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HomeMy WebLinkAboutPD 01-12~itq °0 Report To 'u' Planning & Development Committee PICKERING Report Number: PD 01-12 Date: January 9; 2012 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 7/11 Loblaw Properties Limited 1792 Liverpool Road (Part of Lot 23, Concession 1 South) City of Pickering Recommendation: That Zoning Amendment Application A 7/11 submitted by Loblaw Properties Limited, on lands being Part of Lot 23, Concession 1 South, to permit a 1,583 square metre seasonal garden centre in the centre ofi the parking lot from April 1 St to August 1St of every calendar year, with a minimum 555 parking spaces during that time, be approved; and 2. Further, that the draft zoning by-law to implement Zoning Amendment Application A 7/11, as set out in Appendix I to Report PD 01-12, be finalized and forwarded to City Council for enactment once a consolidated site plan has been submitted to the satisfaction of staff. Executive Summary: The proposed zoning by-law amendment is to permit a 1,583 square metre seasonal garden centre in the centre of the Loblaws Superstore parking lot at 1792 Liverpool Road. The garden centre would be permitted from April 1 St to August 1St of every calendar year, during which time a minimum of 555 parking spaces would be required (see Location Map and Applicant's Submitted Plan - Attachments #1 and #2). The current by-law permits a seasonal garden centre with a maximum area of 1,055 square metres in the western portion of the parking lot from April 1St to August 31St of every calendar year and a minimum of 566 parking spaces during that time. The proposed amendment is appropriate for the site. The relocation of the garden centre will not negatively impact site function and parking. Changes to pedestrian and vehicle circulation on the site will be addressed through site plan approval. 13 It is recommended that the zoning amendment be approved, and that the implementing by-law attached as Appendix I be brought fonivard to Council once an updated site plan for the entire site has been submitted to the satisfaction of staff. Report PD 01-12 January 9, 2012 Subject: Loblaw Properties Limited (A 7/11) Page 2 ~4 Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: Staff's review of the application against the City's Draft Sustainable Development Guidelines resulted in a score below the Level 1 standard. Due to the nature of the proposal (being the increase in size and relocation of an existing permitted seasonal garden centre use and the associated parking requirement), there are limited opportunities to achieve Level 1. 1.0 Background: Loblaw Properties Limited is proposing a zoning amendment to increase the size and change the location of the seasonal garden centre associated with the Loblaws Superstore at 1792 Liverpool Road. The subject property is generally located behind the southwest corner of Kingston Road and Liverpool Road with an area of approximately 4.7 hectares. The property is occupied by a 14,964 square metre commercial complex consisting of a variety of stores, with the major anchor being Loblaws Superstore. A seasonal garden centre use was first approved by the Committee of Adjustment in 1995, and since then has been relocated and expanded in size through a number of zoning amendments and variance approvals. The proposal is to: • relocate, the seasonal garden centre to the centre of the parking lot • increase the size of the garden centre from 1,055 square metres to 1,583 square metres • reduce the minimum required parking spaces during the operation of the garden centre from 566 spaces to 555 spaces • allow the garden centre use from April 1St to August 1St every calendar year A seasonal garden centre of the proposed size and at the proposed location was operational during the summer of 2011, through a minor variance approval that has since expired. 