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HomeMy WebLinkAboutSeptember 17, 2002 Council Meeting Agenda Tuesday, September t7, 2002 (I) ADOPTION OF MINUTES Regular Meeting of July 29, 2002 (11) DELEGATIONS 1. Ruth Ann Schedlich, Second Vice President, Social Development Council of Ajax-Pickering, will address Council to provide an overview of the services offered by the Social Development Council and the financial challenges faced by that organization. 2. Bruce Boyle, United Way, will address Council concerning a grant. 3. Gayle and Doug Hutchinson, 4742 Sideline 4, Ashburn, will address Council concerning by-laws respecting zoning and noise. 4. Charlie Rankin, 925 Bayly Street, Unit 99, will address Council concerning the proposed bridge across Duffin Creek. (111) RESOLUTIONS PAGE 1. To adopt the Planning Committee Report dated September 9, 2002. 1-3 2. To adopt the Committee of the Whole Report dated September 9, 4-5 2002. 3. To consider Planning & Development Report PD 33-02 concerning 6-52 First Simcha Shopping Centres Limited (Metro East Trade Centre). Referred to the September 17th, 2002 Council MeetinR at the July 29th, 2002 Council Meetint:l. Council Meeting Agenda Tuesday, September 17, 2002 (IV) BY-LAWS By-law Number 6011/02 53-57 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, Part of Lot 18, Concession 1, in the City of Pickering. (OPA 01-008/D, OPA 01-005/P, A 25/01) PURPOSE: ZONING BY-LAW LOCATION: 1899 BROCK ROAD APPLICANT: FIRST SlMCHA SHOPPING CENTRES LTD. Referred to the September 17th, 2,002 Council Meeting From the July 29th, 2002 Council Meeting By-law Number 6012/02 58 Being a By-law to adopt Amendment 9 to the Official Plan for the City of Pickering. (OPA 01-005/P) Referred to the September 17th, 2002 Council Meetin~l From the July 29th, 2002 Council MeetinR By-law Number 6020/02 59-63 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, Lot 2, Plan 473, City of Pickering. (A 18/01) PURPOSE: ZONING BY-LAW LOCATION: 1495 ROSEBANK ROAD APPLICANT: FRANK MASTRORILLO Council Meeting Agenda Tuesday, September 17, 2002 By-law Number 6021/02 64-70 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in part of Lot 20, Concession 8, in the City of Pickering. (A 16/00) PURPOSE: ZONING BY-LAW LOCATION: PART OF LOT 20, CONCESSION 8 APPLICANT: CLAREMONT ESTATES ONTARIO LTD. By-law Number 6022/02 71-73 Being a By-law to exempt Lots 7 to 11, inclusive, and 17 to 22, inclusive, Plan 40M-2086, Pickering, from part lot control. By-law Number 6023/02 74-76 Being a By-law to exempt Blocks 31 and 35, Plan 40M-2089, Picketing, from part lot control. By-law Number 6024/02 77-79 Being a By-law to dedicate Part Lot 9, Plan 282, Pickering, designated as Part 5, Plan 40R-11207, (Oakburn Street) as public highway. (V) OTHER BUSINESS (VI) CONFIRMATION BY-LAW (VII) ADJOURNMENT RESOLUTION OF COUNCIL DATE, MOVED BY SECONDED BY That the Report of the Planning Committee dated September 9, 2002, be adopted. CARRIED: MAYOR Appendix I Planning Committee PC 2002-8 That the Planning Committee of the City of Pickering having met on September 9th, 2002 presents its eighth report to Council: 1. PLANNING & DEVELOPMENT REPORT PD 34-02 ZONING BY-LAW AMENDMENT APPLICATION A 40/00 PICKERING HOLDINGS INC. ET AL 815 KINGSTON ROAD (PART OF LOTS 27 AND 28, B.F.C. RANGE 3) (SOUTH SIDE OF KINGSTON ROAD, EAST OF WHITES ROAD) 1. That Zoning By-law Amendment A 40~00 be APPROVED subject to conditions outlined in Appendix I to Report Number PD 34-02, to: retain vehicle sales and rental uses on the 'Boyer' parcel; retain hotel plus accessory uses on the 'Pickering Holdings' and 'Veridian' parcels; · permit piping of the watercourse on the 'Pickering Holdings' parcel, subject to necessary approvals from the Toronto and Region Conservation Authority; and · permit hotel plus accessory uses, vehicle sales and rental uses, and a full range of retail, restaurant and office uses on all three parcels, being Part of Lots 27 and 28, B.F.C., Range 3. 2. PLANNING & DEVELOPMENT REPORT PD 40-02 ZONING BY-LAW AMENDMENT APPLICATION A 8/02 D. & J. MACKERACHER 501 ROSEBANK ROAD SOUTH (PART BLOCK K, PLAN 418) (NORTH-EAST CORNER OF ROSEBANK ROAD AND COWAN CIRCLE) 1. That Zoning By-law Amendment Application A 8/02, be APPROVED subject to the conditions outlined in Appendix I to Report No. PD 40-02, to permit the establishment of a second dwelling unit in the main dwelling unit, submitted by D. & J. MacKeracher, on lands being Part Block K, Plan 418 (Part 2, Plan 40R-12933), City of Pickering. 2. That the Applicants' request to provide vehicular access to the site from Cowan Circle be DENIED. -5- O3 Appendix I Planning Committee PC 2002-8 3. PLANNING & DEVELOPMENT REPORT PD 42-02 REQUEST FOR COUNCIL'S PERMISSION TO DEVELOP LANDS BY LAND SEVERANCE E. AGNEW ET AL 1837-1841 APPLEViEW ROAD PART OF LOT 3, PLAN 330, LOT 16, PLAN 1051 1. That the request made by E. Agnew et al, be APPROVED, to permit the division of the subject lands, being Part of Lot 3, Plan 330 and Lot 16, Plan 1051 (known as 1837-1841 Appleview Road), for five additional lots by Land Severance rather than be draft plan of subdivision. -6- '~ 04 RESOLUTION OF COUNCIL DATE I MOVED BY SECONDED BY That the Report of the Committee of the Whole dated September 9, 2002, be adopted. CARRIED: MAYOR Appendix I Committee of the Whole COW 2002-9 That the Committee of the Whole of the City of Pickering having met on September 9, 2002, presents its ninth report to Council and recommends: 1. MAYORS OFFICE REPORT MO 03-02 GTAA PICKERING ADVISORY COMMITTEE STATUS UPDATE · , 1. That Council receive for information, Report to Council MO 03-02 providing a status update on the GTAA's Pickering Advisory Committee. 2. CLERKS REPORT CL 30-02 APPOINTMENT TO ENFORCE THE PARKING BY-LAW AT 905 BAYLY ST., 1915 DENMAR RD., 1310 FIELDLIGHT BLVD. AND 1345 ALTONA ROAD 1. That the draft by-law to appoint three persons to enforce the Parking By-law at 905 Bayly St., 1915 Denmar Rd., 1310 Fieldlight Blvd. and 1345 Altona Rd. be forwarded to Council for approval. 3. PROCLAMATIONS "BREAKFAST FOR LEARNING MONTH" "WHITE RIBBON AGAINST PORNOGRAPHY WEEK" "TERRY FOX RUN DAY" That Mayor Arthurs be authorized to make the following proclamations: "Breakfast for Learning Month" - September, 2002 "White Ribbon Against Pornography Week" - October 20 - 27, 2002 "Terry Fox Run Day" - September 15, 2002 -'4- 06 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY 1. (a) That Pickering Official Plan Amendment Application OPA 01-005/P submitted by First Simcha Shopping Centers Limited, on lands being Part of Lot 18, Concession 1, in the City of Pickering, to redesignate the METC/VVaI-Mart property and surrounding lands including Canadian Tire and the Pickering Home & Leisure Centre from Regional Node 2 to Specialty Retailing Node on Schedule i- Land Use Structure, and to also transfer existing site-specific policies relating to the METC site from section 3.7 to section 3.6 of the Pickering Official Plan, as set out in Appendix I to Report Number PD 33-02, be APPROVED; (b) That the draft by-law to adopt Amendment 9 to the Pickering Official Plan be forwarded to City Council for approval, as set out in Appendix I to Report Number PD 33-02, and subsequently, that Amendment 9 be FORWARDED FOR APPROVAL by the City Clerk to the Region of Durham; 2. (a) That Zoning By-law Amendment Application A 25/01, on lands being Part of Lot 18, Concession 1, in the City of Pickering, to permit the deletion of the trade center as a permitted use, increase the maximum gross floor area for all uses, decrease the minimum floor area for a large format food store, and other minor changes on the METC/WaI-Mart property be APPROVED AS REVISED; (b) That the amending zoning by-law to implement Zoning By-law Amendment Application A 25/01, as set out in draft in Appendix II to Report Number PD 32-02 be FORWARDED TO CITY COUNCIL for enactment; 3. That staff be AUTHORIZED to make any necessary informational revisions to the Village East Neighbourhood policies and the Regional Node 2 Development Guidelines to further implement the Specialty Retailing Node designation in the Pickering Official Plan; and 4. That a copy of Report Number PD 33-02 be forwarded to the Region of Durham and the applicant for their information. CARRIED: MAYOR 08 REPORT TO COUNCIL PICKERING FROM: Nail Carroll DATE: July 9, 2002 Director, Planning & Devalopmant REPORT NUMBER: PD 33-02 SUBJECT: Regional Official Plan Amendment Application OPA 01-008/D Picketing Official Plan Amendment Application OPA 01-005/P Zoning ByAaw Amendment Application A 25/01 First Simeha Shopping Centres Limited (Metro East Trade Centre) Part of Lot 18, Concession 1 City of Picketing RECOMMENDATIONS: 1. That City Council recommends to the Region of Durham that Regional Official Plan Amendment Application OPA 01-008/D, submitted by First Simcha Shopping Centres Limited, on lands being Part of Lot 18, Concession l, in the City of Picketing, to redesignate the METC/Wal-Mart property and surrounding lands including Canadian Tire and. the Picketing Home & I.eisure Cema firm Reg/ond Nod~ 'a'toLimgAreaonMapA4-~~ to permit specialty retailing uses, be APPROVED; 2. (a) That Picketing Official Plan Amendment Application OPA 01-005/P submitted by First Simcha Shopping Centers Limited, on lands being Part of Lot 18, Concession 1, in the City of Picketing, to redesignate the METCJWal-Matt property and smm~g lands including Canadian Tire and the Picketing Home & Leisure Centre from Regional Node 2 to Specialty Retailing Node on Schedule I - Land Use Structure, and to also transfer existing site-specific policies relating to the METC site from section 3.7 to section 3.6 of the Picketing Official Plan, as set out in Appendix I to Report Number PD 33-02, be APPROVED; (b) That the draft by-law to adopt Amendment 9 to the Picketing Official Plan be forwarded to City Council for approval, as set out in Appendix I to Report Number PD 33-02, and subsequently, that Amendment 9 be FORWARDED FOR APPROVAL by the City Clerk to the Region of Durham; 3. (a) That Zoning By-law Amendment Application A 25/01, on lands being lands being Part of LOt 18, Concession 1, in the City of Pickering, to permit the deletion of the trade center as a permitted use, increase the maximum gross floor area for all uses, decrease the minimum floor area for a large format food store, and other minor changes on the METC/WaI-Mart property be APPROVED AS REVISED; (b) That the amending zoning by-law to implement Zoning By-law Amendment Application A 25/01, as set out in draft in Appendix II to Report Number PD 32-02 be FORWARDED TO CITY COUNCIL for enactment; 4. That staff be AUTI-IORIZED to make any necessary informational revisions to the Village East Neighbourhood policies and the Regional Node 2 Development Guidelines to further implement the Specialty Retailing Node designation in the Picketing Official Plan; and 5. That a copy of Report Number PD 33-02 be forwarded to the Region of Durham and the applicant for their information. Report to Council PD 33-02 Date: July 9, 2002 0 9 Subject: Regional Official Plan Amendment Application OPA 01-008/1) Page 2 Picketing Official Plan Amendment Application OPA 01-005/P Zoning By-law Amendment AppLication A25/01 ORIGIN: · Regional Official Plan Amendment Application OPA 01-008/1) submitted to the Region of Durham and forwarded to Picketing for comments; and · Local Official Plan Amendment Application OPA 01-005/P and Zoning By-law Amendment Application A 25/01. AUTHORITY: The Planning Act, R.S.O. 1990, chapter P.1 FINANCIAL IMPLICATIONS: No direct costs to the City are anticipated as a result of the proposed development. EXECUTIVE SUMMARY: In 1999, the Ontario Municipal Board approved the Regional Node 2 policies pertaining to the development of large format retailing~ including large format stores, ancillary retailing of goods and services, and limited residential development at higher densities. Specific retail unit size restrictions were also approved on the Metro East Trade Centre (METC) property. First Simcha Shopping Centres Limited, the owners of the METC property, has proposed to demolish the Trade Centre building and construct on this portion of the site a variety of large format and specialty retail uses. Applications to amend both the Durham and Picketing Official Plans were submitted. Specifically, the applicant proposes to replace the Regional Node designation with a new designation, to delete the trade center function, to increase the maximum gross leasable floor area to reflect existing and proposed retail uses, and to decrease the minimum floor area for a large format food store on the METC site. The amendment applications also affect the surrounding lands beyond the METC site including Canadian Tire and the Home & Leisure Centre. Staff