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HomeMy WebLinkAboutPD 27-09 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.