2.0 Comments Received: 2.1 At the September 6, 2011 Public Information Meeting (see Public Meeting Minutes - Attachment #3) A resident appeared before the Committee requesting that accessible parking be provided near the seasonal garden centre when in operation. Report PD 01-12 Subject: Loblaw Properties Limited (A 7/11) Page 3 15 2.2 City Department and Agency Comments Toronto and Region Conservation Authority (TRCA) 3.0 Discussion: . no objection to this application given that the garden centre location is not within the area subject to a flood risk (see Attachment #4) 3.1 Relocation of the garden centre will not negatively impact site function and parking The proposed increase in the size of the seasonal garden centre and its relocation to the centre of the parking lot will not negatively impact on-site function and parking. A total of 626 parking spaces are required for the commercial uses on the subject property when the garden centre is not in use, and a total of 639 parking spaces are provided on-site, for a surplus of 13 parking spaces. The proposed seasonal garden centre occupies 84 parking spaces, leaving a parking supply of 555 spaces. A parking study submitted by LEA Consulting Ltd. indicates that the existing parking supply can support the peak parking cfemand for all uses including the garden centre. Parking demand surveys undertaken in the spring of 2008, 2009 and 2010 consistently indicate a peak parking demand of approximately 388 spaces for all of the commercial uses on-site, including the Goodlife Fitness Centre and a seasonal garden centre similar in size to the proposed centre. The proposed minimum parking requirement of 555 spaces is more than adequate to meet the 388 space demand. The parking study also indicates that the proposed location of the garden centre to a more central area in the parking lot improves pedestrian and vehicular circulation as the proposed location is further away from building entrances than the previous garden centre location. Staff are not aware of any issues regarding parking or on-site circulation arising from the operation of the garden centre in the proposed location last summer. 3.2 Revisions to the site will be addressed through site plan approval January 9, 2012 Site development and technical matters related to the proposed garden centre, such as pedestrian and vehicle circulation and accessible parking spaces, will be addressed through the site plan approval process. Report PD 01-12 Subject: Loblaw Properties Limited (A 7/11) January 9, 2012 Page 4 There are currently eight accessible parking spaces on the site, which meets the City by-law requirements. In response to a public concern at the Public Meeting in September 2011, the provision of accessible parking spaces near the entrance of the seasonal garden centre will be reviewed as part of site plan approval. Over the years various site plan revisions have been submitted to the City to accommodate changes on the subject property, including changes to the building, changes in the location of the garden centre, plans for improvements along Kingston Road (curbs, landscaping, etc), and a new sidewalk connection from the site to Liverpool Road. It is recommended that the applicant submit an updated site plan reflecting all of these changes, to the satisfaction of staff, prior to the zoning by-law being brought forward to Council for enactment. 3.3 Draft Zoning By-law amendment provisions In accordance with staff and agency requirements noted in this report, the draft by-law amendment attached as Appendix I provides for the following: a) increasing the size of the outdoor garden centre use from 1,055 square metres to 1,583 square metres b) changing the length of the garden centre operating season from April 1 St to August 31St of every calendar year, to April 1St to August 1St of every calendar year c) providing a minimum of 555 parking spaces during operation of the garden centre rather than 566 parking spaces d) relocating the garden centre from the western portion of the parking lot to the centre of the parking lot In addition, the draft zoning by-law will reflect the overall parking requirement of 4.24 parking spaces per 93 square metres gross leasable floor area previously approved by the Committee of Adjustment. 