing home and retirement home uses. Parking spaces shall be provided at grade, in a below grade structure or both; (III) 4.5 parking spaces per 100 square metres of gross leasable floor area for the first 1,000 square metres of gross leasable floor area, and; (IV) 2.5 parking spaces per 100 square metres of gross leasable floor area for all floor area in excess of 1,000 square metres. B Clauses 5.21.2 a) and 5.21.2 b) of By-law 3036, as amended, shall not apply to the lands categorized as "RH/MU-3" on Schedule I attached hereto; C Despite Clauses 5.21.2 g) and 5.21.2 k) of By-law 3036, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof. . 2. SCHEDULE AMENDMENT Schedule "I° to By-law 6007/02, is hereby amended by changing the current "CO" zoning category to "RH/MU-3" 3. BY-LAW 3036 By-law 3036, as amended by By-law 6007/02 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Sections 1 and 2 above. 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. xxxx/09 Page 4 27 4. 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 xx, 2009. i David Ryan, Mayor Debi A. Wilcox, City Clerk ATTACH MENT#. t ._TO REPORT# PD' v::0 9 28 - a 0 ELpPO PICKERING NpRjN RECREATION P~NPpE COMPLEX ES ESPLANAD 4 ~\~GS~O c~F.ti9 THE PICKERING CIVIC COMPLEX PARK p~Ef ENBAKER COURT y AND ENTRAL LIBRARY SOUSN ~NPaE ESP ' J J Q 1 o P1pKER~Np D ' PPRKWPY 1525 PICKER►NG ERING 1450 PICKERING PARKWAY P~cK PARKWAY 4,01 HMS"'- ~ N1GNw P'1 ALLIANCE UUQ W . ART m THOMPSON ARENA GO TRANSIT o STATION Q N -Tr City of Pickering Planning & Development Department PROPERTY DESCRIPTION 401-11 Pr. SLK.1 NOW 408-10496, PT. 4 - 9, 16 i 16, 40R4*-A , PART 1 TO10.45,16 (1160 PICKERING PKWY.) . CONCESSION / PT. LOT20 NOW 40R-12401 PART? (1526 PICKERINO PKWY.) - OWNER 1331301 ONTARIO INC. $ PINE RDIGE MANAGEMENT INC. DATE MARS, 2009 DRAWN BY JB FILE No. A10/09 SCALE 1:5000 CHECKED BY IJ N 'w 111- 5 awe Of ."..y. PN-9 I ATTACHMENT#-a-TO REPORT# PI) 29 City o0 I^ I _ I PI KERING INFORMATION REPORT NO. 06-09 FOR PUBLIC INFORMATION MEETING OF April 6, 2009 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment - A 10/09 Pine Ridge Management Inc. and 1331301 Ontario Inc. 1450 and 1525 Pickering Parkway (Part of Lot 20, Concession 1) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION the subject properties are located on Pickering Parkway to the east of the Pickering Town Centre (see Attachment #1); 1450 Pickering Parkway, including an unopened portion of Pickering Parkway Road allowance, is approximately 0.62 hectares while 1525 Pickering Parkway is approximately 0.51 hectares; 1450 Pickering Parkway is currently vacant; - 1525 Pickering Parkway is currently occupied by a temporary Chartwell REIT Senior's Residence sales trailer and gravel parking lot; - the surrounding land uses for 1450 Pickering Parkway are: north - 5 storey apartment type residential buildings; south - Pickering Parkway and Highway 401; west - Glenanna Road and the Pickering Town Centre; east - Pickering Parkway and a 3 storey office building; - The surrounding land uses for 1525 Pickering Parkway are: north - Pickering Parkway and 3 storey condominium townhouses; south Highway 401; west - a 4 storey office building; east - a multi-unit one and two storey self-service storage facility. ATTACHMENT#...~.®..~-TO Information Report No. 06-09 REPORT# PC Page 2 30 2.0 APPLICANT'S PROPOSAL - the applicant has requested to amend the zoning by-law to add residential (multiple dwelling-horizontal and multiple dwelling-vertical) and institutional (day nursery, nursing home, and retirement home) uses and modify the mix of specific commercial uses (business office, convenience store, professional service shop and professional office) to the currently permitted commercial uses; the proposed uses match the uses permitted on the lands located at the northeast corner of Valley Farm Road and Pickering Parkway known as the Chartwell REIT development; a conceptual site plan does not accompany this application. the applicant wishes to obtain flexibility to bring to market the products that achieve the Provincial, the City's and the owner's objectives. 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - the Regional Plan designates the subject properties Regional Centre; - Regional Centres are intended to be the main concentrations of urban activities, providing a fully integrated array of community, office, service and shopping, recreational and residential uses; - The Regional Centre in Pickering is recognized as an Urban Growth Centre and is to function as a dominant Centre within the Region, with specific emphasis on office, business and administrative services; - the proposal appears to comply with the Durham Regional Official Plan; 3.2 Pickering Official Plan - the City of Pickering Official Plan designates the subject property Mixed Use Area - Downtown Core within the Town Centre Neighbourhood; - the Mixed-Use Area policies and Town Centre Neighbourhood policies of the Plan encourage the highest mix and intensity of uses and activities in the City to be in this neighbourhood; - among other goals, the Downtown Core Urban Design Objectives for the area envision the area as supporting an increased intensity and mix of uses in the downtown. - It further promotes the creation of street-related mixed use buildings along Pickering Parkway and identifies Pickering Parkway as an important commercial and employment spine through the downtown; - the proposal complies with the Pickering Official Plan; 3.3 Zoning By-law 3036 - 1450 Pickering Parkway is currently zoned "MU-19" Mixed Use Zone; - 1525 Pickering Parkway is currently zoned "CO" Commercial Office Zone; Information Report No. 06-09 ATTACHMENT ._._...~..._TO Page 3 REPORT# PD 2 V- O 31 both zones require amendment to permit residential, institutional and modifications to the commercial uses requested by the applicant. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments none received to date; 4.2 Agency Comments The Toronto and Region - the subject properties are not within Conservation Authority a TRCA regulated area or area of interest (see Attachment #2); 4.3 City Department Comments none received to date; 4.4 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • finalizing the conveyance of the unopened portion of the Pickering Parkway road allowance to the applicant for development in conjunction with 1450 Pickering Parkway; • reviewing the proposal to ensure no adverse impacts on the environment; • reviewing a phase 1 environmental assessment or submission of a record of site condition; • ensuring that the proposed development is compatible with and sensitive to existing surrounding development, including traffic, noise, level of activity, scale and intensity of the uses; • reviewing the application in terms of its level of sustainable development components; • reviewing the application in terms of the constraints and benefits the proposed use will have on both the subject property and on the surrounding community, given the function of the surrounding community; • reviewing that adequate information has been provided, that technical requirements are met and that the proposed development is appropriate at this location. 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; ATTACHMENT# Information Report No.. 06-09 REPOI;T# PD- `a Page 4 32 - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 OTHER INFORMATION 6.1 Appendix No. I • List of neighbourhood residents, community associations, agencies and City Departments that have comments on the applications at the time of writing report; 6.2 Information Received • A one page statement outlining the objectives of the application in pursuing this zoning by-law amendment is available for viewing at the offices of the City of Pickering Planning & Development Department; 6.2 Company Principal - the owners of the subject properties are Pine Ridge Management Inc. and 1331301 Ontario Inc.; - Robert Oldman of.Pine Ridge Properties Inc. is the applicant. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Isa James Lynda Taylor, MCIP, RPP Planner II Manager, Development Review IJ:jf Attachments Copy: Director, Planning & Development ATTACHNIENT# ? TO REPORT# P0. "D Excerpts from City Planning & Development 33 Committee Meeting Minutes Monday, April 6, 2009 7:30 pm - Council Chambers Chair: Councillor Littley 2. Zoning By-law Amendment -A 10/09 Pine Ridge Management Inc. and 1331301 Ontario Inc. 1450 and 1525 Pickering Parkway (Part of Lot 20, Concession 1) City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. 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 the 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. Lynda Taylor, Manager, Development Review, gave an overview of zoning amendment application A 10/09. No members of the public in attendance at the public information meeting spoke in support or opposition to zoning amendment application A 10/09. 1 3 4 ATTACHMENT# TO REPORT# PD= April 15, 2009 'Al Isa James, Planner II Planning -Development Review City of Pickering . One The Esplanade Pickering, Ontario The Regional. L1V 6K7 Municipality of Durham . Ms. James: Planning Department .605 ROSSLAND ROAD E . Re: Zoning Amendment Application A10/09 41" FLOOR Applicant: Pine Ridge Management Inc. / 1331301 Ontario Inc. Po Box 623 Location: 1450-& 1525 •Pickering Parkway, WHITBY ON LiN 6A3 CANADA Part of Lots 20 & 21, Concession 1 905-668-7711 Municipality: City of Pickering Fax: 905-666-6208 E-mail: planning@ We have reviewed this application to amend the zoning on the above noted region.durham.on.ca property. The following comments are offered for your consideration. www.reg ion.durham:on.ca A.L f;eorgieff, MiP.ApP The purpose of the application is to amend the.zoning on the subject lands to Commissioner of Planning permit the establishment of residential uses and institutional uses, and modify the mix of specific commercial uses to the currently permitted commercial uses. The . subject lands are currently zoned MU-19 (Mixed Use) and CO (Commercial Office). Regional Official Plan The subject lands are designated 'Regional Centre' in the Durham Regional Official Plan. Regional Centres shall-be the main concentrations of urban activities, providing a fully integrated array of community, office, service and shopping, recreational and residential uses. Further, Downtown Pickering is recognized as'an 'Urban Growth Centre' in accordance with the Growth Plan for the Greater Golden Horseshoe, and shall function as, the dominant Centre within the Region, with specific emphasis on office, business and administrative services. This proposal is in conformity to the Regional Official Plan. Provincial Policies & Delegated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. Growth Plan for the Greater Golden Horseshoe The subject lands are within a "Urban Growth Area" of the Growth Plan (GP), as delineated in the Size and Location of Urban Growth Centres in the greater Golden Horseshoe paper issued on November 2008. Section 2.2.4.4 of the GP directs Urban Growth Centres to be planned: "service E.xcgience for pur Comrnurllffes" ~Q► 1009E Post Consumer i ATTACWIVI€NU To REPORT# PB a) as focal areas for investment in institutionaland region-wide public services, as well as commercial, recreational, cultural and entertainment uses; b) to accommodate and.support major transit infrastructure; c) to serve as high density major employment centres that will attract provincially, nationally or internationally significant employment uses; and d) to accommodate a significant share of population and employment growth. .Further, section 2.2.4.5 stipulates Downtown Pickering to achieve,,by 2031 or earlier, a minimum gross density target of 200 residents and jobs combined per hectare . There are no other matters of provincial plan interest applicable to this application. Servicing. The subject lands can be serviced from the-existing municipal water supply system and- sanitary sewerage system. on Pickering Parkway. There is an existing sanitary sewer and watermain:fhat bisects the property municipally known as 1450 Pickering Parkway. These services were originally constructed in the old Pickering Parkway right-of-way that was later realigned for the Pickering Town Centre expansion. Consequently, the old right-of-way was:. deemed surplus and will be sold to the applicant. Asa condition of the sale and transfer of the old: Pickering Parkway right-of .way; easements will be.conveyed to the.' Region for the sanitary sewer and watermain. Regional Works Department will provide detailed comments with the submission, of a site, plan application. Durham Region Transit The proposal does not present any significant Durham Region, Transit impacts. Please contact me should you have any questions. or require any additional information regarding this matter. 4 enry Tang; Planner Current Planning cc: Regional Works Department.- Pete.Castellan Durham Region Transit - Phil T. J. Meagher „ , 3 6 ATTACHMENT# TO j REPORT# PD ' D 9 BLOCK 13. 40M-1231 BLOCK 14- 40M-1 231 F MU-10 2 .F 03 O ry~o o ~P C, Q~ T , N SCHEDULE I TO BY-LAW ss65/04 PASSED THIS 20 DAY OF September 2004 MAYOR CLERK F _ ATTACHMENT# TO 3 7 REPORT# PD BLOCK 13 40M-1231 BLOCK 14 40M-1231 ~ Q- \ I X00' ;yp~tc P - - -.BUILDING ENVELOPE. ~G ® BUILD-TO-ZONE Q LANDS AFFECTED. BY THIS BY-LAW N. SCHEDULE. II TO BY-LAW FsF5~o4 PASSED THIS 20 . DAY OF- Sep tanber 2004 MAYOR . CLE - I i 6 ATTACHMENT REPORTS PO `f'o ry W# 38 .Om 3.0m-1 co \ PART 1, 40R-12401 3.Om 1 14.0m . ~P C~ )IN N SCHEDULE I TO BY-LAW 6007/02 PASSED THIS 29th DAY OF Ju1Y 2002 G • MAYOR CLE K i Citq v¢1 REPORT TO PLANNING & DEVELOPMENT I KERI COMMITTEE Report Number: PD 26-09 Date: October 5, 2009 From: Neil Carroll Director, Planning & Development Subject: Continuation of Urban Design Consulting Services - Downtown Pickering & Pickering Growth Strategy Program Recommendation: 1. That Report PD 26-09 of the Director, Planning & Development respecting urban design consulting services be received; 2. That the Director, Planning & Development and the Office of Sustainability be authorized to continue with the services of Young & Wright / IBI Group to act as the City's urban design consultants on the: . a) Downtown Pickering program to an upset limit of $50,000 using professional and consultative service funds approved by Council in the 2009 Planning & Development Department budget; b) Downtown Pickering program for 2010 to a limit to be determined through the Planning & Development Department budget approval process; c) Pickering Growth Strategy program to an upset limit of $65,000 using professional and consultative service funds approved by Council in the 2008/2009 Planning & Development Department budgets; and 3. Further, that the appropriate City officials be authorized to take the necessary action to give effect hereto. Executive Summary: In August 2007, through the City's regular Request for Proposals process, the City hired Young & Wright Architects (Y+W) as the City's urban design consultants for the Downtown Pickering program. Young & Wright Architects have since merged with the IBI Group, now referred to as Young & Wright/1131 Group (Y+W/IBI). In July 2008, Council authorized the continuance of the services of Y&W/IBI for additional urban design and consultative services. A portion of that 2008 budget allocation was carried over to 2009. This allowed Y&W/IBI to provide urban design consulting services and assistance to the end of September 2009. Staff have been extremely pleased with the work completed to date by Y+W/IBI, and recommend the continued use of this firm for the remainder of 2009 to an upset limit of $50,000, in accordance with the 2009 approved budget. Report PD 26-09 October 5,2009 Subject: Urban Design Consulting Services - Young + Wright/1131 Group Page 2 49 Staff anticipates completing the necessary preparatory visioning and urban design concepts in 2010, at which time a public Downtown Pickering program would be formally launched. Staff recommend the continued use of Y+W/1131 in 2010 to complete any outstanding work associated with the Downtown Pickering program, after which a new Request for Proposal process would be'initiated to secure any future urban design consultative services required by the City. Further, in support of the City's Official Plan review and Provincial "Places to Grow" conformity exercise, the Planning & Development Department is launching a Pickering Growth Strategy program and review. To support this initiative over the next few months, urban design and transportation consultative expertise is needed. Staff recommends the use of Y+W/1131 to complete the urban design component of the program, to an upset limit of $65,000 using professional and consultative service funds already approved by Council in the 2008/2009 Department budget. Y+W/I131's extensive knowledge of planned projects and City development and sustainability objectives qualifies them to complete the remaining downtown and intensification consultative work in the most timely, efficient and desirable manner. Financial Implications: The approved 2009 budget includes an allocation of $50,000 for urban design work, vision workshops and community consultation for Downtown Pickering (Planning & Development, Professional and Consultation account 2611-2392). The approved 2008/2009 budgets also includes approximately $193,000 for work associated with the Pickering Official Plan Review (of which the recommended upset limit of $65,000 for urban design and transportation consultative services by Y+W/1131 would be paid from the Planning & Development, Professional and Consultation account 2611- 2392). Sustainability Implications: Not applicable Background: In August 2007, the City engaged the consulting services of Y+W/1131 through the City's Request for Proposal's process to undertake urban design work in relation to our Downtown Pickering program. In July 2008, Council authorized the extended use of this firm to support our continued review of the downtown. The 2008 upset limit for that work was $70,000. Some of these funds were carried over into this year, allowing the consulting assignment to continue to the end of September 2009. Y&W/1131 have completed a number of downtown projects for the City to date, including: • preliminary design concepts for the Ministry of Transportation property at Highway 401 and Liverpool Road; • preliminary concept plans for the Civic Precinct, including research and advice for a performing arts centre; • preliminary urban design objectives and concepts for the "Downtown South" area (including the Pickering GO Station); Report PD 26-09 October 5, 2009 Subject: Urban Design Consulting Services - Young + Wright/IBI Group Page 3 41 • urban design advice and input for the Pickering Pedestrian Bridge and emerging "Mobility Hub"; • the construction of a downtown 3D model through public consultation and input; and • urban design coordination and advice for the planned PTC office tower. They have also attended various meetings, presentations and events, including Sustainable Pickering Day, and have completed significant background research, photographic inventories and design sketches. They have also provided ongoing urban design advice and input on various planning projects and applications. Staff anticipates that the remaining Downtown Pickering program work could be completed by Y+W/IBI early in 2010. Outstanding work to be completed includes: • the development of preliminary concept plans for Liverpool/Kingston Roads; • Pickering Parkway; • detailed design advice for bridge and GO Transit station redevelopment and parking structure; • urban design advice for downtown development projects currently under review; and • the integration of completed preliminary concept plans and input from the public and stakeholders to complete a Downtown Pickering Vision Concept Plan. Following this work, it is anticipated that a public Downtown Pickering program could be launched in 2010, including a multi-year Downtown Pickering work program for Council's consideration. As funds allocated within the 2008 purchase order are now essentially exhausted, it is necessary to establish a new purchase order with Y+W/IBI. To continue this work the City's purchasing policy requires that three formal written quotations be solicited for consulting services of this magnitude. However, staff is extremely pleased with the work of Y+W/IBI and wishes to secure their services for the Downtown Pickering program in 2009 and 2010. The firm is highly qualified and extremely well respected in the building and development industry. The firm is also very well-aligned with the City's sustainable development goals and objectives, has an excellent understanding of our downtown area and is currently engaged by the City in downtown urban design work.' The firm's greatly enhanced transportation expertise further serves the City's current consultative needs. Consequently, it is recommended that Council authorize the continued use of Y&W/IBI in 2009 and 2010 for. urban design and transportation consultative work associated with the Downtown Pickering program. Any future urban design or transportation consultative services required by the City beyond 2010 for the Downtown Pickering program would be solicited through a new Request for Proposal process. Report PD 26-09 October 5, 2009 Subject: Urban Design Consulting Services - Young + Wright/1131 Group Page 4 42 In support of the City's Official Plan review and Provincial "Places to Grow" conformity exercise, the Planning & Development Department has initiated a Growth Strategy program. A component of the strategy includes accommodating.an intensification target of 40% of all residential development in the City's built-up area, including downtown and major transportation corridors. The Downtown intensification work that has already been completed or is to be commenced this year is integral to the City's intensification strategy. Thus, significant efficiencies in start up time and elimination of duplication of effort would be achieved by the City retaining the consultative services-of Y&W/IBI to complete the urban design component of the Growth Strategy program City wide. Staff has received an estimate of $65,000 from Y+W/IBI for the urban design component. of the Growth Strategy program that includes the following: • prepare illustrations, pictures, and images of residential and non-residential uses at higher densities at appropriate locations; • recommend appropriate residential density targets and FSI's (floor space indexes) for parcels with site constraints; • recommend appropriate building heights and FSI's for buildings abutting stable residential neighbourhoods; • review the appropriateness of higher building heights and FSI's for buildings at strategic intersections; • recommend related draft official plan policy to support intensification; and • attend two public open houses to display building and massing concepts. However, under the City's Purchasing Policy, the continuation of this consulting work requires that three formal written quotations be solicited for consultation services of the magnitude. In view of Y+W/IBI's involvement with the City's Downtown Intensification program, the high level of commonality of that work with the Growth Strategy program, and the high quality work delivered by Y+W/IBI to date, staff recommends that Y+W/IBI be contracted to complete the urban design component of the Growth Strategy program over 2009 and 2010, to an upset limit of $65,000 using professional and consultative service funds already approved by Council in the 2008/2009 Department budgets. This Report has been discussed with the Director, Corporate Services & Treasurer_ who concurs with the recommendations. i Report PD 26-09 October 5, 2009 Subject: Urban Design Consulting Services - Young + Wright/1131 Group Page 5 43 Prepared By: Approved/Endorsed By: Ron Taylor Thomas E. M lymu , MCIP, RPP Coordinator, City Development (Acting) Chie Ad inistrative Officer Grant McGregor, map, R' P N Carrol PP Principal Planner - Policy Director, Pla ning & Development RT:GM:ld Copy: Chief Administrative Officer Recommended for the con ideration of Pickering City Co it le 17 Th Z J. Quinn, R, C M I C ief Administrative Officer r CzrN O REPORT TO PLANNING & DEVELOPMENT COMMITTEE PICKERING Report Number: PD 27-09 44 Date: October 5, 2009 From: Neil Carroll Director, Planning & Development Subject: City Initiated Application Zoning By-law Amendment Application A 12/08 Dunbarton Village Zoning Review City of Pickering Recommendation: 1. That Report PD 27-09 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 12/08 be approved to rezone certain lands in Dunbarton Village to recognize existing legal non-conforming uses and to establish a range of permitted uses appropriate for this Village environment; and 3. Further, that the draft zoning by-law to implement. Zoning By-law Amendment Application A 12/08, as set out in Appendix I to Report PD 27-09, be forwarded to City Council for enactment. Executive Summary: City Council authorized the review of the existing zoning for Dunbarton Village with the objective of addressing conflicting zoning designations within the Village and establishing a range of permitted uses appropriate for this Village environment. Currently, various properties in the Village that contain detached dwellings are zoned General Commercial - "C2" which permits a wide variety of commercial uses that would be incompatible with the village environment. Therefore, an investigation of a more suitable zoning was undertaken. The result is a City initiated zoning by-law amendment to change the zoning of certain properties in Dunbarton Village to recognize a residential land use base, while allowing opportunity for specific accessory uses that strengthen and enhance the historical village characteristics. The land uses provided in the recommended amending zoning by-law are compatible and appropriate for the Village and conform to the Pickering Official Plan. It is recommended that the by-law be forwarded to City Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the approval of an amending zoning by-law for Dunbarton Village. 