has reviewed the applications and supporting documentation, the comments received from the public and commenting agencies, and the Peer Review results of the Retail Market Study, and concluded that the proposal is appropriate, is in the public' interest and is consistent with good planning principles. Further, to provide a "seamless" transition for the vendors of the Picketing Markets to relocate to the new Invar site, staff requests that First Simeha to extend the deadline for demolishing the METC building. This will ensure that vendors stay with the current Markets, and do not seek alternative market operators. Accordingly, staff recommends that Council approve Official Plan Amendment Application OPA 01-005/P and Zoning By-law Amendment Application A 25/01. It is also recommended that the draf~ by-law to adopt Amendment 9 to the Piekering Official Plan and the dra~ amending zoning by-law as set out in Appendix I and II to Report Number PD 33-02, respectively and be forwarded to Council for approval. Further, staff similarly concludes that the Regional Official Plan Amendment Application OPA 01-008/D warrants support and recommends that Council endOrse the approval of that Application by the Region of Durham. Report to Council PD 33-02 Date: July 9, 2002 Subject: Regional Official Plan Amendment Application OPA 01-008/D Page 3 PickeTing Official Plan Amendment Application OPA 01-005/P Zoning By-law Amendment Application A25/01 BACKGROUND: 1.0 Introduction. The METC property including the Wal-Mart store is located at the north-east comer of Brock Road and PickeTing Parkway (see location map - Attachment #1). The applicant, First Simcha Shopping Centres Limited, owners of the METC/Wal-Mart property, is proposing to amend the Regional and Picketing Official Plans and zoning by-law as shown below: Lands Proposed Proposed Proposed Zoning Affected ~Regional OPA Pickering OPA Change METCfWal- From Regional From Regional · deleting the trade centre as a Mart Node 'a' to Node 2 to permitted use, LivingArea Specialty Retailing · deleting the minimum floor area Node for a trade center; · deleting the total floor area for all uses, excluding a trade center; · increasing the maximum total floor area for all uses fi:om 40,000 sq.m to 49,237 sq.m; · decreasing the minimum floor area for a food store fi:om 6,000 sq.m. to 4,515 sq.m. Other lands From Regional From Regional : No change. including Node 'a' to Node 2 to Canadian Living Area Specialty Retailing Tire/Home Node & Leisure Centre The following documents have been submitted in support of the proposal and are available for viewing at the offices of the City's Planning & Development Department: Study Prepared By Date Planning Report Armstrong Goldberg Hunter October 2001 Metro East Trade Centre iTRANS Consulting Inc. October 2001 Traffic Study Retail Market Opportunity & The Climans Group December 2001 Impact Study A revised conceptual site plan illustrating the proposed locations of buildings is provided for reference (see Revised Concept Plan - Attachment #2). A site plan application, S06/00 (R02), has been received and is being processed by staff. Report to Council PD 33-02 .Date: July 9, 2002 1. 1 Subject: Regional Official Plan Amendment Application OPA 01-008/D Page 4 Pickering Official Plan Amendment Application OPA 01-005/P Zoning By-law Amendment Application A25/01 2.0 Public Information Meeting The Infonnation Meeting was held on February 21, 2002 for the Official Plan and Zoning By-law Amendment applications. Information Report No. 04-02, which summarized the applicant's propbsal and outlined the issues and comments identified through circulation of the application to that date, was prepared and is provided for reference (see Attachment #3). At the Meeting, the applicant's Planning Consultant, Mr. Michael Goldberg, commented on the Information Report and listed the studies undertaken. He further advised of the elimination of the trade center building and the net overall floor area increase of 10,000 square metres for the METC site. As well, a number of vendors from the Pickering Markets and residents expressed their concerns over the proposal to demolish the trade center building. Minutes of the Meeting are inehided as Attachment #4 to this Report. 3.0 Public and Agency Comments 3.1 Public Comments Since the preparation of the Information Report, three letters have been received from the public regarding the development proposal: Mr. J. Weiz and Mr. Z. Schmerler, owners of Brockington Plaza, indicated their objection to the proposed applications (see Attachment #5); Mr. Peter Walker, of Walker, Nott, Dragicevie Associates Limited, planning consultants for 20 Vic Management Inc., property owners for the Picketing Town Centre shopping centre, expressed concerns with the proposed applications and the process of redeveloping the subject lands being made on an ad hoc basis with the cumulative effect of creating a regional-scale commercial centre (see Attachment #6); and Mr. Dan Mayer, of 1774 Listowel Crescent, expressed concerns with the proposal to demolish the trade centre and question the need for more stores in Picketing (see Attachment #7). 3.2 Agency Comments The following agency comments were received after the preparation of the Information Report, and are appended to this Report as Attachments #8 to #11: Agency Comments Supervisor, Development Control No objection; stormwater management report required. Region of Durham No objection; servicing conditions to be satisfied through site plan approval process. The Region of Durbam has verbally adv/sed that the need to widen Brock Road to six lanes between Pickering Parkway and Highway 401 is being examined through an on-going Class Environmental Assessment Study. The results of the Study will determine the timing and extent of future widening works to Brock Road. Report to Council PD 33-02 Date: July 9, 2002 Subject: Regional Official Plan Amendment Application ePA 01-008/D Page 5 Picketing Official Plan Amendment Application ePA 01-005/P Zoning By-law Amendment Application A25/01 Toronto andRegion Conservation No objections; development is permitted in the flood Authority plain provided that flood-proofing measures are incorporated and a permit under Ontario Regulation 158 is obtained. Canada Post ~ No objections. 4.0 Discussion 4.1 Appropriateness of the Proposal Previous planning approvals have shifted the focus of Regional Node 2 from primarily a Trade Centre function with ancillary special purpose commercial uses to large format and special purpose commercial uses. These new applications are a further refinement to the approvals previously granted. The applicant is not proposing to change the restrictions and limitations in the Official Plan and zoning by-law with the exception of deleting the trade center use, increasing the maximum total gross leasable floor area permitted for all uses, and reducing the minimum size of the large format food store. In this manner, the form of retail development will continue to remain different than, and complementary to the Downtown Core. Further, the City's consultants who peer-reviewed the applicant's Retall Market Study concur that the subject property will foster region-serving development at this location (see section 4.3 below). Accordingly, staff is supportive of the proposal to remove the trade centre building and to develop the site for large format and specialty retailing uses. As well, the existing policies pertaining to ancillary retailing, such as banks and restaurants remain the same. The buildings associated with ancillary retailing are required to locate close to the street edge to help define the public right of way, strengthen the urban edge, and create a comfortable area for pedestrian movement along Brock Road. 4.2 Loss of Trade Centre building and function The trade center has not achieved its intended function of attracting a strong trade show business. It is primarily used on weekends as the location of the Picketing Markets and the occasional specialized short-term sale or trade show. The applicant has concluded that a more efficient use of this portion of the property for other uses is appropriate and is therefore proposing to demolish the trade center building. As a result, staff has received numerous telephone calls from residents and affected vendors asking whether or not the City is considering alternative locations for the Picketing Markets. The City's Economic Development Office, through a screening process, has determined that no existing buildings in Picketing are of suftlcient size to accommodate the Markets; however, vacant land capable of supporting a similar size building and associated parking could be considered. Also, the applicant has agreed to cooperate in the process of assisting with the relocation. More specifically, Charter Hall Management, the firm contracted to manage the Markets, has been given permission by the applicant to commence discussions with two groups that are interested in accommodating the Markets. The two sites under consideration include a site in Pickering owned by lnvarBuilding Corporation located at the south-west comer of Bayly Street and Squires Beach Road, and the "Verona" site in Ajax on the north-east comer of Bayly Street and Monarch Avenue. Report to Council PD 33-02 Date: July 9, 2002 1 3 Subject: Regional Official Plan Amendment Application OPA 01-008/D Page 6 Picketing Official Plan Amendment Application OPA 01-005/P Zoning By-law Amendment Application 3.25/01 It is our understanding that Invar Building Corporation is willing to accommodate the Markets on its site, subject to satisfactory arrangements being concluded. Further, Invar has requested the City assist in ensuring that the deadline for demolishing the METC is extended. Staff encourages the transition of the Markets from one site to another to be "seamless", whereby the vendors could move to a new site immediately after leaving the METC site. This will ensure that vendors stay with the current Markets, and do not seek alternative market operators. In this regard, the City has received Zoning By-law Amendment Application A 13/02 from Invar Development Corporation to permit the development of industrial and limited commercial uses including an exhibition hall and banquet facilities. A public information meeting has been scheduled for August 22, 2002. Therefore, staff requests that First Simcha extend the deadline for demolishing the METC building in order to accommodate the movement of vendors to the Invar site. 4.3 Peer Review of Retail Market Study The firm of Malone Given Parsons was retained by the City in consultation with the Region of Durham to carry outa Peer Review of the applicant's Retail Market Study. As well, the Town of Ajax was consulted to discuss the Peer Review process and issues of particular interest to their municipality. The Peer Review consultants recommend that the City accept the conclusions provided in the Study that a commercial development of the proposed size, nature and tenant mix is not expected to cause any significant or sustained sale transfers, or put at risk any existing retail projects within the study area boundaries (see Conclusions from Peer Review Report - Attachment #12). As well, the consultants concluded that the proposed reduction of the minimum required floor area for a food store from 6,000 square metres to 4,515 square metres would exceed the size, role and function of a local serving, neighbourhood or community center food store anchor. Sobeys is the proposed tenant for the food store on the METC site. 4.4 New Specialty Retailing Node Designation The METC/Wal-Mart site including the surrounding lands are designated Regional Node 2 by the Pickering Official Plan. This strategically located area to the Highway 401/Brock Road interchange is intended to be a trade centre and specialty retailing node serving a broad regional market. Other major retail uses may be permissible in a manner that is complementary to the Downtown Core. With the proposal to delete the trade center -- a regionally-unique and specialized use -- the lands no longer warrant the Regional Node 2 designation in the Official Plan. As a replacement, staff is recommending a new Specialty Retailing Node designation to recognize the retailing function of the area for large format and ancillary retailing. As well, to ensure that the area remains complementary to the Downtown Core and to other retailing areas within the City, the existing polices relating to size and unit restrictions will remain on the METC/Wal-Mart property. The request by the applicant to delete the policy relating to higher density residential development as part of an overall development scheme is not supported. Their proposed policy deletion affects lands beyondjnst the METC/Wal-Mart property. The intent of this' policy was to provide the opportunity for landowners to develop limited residential uses at higher densities in. combination with commercial proposals in the Node. Providing this healthy mix of commercial and residential development, especially in locations as appropriate as this, is considered a critical part of creating a vibrant, sustainable City and continues to be long-term goal of both the City and the Region of Durham. Report to Council PD 33-02 Date: July 9, 2002 : 14 Subject: Regional Official Plan Amendment Application OPA 01-008/19 Page 7 Pickering Official Plan Amendment Application OPA 01-005/P Zoning By-law Amendment Application A25/01 Accordingly, staff recommends that the private-initiated Official Plan Amendment Application OPA 05-001/P be approved as revised as setout in Amendment 9 to the Picketing Official Plan (see Exhibit #1 to Appendix I to this Report). Further, staff recommends that the'by-law to adept Amendment 9 to the Official Plan be forwarded to Council for adoption, and subsequently, that Amendment 9 be forwarded to the Region of Durham for approval (see Appendix I to Report Number PD 32-02). 