4.0 Applicant's Comments The applicant is aware of the recommendations of this report. Report PD 01-12 January 9, 2012 Subject: Loblaw Properties Limited (A 7/11) Page 5 17 Appendix: Appendix I: Draft Implementing Zoning By-law Attachments: 1. Location Map 2. Applicant's Submitted Site Plan 3. Minutes from September 6, 2011 Public Information Meeting 4. Agency Comments - Toronto and Region Conservation Authority Prepared By: 1&.W ff_~ Mila Yeung Planner I JAA (~aUAAL ) Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design MY: jf Copy: Chief Administrative Officer Approved/Endorsed By: ~ Neil Carro , RPP Director, Planning & Development Recommended for the consideration of Pickering C)N Coulic,il /g" . zZ, Zo/1 Tony Prevedel, P.Eng. Chief Administrative Officer 18 Draft Implementing Zoning By-law Appendix I to Report PD 01-12 Amendment Application A 7/11 VM4Fr The Corporation of the City of Pickering 19 By-law No. XXXX/12 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 1680/83, 1727/83, 2006/85, 5235/98 and 7061/10 to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lot 23, Concession 1 South, in the City of Pickering (A 7/11) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a seasonal garden centre use of 1,583 square metres located in the centre of the parking lot from April 1 to August 1 of every calendar year and a minimum of 555 parking spaces is required to be provided from April 1 to August 1 of every calendar year for Part Lot 23, Concession 1 South, in the City of Pickering. And whereas as amendment to By-law 3036, as amended by By-law 1680/83, 1727/83, 2006/85, 5235/98 and 7061/10, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Area Restricted The provision of this By-law shall apply to those lands in Part of Lot 23, Concession 1 South, in the City of Pickering. 2. Schedule I Amendment Schedule I attached hereto with notations and references shown thereon is herby declared to be part of this By-law. 2. Schedule I to By-law 5235/95, is hereby amended to relocate the outdoor storage area associated with a garden centre as shown as crosshatched on Schedule I attached hereto. 3. Text Amendment 1. Paragraph B of Section 5.(1)(b) vi) Parking Requirements of By-law 1680/83, as amended by By-law 1727/83, 2006/85, 5235/98 and 7061/10, is hereby repealed and replaced by the following paragraph: B There shall be provided and maintained a minimum of 4.24 parking spaces for each 93 square metres or part thereof gross leasable floor area, which may be provided and maintained on the lot generating the requirement or on an abutting lot or lots; By-lav►r No. XXXX/12 DRAFr Page 2 20 2. Paragraph F of Section 5.(1)(b) vii), Special Restrictions (`C7' Zone) of By-law 1680/83, as amended by By-law 1727/83, 2006/85, 5235/98 and 7061/10, is hereby repealed and replaced by the following subparagraph: (I) Despite any provision of By-law 3036, as amended by By-Iaws1680/83, 1727/83, 2006/85, 5235/98 and 7061/10, a portion of the parking area as generally identified by the crosshatched area within Area 5 on Schedule I of By-law 5235/98 as amended, may be used for 1,583 square metres of outdoor storage associated with a garden centre use from April 1 to August 1 of every calendar year. (II) Despite the parking requirement of Section 5.(1)(b) vi) of amending by By-law 1727/83, as amended by By-law 2006/85, 5235/98 and 7061/10 to By-law 3036, a minimum of 555 parking spaces are required to be provided from April 1 to August 1 of every calendar year, while the outdoor storage associated with a garden centre use exists within the parking area as generally identified by the crosshatched area within Area 5 on Schedule I of By-law 5235/98 as amended. 3. Paragraph G of Section 5.(1)(b) vii), Special Restrictions ('C7' Zone) of By-law 1680/83, as amended by By-law 1727/83, 2006/85, 5235/98 and 7061/10, is hereby repealed and deleted. 3. By-law 3036 By-law 3036, as amended by By-law 1727/83, 2006/85, 5235/98 and 7061/10 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/12 o. YA A Page 3 7( ~ 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 , 2012. day of David Ryan, Mayor Debbie Shields,'Vy Clerk 22 , ~ , ~ , OPO ~ ~ rx ,V (PREVIOUSLYSCHEDULEII TO BY-LAW 1680183) BEING AN AMENDMENT TO SCHEDULE A' TO BY-LAW 1727183 (AS AMENDED BY BY-LAW 2006/85 & 4998197) SCHEDULEITO BY-LAW 5235f98 AMENDED BY BY-LAW PASSED THIS DAY OF 2012 %...L-L:nrx ATTACtIMENT#_L-TO REPORT# PD D! ~ / a- 23 ~ w w ~ ~ U) w w ~ H Q Z ~ O ~ ~ N m A Cp,0 ~ ~ O~A w 0 ~ > ~ ~ J 0 0 ~ J Q ~ W > Z LLJ c~ J J ~ SUBJECT PROPERTY ~ Q ~ J 0 0 a Cif w > J O ~ ~ON 1 4,0 N~~NW P~ GO TRANS/T STA TION STREET gPY~~I ~ City of Pickering PROPERTY DESCRIPTION South Part of Lot 23, Concession 1 OWNER Loblaw Properties Ltd. FILE No. A 07/11 -o..: Tsronet EnterDriees Inc. antl its eup pliero. NI riphte Reserved. Not a plan ot eurvey. 