0 Report PD 27-09 October 5, 2009 Subject: Dunbarton Village Zoning Review (A 12/08) Page 2 4u, Sustainability Implications: The staff recommendation to apply a zoning that will better preserve and support a stable village neighbourhood represents a sustainable approach for the use of the subject lands that is reflective of current community character and supportive of neighbourhood stability. Background: 1.0 Introduction Pickering City Council directed the Planning & Development Department to undertake a review of the appropriateness of the zoning in the Dunbarton Village area. Dunbarton Village properties currently have a variety of zoning and the majority of the properties were zoned with the adoption of the original Zoning By-law 3036 which was passed by Council and approved by the Ontario Municipal Board in 1966. Certain properties that are used as detached dwellings, were and are still zoned General Commercial - "C2 This zoning permits a wide variety of commercial uses including retail store, restaurant, office, automobile service station, taxicab stand, clinic, hotel and other commercial uses, and one of the properties still holds an agricultural zoning. These zones have the potential to cause land use conflicts and a more appropriate zoning should be established for these properties that better protects and preserves the Village character (see Attachment #1 - Location Map, which shows the existing zoning and house numbers). 2.0 Comments Received 2.1 At the July 7, 2008 Public Information Meeting (see text of Information Report & Meeting Minutes, Attachments #2 & #3) Five residents spoke at the Public Meeting and provided mixed opinions on the proposed application. Opinions on the impact of any zoning change on property values was expressed. Loss of the commercial use rights was a concern. The opinion was expressed that the entire village area should be exclusively residentially zoned. 2.2 Written Public Submissions on the application Written submissions were received from six neighbouring landowners expressing concerns similar to those voiced at the Public Information Meeting (see Attachments #4 to #9). One resident provided an opinion on the zoning for 1019 Dunbarton Road, that there should be special consideration for this property given its history as a general store and the fact the building has been used for multi-dwelling unit purposes for years. Report PD 27-09 October 5, 2009 Subject: Dunbarton Village Zoning Review (A 12/08) Page 3 46 The owner of 1019 Dunbarton Road requested that the property be given special consideration in the amending zoning by-law. The request is that the property retain a commercial zoning and recognize the existing dwelling units in the building. It was noted that this building was originally designed and built as a commercial building, general store, and therefore is unique in the area. Correspondence was received in support of the overall proposed zoning change and requesting that the definition in the by-law for `accessory business use' be tightened to prevent misuse. It was noted that any accessory business use should not permit industrial uses or commercial outdoor sales and storage. 2.3 City Department and Agency Comments Region of Durham - the subject lands are designated Living Areas in the Planning Department Durham Region Official Plan and the proposed zoning is permitted by the policies of the Durham Region Official Plan; - municipal water supply and sanitary sewer services are available, however the watermain on Dunchurch Road will eventually need to be replaced; and, - the application has been screened in accordance with Provincial Interests and Delegated Review and there are no provincial interests applicable to the application (see Attachment #10); Toronto Region - advises that 1019 Dunbarton Road contains valley Conservation land of the Dunbarton Creek and request the valley Authority land be placed in an environmental/open space zone (see Attachment #11). No other agency that provided comment has any objection to the subject application. 3.0 Discussion 3.1 The Proposed Uses Comply with the Regional Official Plan and the City's Official Plan The Pickering Official Plan designates the subject lands as Urban Residential Area - Low Density Area. Permissible uses within the Urban Residential Area - Low Density Area designation include, among others, residential uses and home occupations. The subject lands are within the Dunbarton Neighbourhood of the Official Plan. Official Plan policy 11.9 (b) states: i Report PD 27-09 October 5, 2009 Subject: Dunbarton Village Zoning Review (A 12/08) Page 4 47 11.9 (b) encourage opportunities to rejuvenate the historical Village of Dunbarton, including considering permitting the introduction of small scale enterprises on suitable sites, provided the historical character of the area and the interests of neighbourhood residents are respected, and considering undertaking a Community Improvement Plan or Project in accordance with section 15.32 of this Plan" The protection of the past requires appropriate planning tools, such as zoning, to ensure the preservation of existing village characteristics while allowing enhancements of the area's special characteristics. It is recognized that the Planning Act does not specifically address community identity and heritage matters as well as the Heritage Act, however, it does afford certain protection on the built form and uses of a neighbourhood. While the zoning by-law cannot manage the architectural details, it can control the overall spatial pattern of the area. This zoning review is a scoped review to address incompatible activities that may affect achieving the Official Plan vision. The review is not a comprehensive development review and is not intended to establish development guidelines, architectural controls or the establishment of a Community Improvement Area for the purpose of facilitating infrastructure funding. Heritage Pickering has included the 'Dunbarton Heritage Designation Study' in its work program which may result in a more comprehensive investigation related to heritage matters. With the proposed zoning, a greater degree of neighbourhood stability can be provided as there will be certainty and clarity in what land uses are permitted, the scale of allowable uses, and what conflicting land uses are no longer permitted. The proposed zoning includes new uses and provisions that foster the Village environment and character, and support new investment. 3.2 Public Consultation Process Through the public consultation process it appears that the majority of the neighbourhood supports the proposed zoning by-law amendment for the area. Two neighbourhood meetings were held in addition to a Public Information Centre and the Public Information Meeting. It appears that the majority of area residents were engaged by the consultation process and afforded ample opportunity to express their opinion on the zoning amendment. It is recognized that not all residents support the rezoning, however the proposed zoning is considered fair, equitable and appropriate for the area. Report PD 27-09 October 5, 2009 Subject: Dunbarton Village Zoning Review (A 12/08) Page 5 48 3.3 Consultants Recommendations generally being followed with Clarification to the Permitted Uses Numerous properties on. the south side of Dunbarton Road in the Village that are presently used as detached dwellings are zoned General Commercial - "C2". This zoning permits a wide variety of commercial uses including retail store, restaurant, office, automobile service station, taxicab stand, clinic, hotel and other commercial uses.'Additionally, one of the properties still holds an agricultural zoning. The purpose of the zoning investigation was to consider alternative zoning that would be more reflective of the current land use while respecting the Official Plan policy for the area to rejuvenate the historical village. The City's consultant, Peter Cheatlty of Macaulay, Shiomi, Howson Ltd., investigated the issues and made recommendations for the zoning of certain properties. The consultant recommended that a new zone be created that has `residential dwellings' as the primary use and which permits domestic business and bed and breakfast establishments as accessory uses. This proposed zoning was presented at the Public Information Meeting on July 7, 2008. At the Public Information Meeting and in subsequent correspondence, opinions have been expressed by area residents that the definition of domestic business should be. carefully considered to ensure that inappropriate uses will not be allowed. The domestic business definition proposed by the consultant was based on the definition used in the Village of Whitevale zoning. The original draft definition was proposed as follows:. Domestic Business - Type A shall mean an antique store, an arts and crafts shop, a book store, a business office, a clothing boutique, a custom workshop, a professional office, a tea room or a specialty.home furnishing shop, which is: (a) operated from a detached dwelling on the lot, or a building or structure accessory to the detached dwelling on the lot; (b) managed, directed or conducted by one or more of the occupants of the detached dwelling on the lot; and, (c) occupies no more than 25% of the total gross floor area of the detached dwelling and any accessory building or structure on the lot. Staff considered the comments received at the public meeting and propose modifications to the definition of Domestic Business - Type A as follows: • delete the custom workshop and speciality home furnishing uses from the definition; • specifically prohibit a contactor yard and outdoor storage; • clarify that the professional office use excludes medical office; • clarify that if the property contains a Domestic Business - Type A, that an additional Home Base Business is not also permitted; • clarify that the maximum floor area for a Domestic Business - Type A be 90 square metres and that the use be restricted to the ground floor of the building. Report PD 27-09 October 5, 2009 Subject: Dunbarton Village Zoning Review (A 12/08) Page 6 9 These modifications to the definition of Domestic Business - Type A are necessary to ensure any accessory commercial use does not generate inappropriate noise, traffic or unsightly outdoor storage. As the definition has been revised the Domestic Business will be referenced as a Domestic Business - Type C within the implementing zoning By-law. Further, such uses are restricted to the south side of Dunbarton Road, within the proposed "S2=D6" and the "C2-DB° zones. 3.4 The Proposed Uses Offer a Limited and Appropriate Range of Uses that will Help Preserve the Character of Dunbarton Village With the removal of the "C2" - General Commercial Zone, the opportunity for a land owner to redevelop a property to a commercial built form will be eliminated. This will assist in the preservation of the existing built form in the Village. Further, any new development will be required to be in compliance with the residential performance standards that generally reflect the existing built form in the Village. The recommended zoning for the lands currently zoned commercial will eliminate the opportunity for an intensive commercial land use that would create land use conflicts with the existing residential uses. The recommended zoning would allow a limited commercial use in a portion of the ground floor of a residential dwelling, and operated by the occupant of the dwelling and thereby retaining residential characteristics of the property. While the zoning does allow for a variety of limited commercial activities to occur, considering the primary residential use of the buildings in the Village, staff does not anticipate that this new zoning will bring significant change to the area. Limited take-up of the new zoning is expected and the area is anticipated to remain almost exclusively residential for some time. The rezoning of 1062 Dunbarton Road (the lands currently zoned "A" - Agricultural) will also eliminate the potential for rural activities occurring in an urban setting, thus eliminating potential future land use conflicts. 3.5 The Zoning for the Property at 1019 Dunbarton Road is Reflective of the Historical use of the Property The property at 1019 Dunbarton Road is unique in the neighbourhood due to its history, design and uses. This property has been used for commercial uses in the past, and has for a long standing period contained multiple residential dwelling units in the building. Recognizing the unique attributes of this building and the history it provides to the village, it is proposed to be identified with a special zoning. The recommendation is to zone the property with a special commercial zone "C2-DB" that has similar permitted uses to the domestic business uses being recommended, without the floor space restrictions. The zoning will also allow the residential dwelling units as an exception to the commercial uses. Report PD 27-09 October 5, 2009 Subject: Dunbarton Village Zoning Review (A 12/08) Page 7 Further, this property is located next to Dunbarton Creek and a part of the property is proposed to be zoned "OS-HL" - Open Space Hazard Land. This zone is to recognize that part of the lot contains valley lands and development potential should be eliminated over this part of the lot. 3.6 The Zoning for Land Zoned "R3-DN" to Recognize Possible Intensification of the Property (1019 Dunbarton Road) The property at 1089 Dunbarton Road is currently zoned "R3-DN" that permits a detached dwelling and a day nursery use. This property is of significant size and has potential for intensification through future land severance. If a severance was ever approved, only one day nursery should continue to be permitted over the combined properties. It is therefore recommended that the zoning be clarified to state that only one day nursery is permitted on the lands zoned "R3-DN". This is considered a technical amendment, but it will serve to protect the Village from undue traffic impacts. 3.7 Only Zoning Change on the North Side of Dunbarton Road is the Replacement of the Agricultural Zone with the "S3-8" Residential Zone (1062 Dunbarton Road) On the north side of. Dunbarton Road within the village, no change is being recommended to the existing "S3-8" Residential Zone. This zone is reflective of the properties and their current uses. The "S3-8" Residential Zone is recommended to replace the "A" - Agricultural Zone on 1062 Dunbarton Road. This will allow for potential future intensification of the property through severance, that is in keeping with the character of the area. 3.8 The Potential for Land Use Conflict has been Reduced With the proposed zoning change, the uses currently permitted by the "C2" - General Commercial Zone that would create-land use conflicts with existing residential uses will be significantly reduced. The potential intensity of activities. has been notably lowered. Land use polices and zoning regulations can only address certain aspects of the built environment. Customer parking for any future permitted use is anticipated to occur both on-site on private property, and on-street. The amount of parking demand is not anticipated to be excessive as the proposed uses will not generate high customer numbers. The proposed zoning requires that any dwelling with a domestic business will require one additional parking space to be provided on the property. Report PD 27-09 October 5, 2009 Subject: Dunbarton Village Zoning Review (A 12/08) Page 8 51 APPENDIX: Appendix I: Draft Zoning By-law Attachments: 1. Location Map 2. Text of Information Report No. 13-08 3. Minutes from July 7, 2008 Statutory Public Meeting 4. Resident Comment - Harold & Phyllis Quinton 5. Resident Comment - Boyd Penny 6. Resident Comment - Marie Gillson 7. Resident Comment - Erwin Hoerdt and Gwen Broadmore 8. Resident Comment - Erwin Hoerdt and Gwen Broadmore. 9. Resident Comment - Helen Copland , 10. Agency Comments - Durham Region Planning Department 11. Agency Comments - TRCA Prepared By: Approved / Endorsed By: ~J Ross P MCIP, RPrevelopment Neil Carroll, RPP Principal Planner - Review Director, Planning & Development Lynda Taylor, MC RPP Manager, Development Review RP:ld Copy: Chief Administrative Officer (Acting) Chief Administrative Officer . Recommended for the consideration Pickering City it a. ,Q z / d o as J. n, "R., ,Xrt Chief Administrative Officer APPENDIX I TO 5 2 Report PD 27-09 i DRAFT ZONING BY-LAW AMENDMENT APPLICATION A 12/08 53 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering Planning Area, Region of Durham in the former Dunbarton Village. (Al 2/08) WHEREAS the Council of the Corporation of the.City of Pickering deems it desirable to regularize the zoning of the former Dunbarton Village; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULEI Schedule I attached hereto 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 Part of Lot 25, Concession 1, Pickering designated "C2-DB", "S2-DB", "S3-8" "R3-DN" and "OS-HL", on Schedule I attached here to. 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) "Bed and Breakfast Establishment" shall mean an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the traveling or vacationing public in, up to two guest rooms which is operated from a detached dwelling on the lot, or a building or structure accessory to the detached dwelling which is managed, directed or conducted by one or more of the occupants of the detached dwelling on the lot. -2- 54 PRAfi (2) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include, a data processing establishment, the premises of a real estate or insurance agent, but shall not include a retail store, or a contractors yard; (3) Contractors Yard shall mean the yard of any general contractor, builder or landscaper where equipment and material are stored or where a general contractor, builder or landscaper performs shop or assembly work or assembles material for offsite work; (4) Domestic Business - Type C shall mean an antique store, an arts and crafts shop, a book store, a business office, a clothing boutique, professional office-non medical, or a tea room, and shall not include a contractors yard, and which is: (a) operated from a detached dwelling on the lot, or a building or structure accessory to the detached dwelling on the lot; (b) managed, directed or conducted by one or more of the occupants of the detached dwelling on the lot; (5) (a) "Dwelling" 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) "Dwelling 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; (c) "Dwelling, Single or Single Dwelling" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; (e) "Dwelling, Semi-Detached or Semi-Detached Dwellinq" shall mean one of a pair of single dwellings, such dwellings being attached above grade by a common wall which extends from the base of the foundation to the roof line and for a horizontal distance of not less than 6.0 metres; (6) (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; 55 (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; (7) (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 Frontage" 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; (8) "Professional Office - Non-Medical" shall mean a building or part of a building in which legal or other professional service is performed or consultation given, and which may include the offices of an architect, a chartered accountant, an.engineer, or a lawyer, but shall not include the office of a physician or a body-rub parlour as defined by the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; (9) (a) "Private Garage" 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; (10) (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; -4- 56 .0)?WF7 (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; (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) "Flankage 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) "Flankage 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; Q) 'Interior Side Yard" shall mean a side yard other than a flankage side yard. 5. PROVISIONS ("S2-DB" Zone) (1) (a) Uses Permitted ("S2-DB" Zone) No person shall, within the lands zoned "S2-DB" on Schedule 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 (ii) semi detached dwelling residential use (iii) Domestic Business - Type C (iv) Bed and Breakfast Establishment (b) Zone Requirements ("S2-DB " Zone) No person shall within the lands designated "S2-DB" on Schedule I attached hereto use any lot or erect, alter. or use any building except in accordance with the following provisions: -5- O 57 (i) LOT AREA (minimum): A for detached dwellings: 350 square metres B for semi-detached dwellings: 175 square metres (ii) LOT FRONTAGE (minimum): A for detached dwellings: 12.0 metres B for semi detached dwellings: 6.0 metres (iii) FRONT YARD DEPTH: (minimum) 3.0 metres (maximum) 6.0 metres (iv) REAR YARD DEPTH (minimum): 7.5 metres (v) SIDE YARD WIDTH (minimum): A for detached dwellings 1.2 metres on one side and 0.6 metres on the other side B for semi detached dwellings: minimum 0.6 metres except that, (i) where dwellings are on abutting lots share a. common wall, no interior side yard shall be required adjacent to that wall on either lot; (ii) where dwellings on abutting lots share a common wall and one of those dwellings has an extension of that common wall that extends along the common interior side lot line, no interior side yard shall be required adjacent to the extension of that wall upon which that dwelling is located; or (iii) where dwellings on abutting lots share a common wall and one of those dwellings has an extension of that common wall that does not extend along the common interior side lot line, the following shall apply: -6- 58 minimum 0.6.metre interior s~ ide yard shall be provided adjacent to the extension of that wall on the lot upon which that dwelling is located if an abutting interior side yard is provided on the other lot. (vi) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (vii) BUILDING HEIGHT (maximum): 9.0 metres (viii) LOT COVERAGE (maximum): 40 percent for all buildings and structures (ix) PARKING REQUIREMENTS: A one additional parking space if a Domestic Business - Type C is operation from the lot, which space shall be located within the rear yard or side yard; B one parking space for each guest room associated with a Bed and Breakfast Establishment; (x) SPECIAL REGULATIONS: A despite the provisions of this by-law, any lot in the S2-DB zone, which existed on the date of passing of this by-law, and has insufficient lot area, parking, lot frontage, front, rear or side yards, or exceeds the permitted lot coverage .or building height, shall be deemed to comply with this by-law. Nothing in this bylaw shall prevent the erection of an addition to any such dwelling, provided the addition conforms to the provisions of this by-law. B A Domestic Business Type C; shall only be located on the ground floor of the dwelling or any accessory building or structure on the lot; shall not exceed 90 square metres gross leasable floor area and shall be limited'to only one Domestic Business - Type C use at any given time on a property and if a Domestic Business - Type C use is operating, a home base business is prohibited on the property. C a contractors yard is a prohibited use on any lot within the "S2-DB" zone; -7- 59 4) (xi) Uncovered steps and platform projection into rear yard (maximum): 1.5 metres for any uncovered steps and platform not exceeding 2.0 metres in height; (xii) OPEN STORAGE: All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display. 