4.5 Recommended Zoning by-law Amendment The MErCJWal-Mart lands are zoned '~rc/(I-I-2)SPC" - Trade Centre/Special Propose Commercial, which permits trade centre, office, large format and special purpose commercial uses. Staff supports the changes requested by the applicant to delete the provisions relating to the trade center use. On this basis, the Zoning By-law Amendment Application A 25/01 is recommended for approval, and a draft implementing zoning by-law is included as Appendix 1I to this Report. This by-law is being forwarded to Council for approval concurrent with the associated official plan amendment application. The zoning will not come into force until the official plan amendments take effect. 4.6 Regional Official Plan Amendment The applicant has submitted Official Plan Amendment Application OPA 01-008/D to the Region of Durham proposing to redesignate the METC/Wal-Mart property and surrounding lands from Regional Node 'a' to a L/v/ng Aroa designation in the Regional Official Plan to pennit the redevelopment of the site for various retail and service commercial uses. It is recommended that Council support the approval of the Official Plan Amendment Application OPA 01-008/19. 4.7 Other Matters With Council's adoption of Amendment 9, minor informational revisions to the Village East Neighbourhood policies and the Regional Node 2 Development Guidelines will be required (an Official Plan amendment is not required). The revisions relate primarily to explanatory text and name change. It is recommended that Council authorize staff to make any necessary "housekeeping'! changes to both documents. 5.0 Applicant's Comments Appendices I and 11 of the Report were forwarded to the applicant for review and comment. As of the signing of the Report, no comments have been received. APPENDICES: I By-law to adopt Amendment 9 to the Pickering Official Plan (Amendment included as Exhibit #1 to By-law) II Draft Amendment to Zoning By-law 3036 ATTACHMENTS: Map 1. Location Map 2. Applicant's Revised Concept Plan Report to Council PD 33-02 Date: July 9, 2002 1 5 Subject: Regional Official Plan Amendment Application OPA 01~008/D Page 8 Picketing Official Plan Amendment Application OPA 01-005/P Zoning By-law Amendment Application A25/01 Report and Meeting Minutes 3. Text of Information Report No. 04-02 4. Minutes of Public Information Meeting Public Comments 5. J. Weiz and Z. Schmerler, (letter dated February 7, 2002) 6. Peter Walker (letter dated February 28, 2002) 7~ Dan Mayer (letter dated March 25, 2002) Agency Comments 8. Comment letter from Supervisor, Development Control (letter dated February 7, 2002) 9. Comment letter from Toronto and Region Conservation Authority (letter dated February 7, 2002) 10. Comment letter from Canada Post (letter dated April 12, 2002) 11. Comment letter from Region of Durham (letter dated July 12, 2002) Peer Review Comments 12. Conclusions of Malone Given Parsons Ltd. (Peer Review Report dated June 21, 2002) Prepared By: Approved / Endorsed by: Grant McGregor, MC~, KP~- ' ' ~ Neil Carroll, MClP, RPP Principal Planner-- Policy - ~/lSirector, Planning & Development Catherine L. Rose Manager, Policy GM:td Attachments Copy: Chief Administrative Officer Division Head, Corporate Projects & Policy Division Recommended for the consideration of Piekering City Council /~ I,'¢il)m~s J. Qufnn, Chief Adm~fis/tr~tive Officer APPENDIX I TO REPORT NUMBER PD 33-02 BY-LAW TO ADOPT OFFICIAL PLAN AMENDMENT 9 TO THE PICKERING OFFICIAL PLAN 1.7 THE CORPORATION OF THE CITY OF PICKERING B¥- AWNO. Being a By-law to adopt Amendment 9 to the Official Plan for the City of Picketing. (OPA 01-005/P) WHEREAS pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of the Corporation of the City of Pickering,may by by-law adopt amendments to the Official Plan for the City of Pickering, and submit them to the Region of Durham for approval; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. That Amendment 9 to the Official Plan for the City of Picketing, attached hereto as Exhibit "A", is hereby adopted; 2. That Amendment 9 to the Official Plan 'for the City of Picketing shall not come into effect until the related Regional Official Plan Amendment (OPA 01-00S/D) is approved and has come into effect; 3. That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments; 4. This By-law shall come into force and take effect on the day of the final passing hereof. BY-LAW read a first, second and third time and finally passed this __ day of __ 2002. MAYOR WAYNE ARTHURS CLERK BRUCE J. TAYLOR 1.8 Exhibit "A" to By-law TO THE CITY OF PICKERING OFFICIAL PLAN AMENDMENT 9 TO THE PICKERING OFFICIAL PLAN PURPOSE: The purpose of this Amendment is to redesignate "Regional Node2" to "Specialty Retailing Node" in the Pickering Official Plan. LOCATION: The Amendment affects an area extending along the east side of Brock Road from Highway 401 in the south to the northern limit of the Metro East Trade Centre property, as shown on Schedule 'A' of this Amendment. Specifically, the Amendment affects four properties: the Picketing Home and Leisure Centre, a Canadian Tire Store, a Wal-Mart Store and the recently reduced in size Metro East Trade Centre building. BASIS: Previous planning approvals have shifted the focus of Regional Node 2 l~om primarily a Trade Centre function with ancillary special purpose commercial uses to large format and special purpose commercial uses. As well, to ensure that the area complemented the Downtown Core, specific retail unit sizes restrictions were also approved. The trade center has not achieved its intended function of attracting a strong trade show business. A more efficient use of this portion of the METC property for other uses is proposed by removing the Trade Centre building, and in its place, construct the whole site with a variety of large format retail uses. The proposal is considered a further refinement to the approvals previously granted. An applicant has proposed tO relocate the Picketing Markets to another site within Picketing. Therefore, retaining the trade center function is not an essential land use at the METC site and there are no other lands of sufficient Size within Regional Node 2 to accommodate this use. As well, the Peer Review results of the Retail Market Study indicate that the proposed commercial development is not expected to cause any significant or sustained sale transfers, or put at risk any existing retail projects within the study area boundaries. To ensure that this Node continues to be distinct and complementary to the Downtown Core, the specific retail unit sizes will be retained on the METC property. ACTUAL The Pickering Official Plan is hereby amended by: 1. Amending Schedule I - £and Use Structure by deleting the "Regional Node 2" designation in its entirety and replacing it with a "Specialty Retailing Node" designation, by adding a "Specialty Retailing Node" and deleting the "Regional Node 2" from the Land Use Structure legend; as ~ustrated on Schedule 'A' attached to this Amendment; 2. Amending Table 2, by adding the words "Specialty Retailing Node" in the Mixed Use Areas row under the Land Use Subcategories column, and deleting the words "Regional Node2" in the Regional Nodes row under the Land Use Subcategories column, so that Table 2 now reads as follows: Append.ix I to Report to Council PD 33-02 Amendment 9 to the Pickering Official Plan- Amendment for the Regional Node 2 lands Open Space. i The area's ability to withstand human activity System without/mpairing significant ecological Active Recreational Areas i functions or endangering human life/prope~y M~tina Areas Areas ! people served by the Mixed Use Area Community Nodes ! Mixed Corridors i DowntownSpecial .ty RetMllngCore Node Regtonal [ The intended focus and mix of uses and Nodes { activities in the node Areas [ requirements, and design/performance Prestige Employment ............. ~s_t .a~ .d._a~_ _ds._o_f ._tl3_e _~e_a- ................................... _l~dx___e_d E~m_ .p loym..__._ _ .c~n.t_ ....... Urban i The minimum and maximum number of Low Density Areas Residetttial , residential dwell~ permissible in the area Medium Density Areas Areas I High Density Areas Settlements I the settlement Rural Clusters [ Rural Hamlets Freeways i The opportunity to accommodate additional Potential Multi-Use Areas and Major I uses or activities in the area Controlled Access Areas Utilities Areas Seaton } not applicable no subcategozies Area t ~ Airoort Site . Study Areas ] The location of the area, either urban or tarral Urban Study Areas ......... 2 Rural Study Areas 3. Amending Table 4 by adding the words . "Specialty Retailing Node" to "Mixed Corridors" under the "Picketing Plan Designation" row so that it now reads as follows: Main Central Area I Downtown Core Community Central A_teas } Community Nodes Local Central Area Local Nodes Section 8.2.2 (intensive mixed { Mixed Corridors uses alo roads .t S. ci l. Appendix I to Report to Council PD 33-02 Amendment 9 to the Picker;rig official Plan - Amendment for the Regional Node 2 lands 4. Amending Table 7 by replacing the words "Regional Node 2" with the words "Specialty Retailing Node" under the Regional Nodes Subcategory; deleting the words "Trade Centre and" from the Regional Node Subcategory column and deleting the words "Trade centers and" from the Permissible Uses collamn~ and moving the entire "Specialty Retailing Node" row from Table 7 to Table 5 between the Mixed Corridors and Downtown Core rows so that Tables 5 and 7 now reads as . follows: Residential; Retailing of goods and services generally serving the needs of the surrounding neighbourhoods; Offices and restaurants; Community, cultural and recreational uses. All uses permissible in Local Nodes, at a larger scale and intensity, and serving a broader area. AH uses permissible in Local Nodes and Community Nodes, at scale and intensity equivalent to Community Nodes; Special purpose comm~reial uses. Hotels; Special Purpose Commercial uses such as:/arge format (including l~rge format food stores and large format disci~!~nt stores): retail warehouses: membership clubs: theme and/or specialty retailers: automotive uses; and_ a~cillgry ret~illn_~ of 0ther goods ~ind services includin_~ testaurant~; ! ira!ted offices: Community. cultural and recreational uses; ~jmited residential develo?ment at hi?her densities as an inte_~ral part of an overall development scheme. AH uses permissible in Local Nodes and Community Nodes, at the greatest scale and intensity in the City, serving City-w/de and regional levels; Special purpose commercLal uses, Appendix I to Report to Council PD 33-02 Amendment 9 to the Pickering Official Plan - Amendment for the Regional Node 2 lands Community, cultural and recreational uses; Limited offices, and limited retailing of goods and services including restaurants; Residential usesDa. t 5. Amending Table 6 by adding a new "Specialty Retailing Node" row between the '~Mixed Corridors" and "Downtown Core" rows so that it now reads as follows: over 30 and up to and i up to and including 10,000 i up to and including in~ua~g 8o t, [ 2.0 Fs~ including 140 i I 2.$ FSI over 30 and up to and ! determined by site-specific i up to and including including 140 i zoning i 2.5 FSI r 0 d u determined by site-specific up to and including including 180 i zo.~g : 2.$ FSI over 80 and up to and up to and including 300,000 i up to and including including 180 , ! 