2005 MPAC and ita suppliero. All riphtn Reeerved. Not a plan o/ Survey. BAYLY STREET Planning & Development Department DATE JUIy 26, 2011 DRAWN BY JB 07\ SCALE 1:5,000 CHECKED BY RP N P N-8 ATTAQ;FIMEM#-~2-TO 2 4 REPORT# PD Information Compiled from Applicant's Submitted Plan A 07/11 Loblaw Properties Limited ~O Proposed location of O ~ 1,583 square metre seasonal garden centre (from April 1 to August 1) ..~.o , I~ WMM" _ • ` ~ Existing location of 1,055 square metre 0 , seasonal garden i centre (from April 1 p~ ' to August 31) . • - °°>`~G+'°'°" O 0 _ _ , ~ b~ ~A' '-0 O~ A A ^ ° • ~ ~ l_ d • ~ ~ EXlSTING . EX{STING. ' ~ • RETAIL ~ EX~S N ~ RETAI~ ' 23 COfVCE5~ t~.~n.F ~ ftcT 1L l0 7 v ~ o~• ~ ~,A ~ T . . . . . EXISTIN(;. . . . . . - ~ ~ RETAIL A . ~ _ . . . . . . , . . . . _ ~ " d o m ~ ~ /.C(!///r/!/!!/!/!L!/!!h!~/dlLUll /1U//6(!LC(!!/ - - - M. Y _ . _....,..,......W ! . . . . - . 4 Q r- p . _ . _ . V This map was produced by the Cily ot Pickering Planning & Development Departmenl, Planning Infortnation Services Mapping and Design, Dec 13, 2011. ATFA641MENT# ;S - TO REPOR7'# PD 6 / - / a Excerpts from F'lanning & Development Committee Meeting Minutes T'uesday; September 6, 2011 7:30 pm Council Chambers Chair: Councillor Ashe (II) Part `A' Information Reports Marg Wouters, Manager, Development Review & Urban Design gave an outline of the requirements for a Statutory Meeting under the Planning Act. She ouflined the notification process procedures and 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, thaf 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. 3. Zoning By-law Amendment A 7/11 Loblaw Properties Limited 1792 Liverpool Road (Part of Lot 23, Concession 1 South), 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. Mila Yeung, Planner I, provided an overview of zoning by-law amendment application A 7/11. Heather Garrett the representative for the applicant appeared before the Committee in support of the application and to answer any questions. Keith Falconer, 710 Lublin Ave, appeared before the Committee and asked if Loblaws could create a couple of disabled parking spots near the garden centre when it was open. 25 1 26 "TORONTO AND REGION ~.~r~ on~ervahon for The Living City August 17, 2011 A1TACHMENT# '/-TO REPORT# PD Q ~ ~ , F t . ~ f•.,~~ ~ ~ ~ ~N,; CFN ~D E, F,,-r- VIA MAIL AND EMAIL (myeung(@cityofpickerinq.com) Mila Yeung Planning and Development Department City of Pickering 1 The Esplanade Pickering ON L1 V 6K7 Dear Ms. Yeung: Re: Zoning By-law Amendment Application A 7/11 Part Lot 23, Concession 1 South on Lands Municipally Known as 1972 Liverpool Road (Loblaw Properites Limited) Staff at the Toronto and Region Conservation Authority (TRCA) have now had an opportunity to review the application captioned above. We understand that the purpose of the application is to amend Zoning By71aw 3036, as amended, in order to permit a seasonal garden centre as a permitted use. We further understand that the garden centre is generally located in the centre of the parking lot. Lands Susceptible fo Flooding and are Wifhin a TRCA Regulated Llrea The subject lands are located immediately east of the channel of the Fine Creek, which is a tributary of Frenchmans Bay. Due to the closeness of the (ands to Pine Creek, the western portion of the lands are located within the Regional Storm Flood Plain and are susceptible to flooding in the event of a Regional Storm. Any changes to the existing building, or erection of a new structure or changing grades in this area would require permission from the TRCA pursuant to Ontario Regulation 166/06. Recommendation Based upon our understanding of the application, the garden centre location is not within the area subject to :i flood risk. Given this, we have no objection to the application. Please contact me if you have any questions or concerns with respect to this letter. Yours truly, Chris Jon ;,MCIP, RPP Senior Planner, Planning and Development, Extension 5718 cc: Steve Heuchert, TRCA (via email only: sheuchert@trca.on.ca) F:\Home\Public\Development Services\Durham Region\Pickering\1972 Liverpool ZBA_1.wpd Member of Conservation Ontario . : . o,.o.s 5 Shoreham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca ~ ~y9