HomeMy WebLinkAboutPLN 06-16 Report to
Planning & Development Committee
PICKERING Report Number: PLN 06-16
Date: May 9, 2016
From: Thomas Melymuk
Director, City Development
Subject: Zoning By-law Amendment Application A 13/15
Steele Valley Development Limited
Part of Blocks A and B, Plan M-998, and Part of Lot 22, Concession 1,
Parts 1 to 5, 12, 18 to 23, 40R-8184
(1300 Kingston Road)
Recommendation:
1. That Zoning By-law Amendment Application A 13/15, submitted by Steele Valley
Development Limited, to permit a "Food Store" use on lands being Part of Blocks
A and B, Plan M-998, and Part of Lot 22, Concession 1, Parts 1 to 5, 12, 18 to 23,
40R-8184, be approved, and that the draft Zoning By-law Amendment as set out in
Appendix Ito Report PLN 06-16 be forwarded to Council for enactment.
Executive Summary:
The subject lands are located at the northeast corner of Kingston Road and Liverpool
Road (see Location Map, Attachment#1). Steele Valley Development Limited (Steele
Valley) has submitted a rezoning application to add a food store use and a commercial
fitness centre to the list of permitted uses.
At the Public Information meeting, a number of concerns were identified by the
residents from the abutting condominium development to the north with respect to the
additional commercial uses. In response to the various issues identified by the
residents, the applicant has removed the commercial fitness centre use and is only
seeking a food store use. The existing garbage bins along the north property line have
been removed. Recyclable materials generated from a food store use will be located
internally, and the food store building will be retrofitted to allow for a chute to an
enclosed air-tight container. An acoustical wall will be constructed prior to the
occupancy of a food store use to mitigate any noise generated from the refrigeration
units on delivery trucks. The applicant has also confirmed that the existing shared
private watermain has sufficient capacity and pressure to accommodate the water
demands for the additional use without impacting the level of service currently provided
to the existing condominium development to the north.
The request to permit a food store use complies with policies of the Official Plan. The
additional use will broaden the options for the applicant to re-use a vacant building.
Staff recommends that Zoning By-law Amendment Application A 13/15 be approved, as
outlined in Appendix Ito Report PLN 06-16, and that staff be authorized to finalize and
forward an implementing Zoning By-law to Council for enactment.
Report PLN 06-16 May 9, 2016
Subject: Steele Valley Developments Limited (A 13/15) Page 2
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
1. Background
1.1 Property Description
The subject property is a commercial site located at the northeast corner of
Kingston Road and Liverpool Road (see Location Map, Attachment#1). Steele
Valley occupies the westerly portion of the commercial plaza, known as The Hub
Plaza. Although the plaza appears continuous, Steele Valley does not own the
easterly portion of the plaza (1340 and 1360 Kingston Road). The property is
approximately 1.8 hectares in size and contains two buildings.
Surrounding land uses include: medium density residential consisting of
townhouse condominium developments to the north and to the east across
Glenanna Road; the Pickering Town Centre to the south across Kingston Road;
and commercial buildings to the west across Liverpool Road.
1.2 Applicant's Proposal
The applicant originally requested to add a food store use and a commercial
fitness centre to the list of permitted uses on the subject property. Following the
Public Information Meeting, the applicant amended their proposal to remove the
request to add a commercial fitness centre and only add a food store use (see
Submitted Site Plan, Attachment #2). The request to add a food store use is to
increase the marketability of the site and to re-use a vacant building, previously
occupied by Home Outfitters. At this time, no exterior changes to the buildings,
additions or site changes are being proposed. Should this change, a Site Plan
Application will be required.
2. Comments Received
2.1 Public comments from the October 5, 2015 Public Information Meeting and
written submissions
At the Public Information Meeting, four residents from the adjacent condominium
development to the north attended the meeting expressing a number of concerns
with respect to the additional uses. Specifically, the concerns identified are as
follows:
• other food store uses already exist in the immediate area
• permitting a food store use would increase food waste and littering, thereby
attracting rodents and other vermin
• the requested commercial fitness centre and food store use would add
additional demand on the shared private water watermain
• increase noise generated from delivery trucks
• the additional uses will increase public trespassing on residential properties
Report PLN 06-16 May 9, 2016
Subject: Steele Valley Developments Limited (A 13/15) Page 3
2.2 City Departments & Agency Comments
Region of Durham • the Regional Official Plan designates the subject
property as a "Regional Centre" and recognizes
downtown Pickering (the City Centre) as an Urban
Growth Centre
• the proposal to re-use an existing retail unit within a
retail plaza and expand the list of permitted
commercial uses conforms to the policies and
provisions of the Durham Regional Official Plan
• the Region has reviewed the Traffic and Parking
Brief, prepared by GHD Limited, dated August 2015,
and are satisfied that permitting a food store use
does not present any significant regional
transportation impacts
Engineering & Public • no objections to the proposed zoning by-law
Works Department amendment application
3. Planning Analysis
3.1 The proposal to add a food store use conforms to the policies of the
Pickering Official Plan
Some residents questioned the need for another food store use given that there
are other food stores in the immediate area. The subject property is designated
as "Mixed Use Areas — City Centre", within the City's Official Plan, which
provides for a broad range of uses including, but not limited to, commercial and
retail uses, offices, restaurants and high density residential uses. The requested
additional use conforms to the policies of the Official Plan. A food store use will
complement the existing permitted uses on the subject lands and provide an
additional commercial use to the service the community.