6. PROVISIONS ("C2-DB" Zone) (1) (a) Uses Permitted ("C2-DB" Zone) No person shall, within the lands zoned "C2-DB" 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) antique store; (ii) arts and crafts shop; (iii) book store; (iv) business office; (v) clothing boutique; (vi) professional office-non medical; (vii) tearoom; . (viii) Bed and Breakfast Establishment; (b) Zone Requirements ("C2-DB"Zone) No person shall within the lands designated "C2-DB" 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 (minimum): 12.0 metres (iii) FRONT YARD DEPTH (minimum): 3.0 metres (iv) REAR YARD DEPTH (minimum): 7.5 metres (v) SIDE YARD WIDTH (minimum): 1.2 metres, on one side, and 0.6 metres on the other side -8- 60 ?44v~ (vi) FLANKAGE SIDE YARD WIDTH '(minimum): 2.7 metres (vii) BUILDING HEIGHT (maximum): 9.0 metres (viii) SPECIAL REGULATIONS: A despite the provisions of this by-law, any lot in the "C2-DB" zone, which existed on the date of passing of this by-law, and has insufficient lot area, parking, lot frontage, front, rear or side yards, or exceeds the permitted lot coverage or building height, shall be deemed to comply with this by-law. Nothing in this bylaw shall prevent the erection of an addition to any such dwelling, provided the addition conforms to the provisions of this by-law; B a contractors yard is a prohibited use on any lot within the "C2-DB" zone; (ix) PARKING REQUIREMENTS: A one parking space for each guest room associated with a Bed and Breakfast Establishment; B there shall be provided on the lot a minimum of 4 parking spaces at all times, associated with all other uses within the "C2-DB" zone; (x). OPEN STORAGE: All uses, other than parking, shall take place entirely within enclosed' buildings or structures with no outside storage or display. (x) EXCEPTION Despite the uses permitted within Section 6,(1) (a) of this By-law, a maximum of four dwelling units may be permitted within a building or structure located within the "C2-DB" zone -9- 7. PROVISIONS ("S3-8" Zone) 61 Lands known as 1062 Dunbarton Road shall be zoned S3-8 as shown on Schedule I attached hereto and shall be subject to all of the provisions of that zone, as set out in By-law 3036, as amended by By-law 5342/98. 8. PROVISIONS ("R3-DN" Zone) The lands designated "R3-DN" on Schedule I attached hereto may be used for the purposes of one day nursery, in addition to the uses permitted within Section 9.1 of By-law 3036. 9. PROVISIONS ("OS-HL" Zone) (1) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-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; (c) pedestrian trails and walkways; (2) Zone Requirements ("OS-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. 10. REPEAL OF BY-LAWS Upon this By-law being in force and effect, the following By-laws are hereby repealed: By-law 6535/05 and By-law 1098/80 11. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. -10- h2 12. 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 , 2009. Dave Ryan, May8a- Debi A. Wilcox, Clerk 63 w z w Q OPO z 0 z G S3-8 OPO O O J~~P~~ ~OPo . O G~ y O ~y OS-HL C.N.R. N SCHEDULE I TO BY- PASSED THIS DAY OF 2009 too ATTACHMENT#_,I_,TO ~ilEPORT# PD (91- 02 64 W Q o w 0 in w J m ' Z ~ O Q IY ' m Z o OJO~~ l(C)-DN , 1066 > 1062 C2-2 , O 0 1089 , 8 v cP ° s 0\ R R3 % O O Pq-~O\~, 05, 1087 O 3? o > , 1- OJ 0 059 V' 0 0 v' G~ 0 OiGp 1 2 , C2 %loan O~/1O STUDY AR IIGHWAY 401 City of Pickering Planning & Development Department PROPERTY DESCRIPTION DUNBARTON VILLAGE .07\ OWNER VARIOUS DATE SEPT. 10 2009 DRAWN BY JB FILE No. VILLAGE ZONING SCALE N.T.S CHECKED BY RP )v oTeronetrcEnlerprises Inc. antl ile suppliers. All rights Reservetl. Not o pion of suey. - pN_7 2005 MPAC 01 tl its suppliers. All r. h[s Rese rvetl. No[ a plan of Survey. ATTACHMENT Q TO REPORT # PD_ o7 -09 65 Cie, o~ PICKERING INFORMATION REPORT NO. 13-08 FOR PUBLIC INFORMATION MEETING OF July 7, 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 12/08 Dunbarton Village Zoning Review City of Pickering 1.0 BACKGROUND - on November 19, 2007, Pickering City Council considered Planning & Development Report PD 32-07 respecting Dunbarton Village Zoning Review, and City Council, through Resolution #212/07, provided direction to staff to hire a consultant to undertake a work program to review the zoning for Dunbarton Village and to host a Public Information Meeting to consider a Zoning By-law amendment to address zoning within Dunbarton Village; lands within Dunbarton Village currently have a variety of zoning and the majority of the properties were zoned with the adoption of the original Zoning By-law 3036 which was passed by Council and approved by the Ontario Municipal Board in 1966; - certain properties that are used as detached dwellings, were and are still zoned General Commercial - "C-2", this zoning permits a wide variety of commercial uses including retail store, restaurant, office, automobile service station, taxicab stand, clinic, hotel and other commercial uses and one of the properties still holds an agricultural zoning; - concern with the existing commercial zoning for some properties was highlighted in the fall of 2006 with the submission of a Committee of Adjustment application P/CA 68/06 for 1047 Dunbarton Road, this application requested an extension of a legal non-conforming use and the establishment of a commercial and residential building on the property and was tabled by the Committee of Adjustment; concerns were expressed by neighbours respecting the appropriateness of the proposed land use, and the scope of uses permitted by existing zoning; ATTACHIMIENT # TO Information Report No. 13-08 REPORT # PD Page 2 66 a comprehensive zoning amendment for the area is now considered appropriate to ensure land use conflicts do not result given the majority of properties are used for detached dwellings; 1.1 STUDY AREA LOCATION AND DESCRIPTION - the subject properties are located along the north and south side of Dunbarton Road and the east and west side of Dunchurch Street in the Dunbarton Village area of the City of Pickering, a property location map is provided for reference (see Attachment #1); - the subject area represents the remaining portion of the former village of Dunbarton which was initially established in,the early 1800's; - the King's Highway, Highway #2, used to run through the village until the 1960's when Highway #2 (now Kingston Road) was moved south to its current location due to the construction of the CNR railway line; - some of the lots are still occupied with the original homes while other lots have been redeveloped over the years, - the Dunbarton-Fairport United Church anchors the eastern boundary of the study area and Dunbarton Creek is the western boundary (see Attachment #3 - Existing Zoning - Dunbarton Village map). 2.0 PUBLIC CONSULTATION - this application has been subject to a public consultation process and comments have been received on the zoning review; - two neighbourhood meetings have been held, the first on February 26, 2008 and a follow-up meeting on May 14, 2008; - the public comments that have been received all acknowledge the need to change the zoning of the area; - there was a range of opinions from the residents as to the extent of commercial uses that would be appropriate for the area; - some residents expressed the opinion that the area should be for only residential uses that would include a commercial component only by means of the home occupation provisions of the zoning by-law; - there was also the comment that very limited commercial may be considered by allowing tea rooms, professional offices or other discreet business; - some residents have also commented that the zoning should be very restrictive to residential uses only; - the community expressed a strong opposition to permitting a contractors yard/operation or similar uses; - prior to the formal public consultation commencing on this zoning review a Committee of Adjustment application precipitated the organization of a neighbourhood working group that prepared and submitted a discussion paper on the historical Village of Dunbarton in which certain residents expressed the opinion of the need to change the current "C2" zone to one that is more reflective of the current. residential uses of the area (see Attachment #3); - a Public Information Centre on this application is scheduled for June 23, 2008; ATTACHMENT #--2:-TO Information Report No. 13-08 REPORT # PD a7-o9 Page 3 67 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - the Durham Regional Official Plan designates the subject lands as within Urban Areas - Living Area; - the Durham Regional Official Plan states that Living Areas are intended to be predominantly used for housing purposes; - Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads; - in addition to housing purposes Living Areas may permit home occupation and convince stores which are compatible with their surrounding; - the proposal appears to conform to the Durham Regional Official Plan; 3.2 Pickering Official Plan - the Pickering Official Plan designates the subject lands as Urban Residential Area - Low Density Area; - permissible uses within the Urban Residential Area - Low Density Area designation include, among others, residential uses and home occupations; - the subject lands are within the Dunbarton Neighbourhood of the Official Plan; - the Dunbarton Neighbourhood contains Official Plan policy 11.9 (b) which states: 11.9 (b) encourage opportunities to rejuvenate the historical Village of Dunbarton, including considering permitting the introduction of small scale enterprises on suitable sites, provided the historical character of the area and the interests of neighbourhood residents are respected, and considering undertaking a Community Improvement Plan of Project in accordance with section 15.32 of this Plan" - Schedule II of the Pickering Official Plan Transportation Systems designates Dunbarton Road as a Type C Arterial Road,- - Type C Arterial Roads are designed to carry lower volumes of traffic at lower speeds than high order arterial roads while providing access to properties; - Dunchurch Street is designated as a Local Road which provides access to individual properties and carries local traffic; - Schedule 111 of the Pickering Official Plan - Resource Management designates lands in proximity to Dunbarton Creek as Shorelines and Stream Corridors; - Shorelines and Stream Corridors identify lands that may be prone to flooding, sloppy instability and/or erosion impacts and require an environmental report to be submitted that appropriately addresses any environmental constraints on the subject property; - the application will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the application; ATTACHMENT # d TO Information Report No. 13-08 REPORT # PD~7-Oq Page 4 68 3.3 Zoning By-law 3036 - the study area is currently zoned the following in Zoning By-law 3036; • C2 - Commercial; • C2-2 - Commercial; • A - Agricultural; • R3 Residential; • R3-DN - Residential with Day Nursery; • S3-8 - Residential; • I(C)-DN - Institutional with Day Nursery; • OS-HL-3 - Open Space - Hazard Land; - the properties that are zoned commercial and agricultural are the main focus of the zoning review; - an amendment to the zoning by-law is required to implement any proposed changes to the zoning for the study area. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - numerous public comments have been received throughout the study process and have been included in the consultants report (see Attachment #3); - since the formal notification of the public meeting one additional comment has been received, that related to an objection to the definition of "Domestic Business Type-A" that included the use "custom workshop" (see Attachment #4); 4.2 Agency Comments - no agency comments have been received to date. 5.0 DISCUSSION 5.1 Consultants Examination - the planning consulting firm of Macaulay Shiomi Howson Ltd. was hired to assist City staff in the zoning review, Peter Cheatly was the lead consultant on the project; - the zoning review by the consultant consisted of reviewing the official plan policies, land uses in the area, the street pattern, the existing zoning categories, and public consultation; - the consultant has recommend enacting a zoning by-law amendment which creates a detached dwelling residential zone which also allows home businesses, and recognizes the atypical setbacks of some of the buildings in the village; - the consultant has prepared a report on the Dunbarton Village Zoning review, dated April 29, 2008 which includes the background information, residents comments, and a draft of a proposed zoning by-law' amendment (see Attachment #3); ATTACH AENT _ ~___.__TO Information Report No. 13-08 REPORT # PQ_._.Q7'0_9 Page 5 69 - the consultant's recommendation is to replace the "C2" zone between 1019 and 1059 Dunbarton Road, including both sides of Dunchurch Street and the "C2-2" zone at 1051 Dunbarton Road with a new residential zone that will permit detached dwellings and also allow domestic business and bed and breakfast establishments; - the domestic business is based on a uses permitted in the Village of Whitevale zoning, a draft definition is as follows: Domestic Business - Type A shall mean an antique store, an arts and crafts shop, a book store, a business office, a clothing boutique, a custom workshop, a professional office, a tea room or a specialty home furnishing shop, which is: (a) operated from a detached dwelling on the lot, or a building or structure accessory to the detached dwelling on the lot; (b) managed, directed or conducted by one or more of the occupants of the detached dwelling on the lot; and, (c) occupies no more than 25% of the total gross floor area of the detached dwelling and any accessory building or structure on the lot; - for the lands that are currently zoned "A" - Agriculture at 1062 Dunbarton, the recommendation is to use the "S3-8" zone, which is the zone that already is in existence on the north side of Dunbarton Road (see Attachment #3 - Proposed Zoning - Dunbarton Village map); - the draft zoning also proposed performance standards that would capture the existing majority of the dwellings on the lots while still respecting the municipal standard for residential uses; 5.2 General Overview - the Dunbarton Village zoning resulted from an existing land use conflict with zoning provisions, being lands that have been used for residential purposes for a very long time yet the lands are zoned commercial and agricultural; - elements of current zoning in the study area are not conducive to a village character and could jeopardize initiatives to protect and enhance the village setting, the objective of this initiative is to review the existing zoning of the Village of Dunbarton and consider potential zoning changes that better reflect the existing built condition, help guide and foster new development, and support the historical character of the Village;. - this zoning review is a scoped review to address incompatible activities that may affect achieving the Official Plan vision, the review is not a comprehensive development review and is not intended to establish development guidelines, architectural controls or the establishment of a Community Improvement Area for the purpose of facilitating infrastructure funding; - Heritage Pickering has on its work program the 'Dunbarton Heritage Designation Study' which may result in a more comprehensive investigation related to heritage matters; - the recommendation of the consultant is generally what was envisioned from a land use perspective in terms of permitted use; ATTACHMENT ,2_ __T0 Information Report No. 13-08 REi'oR? Po_j27-Oq Page 6 70 - the recommended draft by-law by the consultant is in keeping with the specific Official Plan policy for the area (see Attachment #3); - staff will be reviewing the draft by-law in terms of the definitions, permitted uses, performance standards, the lots that are proposed to be rezoned and the lots in the study area that are not proposed to have any zoning changes; - staff will be considering the proposed zoning from a sustainability perspective in terms of impacts the zoning will have on the community; - 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 Council or 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; 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; ATTACHMENT # TO Information Report No. 13-08 HEPOR7 # PD---.c)]:9 Page 7 71 7.2 Information Received - the City is in receipt of the Dunbarton Village Zoning Review report dated April 29, 2008 prepared by Macaulay Shiomi Howson Ltd.; - 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 Lynda Taylor, MCIP, RPP Principal Planner - Development Review Manager, Development Review RP:ld Attachments Copy: Director, Planning & Development ATTACH"ENT #-3-TO Crtq o¢~ _E''°R' # Po ~'-®g-~vint-Planning & Development, AAL- Committee & Executive Committee Meeting Minutes 72 Monday, July 7, 2008 7:30 pm - Council Chambers Chair: Councillor Pickles Information Report No. 13-08 City Initiated Application Zoning By-law Amendment Application A 12/08 Dunbarton Village Zoning Review City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to City initiated zoning amendment application A 12/08 for the Dunbarton Village Zoning Review. 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 the Dunbarton Village Zoning Review. Ken Belzner, 1050 Dunbarton Road, appeared before the Committee in opposition to the zoning review. He stated that he had purchased the property because of the commercial zoning and felt the value of the property would decrease significantly with the new zoning being recommended. He stated that he felt the City should be looking at the whole Village and not just picking and choosing certain lots. Mr. Belzner also felt that the daycare zoning should be looked at again considering this type of zoning creates traffic. Louanne Belzner, 1050 Dunbarton Road, appeared before the Committee in opposition to application A12/08. She noted that the existing zoning allowed people to work and live in the community. She also noted that she worked out of her home'and it wouldn't be long before she exceeded the 25%o total gross floor area. She stated that she was opposed to her property being zoned S-2. Gwen Broadmore, 1043 Dunbarton, appeared before the Committee and stated that she had been living in the area since 1950 and feels the area should be zoned residential. 3 ATTACNRIENT # TO Caq n~ F;Ei'CtP~ # PD_s~oanning & Development Committee & Executive Committee Meeting Minutes 7 3 Monday, July 7, 2008 7:30 pm - Council Chambers Chair: Councillor Pickles The daughter ' of the: owner of 101.9 Dunbarton Road appeared before the Committee in opposition to application A12/08.. She noted that her mother would not be able to sell her house if the zoning was changed to residential because the design of the building is definitely a commercial design; the property was the Old General Store. She also noted that the value of the property would decrease significantly and also felt the whole Village of Dunbarton should be reviewed not just one area. Jeff Quinton, 1043 Dunbarton Road, appeared before. the Committee and stated that residents have put a lot of money into their homes and. felt that the commercial zoning would bring the value of the houses.down. ATTPCHI`v,ENT #TO , Ross 7 RE-PORT # PD Pym 7-09 From: Harold & Phyllis Quinton [hpquinton@sympatico.ca] Sent: May 15, 2008 8:56 AM To: Pym, Ross Cc: Rick thom; Dickerson, Doug, Councillor; Erwin Hoerdt Subject: Thank you Ross, thank you for forwarding the material from last nights meeting. I am sorry I couldn't be there. Although I generally agree with the reports conclusion, I am somewhat concerned about the 25% business allowance in that it may be enough of a crack in the door to allow flagrant bylaw abuse. To date the City's bylaw enforcement of the existing laws has been ineffectual. I worry that leaving even this tiny commercial opening in the zoning will be enough for the resident at 1050 Dunbarton Road to drive a big tandem off road landscape truck through. Harold Quinton . 1 ATTACHMENT # TO / 7 REPORT # PD ~7'©q J Pym, Ross From: Boyd Penny [b. penny@sympatico,cal Sent: June 12, 2008 4:17 PM To: Pym, Ross Cc: broberts@heenan.ca; erwin.hoerdt@sympatico.ca; hpquinton@sympatico.ca; iabbot1061 @rogers.com; Rick thorn Subject: Zoning application A 12/08 Below is a copy of a submission I made to the City a few months ago, when the "community" was providing input to the consultant. I am providing this written submission again to ensure that I meet the "Planning Act Requirements". In addition, I want to repeat an issue that I raised with you via email on May 15, 2008. In reading the proposed by-law I take exception to definition of Type A to include "custom workshop". I believe it is too vague and could easily become a "loophole". Even though there are other restrictions (e.g. managed by "occupant", occupies no more than 25%) almost anything could be a custom workshop. Anything being noisy, dirty, messy, polluting, odd hours, excessive traffic, a workshop requiring industrial equipment, raw materials including stacks of wood, etc. All of which could be "legal". Isn't there a better alternative? "Custom" is "made to order", unique, special, etc and hence I am very concerned that "custom" workshop could be abused. Dunbarton Village Thank you for accepting my comments regarding the future zoning of Dunbarton Village. Our primary position and belief is that the village is a residential neighbourhood. And it should remain residential. The current hodge-podge zoning is an outdated legacy: the consequence of quickly changing times and other higher priorities faced by the City. As owners of the property zoned for agriculture, it could be argued that we have the biggest amount to lose in a pure residential zoning. However, we believe this is the most appropriate zoning for the Village of Dunbarton, the abutting community and the City of Pickering. We believe our property should be designated residential and we have every intention to continue living in our home for the next 30+ years (we hope). However we believe it is practical and prudent for the City to consider some alternative low density residential usage of the property currently i i ATTACHMENT # ~ TO zoned ag cy~ltural. RENOH! # PD a7-09 The current generic "residential" zoning in Pickering allows for small home businesses. These businesses are generally unobtrusive, create limited traffic and parking concerns, and if we are not mistaken must be carried out by the owner(s) of the residence. We believe these are reasonable and sufficient to satisfy entrepreneur activity while maintaining a purely residential environment. It has been raised that the Village has a unique opportunity to create a special status and become a "destination" within Pickering, similar to that of the bottom of Liverpool. We do not believe this to be practical or realistic. While the Liverpool setting had space (acres) to develop and accommodate new businesses, parking, an existing restaurant, a marine, a waterfront park and the lake to create a critical mass of interest, Dunbarton Village has none of this. Realistically there are only 8-10 residences in a 200-400 mete span which could accommodate small business such as tea room, antique store, or similar enterprise. There is no other area to expand. There are no other areas of interest. There is already limited parking. While Dunbarton Village is indeed unique, we do not view this potential "opportunity" as realistic. We believe the generic residential zoning code as adequate and appropriate. By expanding the zoning to enable "other" business (and in particular if not carried out by the owner and occupant of the residence), the City also potentially creates a future situation similar to what it faces today: an aggressive entrepreneur who blatantly and flagrantly ignores the laws of the City and the wishes of his/her neighbours. Any rezoning by the City should be very specific and be scrutinized from the perspective of a selfish and self-serving lawbreaker to enable the City to take immediate corrective action to protect the interests of the residents of the Village and surrounding community. The Village is in the middle of a residential community. This is fact. The legacy zoning is almost irrelevant and an error or oversight of past reviews/studies. We believe it should be zoned purely residential. However, in no case should a commercial zoning be continued or considered. As evidenced by the actions and words of the owner of 1047 Dunbarton, the property was not acquired for residential purposes but for purposes of a landscaping business. He stated at the public workshop that the property was not worthy of on-going maintenance and not likely to be standing in 10 years. The limited commercial use has already negatively impacted the" individuals, the quality of life and the structures and infrastructure of the Village. These issues are well known and documented by the City. We believe such commercial activity is the thin edge of the wedge and continued commercial zoning will result in the eventual and quick deterioration of the Village as it is now known. The fact that a commercial enterprise (or planned venture) is owned or managed by a resident and/or owner of a home in the Village is irrelevant. The business activity and not ownership is the crux of the issue. 