3.0 FSI Appendix I to Report to Council PD 33-02 ~., 3 Amendment 9 to the Pickering Official Plan- Amendment for the Regional Node 2 lands 6. Amending section 3.7 (b) by deleting the words "or Regional Node 2", replacing the words "Regional Node 2" with the words '~the Specialty Retailing Node" ia section 3.7(c); replacing the number "7" with the number "5" in sections 3.7(c)(iii) and 3.7 (d); replacing the number "31,000" with the number "49,000" in section 3.7(c)(iii); and moving subsections (c) and (d) from section 3;7 to section 3.6 and realphabetizing them as sections 3.6(g) and (h) so that section 3.6 now read as follows: "City Council, (a) ...; C~) ...; (c) ...; ~(d) ...; (e) ...; (0 ...; within the Specialty Retailing Node, prior to zoning for si~niflcant retail floor space, shah require the submission of a retail impact study iustifying, to the Ci.ty's satisfaction, in consultation with the Region of Durham, that the addition of such floor space will not adverse.ly affect the planned function of the Downtown Core. the other municipalities in the Regiom for lands north of Picketing Parkway. shah establish a minimum gross leasable floor area of 500 square metres for any permitted individual retail unit~ except that up to an aggregate of 1,400 square metres of leasable floor area may be devoted for any. permitted individual retail unit of less than 500 square metres of gross leasable floor area, but not less than 300 square metres of gross leasable floor areal for lands north of Picketing Parkway, shall establish a maximum aggregate gross leasable floor area of 49,000 square metres for all special purpdse commercial uses permitted by Table $; i~ shall not permit an enclosed shopping centre or pedestrian mall; shall not permit Occupancy. of any .type of food store with a gross leasable floor area greater than 700 square metres prior to June 11. 2003; and Appendix I to Report to Council PD 33-02 Amendment 9 to the Picketing Official Plan- Amendment for the Regional Node 2 lands (g) for the purposes of Table 5, shah define "large format discount stores" to include a discount department store as defined by Statistics Canada, such as but not limited to ZeHers and Wal-Mart, engaged in general merchandising of a wide range of commodities and services which may include but is not limited tO 'apparel, hardware and household goods. garden supplies, automotive supplies, leisure, pet and drug items and tOys, but shah not include a major department store as defined by Statistics Canada~ such as but not limited to Eatons~ Sears and The Bay." IMPLEMENTATION: The provisions set forth in the City of Picketing Official Plan, as amended, regarding the implementation of the Plan shah apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. SCHEDULE 'A' I "INCH REDESIGNATE FROM "REGIONAL NODE 2" TO "SPECIALTY RETAILING NODE" AS SHOWN X ' "'3 © © EXTRACT FROM SCHEDULE 3' TO '.t'.l~ LAJND USE STRUCTURE PICKERING OFFICIAL PEAN o~ sp.oE S~TE,~ EM~'O¥.ENT *"~S ~REEW*¥S EDITION 2 ~ Acr~ ~'c,~,'noN,~_ MIXED USE ~S ~ MIXED ~PLO~ENT OTHE~ m COMMUNIW NODES URBAN RESIDENTIAL AR~ m u.~ ~DY AR~ REGIONAL NODES ~ADD "SPECIAL~ R~AILING NODE, '-- ~ RE~ION~ NODE 1 I UNDER ~ND USE S~UC~RE S~ 1 OF 3 ~ ~o.~ Noa~ z ~'~ ~ ~%~. / ~ND USE STRUC~RE m APPENDIX H TO REPORT NUMBER PD 33-02 AMENDING ZONING BY-LAW TO IMPLEMENT ZONING BY-LAW AMENDMENT APPLICATION A25/01 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Picketing, Region of Durham, Part of Lot 18, Concession 1, in the City of Pickering. (OPA 01-008/D, OPA 01-00S/P, A25/01) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit the removal of the trade center use, decrease the minimum floor area for a large format food store, and increase the maximum aggregate floor area for all uses on the subject lands; AND WHEREAS an amendment to By-law 5511/99, is therefore deemed necessary; NOW TI-IEREFORE TI~ COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I AMENDMZNT Schedule I with notations and references shown thereon is hereby amended by changing the zone symbol from "TC/(H-2)SPC" to "(H-2)MU-SRN'. 2. TEXT AMENDMENT 2.1 Section 2, of By-law 5511/99 is amended by changing the zone symbol from '°rC/(H-2)SPC" to "(H-2)MU-SRN"; 2.2 Section 4. of By-law 5511/99 is amended by deleting subsection (22); 2,3 Section 5. of By-law 5511/99 is amended by deleting all reference to the zone symbol '~rC/(H-2)SPC" and replacing it with "(H-2)MU-SRN'; 2.4 Clause 5 (1)(xii) of By-law 5511/99 is amended by deleting trade centre as a permitted use; 2.5 Subclause (2)(iii)(A) of By-law 5511/99 is amended by replacing the number "40,000 square metres" with "49,237 square metres"; 2.6 Clause 5 (2)(iii) of By-law 5511/99 is amended by deleting subclauses (B) and (E); 2.7 Subclause 5 (2)(iii)(G) of By-law 5511/99 is amended by replacing the number "6,000 square metres" with "4,515 square metres"; 2.8 Clause' 5 (2)(iii) of By-law 5511/99 is further amended by realphabetizing paragraphs (A) to (o); 2.9 Subclause 5 (2)(v) of By-law 5511/99 is amended by deleting paragraph (B); 2.10 Subclause 5(2)(v)(C) of By-law 5511/99 is amended by deleting the word "other"; 2.11 Subclause 5(2)(vi)(H) of By-law 5511/99 is amended by deleting the phrase "with the exception of the trade center use"; 2.12 Subclause 5 (2)(vi) of By-law 5511/99 is amended bydeleting paragraphs (A), (B), and (C); 2.13 Clause 5 (2) (vi) of By-law 511/99 is hereby further amended by realphabetizing paragraphs (A) to (K). 3. BY-LAW 5511/99 By-law 5511/99, as amended, is hereby further amended only to the extent neeessmy to give effect to the provisions of this By-law as it applies to the area set out in Schedule I and Sections 4. and 5. attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended; 4. EFFECTIVE DATE This by-law shall take effect from the day of passing, subject to the approval and coming into effect of Amendments to the Durham Regional Official Plan and Picketing OfficialPlan respectively (resulting fi:om the approval of Regional Official Plan Amendment Application 01-008/D and Picketing Official ?lan Amendment Application 01-005/P r~specfivety), or subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second and third time and finally passed this day of ., 2002. WAYNE ARTHURS CLERK BRUCE $. TAYLOR ATTACHUENT f~TO REPORT # PD *,'%~-u/__ ~ 9 Ci~ of Picketing Planning & Development Depa~ment ~ ~ND8 8U~EGT TO OFFICIAL P~N AMENDMENT CPA 01-~5/P ~ ~NDS SUBJECT TO ZONING BY-~W AMENDMENT A 25101  DATE ~U~Y ~,,~00~ I INFORMATION REPORT NO. 04-02 FOR PUBLIC INFORMATION MEETING OF February 21, 2002 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, 1LS.O. 1990, chapter P.13 SUBJECT: Regional Official Plan Amendment Application OPA 01-008/D Picketing Official Plan Amendment Application OPA 01-005/P Zoning By-law Amendment Application A 25/01 First Simcha Shopping Centres Limited (Metro East Trade Centre) Part of Lot 18, Concession 1 City of Picketing 1.0 PROPERTY LOCATION AND DESCRIPTION - the IV[ETC property including the Wal-Mart store is approximately 19.6 hectares in area, and is located at the north-east comer of Brock .Road and Pickering Parkway (see locati°n map - Attachment # 1); the METC building is used as a weekend flea market and occasionally for specialized short-term sales and trade shows; uses surrounding the METC property are: low-medium density residential development to the east; the Home & Leisure Centre and the new Canadian Tire store on the south side of Picketing Parkway; medium density residential development on the west side of Brock Road; and a service station and Brockington Plaza to the north. 2.0 APPLICANT'S PROPOSAL First Simcha Shopping Centres Limited, owners of the METC/Wal-Mart property, is proposing to amend the Picketing Official Plan and zoning bylaw by: · redesignating the METC/Wal-Mart property and surrounding lands including Canadian Tire and the Picketing Home & Leisure Centre from Regional Node 2 to Special Purpose Commercial; · deleting the trade centre and high density residential uses that are currently permissible on the METCDVal-Mart property and surrounding lands, from the new Special Purpose Commercial designation; · adding the new Special Purpose Commercial designation and related policies to the Mixed Use Area section of the Picketing Official Plan; · increasing the maximum aggregate gross leasable floor area t~om 31,000 square metres to 49,000 square metres for the METC/WaI-Mart property; and · mending the zoning by-law for the METC/Wal-Mart property to implement the proposed changes to the Official Plan; a copy of the conceptual site plan is provided for reference (see Concept Plan - Attachment #2); - a copy of the proposed amendment to the Picketing Official Plan is included as Appendix I; · 3.0 BACKGROUND - in September, 1997, the Region of Durham approved the Pickering Official Plan, which designated the trade centre and surrounding lands as Regional Node 2; within the Regional Node 2 policies, the Region deferred (Deferral 4) the approval of major retailers, supermarkets, department stores, and residential uses as permissible uses; Information Report No. 04-02 RE?ORr ~ PD_ ', _'3~- u~. ...... Page 2 32 in June, 1998, the Region resolved Deferral 4 by approving the following permissible uses within the Node: trade centre and hotels; · special purpose commercial uses such as: large format retailers (including large format food stores and large format discount department stores); retail warehouses; membership dubs; themes and/or speciality retailers; automotive uses; and ancillary retailing of other goods and services including restaurants; · limited offices; community, cultural and recreational uses; and · limited residential development at higher densities as an integral part of an overall development scheme; - this decision of the Region was appealed to the Ontario Municipal Board; in June, 1999, the Ontario Municipal Board further modified and approved Deferral 4 by approving the permissible uses approved by the Region and by adding floorspace and units size restrictions, as well as a definition of"large format discount department store". 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan the Durham Regional Official Plan designates the METC property and surrounding lands as Regional Node 'a '; Regional nodes are to be developed in a manner that will attract compatible uses, provide necessary transportation facilities, and incorporate high quality designs and visual standards; Node 'a' is to be developed for specialized uses such as trade centres and ancillary facilities such as a hotel and complementary uses, including select special purpose commemial uses, industrial uses, offices, research and data processing centres, and limited residential development at higher densities; - Brock Road is designated as a Type A Arterial Road and as a Transit Spine in the Regional Official Plan; - an application to amend the Regional Official Plan to redesignate the METC property and surrounding lands, from Regional Node 'a' to a Living Area designation, to permit the redevelopment of the property for large format and special purpose commercial uses has been submitted; 3.2 Picketing Official Plan Schedule I of the Picketing Official Plan - Land Use Structure designates the METC property and surrounding lands as Regional Node 2; it is intended as a trade centre and specialty retailing node serving a broad regional market; major retail uses may also be permitted in a manner that is complementary to the Downtown Core; residential uses may also be permitted; Policy 3.7 (¢) of the Official Plan specifies that prior to zoning for significant retail floor space, a retail impact study is required justifying to the City's satisfaction, in consultation with the Region of Durham, that the addition of such floor space will not adversely affect the planned function of the Downtown Core, the Community Nodes, or other Main Central Areas in other municipalities of the Region; Brock Road is designated as a Type A Arterial Road and Transit Spine in the Pickering Official Plan; such a designation indicates that the road is designed to accommodate large volumes of traffic at moderate to high speeds over relatively long distances, and that a higher level of transit service is expected to be offered along Brock Road; a portion of the property is also within the Flood Plan Special Policy Area of Schedule III - Resource Management of the Official Plan, this designation permits development provided appropriate flood protection measures are instituted; ~A{;H~:tE~T #~TO Page 3 Information Report No. 04-02 R~PORT ~ ?O ?~D- t ~- ~. 