3.2 Existing waste containers to be relocated away from the residential
condominium development to the north •
Residents from the abutting condominium development to the north expressed
concerns with the location of the existing garbage bins, and that permitting a food
store use on the subject lands would increase food waste and littering.
Presently, there are two waste containers along the north property line adjacent
to the residential condominium development to the north. The applicant has
indicated that the existing commercial waste is collected twice a week, and each
commercial tenant is responsible for establishing and executing waste collection
contracts with haulers, and ground litter is collected daily.
Report PLN 06-16 May 9, 2016
Subject: Steele Valley Developments Limited (A 13/15) Page 4
To address concerns raised by the residents, the applicant is proposing following
changes:
• remove the existing waste containers along the north property line
• install a waste compactor on the west side of Building A (proposed food
store building)
• all recyclable materials will be stored indoors
• Building A (food store building) will be retrofitted to allow for an internal
chute to an enclosed air-tight food waste/organics container
The proposed changes will significantly improve the existing garbage issues and
minimize any impacts on the abutting residents to the north. Furthermore, the
applicant has advised that the existing garbage bins along the north property line
have been removed.
3.3 A noise attenuation barrier is proposed to mitigate noise from delivery
trucks
To support the proposed food store use, the applicant submitted a Stationary
Noise Impact Study to address concerns with respect to noise generated by
refrigerated delivery vehicles and new rooftop HVAC mechanical units. The
submitted study identified refrigeration units of delivery trucks parked at the
loading area as a source of noise. The study recommended the installation of a
6.0 metre high barrier wall extending not less than 22 metres from the existing
loading bay wall in order to reduce the noise impact from parked refrigerated
delivery trucks.
To ensure the noise attenuation wall is constructed prior to a food store use
occupying the vacant commercial building (Building B), staff are
recommending that an "(H)" Holding Symbol will be placed on the subject lands.
The "(H)" Holding Symbol will be removed by City Council once the applicant has
obtained site plan approval to construct a noise barrier along the existing loading
area.
3.4 The existing shared private watermain has sufficient capacity and pressure
to accommodate the water demands for the proposed food store use
Residents from the condominium development to the north also expressed
concern that the proposed uses would add additional demand on the shared
private water watermain.
The subject lands are serviced by a shared private watermain. The existing
private water service currently provides potable and fire protection water services
to two commercial properties (1300 and 1340 Kingston Road), and a residential
condominium development (1331 Glenanna Road). The shared watermain
easement agreement for service/maintenance/repairs is a private agreement
between lands owners, and not the Region or the City.
Report PLN 06-16 May 9, 2016
Subject: Steele Valley Developments Limited (A 13/15) Page 5
To address this concern, the applicant has submitted a Water Supply Opinion
Letter, prepared by professional engineer. The consultant reviewed the current
domestic water demand, compared the proposed new consumption of a food
store use, and provided a professional opinion as to the watermains capability to
accommodate the proposed change of use. The consultant concluded that the
increase in domestic demand to the water service from a grocery store will not
significantly impact the level of service currently provided by the existing
watermain. The consultant also noted that the owners of the private water
service are actively finalizing the terms of a cost sharing agreement, which will
include the maintenance and replacement, if necessary, of the private water
service. Engineering & Public Works staff have reviewed this letter and concur
with the recommendations.
3.5 Sufficient parking supply is available on-site to support the additional uses
Parking for the subject property is provided at a rate of 5 parking spaces per
100 square metres of gross leasable floor area (GLA). Based on this parking
ratio, a total of 238 spaces are required to be provided on the property, whereas
the approved site plan, dated March 29, 2001, provides for a total of 246 spaces.
The applicant submitted a Traffic and Parking Brief, prepared by GHD Limited,
dated August 2015, in support of the rezoning application. A parking assessment
was completed for the entire Hub Plaza, given that the parking area is shared by
the landowners. Based on a survey of the existing on-site parking supply, a total
of 550 spaces are currently available to serve the parking requirements for the
entire plaza. The consultant also indicated that the inclusion of a food store as a
permitted use to replace the building occupied by Home Outfitters can be
accommodated by the existing road network without any impact. City staff have
reviewed this study and are satisfied that the addition of a food store use and a
commercial fitness centre will not impact the functionality of the Hub Plaza.