2 ATTACHMIENT ~ TO REPORT # PQ Q7-09 The Village is unique and should be maintained as a reflection of the past. 7 However, having said that, we would not be in favour of a "heritage district" designation. We are concerned that such a designation could be constrictive and remove many rights and privileges that ordinarily come with home ownership. Again, I would like to thank you for soliciting our input and giving consideration to our wishes. Original Message From: "Boyd Penny" <b.penny@sympatico.ca> To: "Rick thom" <rick.thom@sympatico.ca>; <rpym@city.pickering.on.ca> Cc: <broberts@heenan.ca>; <erwin.hoerdt@sympatico.ca>; <hpquinton@sympatico.ca>; <iabbot1061 @rogers.com> Sent: Thursday, May 15, 2008 3:12 PM Subject: Re: Dunbarton zoning proposal an comment sheet > In reading the proposed by-law I take exception to definition of Type A > to include "custom workshop". I believe it is too vague and could easily > become a "loophole". Even though there are other restrictions (e.g. > managed by "occupant", occupies no more than 25%) almost anything could be > a custom workshop. Anything being noisy, dirty, messy, polluting, odd > hours, etc. All of which could be "legal". Isn't there a better > alternative? > Original Message > From: "Rick thom" <rick.thom@sympatico.ca> > To: <rpym@city.pickering.on.ca> > Cc: <broberts@heenan.ca>; <b.penny@sympatico.ca>; > <erwin.hoerdt@sympatico.ca>; <hpquinton@sympatico.ca>; > <iabbotl06l@rogers.com> > Sent: Thursday, May 15, 2008 8:33 AM > Subject: RE: Dunbarton zoning proposal an comment sheet Thanks Ross, I think most of my neighbors considered last evenings meeting to have been worthwhile and I thank you and the other staff for your efforts to make it so. The issue that I see on the table is really permitting and defining allowable uses (Whitevale model) vs straight normal residential zoning ( Bonnie and Brent Roberts recommendation) because of our past and current difficulties from an enforcement/compliance perspective, and also anticipating what loopholes we have unwittingly left open that 'dangerous minds' can & will attempt to exploit. Our experience has certainly tainted our penchant for risk. Perhaps we will be able to get our little core group together to discuss 3 AT1 P ~Ci!1°EN tTO REPOR? # PD--127-02 78 this and attempt to come to a consensus before our next step in the process. I do believe that it is essential that whatever solution is proposed be floated past your bi-law staff to ensure it is absolutely crystal clear, easily interpreted and enforceable. Regards, Rick. ATTACH,',ENT # TO 1 REPORT # PD QZ-09 79 Monday June 23, 2008. - Ross Pym, Principal Planner - Development Review, Tel: 905-420-4617, Fax: 905-420-7648, Email: rpym@city.pickering.on.ca. Mr. Ross Pym, My name is Marie Gillson and I'm the current owner of one of the properties being rezoned in the village of Dunbarton from commercial to residential zoning. I'm requesting that I be granted a legalized continuation and recognition of existing three two bedroom apartments with a fourth one bedroom apartment to be added for my residence at 1019 and 1023 Dunbarton road.. The removal of the commercial zoning will depreciate the value of our property so this legalization continuation is required to try to offset the financial loss of value on my property by your rezoning as I am a widowed pensioner who bought this property along with my husband as a future investment due to the commercial value of this property. The only way I can now afford to keep this property would be the ability to rent out the property due to the financial loss caused by the rezoning of the village. I have been the owner and tax payer of this commercial property for over 42 years and the property has always contained three apartments and in past a store front at various times over these 42 years which we now contemplate converting to a fourth one bedroom apartment subject to building apartment approval. This house was never intended to conform to the other residences of the village as it was designed, engineered and built as a commercial property being the original general store, post office and rental unit of the area. The house is equipped with three kitchens and contains ample parking for a minimum of seven vehicles on the north and south side of the building unlike other residences in the village. The house also contains a block fire wall which runs from the basement to the roof which separates the house into two apartments on one side of the house and one apartment and store on the second side of the house. The renting of this residence over the past 42 years has never interfered with the other residences of the village or caused parking issues. The rental of this residence will not change the look of the village or affect the village. Could you please confirm receipt of this request by me in writing or E-mail? I look forward to meeting you at the information session this evening to see if you can assist me in my situation. Sincerely Submitted, Marie Gillson, 10 19 Dunbarton Road, Pickering, Ontario. L1V 1G9. ATTACHP,SENT # 9 TO 80 REPORZ # PD 7- ®9 _ Pym, Ross From: Erwin Hoerdt [erwin.hoerdt@sympatico.ca] Sent: Monday, July 07, 2008 10:25 AM To: Pym, Ross; Narraway, Kevin; Dickerson, Doug, Councillor; McLean, Bill, Councillor; Boyd Penny; Ivan Abbot; Rick thom; Jones, Brent; Bonnie Roberts Cc: Jim Bruni Subject: Fw: Regarding City Meeting July 7 Attention Mr Pym, Mr Narraway, Mr Dickerson, Mr McLean, Neighbours, Regarding City Meeting July 7, 2008: .Some thoughts & concerns: (1) a) We are in favour of residential zoning for the Village of Dunbarton. b) However, we request exact clarification of what a residential zone with "accessory domestic business uses" exactly means. We would like to put on record our concerns about the height of grade at 1047 Dunbarton Road (our neighbour to the east side). Originally the properties'werd very similar in height. Today the grade at 1047 is substantially higher then adjacent properties. And now the recently installed interlocking tiles slope toward our property. When it rains, the water from # 1047, along the whole driveway (front & rear) is directed onto 1043 Dunbarton Road. (3) Heavy equipment is still parked in the yard at 1047 Dunbarton Rd, and being driven back & forth in close proximity to the fieldstone foundations of # 1043. We will be present at the meetings Pickering Civic Complex-Council Chambers, scheduled for this evening. Sincerely, Erwin Hoerdt & Gwen Broadmore, Owners 1043 Dunbarton Road 1 ATTACH LIENT # TO REPORT # PD -27-057 - 81 Pym, Ross From: Erwin Hoerdt [erwin.hoerdt@sympatico.cal Sent: July 11, 2008 11:38 PM To: Pym, Ross; Dickerson, Doug, Councillor; McLean, Bill, Councillor; Ryan, David, Mayor Cc: Rick thom; Jones, Brent; Bonnie Roberts; Ivan Abbot; Jim Bruni; Boyd Penny Subject: regarding zoning by-law amendment application A12/08 July 11, 2008 Dear Mr. Pym, Mr. Ryan, Mr. McLean, Mr. Dickerson, Cc neighbours. Regarding Zoning By-law Amendment Application A12/08 Applicant: City of Pickering In order to comply in writing prior to the July 14`h deadline: 1) We are in support of the applicant (The City of Pickering) in its proposal to change the zoning on certain properties in Dunbarton Village to residential. 2) We request that the "accessory business uses" be tightened in such a way to prevent misuse. 3) With our experience in real estate brokerage since 1975, it is very apparent to us that in Dunbarton Village, the C2 zoning does not afford village homes increased monetary value. To the contrary, if this village continues to become a hodge-podge of uses, (inappropriate to its residential nature) real estate values will ultimately decrease substantially. 4) We sincerely hope that this zoning change will mean that no industrial uses, nor any commercial outdoor sales & storage of soil, gravel, wood, and machinery/equipment will be allowed to continue. 5) In addition, we wish to register our concern that the owner of 1047 Dunbarton Rd. stated publically he will in fact continue "business as usual" regardless of any zoning changes. This does trouble us considerably, and many of our neighbours are equally worried. 6) To reiterate, we support the change of the zoning to residential, with a limited accessory domestic use. If the above mentioned zoning application by The City changes to a form which we deem to be inappropriate, we reserve the right to appeal. 7) As we have requested from the City Clerk, Debi A. Wilcox, we request to be informed of any further meetings to do with this matter, any hearings of appeal, and in addition we also wish to be notified of the passing of this zoning by-law. Many thanks to The City of Pickering, Mr. Pym & his staff, The Mayor, Mr Ryan, Councilors Mr. McLean and Mr. Dickerson for their efforts to date. Sincerely, Erwin Hoerdt and Gwen Broadmore owners, 1043 Dunbarton Rd., Pickering i ATTACHMENT #TO REPORT # Pl) X7-09' 82 r From: helen [mailto:heleni@sympatico.ca] Sent: Monday, July 14, 2008 12:51, PM To: pym.ross[rpym@city.Pickering.on.ca] , Cc: helen; cheatley@mshplan.ca Subject: 1019 Dunbarton Road - Marie Gilson Property To whom it may concern: My name is Helen Copland, 1727 Dunchurch St. Pickering, On. L1V1T9. =Mould like to make my feelings known in regard to Mrs. Gilson's property at 1019 Dunbarton Rd. I have no problem with the property being left in the zoning it already has. I don't feel that she should be penilized just as she is about to sell her property.... if has always been used as a residential multi family home and this should be allowed. As with regard to the store front I would not object to this being opened for a small business or office if being run by the new home owner themselves, as I do not think this would cause any problems, as they would be living on the premises. For obvious reasons I would, not consider a bar/pub a small business and would definitely object to anything along this line. I am sure that anything that would be objectional would have to go through planning anyway which would certainly control that problem. Mrs. Helen Copland, 1727 Dunchurch St., Pickering, On L1 V1 T9 virus found in this incoming message. checked by AVG - http://www.avq.com Version: 8.0.13.8 / Virus Database: 270.5.0/1558 - Release Date: 7/17/2008 9:56 AM 1 ATTA HNIENT O TO REPOR7 # PD_ a7-09 83 IAugust 29, 2008 ~FECE Ross Pym, Principal Planner SEP Q 2 200 ! Planning and Development Department j-rr ta~Ci l R I N MI G City of Pickering C tass PLANS I~GF A i fdlr tai'f One The Esplanade Pickering, Ontario L1.V 6K7 The Regional Municipality of Durham Mr. Pym:. Planning Department Re: Zoning Amendment Application A12/08 605 ROSSLAND ROAD E Applicant:. City Initiated 4TH FLOOR Location: 1019,,1027-1031, 1039, 1043, 1047, 1051, 105.5, 1059, PO BOX 62s WHITBY ON LIN 6A3' 1062, 1087-Dunbarton.Rd., and 1719, 1723, 1727 CANADA Dunchurch St. 905-668-7711 Municipality: City of Pickering Fax: 905-666-6208 -mail` planning@ We have reviewed this application to amend the zoning on the above noted egion.durham.on.ca properties. The following comments are offered for your consideration. www. reg i o n. d u rh a m. o n. ca A.L. Georgieff, MCI P, RPIP The purpose of the application is to amend the zoning on certain properties in commissioner of Planning . Dunbarton Village from "C2", "C2-2", "R3" or "A" to a residential zone that also permits accessory domestic business uses. Regional Official Plan The subject lands are designated "Living Area" in the Durham Regional Official Plana Living Areas are to be used predominately for housing purposes. Certain home occupations are permitted provided they are compatible to their surroundings. This application to amend the zoning on the above referenced properties to a residential zone is permitted by the Plan. Provinciaf Policies & Delegated Review Responsibilities .This. application has been screened in accordance, with the terms of the provincial plan review responsibilities. There are no matters of provincial plan review interest applicable to this application. Municipal Servicing Municipal water supply and.sanitary sewer servicing are available on Dunbarton Road and'Dunchurch Road. However, municipal addresses 1719, 1723 & 1727 Dunchurch Street will require the replacement of the existing 1,00mm ductile iron watermain with a 300mm diameter watermain to provide adequate fire protection. The replacement,of the watermain will be required should these properties be' subject to site plan approval. The full cost of the replacement shall be. borne by. the applicant. "Service Excellence for our Communities" 100% Post Consumer ATTAGH"fENT1 lO TO REPURT.# FD Q709 . 84 . Any new service connections, additional service connections and hydrants required on Dunbarkon Road and Dunchurch Street to provide adequate capacity and fire protection wil be at full cost to the applicant.. Please contact me should you have any questions or require any additional information regarding this.matter: He ry Tang, Planner Current Planning cc:: Regional Works Department -Pete Castellan ATTACHMENT TO REPORT # PD.,Q2ZQ2 _ 85 Pym, Ross From: Chris Jones [cjones@trca.on.ca] Sent: Wednesday, July 02, 2008 2:12 PM To: Pym, Ross Subject: Zoning By=law Amendment Application A 12/08 Attachments: 1019 Dunbarton Rd.bmp Hello Ross: I'm following up further to our telephone conversation last week regarding City initiated Zoning By-law Amendment A 12/08. As discussed, one property proposed for re-zoning, 1019 Dunbarton Road, contains the valleylands of the Dunbarton Creek and associated hazard (flood plain) lands. A portion of these lands are also designated as. Natural Areas within the Open Space System on Schedule I to the Pickering Official Plan. We request that the proposed Zoning By-law amendment include the portion of 1019 Dunbarton Road below the Crest of Slope line on our Generic Regulation Mapping within an Environmental/Open Space Zoning category to recognize the presence of the Dunbarton Creek.valleylands, hazard lands (flood plain) and Official Plan designation. have asked or Geomatics Section to provide you with data so that you may create a zoning schedule with the )ropriate boundaries. Attached is a sketch of the area. The Crest of Slope line is shown in red. The Estimated Flood Line is shown in light blue. Thanks very much for providing us with notice of the proposed zoning amendment and for your consideration of this request. Please contact me if you.have any questions or concerns with, our comments. Chris Jones, B.U.R. PI. Senior Planner Planning and Development Toronto and Region Conservation Authority 5 Shoreham Drive Downsview, Ontario M3N 1 S4 Phone: (416) 661-6600 ext. 5718 Fax: (416) 661-6898 -+nes ,_trca.on.ca ,vw.trca.on.ca 1 I ATTACHMENT # TO . REPORT # Pa I;2-7-D9 86 t-'~~~Jye~- i ~ ,..':~~..,`,w ~ .~•'yn x1 .e. ~•-*,.'L pct ~ "'G _ r, } ,x~ ~ ~ ~ .~..,;~.Y +l.r.. ~ .5,a,•. ry;,~ ''.r. ~4 ~ ~ Lj..'y~l,ry'. f ~ ~ ~9 t ~ y, 'i.T~Jj~ e,r~r~--• ) _t NS Y wrr ~s ti ` Lk^'„` tv t f J ~.r +vt s RK _ 1 a~ VI r1l RrP q. y 1 z.. x } a _41; - Ll v. REPORT TO City 00 PLANNING & DEVELOPMENT COMMITTEE 1 1 KERI Report Number: PD 28-09 Date: October 5; 2009 87 From: Neil Carroll Director, Planning & Development Subject: Request for Site Specific Exception to the Council Adopted Development Guidelines for the Rosebank Neighbourhood James Micklewright 447 Toynevale Road (Lot 1, Plan 389) City of Pickering Recommendation: 1. That Report PD 28-09 respecting a request from James Micklewright for a site specific exception to the Council Adopted Development Guidelines for the Rosebank Neighbourhood for the subject property located at 447 Toynevale Road be received; 2. That should Council determine that there is merit in proceeding with consideration of the request for a site specific exception to the Development Guidelines for the Rosebank Neighbourhood, that the Planning & Development Department be authorized to give notice of the request to property owners within a 150 metre radius of the subject property, the neighbourhood Ratepayers Association and applicable external agencies impacted by the proposal, and to hold an Information Meeting at the December 7, 2009 Planning & Development Committee Meeting; and 3. Further, that the Planning & Development Department prepare a. Recommendation Report, following the public consultation process, for the Planning & Development Committee's consideration early in 2010. Executive Summary: The Planning & Development Department has received a request from James Micklewright, the owner of 447 Toynevale Road, located at the southeast corner of Toynevale Road and Oakwood Drive, (see Location Map - Attachment #1), for a site specific exception to the Rosebank Neighbourhood Development Guidelines for the subject property. The proposal is not associated with another development application requiring Council consideration. The owner is seeking approval from Council for a site specific exception prior to applying to the Durham Region Land Division Committee to sever the rear portion of his property to create a new building lot, and prior to applying to the Committee of Adjustment for relief from various zoning requirements. Planning Staff is seeking direction from Council to address the owner's request. Report PD 28-09 October 5, 2009 Subject: Request for Site Specific Exception to the Council Adopted g Development Guidelines for the Rosebank Neighbourhood Page 2 Financial Implications: No direct costs to the City are anticipated as a result of the proposed development Sustainability Implications: The proposed Development Guideline Amendment will provide the opportunity to create an additional lot from the subject lands, utilizing existing services. Background and Proposal Description: The Planning & Development'Department has received a request from James Micklewright, owner of 447 Toynevale Road, for a site specific exception to the Rosebank Neighbourhood Development Guidelines within Design Precinct No. 2 to permit the creation of an additional building lot from the property, having a depth of approximately 15 metres (see Location Map - Attachment #1 and Rosebank Neighbourhood Design Precinct Map - Attachment #2). The provisions of Rosebank Neighbourhood Guidelines applicable to these lands require new lots to provide a minimum lot depth ranging between approximately 30 to 36 metres. The subject property is a corner lot, located at the southeast corner of Toynevale Road and Oakwood Drive. The lot currently supports one detached residential dwelling, with a frontage of 15 metres on Toynevale Road, and a depth of approximately 61 metres along Oakwood Drive (see Location Map - Attachment #1 and Applicant's Submitted Current Site Plan - Attachment #3). The property is currently zoned `R4' by Zoning By-law 2511 which requires a minimum lot frontage of 15 metres and lot area of 450 square metres. The existing lot provides significantly greater depth than the minimum required by the Development Guidelines. The proposal is to create an additional lot from the surplus rear yard area, with a wide (30.48 metres) frontage on Oakwood Drive, but a shallow depth (15.24 metres). The new lot configuration would be similar to a corner flankage lot, but at an internal location (see Applicant's Proposed Plan - Attachment #4). Both the proposed severed and retained lots would comply with the R4 zoning with respect to lot area and frontage, but the new proposed lot fronting Oakwood could not be developed without variances from current zoning requirements (including but not necessarily limited to front yard and rear yard depth). Report PD 28-09 October,5, 2009 Subject: Request for Site Specific Exception to the Council Adopted Development Guidelines for the Rosebank Neighbourhood Page 3 89 Discussion: Requests of this nature are typically considered in conjunction with associated development applications (zoning by-law amendments/draft plans of subdivision). However, there are no associated Planning Act applications respecting this development proposal that will come before Council for consideration. Should this Development Guideline exception request be approved, the owner intends to apply to the Durham Region Land Division Committee for severance to create a new lot, and to the City's Committee of Adjustment to vary multiple zoning performance standards necessary to accommodate the proposed development. Staff are bringing this matter forward to the Planning & Development Committee as the requested exception is a significant deviation from the guidelines and thereby warrants Council's consideration. The applicant has requested Councils' opinion on this request prior to submitting other related applications. This is a unique, site specific proposal and reflects a development scenario that was likely not contemplated at the time the Development Guidelines were prepared. Consequently, prior to staff preparing comments on the request, we are seeking- Council's authorization to notify area residents of the request and seek comments on the matter. Should Council decide there is merit in considering an exception to the guidelines, we recommend that an Information Meeting be held for this site specific exception request at the December 7, 2009 Planning & Development Committee Meeting, and that a Recommendation Report be forwarded to Planning & Development Committee in early 2010. As a request for a site specific exception to the Development Guidelines is not an application under the Planning Act, Council's decision respecting the request is not appealable to the Ontario Municipal Board. However, if the applicant proceeds with this development proposal through severance application to the Durham Region Land Division Committee and variance application to the City Committee of Adjustment, these related applications will be appealable to the Ontario Municipal Board. It is through these associated applications that deviation from the Development Guidelines may be addressed by the Board. A letter submitted by the applicant outlining his proposal is attached to this report (see Attachment #5). Attachments: 1. Location Map 2. Rosebank Neighbourhood Design Precinct Map 3. Applicant's Current Plan 4. Applicant's Proposed Plan 5. Applicant's Letter requesting Exemption to the Council Adopted Development Guidelines for the Rosebank Neighbourhood L Report PD 28-09 October 5, 2009 Subject: Request for Site Specific Exception to the Council Adopted go Development Guidelines for the Rosebank Neighbourhood Page 4 Prepared By: Approved / Endorsed By: (Ashley Ye ood Neil Carroll MCP, RPP nner I Director, Planning & Development Lynda T ylor MCP, R P Manager, Development Review AY: LT: jf Copy: Chief Administrative Officer Recommended for the consideration of Pickering City C ci T J. Uin CM 4K hi f Admi e Of ficer 7 ATTACHMENT# L1---TO REPORT# PDT - 91 K\NOSS O a z r J W W LER-J z a U TOYNEVALE ROAD TOYNEVALE ROAD w BJEC R o W U U V) w C) ROSEBAN v PUBLIC z z SCHOOL A/2F o COURT w z MEMORIA o ui ~ w ocF DRIVE ~ J z _ z ° a o ° ° = w PTEI~- W J N Gp C) a O z a X090 :D MAITLAND DRIVE o O Z OO w > 0 Y O Q O O m COWAN C OG City of Pickering Planning & Development Department PROPERTY DESCRIPTION LOT 1, PLAN 389 w OWNER J. MICKLEWRIGHT DATE SEPT. 8, 2009 DRAWN BY JB FILE No. N/A SCALE 1:5000 CHECKED BY AY N I Te ranet cEn terprises I- Intl its suppliers. All rights Reserved. NIl o plon of s,rvey. PN'1 2009 MPAC Intl R. suppliers. All rights Reserved. Not I plan of Survey. ATTACHMENT#-,2-TO REPORU PD. g' 0 9 2 Cctq o~ PICKE Rosebank Neighbourhood Section Al R(Isebank Neighbourhood DEVELOPMENT GUIDELINES 9(<e STREET AG \NG5~0 / a 27 0 / DRIVE p O 9 p Z L DRIVE m 000 0 ROUGE L N VALLEY W 22 COURT O1 ~e CATEJ f O AU EDG ~GCf P Z r~i 2 LANE ~N Q BROOKRIDGE ~G O U li Ojn 4 Z GATE N pj SZ 3P i - EVELVN p Y F(^~, Q RpA AVENUE GRANITE C - OURT C HAMPTON G COURT OKLAHOMA 447 TI VALE A INGDON ~\~GZTO , gHprp CRT. -o R'l-t. / couRr p j STONEBRIDGE m rc ~ p LAYTON LANE Z > Z 38 p O R~ - W COURT } O O\ W IOj G DOWNLAND p D\ tt rc o 2P / CR i U Q K IR j ENGEL O U OReF OR~I.e W E O IQ ~P~ 2 O 3 k~Q`k, J O G AN O CALLAHAN > O O \21 > r jh T. STREE 1C pg p p W ROUGE op p Z (u 'EL~oG ° p Z W `p~ OST R/ W V m N UGE MAITLANp W N U \C T. F PE RO PARK DRIV p Z BRIAN VICTOR LA / > CRT RT O O -0, AREA u HOUSTON ROUGE C WAN p CIRCLE / PARK o i cXX / REEK _ o a /y ROAD AREA O IV KIMT N N / POD o CR U PETTICOAT CREEK o / CONSERVATION AREA NOMAp / \\v\1 ROA/ O v O ROOO AVENUE / ~O BELLA VISTA ZO LAKE ONTARIO / N LEGEND ®DESIGN PRECINCT No. 1 ®DESIGN PRECINCT No. 2 ®DESIGN PRECINCT No-3 ATTACHMENT#.3.