3 3 - the subject property is situated within the Village East Neighbourhood which includes Council-adopted development guidelines for Regional Node 2; such guidelines are intended to guide the development or redevelopment of lands within the Node; Policy 11.2 of the Official Plan indicates that Council shall ensure that any development proposal complies with the adopted guidelines; the applicant has submitted an application to amend the Pickering Official Plan to delete the trade center use and redevelop the METC property with large format and special purpose commercial uses, containing a maximum aggregate gross leasable floor area of 49,000 square metres (see Appendix 1); 3.3 Compendium Document -. as noted above, the subject lands fall within a Detailed Review Area for which Council has adopted the Regional Node 2 - Development Guidelines; - the Guidelines provide direction on community design objectives relating to building location and orientation, fenestration, massing, aesthetics, and exterior amenities; - there are detailed design elements for all of the lands north of Picketing Parkway such as view corridors, primary driving aisles, access points, build-to zones, boundary area, special design requirements, and other detailed design interests; - the applicant has indicated that the proposed redevelopment of the METC lands will be consistent with the Guidelines; 3.4 Zonin~ By-law Zoning By-law 3036, as amended by By-law 5522/99, zones the subject lands "TC/(H-2)SPC" - Trade Centre/Special Purpose Commercial, which permits trade centre, office, large format and special purpose commercial uses; an amendment to the zoning by-law is required to implement the applicant's proposal to delete the trade centre as a permitted use, increase the maximum aggregate floor area for all uses from 40,000 square metres to 49,237 square metres; and reduce the minimum floor area for a food store from 6,000 square metres to 4,515 square metres; other minor changes including parking standards and relief from building locations are requested. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no written resident comments have been received to date; however, several telephone calls have been received expressing concerns with current operational/maintenance matters with the METC property. 4.2 Agency Comments Durham District School Board - has no objections to the proposal (see Attachment #3); Veridian Connections - advises that the applicant must obtain specific approval of the new electrical service arrangement that will be required (see Attachment ~4); 4.3 Staff Comments 4.3.1 Proposed Regional Plan Amendment staff must review the purpose and intent of Regional Nodes in the Regional Official Plan and make a recommendation to the Region as to whether the proposed Living Area designation for Regional Node 'a' is appropriate to implement the applicant's proposal; preliminary review finds that although large format and special purpose commercial uses are generally intended to serve specialized needs, the market area is not always regional in naturc; , , ATTACHM[NT~~TO Information Report No. 04-02 REPORT ~ PD ~- O'Z Page 4 34 in contrast, a Regional Living Area designation can permit, through a Special Purpose Commercial designation in the local Official Plan, other specialized retailing opportunities serving occasional needs and requiring larger parcels of land; depending on the final outcome of the regional and local plan changes; Pickering may be recommending site specific provisions in the Regional Official Plan to address development of the former Regional Node 2 lands in their entirety Or specifically for the IVIETC lands; 4.3.2 Proposed Pickering Plan Amendment - staff is reviewing the required planu~g analysis submitted by the applicant that provides, the rationale for the proposed amendment; as well, several sub-issues have been identified for review as follows; (a) proposed deletion of the trade centre use - previous planning approvals had shifted focus of Regional Node 2 from primarily Trade Centre fimction with ancillary special purpose commercial uses to primarily large format and special purpose commercial uses; the METC, even when operating at it original full size, failed to capture a strong trade show business; the current by-law requires retention of the METC floor area, but the trade centre is primarily used on weekends for a flea market and the occasional specialized short term sale or trade show; elimination of the METC building will displace the flea market business; the applicant's submitted planning analysis indicates that the METC is not performing as intended, and concludes it is therefore appropriate to consider a more efficient use of this portion of the property for other uses; First Simcha is proposing to replace the METC floor area with new large format retail uses; although the METC may close in its present location, staff needs to assess whether other opportunities can be provided elsewhere in the Node 2 lands that could provide a similar function, prior to determing the appropriateness of deleting the trade centre use; (b) proposed increase in floor area for large format and special purpose commercial uses ' - during the 1999 approvals for the METC lands, certain minimum mt and floor area requirements were established; the current proposal represents an increase of 18,792 square metres over the amount of large format and special purpose commercial floor area permitted under current the official plan and zoning floor area restrictions; - the applicant's submitted market study concludes that there is market support for the proposed additional floor area and that it should be absorbed in the market in a reasonable period of time without an undue risk of market impact on existing and planned retail centres; - the City, in consultation with the Region, is retaining a consultant to peer review the market study; with the exception of the minimum size for the food store use, the proposal is not changing any of the other per unit minimum floor space sizes; (c) proposed reduction in required minimum floor area of the large format food store ~ previous planning approvals for the METC property concluded that the minimum floor area for a large format food store should be 6,000 square metres; - the minimum floor area requirement for the food store was based on the market study submitted with the 1998 applications, the peer review of that market study, and-analysis undertaken of the work by the Region of Durham relating to Amendment 28 to the Regional Official Plan that dealt with retail warehousing; Information Report No. 04-02 A~,~¢I'I~)ENT f~T0 Page 5 - the applicant's market study submitted in conjtmction with this current application concludes that despite the reduced minimum floor area for the proposed food store, the food store will surpass the draw of smaller and more common 'neighbourhood servicing' supermarkets that are found throughout Picketing; as indicated above, a peer review of the market study is being undertaken with. an emphasis on the review of food/grocery store component; results from the peer review are anticipated in April; further review by staff is required to determine whether a reduction of the minimum floor area for a food store floor area maintains the purpose and intent of large format and special purpose commercial area, or whether it is appropriate to allow an exception for the reduced floor area food store; (d) proposed elimination of the opportunitY for high densitY residential use through the 1997 approval for the Picketing Official Plan and subsequent development application, Gentra Canada Investment Inc., received approval for high densitY development as part of a co-ordinated development concept; subsequently, in 1998, Gentm Canada sold the METC property, to First Simcha Shopping Centre Inc.; through careful design, high densitY residential can be coordinated with large format and special purpose commercial uses; however preliminary review of the submitted concept plan show no protection of land for such purposes; - nevertheless, other landowners may choose to take advantage of this permission; - further, the special purpose designation under the Regional Official Plan des not typically permit residential uses despite its "parent" Living Area designation; - the appropriateness of deleting the permission for residential use from the Official Plan requires further review; (e) proposed content and form of draft amendment - consideration must be given to the unique mix of uses requested, and how they can be permitted if recommended for approval under the framework of both the Regional and local official plans; preliminary review indicates an inconsistency between the applicant's proposals to amend the Regional Official Plan to Living Area while amending the Pickering Official Plan to special purpose commercial under the Mixed Used Areas section of the Picketing Official Plan; the Mixed Use Areas designation in the Picketing Official Plan corresponds to the Central Area framework of the Regional Official Plan; accordingly, staff must determine whether it is appropriate to include the Special Purpose Commercial designation in the Mixed Use Area section of the Picketing Official Plan as suggested by the applicant, or create a new section in the Official Plan to address special purpose commercial, or possibly to incorporate it under the residential section of the Plan; depending on the approach, technical revisions will be required to the form of the amendment to implement the new designation; 4.3.3 Regional Node 2 Development Guidelines the METC property and surrounding lands are currently governed by the Regional Node 2 Development Guidelines; site plan approval was granted for earlier construction of the Wal-Mart store and partial demolition of trade centre building on the basis of a "comprehensive design/concept plan"; this design/concept plan complied with the Development Guidelines; the applicant has submitted a preliminary site plan for the entire property, as proposed to be redeveloped by the current application (see Attachment #2); ['~" 6 Information Report No. 04-02 aEP0~I'A'rl'A¢~SI~I~N'r# PD~/-#~TO Page 6 - preliminary review suggests several key structural elements of the design/concept plan (including traffic aisles, pedestrian connections, and landscaped areas) are no longer being complied with; therefore additional review of these discrepancies is required to ascertain whether additonal zoning or new guidelines are required to addres./concerns, or whether these matters can be dealt with at the site plan approval stage; further, if the broader area is redesignated as requested from Regional Node 2 to a new designation, staff will have to process technical amendments to change the name of the Guidelines and references thereto; 4.3.4 Zoning based on the final recommended land use provisions, further review of the requested zoning changes will be undertaken; staff will also need to determine whether any conditions of approvals are required prior to forwarding the implementing zoning bylaw; in addition, the need for any additional zoning provisions to be added to control development of these lands will be assessed; 4.3.5 Regional Official Plan Review (Commercial Policy Review) - the Region of Durham is currently undertaking a review of the commercial policies Of its official Plan; - Regional staff is in the process of retaining a retail consultant to assist in this review; - the City will consider any available results from the commercial review in completing our review of this proposal; 4.3.6 Transportation/Traffic Impacts - the applicant has submitted a traffic study describing the changes in traffic anticipated by the proposed redevelopment, impacts on level of service of existing intersections, and recommended improvements are proposed; the study concludes that the proposed development can be supported by the current transportation network, with the recommended modifications to the road network; City and Regional staff are reviewing the traffic study; as part of the site plan review process, the City will be requesting an "on-site system control analysis"; current areas of concern include the internal intersection to Wal-Mart just north of the Picketing Parkway signal opposite Canadian Tire, and deletion of any main aisles or pedestrian connections in previously approved site plans; 4.3.7 Technical Matters a stormwater management report addressing on site management controls during and post construction will be required at the site plan stage; the stormwater report will also have to address the need for any special grading to address flood plain issues; - revised site plan approval will be required; 5.0 PROCEDURAL INFORMATION 5.1 Official Plan Amendment Approval Authority the Region of Durham may exempt certain local official plan amendments from Regional approval if such applications are determined to be locally significant, and do not exhibit matters of Regional and / or Provincial interest; since this proposal also requires a Regional Official Plan Amendment, the local official plan amendment is NOT exempt from Regional approval; A'rlAGHMENT # TO age 7 3 7 Im%rmation Report No. 04-02 flEP0fll # PD_~_~ ........ 