3.6 Staff support the proposal and recommend that a zoning by-law be
finalized and forwarded to Council for enactment
The applicant's request to permit a food store, complies with policies of the
Pickering Official Plan, and will complement the existing uses permitted on the
subject lands. Staff supports the application and recommends that the site
specific amending by-law as set out in Appendix I, be approved and forwarded to
Council for enactment.
Report PLN 06-16 May 9, 2016
Subject: Steele Valley Developments Limited (A 13/15) Page 6
3.7 Applicant's Comments
The applicant has been advised of the recommendations of this report.
Appendix
Appendix I Recommended Zoning By-law Provisions for Zoning By-law Amendment
Application A 13/15
Attachments
1. Location Map
2. Concept Site Plan
Prepared By: Approved/Endorsed By:
a - g e•
Lalita Paray, MCIP, RPP Catherine Rose, MCI RPP
,Planner I Chief Planner
Nilesh Surti, MCIP, RPP Thomas Melym k, MCIP, RP
Manager, Development Review & Director, City Development
Urban Design
LP:NS:Id
Recommended for the consideration
of Pickering City Council
opeweea Art;-1
2Z� Zot(0
Tony Prevedel, P.Eng.
Chief Administrative Officer
Appendix Ito
Report PLN 06-16
Draft Zoning By-law
a
_ .
The Corporation of the Ci, ei °ie erng
•
By-la , a r931
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering,
Region of Durham, in Part of Blocks A and B, Plan M-998, and
{ Part of Lot 22, Concession 1, Parts 1 to 5, 12, 18 to 23, 40R-8184
(A 13/15)
Whereas the Council of The Corporation of the City of Pickering received an application
to rezone the subject lands being Part of Blocks A and B, Plan M-998, and Part of Lot 22,
Concession 1, Parts 1 to 5, 12, 18 to 23, 40R-8184, in the City of Pickering to add a
food store use to the list of permitted uses on the subject lands;
And whereas an amendment to By-law 3036, as amended by By-law 1612/83,
By-law 3476/90, By-law 5219/98, and By-law 5746/00, is therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Area Restricted
The provisions of this By-law shall apply to those lands in Part of Blocks A and B,
Plan M-998, and Part of Lot 22, Concession 1, Parts 1 to 5, 12, 18 to 23,
40R-8184, in the City of Pickering.
2. Schedules I and II
Schedules I and II to By-law 1612/83, as amended by By-law 3476/90,
By-law 5219/98 and By-law 5746/00, is hereby further amended by replacing the
zone designation with "(H) C9", as shown Schedules I and II attached hereto.
3. Text Amendment
1. Section 4. Definitions, of By-law 3036, as amended by By-law 1612/83,
By-law 3476/90, By-law 5219/98, is hereby amended by renumbering and
re-alphabetizing this subsection in order to incorporate the new definition as
follows:
(7) "Food Store" shall mean a building or part of a building in which food,
produce and other items or merchandise of day-to-day household
necessity are stored, offered or kept for retail sale to the public.
2. Section 5. (1) Uses Permitted ("C9") of By-law 3036, as amended by
By-law 1612/83, By-law 3476/90, By-law 5219/98, is hereby amended by
re-alphabetizing this subsection in order to incorporate an additional
permitted use:
(f) food store
By-law No. XXXX Page 2
3. By-law 3036, as amended by By-law 1612/83, is hereby amended by
renumbering By-law 1612/83 in order to incorporate the following new
I section:
T s, 6. Provisions ("(H) C9")
(1) Uses Permitted ("(H) C9")
Until such time as the g
"(H)" Holding Provision is lifted, the lands
shown on Schedules I and II to this by-law shall not be used for a
food store.
(2) Zoning Requirements ("(H) C9")
The "(H)" Holding Symbol shall not be removed from the "C9"
zone until the Owner has entered into and registered a Site Plan
Agreement to construct an acoustical barrier along the existing
g 9
loading area to the satisfaction of the City of Pickering.
4. By-law 3036
By-law 3036, as amended by By-law 1612/83, By-law 3476/90, By-law 5219/98,
and By-law 5746/00, is hereby further amended only to the extent necessary to
give effect to the provisions of this By-law, Schedule I and II. Definitions and
subject matters not specifically dealt with in this By-law shall be governed by
relevant provisions of By-law 3036, as amended.
5. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this XX day of XXX, 2016.
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David Ryan, Mayor
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Debbie Shields, City Clerk
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Location Map
City°¢ _ s FILE No: A 13/15
IT IV !'=. APPLICANT: Steele Valley Developments Limited
W RIII,i 4 4I 0C PROPERTY DESCRIPTION:Part of Blocks A and B, Plan M-998, and
City Development
Department Part of Lot 22,Concession 1,Parts 1 to 5,12,18 to 23,40R-8184(1300 Kingston Road) DATE: Apr. 15, 2016
0 oats so„rgee: SCALE 1:10,000 PN-8
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