-TO REPORT# PD._ INFORMATION COMPILED FROM APPLICANT'S CURRENT PLAN 93 J. MICKLEWRIGHT TOYNEVALE RD. 15.2m j E E Lo in r r 15.2m -1~ EXISTING 1 DWELLING f t I*-- 1.3m w g > ¢ Y 1.3m 0 I O ? EXISTING E GARAGE r ~ ~ EXISTING `CHAIN LINK FENCE EXISTING CHAIN LINK FENCE 1 f 15.2m iV THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, SEPT. 11, 2009. ATTACHMENT REPORT# PD a d 9 94 INFORMATION COMPILED FROM APPLICANT'S PROPOSED PLAN J. MICKLEWRIGHT TOYNEVALE RD. PROPOSED DWELLING PLACEMENT 0 ' M l 1 w O ~ 1~ G } f ! PROPOSED DWELLING PLACEMENT #2 II ~ ~ !I OusoC>Uv,- vv 15.2m ~ I I ~ ~V THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, SEPT. 11, 2009. ATTACHMENT# s TO RECEIVED REPORT# PD 0 95 JUL 0 9 2009 July 9, 2009 CITY OF PICKERING PLANNING AND To City of Pickering Building Department DEVELOPMENT DEPARTMENT Attention to: Ashley Yearwood Address of interest: 447 Toynevale Road, Pickering, ON This proposal, put forth on this day is to ask for relief of Design Precinct Number 2 and allow for a lot depth of 15 meters, whereas the normal or regulatory guideline calls for a minimum lot depth of no less than 30 meters. My indication here is to request for a lot severance and propose a new frontage of approximately 18 ft that would face Oakwood Avenue. And furthermore to have a 5 ft rear clearance and a functional sideyard outdoor activity area of approximately 25 ft by 50 ft. I have attached a drawing of my intentions and interpretations on my proposal for future reference. If you have any questions you can reach me at (416) 568-0199. Sincerely, ~4es Micklewright C1q 00 REPORT TO PLANNING & DEVELOPMENT KEIZI COMMITTEE PIC G_ Report Number: PD 29-09 96 Date: October 5, 2009 From: Neil Carroll Director, Planning & Development Subject: Durham Region Official Plan Amendment Application OPA 2008-001 Official Plan Amendment Application OPA 05-04/P Amendment 20 to the Pickering Official Plan Zoning By-law Amendment Application A 33/05 Kinsale Properties Ltd. (Part of Lot 4, Concession 6) City of Pickering Recommendation: 1. That Report PD 29-09 of the Director, Planning & Development regarding Official Plan Amendment Application OPA 05-04/P, Amendment 20 to the Pickering Official Plan, be received; 2. (a) That Amendment 20 to the Pickering Official Plan initiated by Kinsale Properties Ltd., to permit a 12-hole golf course and associated uses by redesignating the lands from Agricultural Areas, Open Space System - Natural Areas and Exception (E1-3.20.a) to Open Space System - Active Recreational Areas as set out in Exhibit "A" to Appendix I to Report PD 29-09 be adopted and forwarded to the Region of Durham for approval; (b) That the Draft By-law to adopt Amendment 20 to the Pickering Official Plan to establish a golf course with maintenance buildings, a clubhouse with limited food services and a separate building with an indoor golf simulator as set out in Appendix I to Report PD 29-09 be forwarded to Council for enactment; 3. That Council advise the Region of Durham that it supports the application to amend the Durham Regional Official Plan, File: OPA 2008-P-51, submitted by Kinsale Properties Ltd., to redesignate a 29.9 hectare site in the City of Pickering from Prime Agricultural Areas to Major Open Space Areas to permit the development of a 12-hole golf course; 4. That Zoning By-law Amendment Application A 33/05 submitted by Kinsale Properties Ltd. for lands being Part of Lot 18, Concession 1, City of Pickering, to amend the zoning of the subject property to permit a 12-hole golf course with maintenance buildings, a clubhouse with limited food services and a separate building with an indoor golf simulator as outlined in Report PD 29-09 be approved; Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 2 7 5. That the draft by-law to amend Zoning By-law 3037, as amended by By-law 1751/83 to permit a 12-hole golf course with maintenance buildings, a clubhouse with limited food services and a separate building with an indoor golf simulator is to be forwarded to Council for enactment once the Ministry of Natural Resources advises the City that the final limits of development and boundaries for open space zoning are appropriate; and 6. Further, that the City Clerk forward a copy of Report PD 29-09 to the Region of Durham and the Town of Ajax for information. Executive Summary: The applicant, Kinsale Properties Ltd., proposes to develop a 12-hole golf course with a clubhouse offering limited food services, a maintenance building and shed, and an indoor golf simulator facility on lands located west of the Hamlet of Kinsale, generally at the northeast corner of the intersection of Highway 7 and Sideline 4 (see Attachment #1). The subject lands are located south of the recommended route for the extended Highway 407. Applications submitted to support the proposal include amendments to the Durham Region Official Plan, the Pickering Official Plan and Zoning By-law 3037. The subject property has an area of 29.9 hectares, is bisected by an intermittent tributary of the Carruther's Creek and contains abandoned farm pasture, an earth fill mound and is covered by some plantation pine and Hawthorn Scrub. The proposed golf course landscape is proposed to blend naturally with the adjacent landscapes. Staff has evaluated the requests to amend the Regional and Pickering Official Plans and the City Zoning By-law. In doing so, staff has considered the results of the submitted agricultural, environmental, hydrogeological and planning studies, comments from other agencies, policy considerations, resident and landowner comments, public meeting and site visits. Planning staff concludes that a golf course use is appropriate on these lands considering its benefit to the community, its contribution to fulfilling the City's rural system's goals and objectives, and its evaluation against agricultural and environmental issues. An amendment to the Pickering Official Plan is recommended to permit the redesignation of the subject lands to Open Space System - Active Recreational Areas. The proposed Official Plan Amendment is set out in Appendix I to this report, and the adopting by-law should be forwarded to Council for enactment. Staff also supports the Regional Official Plan Amendment application, considering the matters noted above. The zoning by-law amendment application is recommended for approval and will be forwarded to Council for enactment once the Ministry of Natural Resources advises the City that the final limits of development and boundaries for open space zoning are appropriate. It is anticipated that the zoning by-law amendment will require an 'H'- Holding Category. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 3 911 Requirements to lift the 'H' could include the preparation and execution of a development agreement addressing matters such as the upgrading of Sideline 4, construction schedule, securities, off-site works and a conservation easement in favour of TRCA over the tributary. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: The applicant's proposal is aligned with the community level sustainability principles of natural heritage conservation and protection as well as the site/building level principles of (water and wastewater efficiency) and stormwater management. The course is proposed to integrate into the natural topography and vegetation of the proposed site and to blend naturally with the adjacent landscapes. Some of the property has lost its sense of natural or historical character, such as the abandoned agricultural fields and the fill pile. It is proposed that the golf course development will improve upon the landscape, recreate a natural quality and appearance to the land and provide opportunities to enhance the character and interaction between the land and the past history of the property. It is proposed that the Audubon Cooperative Sanctuary Program for Golf Courses (ACSP) be an integral function of the proposed golf course. Water conservation is proposed to be achieved as the combination of a shorter golf course and the use of natural grasses requires less water than a typical golf course. Background: 1.0 Introduction The subject site is located west of the Hamlet of Kinsale, generally at the . northeast corner of the intersection of Highway 7 and Sideline 4 (see Attachment #1). The eastern portion of the site, is covered by a large mound of fill that was the result of extensive filling by the property owner. The filling operation ceased in 2002. An intermittent unnamed tributary of the Carruther's Creek traverses the site from north to south. A small portion (approximately 1.2 hectares) of the southerly part of the site was used for commercial purposes, most recently a marine service operation/truck maintenance facility which has been removed from the site. One structure from this operation remains on the site, and the remainder of the site is vacant. The development proposal includes the following (see Attachment #2): • 12-hole (Par 36; 1,473 yards to 2,026 yards) golf course; Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 4 99 • a 176 m2 clubhouse offering limited food services and an associated parking area for 100 vehicles; • a 237 m2 indoor golf simulator facility and associated parking area for 28 vehicles; • a 163 m2 maintenance building and associated parking for five vehicles; and • a 31 m2 maintenance shed. The golf course is proposed to also provide a practice putting green and four pond water hazards and incorporates the intermittent tributary. Clear span crossings are proposed for the tributary and include one combined vehicle/cart crossing and two cart crossings. Domestic and irrigation water will be provided by a proposed drilled well to be situated near the indoor golf facility or clubhouse. Sanitary sewage will use a private septic field and tile bed servicing both the clubhouse and indoor golf facility to be situated near the proposed buildings. Golf course watering will utilize water stored in two of the ponds.' The surrounding land uses are: North: Limited agricultural land, the recommended route alignment for Highway 407 and hydro corridor. South: Highway 7 (widening is currently underway), across Highway 7 is a vacant residential dwelling, agricultural land, and approximately 1 kilometer to the south are two residential homes and a new estate residential development (Barclay Field Stone Estates). West: The immediately adjacent property on the corner is a residential home/property maintenance company, the area to the west across Sideline 4 is used as active agricultural land (Clark and Ibanez farms). East: Agricultural land (orchard), a vacant parcel and the Hamlet of Kinsale (approximately 400 metres). The applicant has submitted an applicatiori to amend the City of Pickering Official Plan and zoning by-law to permit the proposed golf course/facility. The Official Plan amendment proposes to redesignate the lands from Agricultural Areas, Open Space System - Natural Areas to Active Recreational Areas. The Official Plan amendment application also proposes to delete an exception that exists on a portion of the subject site which permits a farm implement dealership and vehicle repair and service establishment. In addition, the applicant has submitted an application to amend the Region of Durham Official Plan in order to redesignate the property from Prime Agricultural Areas to Major Open Space Areas. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 5 The rezoning application proposes to rezone the lands from Rural Agricultural "A" and Rural Agricultural Exception "A(FID)"- Agricultural-Farm Implement Dealership in Zoning By-law 3037 as amended by By-law 1751/83 to Agricultural Golf Course "A/GC" to permit the proposed golf course use and to Open Space/Hazard Lands "OS/HL"to protect the tributary and associated buffers prohibiting golf course use. 2.0 Comments Received 2.1 At the July 7, 2008 Public Information Meeting (see text of Information Report & Meeting Minutes, Attachments #3 & #4) No members of the public in attendance at the public information meeting spoke in support or opposition to the application. Councillor Johnson noted that David Clarke, a long time Pickering farmer, could not make the meeting but wanted to have it noted that he would continue to spread manure on his fields to the west of the lands subject of the application for a proposed golf course. Written correspondence from John Ward, 3290 Highway 7, Pickering, noting his concern with possible impact on his well due to the development was provided to the Committee. 2.2 Agency Comments. The following detailed comments from involved agencies were received in response to the circulation of the applications to amend the Region of Durham Official Plan, and the City of Pickering Official Plan and zoning by-law, and are included with this Report as Attachments #5 to #1.5: • The Region of Durham Planning Department commented that the proposal is also the subject of an application to amend the Durham Regional Official Plan, which has been circulated to the City of Pickering and review agencies for comments (see Attachment #5); • The Region of Durham Works Department provided the following comments (see Attachment #6): - municipal water supply and sanitary sewers are not available to the property and the Region has not made provision in its Capital Budget for extending services to this location; - this proposal will have a negligible impact on the Region's arterial road network; Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 6 101 • The Region of Durham Health Department commented that the Total Daily Design Capacity of the private sewage system that will service the proposed Golf Course is >10,000 I/day which falls under the Water Resources Act and in this regard the Ministry of Environment (MOE) should be contacted for comments (see Attachment #7); . • Town of Whitby had no objection to the proposal (see Attachment #8); • Town of Ajax Staff have advised the Region of Durham of concerns about the potential downstream effects of this proposal and requested the Region to advise of the status of peer reviews of the environmental impact, and hydrogeological and agricultural reports to assist in the preparation of a recommendation report for Ajax Council's consideration (see Attachment #9); • The Ministry of Agriculture, Food and Rural Affairs has requested that the issues of need and alternative locations are to be reviewed by Durham Region as per Section 2.3.5.1 c) (2), (3), & (4) of the PPS and in order to fully address Section 2.3.5.1 c) (4) of the PPS, soil capability mapping and a summary table need to be provided outlining the makeup and percentages of the Canada Land Inventory soil classification of the subject lands (see Attachment #10); • 'Veridian had no comment (see Attachment #11); • Toronto and Region Conservation Authority (TRCA) had no objection in principal to the proposed land use subject to the applicant confirming the Ministry of Natural Resources (MNR) acceptance of the buffers and the following comments which can be summarized as follows (see Attachment #12): - the subject property is partially located within a TRCA Regulated Area associated with a tributary of the Carruthers Creek. In accordance with Ontario Regulation 166/06 a permit is required from the TRCA prior to development in the regulated area; - the natural heritage system be adequately protected through the Open Space System - Natural Areas designation and rezoned to an appropriate open space zoning category to limit uses to that of a natural area; - prior to site plan approval or the issuance of TRCA permits the developer will be required to 1) enter into an agreement to convey a conservation easement over the natural heritage system to the TRCA, 2) prepare a ground and surface water monitoring program to TRCA satisfaction, and 3) provide a letter of credit to the City to secure the implementation of the approved ground and surface water monitoring program and peer review of the monitoring reports; • The Ministry of Transportation of Ontario had no objection in principle and provided comments which can be summarized as follows (see Attachment #13): Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 7 minimum of 14 metre setback from the Highway property line for any new buildings/structures/significant landscape features, above and below ground; - access to be via Sideline 4; - comprehensive traffic impact study taking into account impact on Highway 7 and a stormwater management report including servicing and grading plans are required; - MTO permits are required prior to any construction; • City Development Control commented that Sideline 4 is to be upgraded to a hard surface from Highway 7 to the proposed golf course entrance and the developer will be required to enter into an agreement with the City to satisfy requirements for any off-site works (see Attachment #14); • City Municipal Property & Engineering commented that a more detailed tree inventory and preservation plan will be required during the site plan stage and City installed culvert onto Sideline 4, along with the necessary permit and fee will be required (see Attachment #15). 3.0 Discussion 3.1 City Council may consider permitting other uses and activities within the rural area by amendment to the City of Pickering Official Plan The applicant has submitted an application to amend the City of Pickering Official Plan and zoning by-law in order to permit the proposed golf facility/course. The subject lands are Rural Lands within Pickering's Rural System. The majority of the subject lands are designated Agricultural Areas. A portion of the subject lands which are in proximity to the permanent flow portion of the tributary, are designated Open Space System - Natural Areas. A small portion of the site along Highway 7-has an exception to permit a farm implement dealership and vehicle repair and service establishment. The application is to redesignate the lands from Agricultural Areas, Open Space System - Natural Areas and Exception (E1-3.20. a) to Open Space System - Active Recreational Areas. Uses permitted by the Open Space System - Natural Areas designation include among other uses, natural areas including conservation and environmental protection and active recreational, community and cultural uses. The Open Space System - Active Recreational Areas designation permits the proposed 12-hole golf course and protects the natural.heritage system. The Pickering Official Plan indicates that City Council may consider permitting other uses and activities within the rural area by amendment to the Plan subject to considering, among other development review requirements, a planning analysis, an agricultural report and an environmental report. When considering applications to amend the Plan, City Council is to consider the overall benefit to the community of the proposal. The planning analysis is required to evaluate the proposal against the relevant goals, objectives and general purpose and intent of the Plan. I Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 8 103 Planning Analysis The applicant has provided a planning report indicating that the subject property is not viable for agricultural use because of the adjacent non-farm uses and on-site restrictions. Development of the property as a golf course.addresses the goals of the Rural Lands System in providing additional job opportunities, enhancing the rural community through integrating the development into the landscape and providing a recreational opportunity for the community. The Official Plan states that Rural Lands are very diverse, supporting a variety of uses including farming, open space, golf courses and conservation areas as well as large properties used for residential purposes. The intention of the Official Plan is to provide for a diversity of uses on rural lands, especially those that provide rural economic benefits and enhance or are compatible with the rural character of the area. Agricultural Justification The applicant provided an agricultural justification report and an addendum report to justify the use of agricultural lands for non-agricultural purposes as required by City of Pickering Official Plan, the Durham Regional Official Plan and the Provincial Policy Statement (PPS). Agricultural impact reports are required to demonstrate that a proposal: • Will not significantly adversely affect the amount or quality of Class 1 to 3 agricultural lands; • Complies with the Minimum distance Separation Formulae in the PPS; and • Cannot be accommodated on less significant agricultural lands, in a rural settlement or in the urban area. The Agricultural Justification and Addendum Reports were peer reviewed through a Regional process which included City and Regional staff. The peer review concluded that the proposed golf course on the subject land is consistent with the Provincial Policy Statement, and the future planning of both the City of Pickering and the. Region of Durham. Reasons cited are that the parcel is no longer considered prime agricultural land, that the proposed golf course will not have any adverse impacts on any adjacent properties and that the future development of these lands as a golf course will have the effect of enhancing the area as it will provide a buffer between the proposed/future residential and commercial/industrial lands and any agricultural land that is to remain. The 2005 Provincial Policy Statement requires that new land uses comply with the Minimum Distance Separation (MDS) Formulae. The MDS Formulae is a land use planning tool that determines a recommended separation distance between a livestock barn or manure storage and another land use. The objective of MDS is to prevent land use conflicts and minimize nuisance complaints from odour but not for other nuisances such as noise or dust. The MDS policy requires that sensitive uses (residential and active recreational uses) be separated (buffered) from manure producing livestock operations (i.e.; neighbouring horse barns). Report -PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 9 9 ^ The Agricultural Justification Report provided by the applicant, provided MDS calculations for the Clark and Ibanez barns. The Clark farm is located across Sideline 4 to the west of the subject lands and the Ibanez farm is located southwest of the subject lands, generally southwest of Highway 7 and Sideline 4. The justification report found that the existing barns on the neighbouring Clark and Ibanez properties comply with the minimum distance separation to the proposed golf course. At the July 7, 2008, Public Information Meeting, through Councillor Johnson, David Clarke noted that he would continue to spread manure on his fields. Based on the findings of the MDS Formulae, the development of the golf course will not prohibit the spreading of manure by Mr. Clarke on his neighbouring farm, as part of his normal farming practices. i Environmental Report In support of Official Plan amendments proposing to permit other uses and activities within the rural area environmental reports are required to demonstrate that the proposed use: • Will not adversely affect the quality, or function of natural features and resources, including groundwater; and • Is energy efficient and environmentally appropriate in terms of its form, water usage and sewage disposal. The environmental impact study submitted by the applicant and peer reviewed indicates that the subject property is dominated by old field meadow and cultural thicket vegetation, including significant portions of non-native species. No woodlands, significant or evaluated wetlands, or other provincially significant features are found on or within 120 metres of the property. The majority of the land, with the exception of the tributary and wetland pool, provide low environmental constraint to development. The tributary, and wetland pool, presents a medium to high environmental constraint to development. The tributary and associated buffers are proposed to be protected through zoning prohibiting golf course use. The wetland pool is proposed to be maintained as part of the golf course, as well as the addition of other naturalized ponds. It is proposed that the intended golf management techniques will assist in mitigating the impact of the golf course development and preserving the existing natural environment providing minimal disturbance to the surrounding features and functions. It is also proposed that construction impacts will be appropriately mitigated. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 101 0 5 3.2 The applicant has made an application to amend the Region of Durham Official Plan The application is to redesignate the property from Prime Agricultural Areas to Major Open Space Areas. The Region held a Statutory Public Meeting on June 3, 2008. No members of the public in attendance at the meeting spoke in support or opposition to the application. The applicant's consultant appeared before the Regional Committee and spoke to the application and responded to the Committee's questions. At the public meeting the public was advised that the lands are located outside of the Greenbelt Plan Area and are within the area being considered for future urban expansion through the Region's Growth Plan Implementation Study. On June 3, 2009, Regional Council adopted ROPA 128 which redesignates the subject lands from Prime Agricultural Areas to Employment Areas. The redesignation provides a policy context for the development of a golf course within an Employment Area. The proposed golf course use provides an appropriate interim use for the property and the proximity of the golf course relative to the expanded Living Area provides a buffer to the future Employment Areas. Regional planning staff recommendation will be considered by Regional Planning Committee after the local Official Plan and rezoning applications are considered by the City of Pickering Council. 