5.2 General written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any official plan amendment or zoning by-law for this proposal; if you wish to be notified of the decision of the Region of Durham with respect to the proposed amendment to the official plan, you must make a written request to the Commissioner of Planning, Region of Durham Plan_rdng Department if you wish to be notified of the adoption of an official plan amendment or the passing of a zoning by-law, you must make a written request to the City Clerk. 6.0 OTHER INFORMATION 6.1 Appendix I copy of the proposed Picketing Official Plan Amendment; 6.2 Appendix II - those whose comment on the proposal were received at time of writing are listed; 6.3 Information Received - the City of Pickering has received the following technical information/reports on the proposed applications: · a "Planning Report" dated October 2001, prepared by Armstrong Goldberg Hunter; · a '~Metro East Trade Centre Traffic Study" dated October 2001, prepared by iTRANS Consulting Inc. · a "Retail Market Oppommity & Impact Study" dated December 2001, prepared by the Climans Group Inc.; and · full-scale copies of the applicant's submitted site plan; - all of the above information is available for viewing at the City of Pickering Planning & Development Department; - the applicant has withdrawn their Original request to delete policy 3.7(v) of the Official Plan restricting the occupancy of the food store on the property prior to June 11, 2003. ORIOIN~ SIGNED BY ORIGINAL SIGNED BY Grant McGregor, MCI1~, RPP Catherine Rose Principal Planner - Policy Manager, Policy GM/CLR/sm Attachments Copy: Director, Planning & Development Statutory Public Information Meeting Minutes '~ 8 K~T/~CHMEN?# ~ TO Thursday, February 21, 2002 PICKERING :oo Chair: Councillor Holland (III) REGIONAL OFFICIAL PLAN AMENDMENT APPLICATION OPA 01-008/D PICKERLNG OFFICIAL PLAN AMENDMENT APPLICATION OPA 01-005fP ZONING BY-LAW AMENDMENT APPLICATION A 25/01 FIRST SIMCHA SHOPPING CENTRES LIMITED (METRO EAST TRADE CENTRE) PART OF LOT 18~ CONCESSION 1 1. Grant McGregor, Principal Planner, Policy, provided an explanation of the application, as outlined in Information Report #04-02. 2. Michael Goldberg, Planning Consultant, representing the applicant, advised that a market impact study has been provided as well as a planning analysis and transportation analysis. He further advised that in 1999 uses were proposed and approved and these are the same uses that are being proposed with this application. Elimination of the trade center and better efficiency of the area is what is proposed with a net overall increase of 100,000 sq. ft. Unit size restrictions were placed on this property in the 1999 By-law and no changes will be made. Refinement of the previous approvals is what is anticipated. 3. Nina Kontrara, stated her concern for the heritage of Pickering, advising that small businesses should not be displaced for large box businesses. 4. Mark Resnick, representing the Pickering Town Centre, advised of his representation of the Piekering Town Centre. 5. Leslie Blackmore, 640 Simcoe St., Oshawa, advised that she is a vendor at the Flea Market which is held in the Metro East Trade Centre and has patrons from all over not just Pickering. She questioned if visitors to the flea market have been asked how they feel about this application. She also inquired whether or not vendors will have first rights to leasing if the new facilities. 6. Chad Bapfiste, advised of his presence and representation of Canadian Tire. 7. A vendor at the Flea Market stated that the market is profitable enough and there is no need to demolish it. He suggested that new proposal include maintaining the Metro East Trade Centre. 8. Paul Fel'dman, 965 Mountcastle Cres., vendor, advised that the market runs at high capacity. More specialty stores are not needed when they are available within a short distance. 9. Grant Morris, 289 Starview Crt, suggested that Council take a position to ensure a location for vendors. 10. Ron Halliday, 427 Taunton Road, advised of his presence and representation of Cougs Development. 11. A resident of Scarborough stated that the flea market has a personnel touch and vendors provide personnel service. 12. Jack Weisz, co-owner of Brock Plaza, stated his objection to the application. He advised that tenants are struggling to make ends meet and this application will destroy them as well as the City core. 13. John Liska, 700 Amaretto Ave., stated his opposition to the proposal, advising that people from far and wide know of the market.  Statutory Public Information Meeting Minutes n ~ ~TTACHMENT# ~ .L.J. TO Thursday, FebruarY7:0021, P.M.2002 ,~ 9 PICK Ei ING ' - az.......... Chair: Councillor ItoUand 13. John' Liaka, 700 Amaretto Ave., stated his opposition to the proposal, advising that people from far and wide know of the market. 14. Andy Payne, vendor, advised that it is the Council's responsibility to know the thousands of people who will be affected by this application. 15. Sylvain Trepanier, 1218 Monica Cook Place, stated that staffhave not considered revenue generated by this market. He questioned if direct impact has been investigated by the City. He stated that if this application is to go forward, he hoped that the applicant would work with the vendors to ensure they have a location or give them first lease opportunity. 16. Michael Goldberg, Planning Consultant, representing the applicant, stated that they have the utmost sensitivity and regard for those affected by this application. He stated that the METC is privately owned and the tenants are on a month to month basis. He further stated that they would take the previous comments into consideration. ~a~ ,~ ~_~:~Z_ ......... R E C E i V E D BROCKINGTON PLAZA INC. FEB - 8 2002 17 Portsmith Road, Willowdale, Ont., M2L 2W7 phone (416) 445-8913 fax (416) 445-0940 CLERK'S DIVISION February, 7, 2002 City Clerk F~B 1 City of Pickering One the ~planade Pickehng, ON L1V 6K7 Re: First S~cha Shopp~g Centers ~mited Application Region~ Offici~ Plan.~endment Application OPA Ol:008/D ~cke~ng Offici~ Plan amendment Application OPA Ol-O05/P Zo~ng Byqaw ~endment Application A 25/01 We are the owners of the s~ip plea at 1725 K~gston Road, Picke~ng, Ont. adjacent to the subject property'of ~e applicant. We are hereby exPress~g our objecOon to the above noted mendments ~d we wish to be 0n ~e record for us to be notified 'of ~y meetings or decisions concerning this application. Could you please send ~my notifications to fl~e attention off J, Weisz Brockington Plaza Inc. 3625 Dufferin Street S~m 120 'Toronto, Ont. M3K 1N4 Z. Schmerler /[:'. ' Brockington Plaza Inc. 17 Portsn~ Road ~'/ ~.7- : ..... Willowd~e, OnL M2L 2W7 O/~ 4- .... ' ."" Yours truly BROCKINGTON P~ZA ~C: Associates Limited Urban Design By Fax and Mail NAR 5'~002 JU) EnvironmentalAssessment City 0f'Pickering CITY OF PICKERING Planning Department PICKERING, ONTARIO 1 The Esplanade Pi ckedng, On tado ~T-rA[;H MEN T,._.~ _TO L1V 6K7 RE?0RT # PD~ ......... Attention: Mr. Grant McGregor, MCIP, RPP Dear Mr. McGregor: Re: Official Plan Amendment Application by First Simcha Shopping Centres Limited Metro East Trade Centre site, City of Picl(ering Official Plan Amendment Application File No.: OPA 01-005 / P Zoning By-law Amendment Application File No.: A 25 ! 01. Our'File: 98.519 172 st, George Street Toronto, Ontario We are the planning consultants for 20 Vic Management Inc., property managers MSR 2M7 for lands in the Town of Picketing known as Picketing Town Centre Shopping TEL416/968~3511 Centre. FAX 416 / 960-Ol 72 e-mail: admin~-~wndplan.com We are submitting this letter on behalf of our client to express concern with the web: www.wndplan.com applications by First Simcha Shopping Centres Limited to re-designate the Metro East Trade Centre site from "Regional Node 2" to "Special Purpose Commercial", together with proposed amendments.to related policies within the Picketing Official Plan. We are similarly concerned with the related Zoning By-law Amendment application. The applications currently before the Region and the City, if approved, would in practice allow an additional 200,000 sq. ft. of retail commercial space, with minimal restrictions as to permitted uses. Our client's are concerned-with the process of redevelopment of the subject site, which, it would appear, is being made on an ad hoc basis but with the cumulative effect of creating a regional-scale commercial centre. Our client's are further concerned by the planning process in that the planning controls on the site were the subject of a fairly recent Ontario Municipal Board hearing, with the Board's order only having been issued in June of 1999, following a settlement to which our client was a party. Our client had hoped that the Board approved settlement agreement would be respected. Our client's property, the Pickering Town Centre, presently serves a planned regional commercial function within a Main Central Area designation under the Regional Official Plan, and this function may be adversely impacted by the proposed scale of redevelopment of the METC site. Section 9.2.3 of the Regional Official.Plan states "Any Development of additional floor space for the retailing of goods and services in Central Areas shall not be permitted if the viability of any Robert A. Omg{~ev~c, MCIP, Rpp existing Central Area is likely to experience an undue economic decline.' The r ~' ~0 _TO Mr. Grant McGregor Februa~ 28, 2002 Ci~ of Pickering, Planning Depadment Page 2 METC site is not currently within a Central Area designation, yet its proposed scale lends itself to such a category of designation, with the accompanying necessary rationale as to why it should be permitted. The applicant is proposing a "Living Area" designation in the Regional Official Plan. This designation would permit "special purpose commercial" uses (with the ~ ~.~-"'"~~~ exception of super markets which the applicant has indicated is part of the proposal), provided the local Official Plan includes appropriate provisions and designations. We question the appropriateness of this proposed designation, and suggest that a Central Area designation is more appropriate given the proposed scale of the redevelopment. Simila'rly, the Pickering Official Plan states that '~vithin Regional Node 2, prior to zoning for significant retail floor space, shall require the submission Of a retail impact study justifying, to fhe City's satisfaction in consultation with the Region of Durham, thaf the addition of such floor st)ace will not adversely affect the planned function of the Downtown Core, the Community Nodes, and the nearby Main Central Areas in other municipalities in the Region." The Picketing Town Centre is within the Mixed Use Area - Downtown Core designation, and the attempt by the proponent to redesignate their lands as Special Purpose Commercial does not relieve them of their existing obligation to justify that their proposal will not adversely affect the planned function of the Pickering Town Centre. We understand that the Region and City have initiated a peer review of the market impact study which was submitted by the applicant in support of the applications. We look forward to the results of that peer review. Are clients are continuing their review o¢ this matter and reserve the right to make further submissions as considered necessary. Please contact me should you have any questions or require any additional information. Yours very truly, WALKER, NQTT, DRAGICEVIC ASSOCIATES LIMITED Planning · Urb..aaj;Design · Environmental Assessment Peter Walker, FCIP, RPP President and Senior Principal cc: Mr. Robert Yamamoto, 20 Vic Management Inc. ATTACHMEi~T #~TO REPORT~ PD ~-02 4 4 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM March 8, 2002 To: Grant McGregor Principal Planner - Policy From: Robert Start Supervisor, Development Control Subject: R~gional Official Plan Amendment Application ePA 01-008/D Pickering' Official Plan Amendment App!icatipn QPA 01-005/P Zorfing By-law Amendment Application A 25/01 First Simcha Shopping Centres Limited (Metro East Trade Centre) Part of Lot 18, Concession 1 City of Picketing We have reviewed the above-noted application and provide the following comments: 1) The internal traffic- flows at the main signalized entradce on Pickering Parkway should be reviewed, and restricted access to the main entrance from the Wal~Mart parking area be implemented. 2) The proposed units north of the existing Wal-Mart store appear to be located where the present stormwater management, (quantity control area) is situated. A stormwater management report will need to be provided and an acceptable storage system proposed before acceptance of the application ' can Be considered. Relocation of the existing storm sewer will also need to be addressed and quality controls reviewed. 