3.3 Audubon Cooperative Sanctuary Program for Golf Courses The applicant proposes that the Audubon Cooperative Sanctuary Program for Golf Courses (ACSP) be an integral function of the proposed golf course. The ACSP promotes ecologically healthy land management and the preservation of natural resources. The applicant's Golf Course Design and Management Plan indicates that standards set by local, provincial and federal regulation agencies overlap with those of the ACSP in many areas, including stormwater management, drainage, water conveyance, erosion/sedimentation control during construction and pesticide/fertilizer application. The ACSP promotes ecologically healthy land management and the preservation of natural resources. Important aspects of the ACSP is the establishment of the Integrated Pest (and Tu_rfgrass) Management (IPM & ITM) programs and the safekeeping of the area's water resources. Water conservation is proposed to be achieved as the combination of a shorter golf course and the use of natural grasses requires less water than a typical golf course. The area of maintained turf grass is approximately 20% that of a regular length golf course and the areas of rough grasses are only mowed occasionally, and are not irrigated. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 11 106 It is proposed that runoff volumes will remain unchanged and that the golf course will be well drained with sub-drainage systems. Gentle swales and a surface drainage system will convey surface runoff. All flows will be directed. to the proposed pond complex, where possible, to the vegetated zones alongside the stream or natural wet meadow/forested zones. The ponds will act as water quality basins designed to detain and retain all water captured during typical maintenance and rainfall events. Important aspects of the ACSP is the establishment of the Integrated Pest (and Turfgrass) Management (IPM & ITM) programs and the safekeeping of the area's water resources. The IPM program will be managed by the golf course superintendent who will have accreditation through the IPM Accreditation Program. The ITM program integrates all aspects of the golf course maintenance, as well as all other maintenance programs including irrigation, fertilizing and mowing practices and enhancement and maintenance of all natural areas. Utilizing natural grasses, shrubs and tree groupings to provide wildlife habitat and wildlife corridors, the golf course will integrate into the natural landscape (the creek valley and scrublands to the west) and enhance the existing man-made landscape that will become naturalized areas between the golf holes. 3.4 Ontario's cosmetic pesticides ban Ontario's cosmetic pesticides ban which took effect April 22, 2009, is part of the provincial government's toxics reduction strategy to reduce pollution and protect families from toxic chemicals. There are exceptions for golf courses, if certain conditions are met. Golf courses will be able to use pesticides only on the actual playing surfaces and not on lawns, gardens, patios and other outdoor areas associated with the course. Biopesticides and lower risk pesticides can be used to manage weeds, insects and plant diseases on lawns and gardens and to maintain the health of trees. In order to continue using pesticides in their maintenance operations, golf courses must be fully accredited in IPM within two years of the golf course being registered by an approved IPM accreditation body. IPM accreditation requires training of grounds-keeping staff, maintaining detailed records of pesticide use, employing alternative methods of controlling pests prior to pesticide use and participating in an annual audit process. 3.5 Hydrological and hydrogeological assessments indicate that there is adequate water quality and supply The hydrological assessment submitted by the applicant and peer reviewed concluded that the proposed development will have little to no impact on the onsite intermittent tributary and existing water quality and quantity. In compliance with the Ontario Drinking Water Standards, with nitrate concentrations typical of groundwater in rural-agricultural areas, it is recommended that site plan approval require tertiary treatment of septic waste to minimize potential impacts of the proposed septic on the water quality in the creek. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 12 107 The proposed golf course design includes a series of four ponds to be used to support course irrigation and it is expected that the ponds will reduce on-site drainage to the creek. The hydrology assessment which was also peer reviewed indicated that the reduction is minimal and development of the golf course is not expected to have any discernable effect of flow conditions in the creek. In addition, the existence of the ponds will not change the existing catchment area of the creek. The estimated water demands of the proposed golf course require a Category 2 Permit to Take Water (PTTW) from the Ontario Ministry of the Environment (MOE). A 2007 preliminary investigation suggests that wells completed in the Greenwood aquifer can produce yields to support the proposed irrigation system. The PTTW process will require a water supply assessment report identifying any degree of interference on local wells that currently exist in the Greenwood aquifer. At the July 7, 2008, Public Information Meeting, John Ward expressed concern with the possible impact on his well due to the proposed golf course. The PTTW water supply assessment report and the TRCA required ground and surface water monitoring program will address Mr. Ward's comments respecting impact on his well. 3.6 Final approval of a zoning bylaw is premature until the Ministry of Natural Resources confirms the limit of the buffers The proposed concept plan has been revised to the satisfaction of TRCA providing for the greater of either a 30 metre buffer from the watercourse, or a 10 metre buffer from top of bank. However, as of February 2009, the redside dace is listed as an endangered species under the Provincial Endangered Species Act, 2007. The redside dace is a rare minnow that'is generally considered to be an indicator species of the health of local watercourses and environmental quality in general. Redside dace have been reported in downstream reaches of Carruther's Creek north of Highway 2 in Ajax. TRCA has commented that the redside dace recovery strategy requires a buffer of 30 metres from the meander of the unnamed tributary of the Carruther's Creek. As TRCA cannot screen projects under the Endangered Species Act, 2007, TRCA requested the owner to contact MNR to advise the City on the feasibility of the creek crossings and the final limits of development and exact boundaries for open space zoning. Until the boundaries for open space zoning are finalized, it is premature to adopt and bring into force the implementing zoning bylaw. It is recommended that the proposed draft Official Plan Amendment be adopted, the zoning by-law amendment application be approved and that the draft by-law to amend Zoning By-law 3037 be forwarded to Council for approval once the Ministry of Natural Resources advises on the final limits of development and exact boundaries for open space zoning. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 13 3.7 TRCA has requested that the Owner convey a conservation easement over the natural heritage system to the TRCA Prior to site plan approval or the issuance of any TRCA permits, TRCA has requested that the owner convey to TRCA a conservation easement over the tributary and associated buffer. In general terms, a conservation easement is an encumbrance creating a legally enforceable land preservation agreement restricting development. As the tributary bisects the subject property, conveyance of the tributary to the TRCA would create a natural severance and pose difficulty in the operation of the golf course. The easement will provide a similar level of protection as public ownership and further protection will be achieved through the. Official Plan designation and rezoning prohibiting development within the tributary and buffer areas. Details of the easement are to be resolved between TRCA and the owner. The Natural Areas designation is applied only to the permanent flow portion of the tributary which is located in the south portion of the property. The remainder of the tributary to the north has an intermittent flow and will continue under the proposed extension of Highway 407 to the north. To the south the tributary runs under Highway 7, which is currently being widened. South of Highway 7 the tributary is still in private ownership until farther south where the tributary and associated buffer have been conveyed to TRCA through the registration of the Barclay Estates Plan of Subdivision, 40M-2302. Ownership of the natural heritage area will remain with the property owner and will enable the owner to provide crossing over the tributary. One combined vehicular/cart crossing and two cart crossings are proposed. TRCA will have the ability to monitor use of the natural heritage area to ensure compliance with the terms of the easement and to enforce the terms if a violation occurs. 3.8 MTO has commented that road access shall be via Sideline 4 and not Highway 7 The pre-existing Highway 7 accesses to this site do not conform to MTO standards and requirements. Site access is proposed to be relocated to Sideline 4 approximately 395 metres north of Highway 7. The access driveway has one inbound lane and one outbound lane and provides connection to an internal roadway system that crosses the tributary providing access to the clubhouse, golf simulator facility, maintenance area and associated parking areas. The existing access to Highway 7 is proposed to be gated and locked providing emergency/maintenance access only. The viability and details of the emergency/maintenance access is to be determined through site plan approval. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 14. 109 3.9 Importation of fill and topsoil and resulting truck traffic and the requirement that the implementing zoning by-law to have an 'H'- Holding Category The applicant proposes to import fill and topsoil to cover an existing fill pile and sculpt the lands into a golf course. The existing fill pile which has seen slumping is currently subject of an application with the City for stabilizing work using on-site materials. Imported fill will only be used in those areas where on-site fill generated from two ponds to be constructed cannot be utilized. Imported topsoil will be required to cover the fill and to allow proper and healthy turf grass growth and naturalized areas. The applicant has recently estimated the following amounts of clean fill and topsoil required to be imported to the site and has converted the amounts to an estimated number of trucking days: • Clean. fill: 27,300 cu. m. is equivalent to 1,428 truck trips or 36 days of trucking (40 trucks per day); • Topsoil: 6,825 cu. m. is equivalent to 357 trucks or 9 days of trucking (40 trucks per day). The impact on the surrounding community resulting from the trucking in of fill and topsoil is a concern. Also of concern is the completion of the golf course in a reasonable time. In response to these concerns the applicant proposes to accept fill and topsoil at the site between 9 am and 3 pm. Staff anticipate that the by-law to be brought forward to Council at a future date will have an 'H'- Holding Category. In order to address the concerns regarding community impact, requirements to lift the 'H' could include the preparation and execution of a development agreement addressing matters such as a construction schedule and securities. 3.10 Sideline 4 to be upgraded and other off-site works require the implementing zoning by-law to have an 'H'- Holding Category The recommended route of the Highway 407 extension is to the north of the subject site. Plans for the recommended route show Sideline 4 terminating in a cul-de-sac at the future extension. Sideline 4 will no longer be a through road at this point providing access only to the subject lands. During the environmental assessment process for the extension City staff participated in the review of whether local roads will or will not pass over the 407 extension. The recommended 407 route proposes a commercial vehicle inspection facility adjacent to the east bound lanes in the vicinity of Sideline 4 requiring a bridge having a very large span should Sideline 4 overpass the 407: Due to this technical requirement, staff have agreed to the termination of Sideline 4 at the 407 extension. Sideline 4 is required to be upgraded from a gravel surface to a hard surface from Highway 7 to the entrance of the golf course. The owner will be required to enter into an agreement with the City to satisfy the requirements for the upgrading of Sideline 4 in addition to any other off-site works including a new entrance culvert. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 15 As noted in the previous section of this report, it is anticipated that the by-law to be brought forward to Council at a future date will have an 'H'- Holding Category. Requirements to lift the `H' could include the preparation and execution of a development agreement addressing matters such as the upgrading of Sideline 4, off-site works, and the conservation easement and letter of credit required by TRCA securing the implementation of the approved ground and surface water monitoring program and peer review of the monitoring reports. 3.11 The zoning by-law is to prohibit full restaurant and banquet uses Proposed is a year round facility consisting of a 12-hole, par 3 golf course and a golf simulator facility housing 2 to 3 simulators. The marketing strategy is directed towards beginner and family golfers and providing a more affordable golf experience. While designed to be challenging enough for experienced golfers, the shorter course is intended for the golfer to work on the game and to provide for a more relaxed time frame. The applicant's Golf Market Study indicates that this type of course is unique to the region and should fill an undersupplied niche market. Food services to be provided at the clubhouse will be limited to BBQ style service and sandwich options. In order to ensure the golf course is operated as planned it is recommended that the zoning by-law limit the building gross floor areas, not permit a full restaurant or banquet use and limit ancillary uses. 3.12 A site plan can be approved, once the zoning is in force, that will reflect standards suitable for a golf course on the subject lands It is recommended that council require that the following matters be addressed through the consideration of site plan approval for this proposal: - adherence to the ACSP for golf courses; - improvements to Sideline 4 to a hard surface from Highway 7 to the proposed golf course entrance including the provision for a City installed culvert onto Sideline 4 along with the necessary permit and fee; - MTO approval of a proposed emergency/maintenance access to Highway 7; - ensure a minimum of 14 metre setback from the new Highway property line for any new buildings/structures/significant landscape features, above and below ground; - enter into an agreement with the City to satisfy requirements for any off- site works; - enter into an agreement with TRCA to convey a conservation easement over the natural heritage system to the TRCA, to the satisfaction of TRCA; - finalization of the proposed crossings of the creek; Report PD 29-09 October 5, 2009 i Subject: Kinsale Properties Ltd. Page 16 111 - monitoring reports; - tertiary treatment of septic waste; - provision of a more detailed tree inventory and preservation plan; and - other appropriate matters such as the use of meshing (if necessary) to ensure there are no errant golf balls onto Sideline 4 or neighbouring properties. 3.13 The proposed Official Plan Amendment and rezoning applications to permit a golf course are appropriate Redesignating the lands to the Open Space System- Active Recreational Areas designation is appropriate as the proposed uses are permitted by this designation, this is the designation used for other golf courses in the City and development of the golf course meets the intent of the Open Space System in the promotion of the community's physical and mental health. The design of the proposed golf course recognizes existing site conditions and utilizes naturalized areas for the integration of natural features into the development. The key on-site natural features are intended to be protected through the use of zoning provisions and a conservation easement in favour of the TRCA ensuring consistency with the intent of the Official Plan policies in Section 13.4 - Design with Nature. Evaluating the Kinsale Properties Ltd. proposal against the City Official Plan criteria for considering other uses and activities within the rural area by amendment to the Plan and recommends an amendment to the Official Plan redesignate the lands west of the Hamlet.of Kinsale, generally at the northeast corner of the intersection of Highway 7 and Sideline 4 to Open Space System - Active Recreational Areas, as set out in the draft amendment in Exhibit "A" to this report. The amendment must await the approval of the related Regional Official Plan Amendment prior to coming into effect. The zoning by-law amendment application is also recommended for approval and is recommended to be forwarded to Council for enactment once the Ministry of Natural Resources advises the City that the final limits of development and boundaries for open space zoning are appropriate. The zoning by-law amendment may require an 'H'- Holding Category. Requirements to lift the 'H' could include the preparation and execution of a development agreement addressing matters such as the upgrading of Sideline 4, off-site works and the- conservation easement in favour of TRCA over the tributary. 4.0 Applicant's Comments The applicant is aware of the contents of this report and concurs with staffs recommendations. Appendix: Appendix I: Draft By-law to Adopt Amendment 20 to the Pickering Official Plan Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 17 Attachments: 1. Location Map 2. Applicant's Conceptual Site Plan 3. Text of Information Report No. 12-08 4. Minutes from July 7, 2008 Statutory Public Information Meeting 5. Region of Durham Planning Department 6. Region of Durham Works Department 7. Region of Durham Health Department 8. Town of Whitby 9. Town of Ajax 10. Ministry of Agriculture, Food and Rural Affairs 11. Veridian 12. Toronto Region and Conservation Authority 13. Ministry of Transportation 14. Development Control Comments 15. Municipal Property & Engineering Comments Prepared By: Approved/Endorsed By: Deborah Wyli MCIP, RPP Neil Carro CIP, RPP Senior Planner - Policy Director, Planning & Development Lynda T lor, MCIP, PP Manager, Develop "ent Review DW: LT: jf Copy: Chief Administrative Officer Recommended for the consideration of Pickering City o. T as J. Q inn D VR, MM III Chief Adminis ive O 113 APPENDIX NO. I TO REPORT PD 29-09 BY-LAW TO ADOPT AMENDMENT 20 TO THE CITY OF PICKERING OFFICIAL PLAN 114 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. A OR fT Being a By-law to adopt Amendment 20 to the Official Plan j for the City of Pickering. (OPA 05-04/P) WHEREAS pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of The Corporation of the City of Pickering may by by-law adopt amendments to the Official Plan for the City of Pickering; AND WHEREAS pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and Housing has by order authorized Regional council to pass a by-law to exempt proposed area municipal official plan amendments from its approval; AND WHERERAS the Region has advised that this Amendment is NOT exempt from Regional approval; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. That Amendment 20 to the Official Plan for the City of Pickering, attached hereto as Exhibit "A", is hereby adopted; 2. That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments, to seek Regional approval of an Amendment to the Pickering Official Plan; 3. This By-law shall come into force and take effect on the day' of the final passing hereof. BY-LAW read a first, second and third time and finally passed this day of 2009. David Ryan, ~jti~ Debi A. Wilcox, City Clerk i III Exhibit "A" to By-law 115 AMENDMENT 20 TO THE PICKERING OFFICIAL PLAN 116 AMENDMENT 20 TO THE PICKERING OFFICIAL PLAN, PURPOSE: The purpose of this amendment is to redesignate the subject lands from "Agricultural Areas", "Open Space Systems - Natural Areas" and "Exception (E1-3.20.a)" to "Open Space System - Active Recreational Area" in order to permit the .establishment of a golf course with a maximum of a 12-holes with associated uses including a clubhouse, indoor golf simulator facility and maintenance buildings/sheds. LOCATION: The subject lands consist of a total area of approximately 29.9 hectares. They are located west of the Hamlet of Kinsale, generally at the northeast corner of the intersection of Highway 7 and Sideline 4. The lands have frontage on Sideline 4 and Highway 7, in the City of Pickering, Part of Lot 4, Concession 6. BASIS: The amendment has been determined to be appropriate for the following reasons: • It will provide the opportunity of development of a golf course that has been determined to be an overall benefit for the community; • It is not contrary to the Rural Lands goals, objectives, purpose and intent of the City of Pickering Official Plan; • It has been demonstrated to the City's satisfaction that the proposed use will not significantly adversely affect the amount or quality of Class 1 to 3 agricultural lands; is located and will be operated in compliance with minimum separation distance formulae; will not. adversely affect the quality or function of natural features, and resources, including groundwater; and is environmentally appropriate in terms of its water usage and sewage disposal. In addition, the related application to amend the Regional Official Plan has also been. determined by the City to be appropriate and comments in support of the required Regional Amendment are being forwarded to the Region with the Amendment. I Amendment 20 to the Pickering Official Plan Page 2 117 ACTUAL The .City of Pickering Official Plan is hereby amended by: AMENDMENT: 1. Amending Schedule I - Land Use Structure by designating lands on the north side of Highway 7, as illustrated on Schedule 'A' attached to this amendment; IMPLEMENTATION: The provisions set forth in the City of Pickering Official Plan, as amended; regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the City of Pickering Official Plan, as amended; regarding the interpretation of the Plan shall apply in regard to this Amendment. SCHEDULE A' EXISTING OFFICIAL PLAN O r - - - - - - - - - - - - - - - - - - - - - - - - - - - - w E3 - doo w - z LL M i 31 ° E1 o NSk . pj / CON- R(_:-.[ i H163 ~A N _ - i - - - - - - _ GREEIWOO o E2 - a ' W - AND AREA o k4 J BARCLAY J ESTATES EXTRACT OF SCUFDULE I TO TIIE LAND USE STRUCTURE PICKERING OPEN SPACE SYSTEM FREEWAYS AND MAJOR UTILITIES OFFICIAL PLAN NATURAL AREAS M CONTROLLED ACCESS AREAS =ACTIVE RECREATIONAL AREAS EDMON5 OTHER BOUNDARIES AGRICULTURAL AREAS C-, SUBJECT LANDS RURAL SETTLEMENTS OTHER DESIGNATIONS COUNTRY RESIDENTIAL ® RURAL CLUSTERS ® EXCEPTIONS a - RURAL HAMLETS RURAL STUDY AREAS E PWNC CROF PICKERING 0 DEVELOPMENT DEPARTMENT oT oECE39ERn2oosI N I-N OPA 05-04P & A 33/05 0 E3 - iii i / J - _ _ i LL 31 o o NSAL CON. ROAD D r_, Lf) HiV WA No_~7 - - REENWOOD W E2 o AND AREA w J B LAY d r w w ~ Q 1 _ J ESTATES EXTRACT OF SCHEDULE I TO THE LAND USE STRUCTURE PICKERING OPEN SPACE SYSTEM FREEWAYS AND MAJOR UTILITIES OFFICIAL PLAN NATURAL AREAS = CONTROLLED ACCESS AREAS ® ACTIVE RECREATIONAL AREAS EDITION? - OTHER BOUNDARIES AGRICULTURAL AREAS C-] SUBJECT LANDS RURAL SETTLEMENTS e OTHER DESIGNATIONS =COUNTRY RESIDENTIAL _ RURAL CLUSTERS ® EXCEPTIONS w - RURAL HAMLETS RURAL STUDY AREAS Cln OV PICKERING , PLANNING 4• DEVELOPMENT DE PARTMENT of f~NEEei., zoos N I ATTACHMENW ~ , o TO! 1 1 9 REPORT# PD Q SUBJECT KI SALE OPERTY z W 0 WA W Q z z o ARCLAY ESTATES w 0 City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART LOT 4, CONCESSION 6 00~0 OWNER KINSALE PROPERTIES DATE AUG. 20, 2009 DRAWN BY JB FILE No. OPA 05-04/P & A 33/05 SCALE 1:10000 CHECKED BY RP N oTeronelrcEnterprises lnc. ontl ita suppliers. All rights Reserved. Not a plan of survey. PN-RUR 2005 MPAC ontl its suppliers. All rights Reserved. Not o plon of Survey. INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN - KINSALE PROPERTIES LTD. A 033/05 O PA 05-04 m o ~o = -o 0 a~ 75 All i - ~PDY~d ,#3 I rai., r.a I ~POwd# + 1 I '~ryIJ c~u owse, 100 PARKING sv id zb sPln11 i 1 ~J q ~tq°~ ~ vpw~ #1 II I q I \ 3 _ (fir" ~ ~ ,y G! I P11TO Offset HIGHWAY #7 I N M'S ANP WAS PRODUCED BY rNE CNY OF P/C7fE P N/ND & DEWMOPMEWr OEP,VAM&Vr, IWOMM 1701V s SUPPW 5-RNMEN, AWUSr 20, 2009. r_7 ATTACHMENT#~TO REPORT# PD 9' 121 PICKERING INFORMATION REPORT NO. 12-08 FOR PUBLIC INFORMATION MEETING OF July 7, 2008 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Official Plan Amendment Application OPA 05-04/P Zoning By-law Amendment Application A 33/05 Kinsale Properties Ltd. (Part of Lot 4, Concession 6) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject site is located west of the Hamlet of Kinsale, generally at the north-east corner of the intersection of Highway 7 and Balsam Road (Sideline 4), a property location map is provided for reference (see Attachment #1); - the eastern portion of the subject land is covered by a large mound of fill that was the result of extensive filling by the property owner; the filling operation ceased in 2002; - an intermittent stream, which is an unnamed tributary of Carruther's Creek traverses the site from north to south; - a small portion (approximately 1.2 ha) of the site was used for commercial purposes, most recently a marine service operation/truck maintenance facility, one structure from this operation remains on the site, and the remainder of the site is vacant; - the surrounding land uses are: north - agricultural land, hydro corridor and the recommended route alignment for Highway 407; south - Highway 7, a vacant residential dwelling, and agricultural land; west - residential dwelling, a property maintenance company, active agricultural land and a hydro corridor; east - agricultural land (orchard), a vacant parcel and the Hamlet of Kinsale. I ATTACHMENT#~-O TO Information Report No. 12-08 REPORT# PDT.- L 0. G Page 2 122 2.0 APPLICANT'S PROPOSAL - the applicant has submitted an application to amend the City of Pickering Official Plan and zoning by-law in order to implement the proposed golf facility/course; - the applicant has also submitted an application to amend the Region of Durham Official Plan in order to redisignate the property from Prime Agricultural Area to Major Open Space Area in order to permit the golf course; - the applicant is proposing to develop a 12-hole golf course with maintenance buildings, a clubhouse with limited food services, and a separate building with an indoor golf simulator; - the design of the golf course utilizes the existing fill mound with a number of golf holes, two ponds and the clubhouse proposed to be on top of the mound; - the site design incorporates a buffer strip of 30.0 metres on either side of the stream; - a new entrance to the site is proposed to be established from Balsam Road, the existing driveway from Highway 7 is proposed to be altered and not used for the day-to-day operations but rather used for emergency vehicles only; - proposed buildings include a clubhouse, maintenance buildings and an indoor golf . building for a golf simulator (see Attachment #2 - Applicants Submitted Plan); 2.1 Development Detail The following are the proposed development details for this application: Official Existing - Agricultural Areas, Open Space Systems - Natural Plan . Areas for the area in proximity to the stream and a portion of the site has an exception to permit a farm implement dealership and vehicle repair and service establishment; Proposed - Active Recreational Area and delete the exception; Zoning Existing - "A" - Agricultural and "A(FID)" - Agricultural-Farm Implement Dealership in ' Zoning By-law 3037 as amended by By-law 1751/83; Proposed - "A/GC" in order to permit proposed golf course and accessory uses and "OS-HL" that recognizes the stream corridor; Uses Existing - former agriculture land that have been filled and is currently vacant land; Proposed - 12 hole golf course; Gross site area - 29.9 hectares Frontage on Balsam Road - 548 metres Frontage on Highway 7 - 363 metres Commercial gross floor area - 321 square metres Clubhouse parking spaces - 100 Golf simulator building parking spaces - 28 Total parking spaces - 128 ATTACHMENT#.. -M Information Report No. 12-08 REPORT# Pn 9 9' Page 3 123 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan the Durham Regional Official Plan designates the subject lands as Prime Agricultural Area, where prime agricultural lands are predominate, they also include areas of lesser agricultural significance (Canada Land Inventory Classes 4 to 7 soils) and additional areas where there is a local concentration of farms which exhibit characteristics of ongoing agriculture; the Durham Regional Official Plan states that new and expanding major recreational uses, shall not be permitted in Prime Agricultural Areas, the definition of major recreational uses includes golf courses, therefore the proposed use is not permitted in the current.land use designation; - the application proposes to redesignate the site to Major Open Space Area, this designation includes key natural heritage features or hydrologic features, prime agricultural lands as well as lands of lesser agricultural significance; - the Durham Regional Official Plan states that "new and expanding major recreational uses and accessory facilities may be permitted in. the Major Open Space Areas by amendment to the Regional Official Plan, or an area municipal official plan"; - The Region of Durham is currently evaluating the proposed official plan amendment and hosted a public meeting on June 3, 2008; 3.2 Pickering Official Plan - the Pickering Official Plan designates the majority of the subject lands as Agricultural Areas, for the area in proximity to the stream the lands are designated Open Space Systems Natural Areas and a small portion of the site along Highway 7 has an exception to permit a farm implement dealership and vehicle repair and service establishment; - permissible uses within the Agricultural Areas designation include, amongst others, primary agricultural uses, farm related agricultural dwellings, and complementary and supportive agricultural uses; - permissible uses within the Open Space System - Natural Areas designation includes conservation passive recreation and agricultural uses outside of the valley and stream corridors; - for the lands covered by the exception a farm implement dealership and road vehicle repair and service establishment is permitted along with the uses permitted by the underlying Agricultural Areas uses; - the applicant has submitted an application to.amend the Official Plan to change the designation to Open Space System - Active Recreational Areas in order to permit the proposed golf course (see Attachment #3 - applicants proposed amendment); - the application will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the application; ATTACHMENT. 3 ._TO Information Report No. 12-08 REPORT# Pn -22- Q 5 Page 4 24 3.3 Zoning By-law 3037 - the subject lands are currently zoned "A" - Agricultural Zone and "A(FID)" - Agricultural-Farm Implement Dealership in Zoning By-law 3037 as amended by By-law 1751/83; - the "A" - Agricultural Zone zoning permits, amongst other things, agricultural uses, a detached.dwelling and agricultural related business; - the "A(FID)" - Agricultural-Farm Implement Dealership zoning permits a farm implement dealership and an automobile repair shop; - an amendment to the zoning by-law is required to implement the applicant's proposed development; - the owner has requested an "A/GC" - Agricultural/Golf Course zone for the lands to be used for the golf course and an "OS-HL" - Open Space Hazard Land zone for the stream corridor and buffer strip. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no resident comments have been received to date; 4.2. Agency Comments no agency comments have been received to date; 4.3 Staff Comments - in reviewing the applications 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 including traffic, noise, level of activity, scale and intensity of the uses; • reviewing the application in terms of its level of sustainable development components; • reviewing the application in terms of the land use to determine if a golf course is needed or whether the lands should remain for agricultural uses; • reviewing the application in terms of the constraints and benefits the application will have on both the subject property and on the surrounding community, given the function of the surrounding community; • need to consider the environmental impacts on the tributary of Carruther's Creek from the proposed development; • reviewing that adequate information has been provided, that technical requirements are met and that the proposed development is appropriate at, this location; ATTACHMENT# ~ _TO Information Report No. 12-08 REPORT#PD ~9'~--- Page 5 125 - the Planning & Development Department will conclude its position on the applications after it has received and assessed comments from the circulated departments, agencies and public. I 5.0 PROCEDURAL INFORMATION 5.1 Official Plan Amendment Approval Authority the Region of Durham is the approval authority for local official plan amendments when there is a Regional Official Plan amendment required; 5.2 General - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to 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; - if you wish to be notified of Council's adoption of any official plan amendment, you must request such in writing to the City Clerk; if you wish to be notified of the decision of the Region of Durham with respect to the proposed amendment to the official plan, you must make a written request to the Commissioner of Planning, Region of Durham Planning Department. 6.0 OTHER INFORMATION 6.1 Appendix No. list of neighbourhood residents, community associations, agencies and City Departments that have commented on the application at the time of writing the report; Information Report No. 12-08 ATTACHMENT#=T0 Page 6 126 REPORT# PD,. a 0 2 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 following reports were submitted in support of the application: • Planning Report (MHBC Planning, April 2008); • Agricultural Justification Report (Miller Golf Design Group, April 2008); • Golf Course Design and Management Plan (Miller Goff Design Group, July 2007); • Golf Market Study (Miller Golf Design Group, March 2008); Traffic Impact Study (C.C. Tatham & Associates Ltd., July 2007); Environmental Impact Study (Gartner Lee Limited, July 2007); • Phase 2 Environmental Site Assessment (Green-Tech Environmental Engineering Ltd., October 2002); • Environmental Site Inspection (Green-Tech Environmental Engineering Ltd., March 2008); • Hydrogeological Assessment (Golder Associates, May 2006);; • Well Construction and Testing Report (Golder Associates, July 2007); • Sustainability Report (Miller Golf Design Group, February 2008); and • Stage 1 and 2 Archaeological Assessment (October 2007); - 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 / Applicant Information the owner of the subject lands Kinsale Properties Ltd.; James Sabiston is the principal of Kinsale Properties Ltd.; Pierre Chauvin of MHBC Planning is the agent for the application. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Ross Pym MCIP, RPP Lynda Taylor, MCIP, RPP Principal Planner - Development Review Manager, Development Review RP:ld Attachments Copy: Director, Planning & Development ATTACHMENT#~TO REPORT# PD_ 9 -o 9 Excerpts from. C/rr Joint Planning & Development 12 7 Committee & Executive Committee Meeting Minutes Monday, July 7, 2008 7:30 pm - Council Chambers Chair: Councillor Pickles (1) PART `A' - PLANNING INFORMATION MEETING Information Report No. 12-08 Official Plan Amendment Application OPA 05-04/P Zoning By-law Amendment Application A 33/05 Kinsale Properties Ltd. (Part of Lot 4, Concession 6) 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 Kinsale Properties, Ltd. for property being composed of Part of Lot 4, Concession 6. 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 official plan amendment application OPA 05-04/P and zoning amendment. application A 33/05. Pierre Chauvin, MHBC Planning and Jason Miller, Miller Golf Design appeared before the Committee in support of the applications. With the aid of a powerpoint presentation Mr..Chauvin noted that the golf course would be naturally integrated into the landscape and that 60% of the site would remain naturalized. He noted that there would be minimal impact on the creek and that the studies completed on water levels showed that the golf .course would not impact water levels. He stated that continual 'investigations would be ongoing in regards to water levels. Mr. Chauvin also noted that the use would not impact the agricultural uses in the area and felt that. even though the property was zoned agricultural the lands were not prime agricultural lands. Councillor Johnson noted that David Clarke, a long time Pickering farmer, could not make the meeting but wanted to have it noted that he 'would continue to spread manure on his fields to the north east of the golf course. ATTACHMENExcerpts from: 2 8 REPORT# PD a 9 9 qty O0 Joint Planning & Development Committee & Executive Committee Meeting Minutes Monday, July 7, 2008 7:30 pm - Council Chambers Chair:. Councillor Pickles Written correspondence from Mr. John Ward, 3290 Hwy 7, Pickering, noting his .concern with possible impact on his well due to the development was provided to the Committee. No members of the public in attendance at the public information meeting spoke in support or opposition to Application A 33/05. I I ATTACHMENT#--TO REPORT# PD 29 August 5, 2008 ' r Ross Pym, MCIP, RPP . The Regional Princi Pal Planner- Development Review Munici all ty of Durham City of Pickering Planning. Department -Pickering CIVIC COmpleX One The Esplanade 605 ROSSLAND ROAD E Pickering ON L1 ,V 6K7 4`FLOOR PO BOX 623, WHITBY ON L1N 6A3 Dear Mr. Pym: CANADA 905-668-7711 . Fax: 905-666-6208 Re: Application to Amend the City of -Pickering Official Plan E-mail: planning File. No.: OPA 05-04/P M gion.durham.on.ca. ZBA File Nb.:A 33/05 www.region.durham.on.ca CTOSS Ref.:. OPA 2008-001 XL Georglefi, MC10,-Rpp Applicant: Kinsale Properties Limited Commissioner of Planning Municipality: City of Pickering We acknowledge receipt:of.the above noted application..This proposal is also the subject of pan application to amend the: Durham Regional Offcial'Plan; which has been circulated to your municipality and review- agencies.for comments: Please call Lori RiViere, Project Planner; if you have any questions. Yours truly, Kai Yew, Manager Planlmplementation Current Planning LOPA3:ps h;12-5\amopa\plckering\20051P-05-04\AM-ACKNOWLEDGEMENT "Service, Excellence for our Cgl rinunltles 10056 Post Consumer - 1 w uviuinrAMUIU1v t)UbbbbbGUU Y.U02/003 ATTACHMENT, 6 TO' INTE~20F~~CE `.iVIENEO.RA'N:DUM Lori ,Riviere. ; Current. Planning e .Proem:, •Pete'Castellain `Development Approvals .1330 Date:. MayA4' ••2008.,--. : `e.Re `rnnai ApplicationAo~•Amend the 'Durham'~Regional -Official. Plan . Munwpali~y fite.No:: OPA 2008-001 of Durham , ; Kinsale' PYoperties limited' 1Norkg Deparfr►7ent . .,3160 .Hig hway; No: 7 City; :Pickering: 605 ROSSIAND RID. %E.:.' . RO_: BOX 623 , WHITBY ON' L1 N 6A3 . CANADA 805:668,771:1•' ,:The 'Regio:nif . Works. Deoirtm6nt .ttas. revieWed:'the above- mentioned.. . -soo;3~2-~to2"' :.Official' Plan•Amefy&n6nt application.: and has n*0 objectio,rr .to. fu.rkher. :.sos-ssa~aos~ focessin ofAhe'application~` . p 9 : world®regiottdufiarr,on:Ca:' :.The proposal submitted-bythemapplicant.:is to redesigriate!a 29:9 ha-site :regi96AUiba' m..•on,c%:- in. the Cixy:ot. P•icketing..from APrime Ak icu1tura6.Are9". to ".Major Open' s. P Space": to.peemit:th'e 'estab.lishment of'-a:12, hole .g,:>lf course. C_'R..CU Eng,:!►1Bi► a' ' Commissioner of Work Municipal Servicing Municipal' water supply. and.:sanitary';sewers are not `availab,.le to. the. property and the Region'- has•not "de'provisionin its Capita' l' Qudget for extending said services':to this;lodabon• in•the Cify of'Pickering. Transportation e subject.lands: are adjacent provincial Highway. No. 7 and the City of ' Picker-in g's Balsam::Road. -Given ,its. locafiion• and. the '.nature: of this development; this :proposal will.have•a negligible irnpact on the Regi'on's arU rial-rcad. network. ' . - - lJif3 e'~,'M ' ,1<6~N. D Yours truly',, M ' • . • A ~ ~1- 6 2008 Nrt Cdr. c:c:t'rr_S.T(D AT Pete' asteilan - , - L Developmen. Approvals Division 1---r== Ff LE# fo Wes".. l" : 10096 P6atc6nsumer ATTACHMENT# 7 ,_._TO REPORT# PD 0 9,_ x.3.1. TA_ k5l June2,'2008 The.Reglonal. N~ 0 3 ~w Munlcl'paRx of DurhamIi of Duiham• pMu ~c a I~• to fi' `7 P!annln 'be t.' LFlLt-w 605 ~Rossland Rd. JNhitby, ON HEALTH, LIN W" DEPARTMENT. Attention;:.Lori.Riviere, Project Planner-Cur' rent.Planning ENVIRONMENTAL HEALTH: D1VlS10Nr 101 Consumes Dr;' Dear' Madam: Floor 116.. ON.- Canada . L1N.1 C4. Re:..'. O.PA 2048-001(.Official:Plan Atmendment) Applicant: James Sabiston:(Kinsale.Propeirl es. Ltd:).' Tel. "905-723w3818.. Cit of Pickering.• Fax: sos~s~.1887: Location: Part.of Lot.4,'Conceasion 6 wwwrnglbn:durharri.an.cs The above noted application has been investigated by -:his Department. nncoredit~d : and the follpwing..is offered .for;your consideration. Pubtic-Health Agency 1.' ' The Goiden Asscociates Ltd. Report. (06-1112-507'~ated May 2006) indicates the -Total Daily Design Capac,i~ty of the private sewage. system, that wll.service:the proposed Golf Course is >W'000 1/day.: As: of.April•-6; 1998, reaulatinq onsite isewage systems with 'a total-daily desigp.capacity of =10;000 ,1/day falls under.the'Water Resources.Act, with review and approval , issuedby the.Ministry -of Environment. In this regard; the Ministry of Environment shduld be contacted for comments. .'Pte fe fr e to .contact.the'undersighed if more information, is required: r ff, C 1(C) Public -H Inspector ,Environrnental-Hexlth Division` KK/ld . Ce : h! es r(D JUN-02-2008 09:18 DURHAM REGION 9056666208 P.002/002 THE CORPORATION OF THE TOWN OF W H1TLY ATTACHMENT# ®®TO 11; 132. in the Regional Municipality of Durham MILTNICIPAL BUILA1NG TCLEYHOriI575 Rossland Road last J 905-668-5803 TORONTO F C ' NIE • . G wl1l(.I)y+ Ontario 90,x"682621 Canada LIN 2MB FAA 905-6864005 www.whitby.ca CITY OF P6CKER►NG pL.ANNING & EV ENT MEN7 PLANNING DEPARTMENT _ May 13, 2008 i ~ Lori Riviere, Planner MAY 2 8 2008 r Durham Region ar r~ ~ni CbF~i! Tn Planning Department 605 Rossland Rd. E. - Whitby, ON LIN 6A3 f , RE: NEW APPLICATION TO AMEND THE DURHAM REGGONAL OFFICIAL PLAN JAMES SABISTON (KINSALE PROPERTIES LTD.) PART LOT 4, CONCESSION 6, CITY OF PICKERING REGIONAL FILE: OPA 2008-001 The purpose of this application is to re-designate a 29.9 ha. Site from 'Prime Agricultural Area' to 'Major Open Space' to permit the establishment of a 12-hole golf course, Please be advised that the Town of Whitby Planning Department has no comment on this application. incere , Robert B. Short, MCIP, RPP Director of Planning RBS/LC/mp Cc_ City of Pickering Planning Department 0 7517Of Planning & Development Services TOWN OF AJAX Tel. 905.68345-ATTACHMENW-®Td?5 Harwood Avenue South ~ ythe ~LliXCe Fax. 905.686-0360 Ajax ON Lax 2H9 9-0j www.townofaj.com REPORW PD --2 133 August 6, 2008 Ms. L. Riviere, Planner Regional Municipality of Durham 605 Rossland Road East Whitby ON L1 N 6A3 Dear Ms. Riviere, Re: Application for Regional Official Plan Amendment Application File No. OPA 2008-001 City of Pickering Thank you for forwarding the technical reports submitted in support this application for a golf course in the upper Carruthers Creek watershed. At this time, staff have concerns about the potential downstream effects of this proposal We understand that peer reviews of the environmental impact, hydrogeolcgical and agricultural reports may commence later this month. Please keep us informed of the :Status of those reviews and forward the peer reviewers' findings upon completion. This information will assist us in assessing the extent of our concerns and preparing a recommendation report for Ajax Council's consideration Also, kindly advise us when the date for a decision report to Regional Planning Committee has been selected. Regards, 155 AIJG U 8 2x08 Barbara Hodgins, MCIP, RP ~ ; < Senior Policy Planner V _ 905-683-4550, ext. 247 barb. hodginsO ownofaiax.oom Ontario's First 150 0007 Quality Community TOTAL P.002 RECEMFED ATTACHMENT#.0 134 REPORT# PD_ 2 Ministry of Ministere de Agriculture, Food (`Agriculture, de I'Alimentation._ and Rural Affairs et des Affaires rurales );"0nta R.R. 93, 95 Dundas St., R.R. #3, 95 rue Dundas no Brighton, Ontario KOK 1 HO Brighton, Ontario KOK'1 HO Tel: (613)475-4764 Te1.`. (613) 4754764 Fax: (613) 475-3835 Te1ec.: (613) 475-3835 Food Safety' and Environmental Policy Branch Environmental Land Use Policy Unit July 14, 2008 Louis Bitonti Planner Municipal Services Office - Central Region Ministry of Municipal Affairs & Housing 777 Bay Street, 2"a Floor Toronto, Ontario M5G 2E5 Dear Louis: Subject: Durham Region OPA -.Prime Agricultural Area to Major Open Space Part of Lot 4, Concession 6 City of Pickering, Durham Region MMAH File Number: 18-DP-0012-08008 Staff of this Ministry have, completed a review of the above-noted proposal in terms of the goals and objectives of this Ministry and the criteria contained in the 2005 Provincial Policy Statement (PPS). The following technical comments are provided. The proposal is to redesignate the above noted subject lands in order to establish a 12.0 hole golf course and a indoor golf simulator centre on a 29.9 hectare parcel of land. The subject lands presently lie within a Prime Agricultural Areas designation as per the Durham Region Official Plan. The subject and surrounding lands primarily lie within an area denoted as being comprised.' of Class 1 agricultural soils as per Canada Land Inventory (CLI) mapping. a Ontario, there's no taste like home Un bon gout de chez nous ~NOCefi ATTACHMENT# TO - 2 REPORT# PD 9 ' 0.9 135 The subject lands are comprised of parcels "A & B": Parcel "A totals 28.3 hectares. The golf course and clubhouse are proposed on these lands. Approximately 8.1 hectares have been utilized as a clean earth fill site. The remaining acreage appears to be either wooded, scrub growth or idle agricultural land as per the Agricultural Justification Report (AJR). The. AJR comes to the conclusion on page 8 of this report that overall the majority of the soils on this site are not prime. ` -14owever a map and summary table has not been provided outlining the makeup and percentages of the Canada Land Inventory soil classification of the subject lands. It is recommended such documentation be provided in order to assess the consultant's conclusion in light of the PPS. Parcel "B" totals 1.6 hectares. This parcel was utilized for commercial purposes. The golf simulator centre and maintenance building are proposed on these lands. AJR - Section 4 Minimum Distance Separation, page 10 Two Minimum. Distance Separation (MDS) I calculations were completed by the consultant. A calculation was done for the Clark and Ibanez livestock facilities. Beef cattle and a L1 manure system were utilized to complete the MDS I calculations. OMAFRA concurs with. the utilization of these two factors. It is however noted in the AJR on page 11, paragraph 1 that a V3 manure storage was utilized in the MDS I calculations. It appears that a mistype has taken place. Concerning Factor ,E an encroachment Factor of 2.2 not 1.1 needs to be utilized for proposed recreational "Type 13" land use as per Implementation Guideline 36 of the 2006 MDS Formulae. Consequent - lark Barn and Ibanez Barn MDS I distance calculations would change to the following (see attachments): Clark Barn: 500 metres from the livestock barn and 512 metres from the manure storage system;. Ibanez Barn: 418 metres from the livestock barn and.433 metres from the manure storage system; Concerning Implementation Guideline 12* of the MDS I formulae (page 12 of the AJR) four or more, existing non-farm uses must be closer to the subject livestock facility and in immediate proximity to the current application. Implementation Guideline. 12 is not applicable to this application since four non-farm uses are not in immediate proximity to the subject livestock facilities. Based on these revised MDS I calculations it appears that portions of the lands to be developed will be impacted upon: Also it is noted a livestock operation has been identified in the AJR.,to lie approximately 893 metres to the north of the subject lands. A MDS I calculation is also recommended for this livestock facility utilizing an encroachment Factor of 2.2. AJR - Section 5 Provincial Policy Statement Issues, page 13 - It is our understanding the issues of need and alternative locations is to be reviewed by Durham Region as per Section 2.3.5.1 .c) (2), (3), & (4) of the PPS. rIn order to fully address Section 2.3.5.1 c) .(4) of the. PPS soil capability mapping and a summary table needs to be provided outlining the makeup and percentages of the Canada Land Invento soil classification ry of the subject lands. ATTACHMENT► - ~D ----TO - 3 - REPORT# PD,--a 9~,.