3) The houses on Banbury Court will be affected by the proposed buildings, traffic aisle and parking. The proposed grade of the site needs to be established and then items such as noise, lighting, proposed screening and safety, etc. need to be addressed. Robert Start RS/sm Copy: Development Approvals Co-ordinator ,Oo.nos e orVat'fon March,5, 2002 AND REGION ~ CFN Mr. Grant McGregor Planning Department. Picketing Civic Complex ~_-_~ One The Esplanade MAR 1 :J 2002 f~_~ Picketing, Ontario L1V 6K7 CITY OF PICKERING Dear Mr. McGregor: . Pi~K~RINe~ ONTARIO Re:' "Regional Official plan Amendment Aonlicatlon.OPA 01-rj08/D Pickering .Official Plan Amendment/~l~plicati0n CpA 01-005/P ' Zoning By-law Amendment Application A 25/01 First Simcha Shopping Centres Limited (Metro East Trade Centre) Part of Lot 18, Concession 1 City. of Pickering ·, Authority staff have had an opportunity to review the above noted applications and now offer the.following comments. ... The subiect property is located partially within a Fill Regulation area and partially within the . Regional Storm Flood' Plain of Duffins Creek. Enclosed please find a part print °fthe Authority's Flood Plain and Fill Regulation Line map, Sheet Nos. 5 and 6 of Duffins Creek on which we have Plotted in red the subject property, in blue the Regional Flood Plain, and in green the Auth0rity's Fill Regulation Line. In accordance with Ontario Regulation 158 (the Authority's Construction and Alteration to 'Waterways Regulation), a permit is required from the Toronto and Region Conservation Authority (TRCA) prior to any of the following works taking place: (A) construct any building or structure or permit any building or structure to be constructed in cron a pond or swamp or in any area susceptible to flooding during a Regional Storm; ' - (B) place or dump fill or permit fill to be placed Or dumped in the areas described in'the schedules whether such fill is already located in or upon such area, or brought to or on such area from some other place or places. Please be advised-that the northeast portion Of the subject property that is located within the Regional Storm Flood Plain, has been recognizedas a Special Policy Area (SPA). The SPA concept recognizes that, for a community Which has historically existed in the flood plain, strict adherence to province-wide policies prohibiting development in the flood plain would result in social and economic hardships. Therefore, in accordance with the Authority's Valle,/and Stream Corrido~ Management Program and the SPA criteria, development is permitted in the F:\PRS\NORA259\PUBLIc~METC.wPD F~EPOFtT # PD~ - 2 - March 5, 2002 flood plain provided that flood proofing measures are incorporated and a permit under Ontario Regulation 158 is obtained. Based upon {he above, we would have n© objections to the approval 'of these applications as submitted. · We trust this is satisfactory. However should you have any questions, please do not hesitate to Contact the undersigned. . Yours truly, Nora Jamies0n Acting Plans Analyst . Development Services Section Ext. 5259 Encl. NJ/ cc Region of Durham, 'Planning Dept. (w/encl.) . .' Armstrong Goldberg Hunter, 9251 Yonge St., Richmond Hill (w/encl.) F:\PRS\NORA259\P UBLI~\METC,WPD 1860 MIDLAND AVE 2ND FL. 416-285-7624(F) SCARBOROUGH ON M1P 5Al ~ 7 Grant McGregor . APR 15.2002 j JJJ./APR 15 ZOO2 ~ Planning and Development Depad~ent City of Picketing {]lTV OF PICKERINGt I _ ,u.,.~n,^,o ~ CITY OF PICKERING I The Esplanade . ~L~Tn~P^m'~F.m I PICKERING, ONTARIO Picketing On L1V 6K7 Dear Mr. McGregor, KE: Regional Official Plan Amendment Application OPA 01-008/D Picketing Official Plan Amendment Application OPA 01-005/P Zoning By-law Amendment Application A 25/01 First Shucha Shopping Centres Limited (Metro East Trade Centre) Part of Lot.18, Concession 1 City of Picketing One of the mail delivery service options available for retail centres is centralized mailboxes supplied, installed and maintained by the developer/owner. Please ask developer/owner to call me to discuss mail delivery options. Sincerely, Debbie Greenwood Deliver Planner 416-285-5385 ~L8 I N T E R ~ ~ ,~TT~CUMmT ~IL_To MEMO OFF I C E I To: Tom Ca~ - C~ent ~ations Brach From: Greg Gmer - Developmem Approvals Date: July 12, 2002 Re: New App~cafion to ~end ~e Durhm Re~onfl Officifl PI~ Applic~t:.First S~cha Shopp~g Cen~es L~ted Lot: 18 Concession: 1 CiW of Picketing Our File: OPA 2001-08 Upon further review the Regional Works Department wish to offer the following revised comments for the above noted OPA application. Municipal Water Supply .and Sanitary Sewer Service Municipal water supply is presently available to the site through the existing Zone 1 - 300 mm watermain on Picketing Parkway. Sanitary sewer service is available from the existing 200 mm sanitary sewer on Bainbridge Drive, the existing 250 mm sanitary sewer at the southeast comer of Kingston Road and Brock Road and the existing 250 mm sanitary sewer on Pickering Parkway. Due to down stream sanitary sewer constraints in the existing sanitary sewer sYStem east of Brock Road the maximum allowable floor space permitted to discharge to the 250 mm sanitary sewer on Picketing Parkway will be 40,000 sq. metres. Transportation Brock Road / Kingston Road Intersection The iTrans Traffic Study for the SUbject development recommends that an additional north bound left turn lane will be required for the south approach to the intersection of Brock Road and Kingston Road and, that corresponding, changes to the traffic signal cycle length would be required. This recommendation would' require significant geometric design changes to the existing intersection including the acquisition of additional property. The geometric requirements may also impact adjacent interseofions and land use. Dual left turn lanes would also require a substantial increase to the traffic signal timing cycle length to provide protected signal phasing and timing plans, which can not be accommodated in the existing network. In addition, the impact to the existing network traffic operations including the ability to accommodate pedestrian movements at the intersection would be compromised. A~ ~cceptable altezmtive to p~oviding dual leg tu~ l~e would be to imPleme~£ g higher order of adaptive signal control and integration with planned intelligent transportation applicationson Brock Road, to better manage anticipated site generated traffic flow. Therefore, the Region will require a contribution of $185,000 as the applicants share towards the total cost to install the adaptive signal Control system. Brock Road The anticipated additional entry volumes for the intersection of Piekering Parkway and Brock Road may require intersection improvements to improve the southbound left turn vehicle flow. The Region will be monitoring the intersection and provide requirements for possible road improvements at the site plan stage. Conclusion At the site plan stage the applicant will be required to enter into a site servicing agreement with the Region of Durham to cover the contribution for the signal control system, for the construction of any required mad improvements~ site servicing and covering all provisions financial and other wise as indicated above. Therefore, the 'Regional Works Department has no objections to the further processing of the submitted Regional OPA subject to the above conditions. We trust the abtve is sufficient for your purpose. Greg Gummer cc. Steve Mayhew City of Pickering Peer Review 5.0 Conclusions Climans Group First Simeha Maffret Study 1.0 First Simcha, a member of the First Pro Shopping Centres group owns a 19.6 hec~re(48.37 acre) property at Brock Street and Kingston Road, a short distance noffit of I~ghway 401, in the City of Picketing. The subject lands have been the subject of extensive market impact study and approvals consideration in past years and are currently designated and zoned to permit 40,000 square metres (430,571 square feet) ofcommemialdevelopment. The commercial centre development proposed by First Simcha differs somewhat from the development allowed bythe current designationand zoning and the laud owner has made application to the City of Picketing for the Official Plan Amendments and zoning changes required to proceed with their proposed development. 2.0 First Simcha has submitted consultants' reports and materials ia support of their application, including a market opportunity & impact study conducted for them by Cllmans Group Ltd in December, 2001. The City's staff engaged Jeryl Jaque, a Senior Associate at Malone Given Parsons Ltd, a coa~]l~ng Ikm specializing in market, development impact and land use planning matters, to 'carry out a Peer Review of the Climans Group market impact study. 3.0 The Climans Group are a consulting firm known to have experience in market research and analysis and to have conducted market studies in Durham Region on past occasions. The Peer Review found that the method employed by the Climans Group in conducting their study is based on an appropriate approach.and procedures of the type generally employed by Ontario market analysts. We can confirm that their analysis approach is suitable for assessing potential impacts on the platmed funclionoftbe Downtown Core, CommunityNodes, and Main Central areas ia abutting municipalities. MALONE GIVEN PARSONS LTD, 10 ~A~ACHMENT#~_T0 City of Picketing Peer Review 5.0· Conclusions Climans Group First Simcha Market Study 4.0 The Peer Review consultants agreed with the Climans Group report assessment that the site has the physical attributes and accessibility necb. ssary for a commercial centre of the nature proposed. We agree that the subject property is "suitable.for the propos~ type and mix of retail development, which will include a large format food store, a home improvement store a mix of non-department store DSTM retailers" and will "foster region-serving retail developmene' at this location in Pickering. 5.0 Scrutinyofthe Climam Group December, 2001 report indicated that the research and analyses were generally sounrL Some minor corrections and some revisions were suggested and some clarifications and supplementary materials were requested. TI~ Climam Group made c°rmetions, and provided explanator~ disc~ion and written mam4_als, l~e ¢limans Group ma~ some, although not all, of the revisions suggested. The P~er Review consultants reviewed tl~ response information and the revise~ caloflations. Where revisions were not undertaken anals~is categories were ~xamined to de~rmine ttmt the study's results and conclusions regarding market support and impa~ would not require amendment if changes were ma~. 6.0 TI~ r~mlts offl~is Peer Review, therefore leads us to'recomm~d that the Cityo£ P~kering accept tl~ following conclusions arising out of the Climaus Group Market Oppor~mi~ & Impact study & supplemen~m,y submissions. A cemmereial cen~ development of the size, natu~ and ~nmt mix proposed can be supported on ~ site at ~ lomtion in flais market now at ae~1~able levels 6f Sales l~efforman~ ~o~ each Categ0r~ o£ store. T~ ~ l~ve! o£ sties transfer that may oeo~r £ollowing dev~opment ofll~ project is not expected to cause any s'~nt or sustained sales transfers, or put at risk any ~dsting retail projects within the study arem MALONE GIVEN PARSONS LTD. .RE?0Ffi # City of Pickering Peer Review 5.0 Conclu~ion~ Climans Group First Simcha Market Study 7.0 A review of the market studies conducted ore3 the last decade addressing commercial centre development at this site location indicated that The Climans Group study results are geaerally consistent with the results other firms have obtained. The Peer Review consultants' own evaluations, made over Uae course of this assignment, also corroborate the Climans Group study findings. 