® 136 While the. above. represents the Ministry's interpretation of provincial policy with regard to agricultural land, it does not reflect an overall provincial position. There may be planning concerns or interests of other agencies .that should be regarded, in addition to any municipal planning considerations. Should you have any questions or wish to discuss this matter further, please contact this office. Yours truly, Ray Valaitis Rural Planner copy, David Cooper; Manager.- Environmental and Land Use Policy Unit, OMAFRA-Guelph Minimum Distance Se aration I //MDS I Report ATTACHMENT# ~d TO MDS 1.0.0 P l _ 9 14-Jul-2008 13:49 File: IbanezJuly14.08.mds REPORT# Pd a9 ~ Page 1 Application Date: 14-Jul-2008 ? File Number: Kinsale Golf Club Preparer Information Applicant Information Ray Valaitis Unspecified County of Northumberland OMAFRA R.R.# 3, 95 Dundas,Street ' . Brighton, ON, Canada KOK 1 HO Phone #1: 613-475-4764 Fax: 613-475-3835 Email: ray.valaitis@omafra.gov:on.ca Ibanez Tillable hectares provided by Jason Miller, consultant. Adjacent Farm Contact Information Farm Location Ibanez Regional Municipality of Durham City of Pickering Geotownship: PICKERING Manure Existing Existing Estimated Form Type of Livestock Mater al Capacity NU Barn Area Solid Beef; Cows, including calves to weaning (all breeds); Yard/Barn 36 36.0 167 ml Encroaching Land Use Factor: Type B Land Use Tillable area of land on this lot:. 24 ha Manure/Material Storage Type:` L1.. Solid, outside, no cover, 18-30% DM, with uncovered liquid runoff storage Factor A (Odour Potential):. 0.7 Factor B (Nutrient Units): 388 Factor D (Manure/Material Type): 0.7 Factor E (Encroaching Land Use): 2.2 Total Nutrient Units: 36 Required Setback Actual Setback Distance from nearest livestock building.'F' (A x B x D x E): 418 m (1372 ft) Distance from nearest permanent manure/material storage 'S':. 433 m (1420 fit) Signature of Preparers Date: Ray Valaitis, OMAFRA NOTE TO THE USER: The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) has developed this software program for distribution and use with the Minimum Distance ® Ontario Separation (MDS) Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRA will be considered to be the official version for purposes of calculating MOS. OMAFRA is not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modification of the software, or errors arising out of incorrect inputting of data.. All data and calculations should be verified before acting on them. 1 ATTACHMENT- LO Tp MDS 1.0.0 + Minim (stance Separation I (MDS I) Report REPORT- Po 2' 0 c 14-Jul-2008 13:48 File: ClarkJuly14.08.mds Page 1 Application Date: 14-Jul-2008 File Number: Kinsale Glof Club Preparer Information Applicant Information Ray Valaitis Unspecified County of Northumberland OMAFRA R.R.# 3, 95 Dundas Street Brighton, ON, Canada KOK 1 HO Phone #1: 613-475-4764 Fax: 613-475-3835 Email: ray.valaitis@omafra.gov.on.ca Clark Tillable hectares provided by Jason Miller, consultant. Adjacent Farm Contact Information Farm Location Clark Regional Municipality of Durham City of Pickering Geotownship: PICKERING Manure Existing Existing' Estimated Form YYPe of Livestock/Material Capacity NU Barn Area, Solid Beef; Cows, including calves to weaning (all breeds); Yard/Barn 94 94.0 437 mz Encroaching Land Use Factor: Type B Land Use Tillable area of land on this lot: 61 ha Manure/Material Storage Type:'. L1. "Solid, outside, no cover, 18-30% DM, with uncovered liquid runoff storage Factor A (Odour Potential): 0.7 . Factor B (Nutrient Units): 464 Factor D (Manure/Material Type): 0.7 Factor E (Encroaching Land Use): 2.2 Total Nutrient Units: 94 Required Setback Actual Setback Distance from nearest livestock building `F' (A x B x D x E): 500 m (1640 ft) Distance from. nearest permanent manure/material storage 'S': 512 m (1681 ft) Signature of Preparer: Date: Ray Valaitis, OMAFRA NOTE TO THE USER: The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) has developed this software program for distribution and use with the Minimum Distance ® Ontario Separation (MDS) Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRA wilt be tl.r~GQtl'~ considered to be the official version for purposes of calculating MOS. OMAFRA is not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modification of the software, or errors arising out of incorrect inputting of data. All data and calculations should be verified before acting on them. JUN-25-2008 WED 10;12 AM veridian FAX NO, P, 02102 ATTACHMENT#-Z/--M 139 REPORT# PD.,9 VERIDIAN CON N N C C T I O N S DEVELOPMENT APPLICATION REVIEW PRQJECT NAME: :Kinsale Properties Ltd. ADDRESS/111LAN: Nordi side of Hwy #7, east of Sideline 4 (Balsam Road) MUNICIPALITY: Pickering REF NO.;. OPA 05-04/P & A 33/05 SUBMISSION DATE: ,icmc 12, 2008 The following is an oveivim of the general requirements the Applicant is likely to meet: in order to obtain a complete electrical power supply system to this site and within the site where subdivision in some form is involved. The comments below arc based on prelinunaty information only and are subject to revision. In all cases Veridian's standard Conditions of Service docutnient sets out the requirements, tenns and conditions for the provision of electric service. This-review does not constitute an Offer to Connect, 1. Veridian has no comment on this application, Tect-wical Represen tative: Denzil Samad Telephone: Ext. 3261 PP/df r PAclfrizzell\Devclopment: Application Rcview\Piclcciing\2008\:fvnsale Properties Ltd, - Hwy #7 & Sideline 4,doc I I i ATTACHMEN'1 #.G a 70 )c6irs6yvs "1~ REPORT# PD_ 9 -Q ~ ion RECEIVED do r The Living City AUG 3 12009 August 20, 2009 CITY LNG & DEVE OPMEN CFN 41023.01 PIA DEPARTMENT CFN 40123.02 BY E-MAIL AND..MAIL Lori Riviere, Project Planner Deborah Wylie,. Planner Planning Department Planning and Development Department Durham Region City of Pickering .605 Rossland.Road E., 4`h Floor One The Esplanade PO Box 623. Pickering, ON L1V 6K7 Whitby, ON L1N 6A3. Dear Ms. Riviere and Ms. Wylie: Re: Durham Region Official Plan Amendment Application No. OPA 2008-01 City of Pickering Official Plan Amendment Application No. OPA 0.5-04/P City of Pickering Zoning. By-law Amendment Application No. A 33105 3160 Highway 7 . City of Pickering James Sabiston (Kinsale Properties Ltd.) Thank you for the opportunity to review the following..third submission documents received in support of the above referenced applications fora new Golf Course at 3160 Highway 7 in the City of Pickering: • Niblett Environmental Associates Comments Report #2 & Peer Review of Environmental Impact Study and Hydrogeological Report, prepared by Miller Golf, dated April 1, 2009, received April 6, 2009; • Letter Response to TRCA SWM Comments. of March 3, 2009, prepared by C. C..Tatham & Associates,. dated April 1, 2009, received April 6, 2009; • Preliminary SWM Report, prepared by C. C. Tatham & Associates, dated April 1, 2009,xeceived April 6, 2009; • Minutes from two meetings of June 3, 2009; • Additional phosphorous calculations from CC Tatham, dated June 2, 2009, received; • Additional fisheries information from AECOM, dated May 29, 2009, received. We offer the following comments in keeping with our numbering system in our letter of October 15, 2008 and March 3, 2009, and further to our meetings of June 3 and various comments sent by e-mail to date. Identification of the Valley Corridor Drawing No. GC MP-6 in the. Miller Golf document has been adjusted to ensure no development within the 10 m buffer or 30 m from'the creek. However, please see Comment No. 9 below. Water Management 1 --6. A pre-construction, during-construction and post-construction monitoring program is required as a condition of approval. The details of the monitoring program are currently being refined and upon completion the monitoring program should be presented in one document and secured and implemented prior to site plan approval or the issuance of any TRCA permits. Comments on the monitoring received to date include the following: a. The phosphorous loading analysis provided average annual total applied rates for tees, greens and fairways for both wet and dry weather scenarios. The rates were 51, 34 and . FAHomeTublic\Development Services\Durham RegionTickerin-Wnsale golf course ldoc Member of Conservation Ontario 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (41.6) 661-6600 FAX 661-6898 www.trca.on.ca .~n ATTACHMENU _T0 ^ ~,uqust 20, 2009 ~ 4 Lori Riviere / Deborah Wylie - Page 2 of 3 -REPORT# PD 9 -d 2 n 127 kg / ha / yr. Clarification is requested as to why the application rate for fairways is about 2.5 times and 3.7 times higher-than for tees and greens, respectively. b. In terms of the:water quality.monitoring program, AECOM has proposed a three year monitoring study (1 year pre-construction plus 2 years post-construction). Due to the nature of the surficial till soil and' slow groundwater movement to reach the on-site watercourse, consideration should be given to extending the water quality program to the duration of the first Permit to take Water certificate. Generally, the duration of a golf course Permit to take Water (Groundwater) is about 5 years. The monitoring program should also examine the level of nutrients in groundwater from a piezometer situated at a location where groundwater /septic effluent could migrate to the stream. The installation of such a piezometer was not identified within the AECOM submission. C. Groundwater levels should be monitored on a regular basis (for example through . programmable pressure transducer/ datalogger units) in the irrigation pumping well PW 1, observation well OW 1 and monitoring well MW 10 for a minimum period of 3 course irrigation seasons following course opening. Evaluation of the level data along with irrigation well production volumes is recommended to assess groundwater level fluctuations, trends and whether temporary impacts to the watercourse occur during the turf irrigation season. The monitoring plan should also incorporate the installation of a shallow drive-point / monitoring well fn the area with the greatest concentration of watercress to determine if groundwater heads vary with irrigation well pumping. Interpretation of the accumulated data is recommended to determine if the irrigation well pumping regime should be modified to minimize impacts to the nearby watercourse. That is, the monitoring results should be reviewed by an ecologist to determine any impacts on the watercourse and the proponent should be required through agreement (ie. site plan or other development agreement) to actively adapt the irrigation to avoid any impacts. Natural Heritage System 9. Creek Crossings. As discussed at our meeting of June 3, 2009 and in our e-mail comments of May 28, 2009, TRCA ecology staff support the reduction of creek crossings, but would like to see the number further reduced to minimize the potential for negative impacts to aquatic habitat and redside dace in particular. For those crossings. which must be constructed, again, TRCA ecology staff support the proposal for clear span crossings, but request commitment to the following considerations for siting of the crossings: a. Choosing appropriate sites for the crossings will be critical in terms of minimizing impacts to redside dace. Specifically, aquatic features used by redside dace for spawning or refuge should be avoided. These would include riffles and refuge pools. b. If crossings are going. to be constructed in intermittent sections of the watercourse, it is particularly important that these crossings avoid any refuge pools which may remain as isolated areas during dry periods. Shading of these areas from a crossing could jeopardize the ability of RSD to use the pools. The proposal provides the greater of either a 30 m buffer from the watercourse, or a 10 m buffer from top of bank.. The redside dace recovery strategy being developed calls for a buffer of 30 m from meanderbelt. We have discussed this with MNR staff and we advise the proponent to contact MNR directly regarding the project and submit any necessary information they require in order to determine the feasibility of the creek crossings and the final limits of development and exact boundaries for open space zoning. The contact person to whom all inquiries and submissions in this regard are to be made is Melinda Thompson-Black (melinda,thompson-black(cDontario.ca). TRCA cannot screen projects under the ESA as this is MNR's responsibility. 11. Buffers. Comment addressed. However, see Comment No. ~9. F:\Home\Public\Development Services,.Durham Region\Pickering\kinsale golf course_3.doc ATTACHMENT#-2 -TO Lori Riviere / Deborah Wylie - Page 3 of 3 _iEPORT# PD- a - u ust 20 2009 Stormwater Management 12 - 15. [Comment to be addressed at Site Plan stage]. There is a discrepancy between the flows in the consultant's hydraulic model and TRCA's hydraulic model. The flows used in the consultant's hydraulic model should be consistent with those in the TRCA's existing hydraulic model of the reach as TRCA's model ends at the downstream limit of the site. Furthermore, we recommend that, rather than a separate stand-alone model of the reach, the consultant append their model to the existing Carruthers hydraulic model. It is noted that there is a significant discrepancy between the width of the proponent's Regional Storm flood plain north of Highway 7 and that on TRCA's mapping. The proponent should submit a digital copy of the hydraulic model and mapping for TRCA review. Please contact Tom Dole at Ext. 5659 to obtain the relevant information. [Comment to be addressed at Site Plan stage]. The flows presented in Table 2 of the SWM Report are listed as being for the Carruthers Creek at Highway 7. However, the model output in the Appendices indicate that the external drainage area has not been accounted for as the total area to Highway 7 in the model is only given as 28.1 ha in pre-development and 26.14 ha in post-development. However, from the TRCA catchment map the drainage area to Highway 7 is approximately 140 ha. The flow table should be updated accordingly. Recommendation We have no objection to the approval of the proposed Official Plan Amendments and Zoning Amendment, subject to the applicant confirming MNR acceptance of the buffers and the following. 1. The natural heritage system includes the creek and buffer zones identified on Drawing GC MP-6 (or as refined by MNR). The natural heritage system shall be adequately protected through designation as Open Space System - Natural Areas in the Pickering Official Plan and rezoned to an appropriate open space Zoning category to limit uses to that of a natural area. 2. The development agreement should include the following requirements to be satisfied prior to site plan approval or the issuance of any TRCA permits: a. The Owner shall convey a conservation easement over the natural heritage system to the TRCA, to TRCA satisfaction. b. 'The Owner shall prepare a ground and surface water monitoring program to TRCA satisfaction. C. The Owner shall provide a letter of credit (or other security) to the Region of Durham or the City of Pickering to secure the implementation of the approved ground and surface water monitoring program and peer review of the monitoring reports prior to site plan approval. We trust this is satisfactory. Please feel free to contact me if there are any questions. Sing rely, teven H. Heuchert, MCIP, PP, MRTPI Manager, Development Planning and Regulation Planning and Development Extension 5311 cc. Gregg Law, Durham Region Pierre Chauvin, MHBC Planning Jason Miller, Miller Golf Philip Niblett, Niblett Environmental Nyle Mcllveen, Geo-Logic Inc. Melinda Thompson-Black, MNR FAHomeTublic\Development Services\Durham RegionTickering\kinsale golf course_3.doc ATTACHMENT# Z3 TO REPORT# PD. .9 143 Ministry of Transportation Ministere des Corridor Management Section Transports Centrat Region Section de la gestion des couloirs routers 7Floor, Bid D Region du Centre r 1201 Wilson Avenue 7e etage, edifice D • Downsview, ON M3M 1,18 1201 avenue Wilson Ontario Tel (456) 235-5559 Downsview ON M3MiJ8 Fox (416) 235-4267 T61: 416 235-5559 bryan. porter@ ontano. ca Te1ec:416 235-4267 bryan. porter@ontario. ca September 3, 2009 Ms. Deborah Wylie, Senior Planner Planning and Development Department Pickering Civic Complex One the Esplanade Pickering, ON I,IV 6K7 Re: Official Plan Amendment Application OPA 05-04,T Zoning By-law Amendment Application A33105 Kinsale Property 3160 Highway 7 Pt. Lot 4, Cone. 6 Town of Pickering Dear Ms. Wylie: In follow-up to your August 26, 2009 e-mail the ministry has no record of previously commenting on the applications noted above therefore thank you for giving the ministry the opportunity to provide these comments. The ministry has reviewed the applications noted above and while we have no objections in principle please note the following comments: The ministry will require that any new bttildingsl'structures/significant landscape features, above and below ground be setback a minimum of 14m from the Highway 7 property line. Further; no features/services essential to the operation of the site shall be located within the 14m setback area. Based on the change of use of this property the pre-existing Highway 7 accesses to this site do not conform to ministry standards and requirements. As this site is adjacent to a municipal road, access shall therefore be via the side road and not the provincial highway. The ministry will require a comprehensive Traffic Impact Study which takes into account the impact of this development on Highway 7 and the intersection at Sideline 4. The ministry will require a Stormwater Management Report including site servicing and grading plans. In view of. 'The ministry's Highway 7 widening project future plans must show the revised ministry property boundary. Please note that the Master Plan drawing,VIP-I dated April 30, 2008 does not show the current ministry property limit. Further information regarding the ministry's property limit can be found by contacting iNlr. Wayne Bell, Project Engineer at (416) 235-5007. As this proposed development is within 45m of the Highway 7 property line and 1.80m of the centre point of the intersection of Highway 7 and Sideline 4 ministry permits are required prior to any construction I 1 4 4 ATTACHMENT#_.~-TO REPORT# PD a 9 - o taking place. For further permit information or if you or the proponent has any questions please contact this office at (416) 235-5559. Yours truly, Bryan Porter Permits Officer-71 echnician cc. W. Bell, MTO C. Petro, MTO ATTACHMENT#~TO 1 4 5. REPORT# PD- 9 9 - © of PICKERING MEMO To: Ross Pym August 21, 2008 Principal Planner - Development Review From: Robert Starr Supervisor, Development Control Copy: Coordinator, Development Approvals Subject: Official Plan Amendment Application OPA 05-04/P Zoning By-law Amendment Application A33/05 Kinsale Properties Ltd. (Part Lot 4, Concession 6) Plan/Document Dwg. No. Date Site Grading & Erosion and Sediment SG-1 Jan./03 Control Plan by C.C. Tatham & Associates Ltd. Details & Notes DE-1 Jan./03 by C.C. Tatham & Associates Ltd. Environmental Impact Study July 2007 by Gartner Lee Limited. We have reviewed the above noted Plans and Documents and our comments are as follows: General Comments 1. Improvements to Sideline 4 (Balsam Rd.) will need to be addressed as a condition of the rezoning application. 2. The developer will be required to enter into an agreement with the City to satisfy requirements for any off-site works. The following comments are to be addressed with the Site Plan Application. 1. A Stormwater Management Report is required which addresses Quality and Quantity Controls.. The design of the proposed on-site SWM Ponds is to be included in the report. ATTACHNIENW ~ TO REPORT# P0. a ` 0 146 2. A. Construction Management. Plan will be required that addresses but is not limited to: Mud and dust control, on-site contractor parking, working hours as per City. of Pickering By-laws, vehicle. refueling locations,, material storage, etc. 3. We will require separate Grading and Erosion & Sediment Control Plans to be submitted at. the Site Plan stage. 4. All proposed roadways and cart paths are to be indicated on the Grading Plan along with the location and depths of the proposed storm water management ponds. 5. Provide a detail of the crossings over the "Un-named tributary of Carruthers Creek 6. Indicate on all relevant drawings that: "The Owner will be required to apply for an entrance permit for the proposed new.entrance on Sideline 4. The City will install the new entrance culvert at the owner's expense." The proposed length of the culvert is to be indicated as well.' 7. The drawing is to be revised to reflect the Miller Golf Design. Group master plan. The master plan indicates only 4 ponds not 6 ,as shown on this plan: y August 21, 2008 Page 2 Official Plan. Amendment Application OPA 05-04/P . Zoning By-law Amendment Application A33/05 ATTACHMENT#~TO City n~ REPORT# PD..a 9 O 9 1 4 7 PI KERING MEMO To: Ross Pym July 29, 2008 Principal Planner - Development Review From: Marilee Gadzovski Stormwater & Environmental Engineer Copy: Richard Holborn Bob Starr Subject: Official Plan Amendment OPA 05-04/P Zoning By-law Amendment A33/05 Kinsale Properties. Ltd. Part of. Lot 4, Concession 6 I have reviewed the reports that were circulated for the above-mentioned applications and have no major objections to the re-zoning application. I do have some reluctance to this re-zoning as they do not have a PTTW from MOE yet. Has there been any indication if they have applied for this yet, or when they expect their permit? However, I do have some comments for the proponent to keep in mind during detailed design of .the site plan. Hydrogeological Assessment by Golder Associates Ltd, May 2006 1. This Hydrogeological Assessment incorrectly identifies the tributary that crosses the site as Brougham Creek, a tributary of Duffins Creek. The tributary is actually part of the Carruthers Creek watershed., 2. Section 2.2.2 stated that the water resources monitoring was conducted during Sept. 2003, Oct. 2003 and Feb. 2006. More monitoring should be taken during the typical wet and dry periods, spring and summer, respectively. It is necessary to get a better understanding of the spring water and groundwater levels as this could impact the functioning of the proposed irrigation ponds and. the elevation that the liner will need to be constructed to. As well, the impacts of the proposed golf course development on the baseflow contributions to the adjacent creek during the summer needs to be assessed J 9 , as this could be more critical than the fall period. 3. The pre-development water budget values stated in Section 2.6 do not match the values in Table 5. ATTACHMENT-L-TO 148 REPORT- PD ^ d 4. The proponent should consider taking the clean roof runoff from the proposed clubhouse facility to a pervious pipe system to help offset the impacts of this facility on the reduced groundwater infiltration and baseflow contributions. Site Grading Plan by CC Tatham & Associates, Jan. 2003 5. The full size Site Grading Plan, SG-1 and Details Plan, DE-1, that were circulated do not appear to match the proposed grading in the Kinsale Master Plan, May 2007 that was in most of the other circulated reports. The 2003 Grading Plan proposes 6.irrigation ponds, while the 2007 proposed Grading Plan only proposes 4 irrigation ponds. Moreover, the 2003 Details Plan, DE-1 plans show side slopes for the irrigation. ponds of 2:1. Due to the very real safety concerns, side slopes should have amore gradual 4:1 or 5:1 slope from the normal water level to the pond bottom. If this grading cannot be achieved then terraced grading at the permanent pool elevation must be implemented as this is critical in order to minimize the. potential for people to fall into the pond. 6. The 2006 Erosion & Sediment Control Guideline for Urban. Construction should be used . when preparing the Erosion and Sediment Control Plan (ie. sediment fence detail etc.) Official Plan Amendment OPA 05-04/P Zoning By-law Amendment A33/05 Page 2 Kinsale Properties Ltd. Part of Lot 4, Concession 6 caq D~ ATTACHMENT#-Li-TO 14.9 ion REPORT# PD o2 9 PICKERING MEMOTo: Richard Holborn July 17, 2009 Division Head, Municipal Property & Engineering From: Site Plan Review Committee Copy: Supervisor, Engineering & Capital Works Subject: Official Plan Amendment Application OPA 05/04/P Zoning By-law Amendment Application A 33/05 Kinsale Properties Ltd. (Part of Lot 4, Concession 6) File: 0-4040 The site plan review committee of the Municipal Property & Engineering Division has met to review the above noted request and provide the following comments. 1. A more detailed tree inventory and preservation plan will be required during the site plan stage. Consideration should be taken with regards to preserving some of the pine and spruce tree plantations on the south east portion of the site. 2. Staff have noticed the entrance onto Sideline 4 (City R.O.W.). This will require a City installed culvert to make the entrance passable. The City permit and fee should be coordinated with our Operations Center when necessary.