8.0 With respect to the ~ssue oflowenng the mmimmll size requirement in file Zoning Bylaw for a site food store the Peer Review consultants reached the conclusion that this would be appropriate and that the City of Piekering can do so without adverse effects. The proposed Sobeys large fonmt food store with its provision for expansion ~ .in our view, complywithflae ori~nal inten~Oll ofthe minimllm size constrain[ The store proposed Js this food store chain's largest store module and will function as a region or sub-regional serving facility as part of the proposed commercial centre rather than a neighbourbood or commullity food store. MALONE GIVEN PARSONS LTD. 12 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM July 22, 2002 To: Bruce Taylor City Clerk From: Grant McGregor, MCIP, RPP Principal Planner-Policy Subject: Amendment 9 to the Pickering Official Plan [Picketing Official Plan Amendment OPA 01-005/P] [Zoning By-law Amendment Application A 25/01] (Metro East Trade Centre) Part of Lot 18, Concession 1 (1899 Brock Road) City of Pickering On July 29, 2002, Planning Committee will consider Planning & Development Report PD 33-02, which recommends that: 1) Council endorse the approval of Regional Official Plan Amendment Application OPA 01-008/D by the Region of Durham; 2) Council approve Official Plan Amendment Application OPA 01-005/P to demolish the Trade Centre building, and in its place, construct a variety of large format and specialty retail uses; and 3) Council enact a draft by- law to adopt Amendment 9 to the Pickering Official Plan. The purpose and effect of this Amendment is to replace the Regional Node 2 designation with a Specialty Retailing designation and transfer existing site specific polices relating to the METC site from section 3.7 to section 3.6 of the Pickering Official Plan. Report PD 33-02 also recommends that Council approve Zoning By-law Amendment Application A 25/01 and enact a draft by-law to to amend the zoning of the subject lands by deleting the provisions relating to a trade center use. The purpose and effect of this by-law is to amend the current zoning of the property to permit the deletion of the trade center as a permitted use, increase the maximum gross floor area for ail uses, decrease the minimum floor area for a large format food store, and other minor changes on the METC/WaI-Mart property. A draft by-law for the enactment of Amendment 9 to the Pickering Official Plan (including Amendment 9) and a draft by-law to amend Zoning By-law A 25/01 have been prepared and are attached for the consideration of City Council at its meeting scheduled for July 29, 2002. The draft bylaw to amend the Zoning By-law was circulated to the applicant. A Statutory Public Meeting was held for these applications on February 21, 2002. Should Planning Committee recommend approval of the Official Plan Amendment Application and the Zoning By-law Amendment Application and should Council adopt Planning Committee's recommendation for approval, Council may consider the attached By-laws the same evening. Please note that these by-laws may be given all three readings at the July 29, 2002 Council Meeting, provided Council approves the above-noted applications earlier that same meeting. However, the Zoning By-law will not come into effect until the related Amendments to the Durham Regional Official Plan and the Pickering Official Plan are approved. Amendment 9 to the Pickering Official Plan July 22, 2002 5 ~ Page 2 If you require further assistance or clarification, please do not hesitate to contact me at extension 2032. I concur that this by-law be considered at this time. ent Gr~n~ McGregor GM:td Attachments 55 THE CORPORATION OF TI-liE CITY OF PICKERING BY-LAW NU1V[BER 6011/02 Being a.By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Picketing, Region of Durham, Part of Lot 18, Concession 1, in the City of Piekering. (OPA 01-00S/D, OPA 01-00S/P, A25/01) WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to permit the removal of the trade center use, decrease the minimum floor area for a large format food store, and increase the maximum aggregate floor area for all uses on the subject lands; AND WHEREAS an amendment to BY'law 5511/99, is therefore deemed necessary; NOW THEREFORE TI-IE COUNCIL OF TH~ CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I AMENDMENT Schedule I with notations and references shown thereon is hereby amended by changing the zone symbol fi:om "TC/(H-2)SPC" to "(H-2)MU-SRN". 2. TEXT AMENDMENT 2.1 Section 2. of By-law 5511/99 is amended by changing the zone symbol fi:om "TC/(H-2)SPC,' to "(H-2)MU-SRN"; 2.2 Section 4. of By-law 5511/99 is mended by deleting subsection (22); 2.3 Section 5. of By-law 5511/99 is amended by deleting all reference to the zone symbol "TC/(H-2)SPC" and replacing it with "(H-2)MU-SRN"; 2.4 Clause 5 (1)(xii) of By-law 5511/99 is amended by deleting trade centre as a permitted use; 2.5 Subclause (2)(iii)(A) of By-law 5511/99 is amended by replacing the number "40,000 square metres" with "49,237 square metres"; ~ 2.6 Clause 5 (2)(iii) of By-law 5511/99 is amended by deleting subclauses (B) and (E); 2.7 Subclause 5 (2)(iii)(G) of By-law 5511/99 is amended by replacing the number "6,000 square metres" with "4,515 square metres"; 2.8 Clause 5 (2)(iii) of By-law 5511/99 is further amended by realphabefizing paragraphs (A) to (G); 2.9 Subclause 5 (2)(v) of By-law 5511/99 is mended by deleting paragraph (B); 2.10 Subclause 5(2)(v)(C) &By-law 5511/99 is amended bydeleting theword "other"; 2.11 Subclause 5(2)(vi)(H) of By-law 5511/99 is amended by deleting the phrase "with the exception of the trade center use"; 2.12 Subclause 5 (2)(vi) of By-law 5511/99 is amended by deleting paragraphs (A), (B), and (c); 2.13 Clause 5 (2) (vi) of Byqaw 511/99 is hereby further amended by realphabetizing paragraphs (A) to (K). -2- 56 3. BY-LAW 5511/99 By-law 5511/99, 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 and Sections 4. and 5. attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended; 4. EFFECTIVE DATE This by-law shall take effect from the day of passing, subject to the approval and coming into effect of Amendments to the Durham Regional Official Plan and Pickering Official. Plan respectively (resulting from the approval of Regional Official Plan Amendment Application 01-008/D and Pickering Official Plan Amendment Application 01-005/P respeCtively), or subject to the approval of the Ontario Municipal Board, if .required. BY-LAW read a first, second and th/rd time and finally passed this 17 day of September , 2002. MAYOR WAYNE ARTHURS CLERK BRUCE J. TAYLOR -~,~~ r / ~ I ~/""~PICKEj~IN~- PARKWAY City of Pickering Planning & Development Department I DATE JULY 19, 2002 58 THE CORPORATION OF THE CITY OF PICKRRING BY-LAW NO. 6012/02 Being a By-law to adopt Amendment 9 to the Official Plan for the City of Pickering. (OPA 01-005/P) WHEREAS pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of the Corporation of the City of Picketing may by by-law adopt amendments to the Official Plan for the City of Pickering, and submit them to the Region of Durham for approval; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CiTY OF PICKER/NG HEREBY ENACTS AS FOLLOWS: 1. That Amendment 9 to the Official Plan for the City of Pickering, attached hereto as Exhibit "A", is hereby adopted; 2. That Amendment 9 to the Official Plan for the City of Picketing shall not come into effect until the related Regional Official Plan Amendment (OPA 01-00S/D) is approved and has come into effect; 3. That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments; 4. This By-law shall come into force and' take effect on the d~y of the final passing hereof. BY-LAW read a first, second and third time and finally passed this 17 day of..Sep t. 2002. MAYOR WAYNE ARTHURS CLERK BRUCE J. TAYLOR 59 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM September 10, 2002 To: Bruce Taylor City Clerk From: Ross Pym Principal Planner- Development Review Subject: Draft Amending By-law for Zoning By-law Amendment Application A 18/01 Frank Mastrorillo Lot 2, Plan 473 1495 Rosebank Road City of Picketing On July 29, 2002, Council approved the above-noted application to permit the establishment of a building containing two (2) dwelling units consisting of the primary dwelling unit on the upper and main floor and one (1) basement dwelling unit. The draft by-law has been circulated to and approved by the applicant, and is attached for the consideration of City Council at their meeting scheduled for September 17, 2002. A Statutory Public Meeting was held for this application on December 20, 2001. The purpose and effect of this by-law is to permit the development of one (1) basement apartment within the existing detached dwelling and that no change is permitted to the building footprint of the existing dwelling or substantive change to the exterior elevations of the existing dwelling. If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be 'Considered at this time. ir~ctor, ~'& Development y , MCIP, RPP (./ Principal Planner- Development Review RP:jf rp~plan app~mastmdllo~bylaw memo Attachment THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6020/02 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, Lot 2,Plan 473, City of Pickering. (A 18/01 ) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to change the zoning of the lands to permit the establishment of a second dwelling unit within the existing dwelling, on the subject lands, being Lot 2, Plan 473, City of Pickering; 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: TEXT AMENDMENT (1) SECTION 10 - ONE-FAMILY DETACHED DWELLING; FOURTH DENSITY ZONE - R4 is hereby amended by adding the following after subsection 10.3.8: 10.3.9 Lot 2, Plan 473 (1) Notwithstanding subclause 10.(1) or any other provision of this By-law, a detached dwelling unit on Lot 2 Plan 473 may include a second dwelling unit in the main dwelling; (2) Where a detached dwelling on Lot 2, Plan 473 contains a second dwelling unit, the following parking provision applies: PARKING REQUIREMENTS: (a) a minimum of three parking spaces shall be provided and maintained on that lot. (3) (a) Uses Permitted ("(H)" Holding Symbol) Despite the provisions of Section (1) of this By-law, while the "(H)" Holding Symbol is in place preceding the "R4" Zone designation as outlined on Schedule I attached hereto, no person shall use any lands for any purpose other than those uses permitted in Section 10.1 of By-law 3036, as amended. (b) Removal of the "(H)" Holdin,q Symbol Prior to an amendment to remove the "(H)" Holding Symbol preceding the "R4" Zone, on the area so zoned, the owner shall: (i) provide the City of Pickering with drawings that show how the basement will be converted from three (3) dwellings units to one (1) dwelling unit and that such drawings reflect no change in the building footprint of the existing dwelling or substantive change to he exterior elevation of the existing dwelling; -2- (ii) provide the City of Pickering with a letter of undertaking that all works required to convert the existing basement of the house from three (3) dwellings units to one (1) dwelling unit will be completed by the owner; (iii) all works required to convert the basement of the house from three (3) dwellings units to one (1) dwelling unit be completed within six months of the date of this amending by-law. 2. BY-LAW 3036 By-law 3036 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 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. 3. EFFECTIVE DATE This By-law shall come into rome in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this 17 day of September , 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk LOT 1, PLAN 473 (H)R4 LOT 2, PLAN 475 LOT 3, PLAN 473 SCHEDULE I TO BY-LAW 602o 102 PASSED THIS ]7 DAY OF September 2002 MAYOR CLERK SHEPPARD AVENUE __J [ DUNFNR s'r. ROAD City of Pickering Planning & Development De )artment ? I DATE AUG 28, 2002 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM September 6, 2002 To: Bruce Taylor City Clerk From: Edward W. Belsey Planner II Subject: Draft Amending By-law for Zoning By-law Amendment Application A 16/00 Plan of Subdivision Application SP-2000-02 Claremont Estates Ontario Ltd. Part of Lot 20, Concession 8, Claremont City of Pickering Council, on March 18, 2002, approved the above-noted applications to permit 15 lots with frontages ranging between 23 and 70 metres, for hamlet residential uses, with the option for garden suites, and two open space blocks. Council's conditions of approval have now been satisfied and a draft amending by-law has been prepared. The draft by-law has been circulated to and approved by the applicant and is attached for the consideration of City Council at their meeting scheduled for September 17, 2002. Planning staff note that Council approved the applications with the option for Garden Suites. However, Garden Suites are not permitted under the Oak Ridges Moraine Conservation Plan. The applicant has agreed not to pursue that option and accordingly, staff have drafted the by-law without that option in order to conform to the Oak Ridges Moraine Conservation Plan. A Statutory Public Meeting was held for this application on August 10, 2000. Please note that this by-law may be given all three readings at the September 17, 2002 Council Meeting. The purpose and effect of this by-law is to permit 15 lots for single detached dwellings with frontages ranging between 22 and 70 metres. Draft Amending By-law for September 6, 2002 Zoning By-law Amendment Application A 16/00 Page 2 If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be~~~.~c°nsidered at.~.~..this time. ~aW! ~ i i~[~ ~ Nei, Carry_ :~¢-_/ ~ sey Director, Pta~ning & Development EB:jf I:X.S*P-2000-02 Claremo~ Estates'Memo to Clerk forwarding copy of by-law on redline (conditions fulfilled).do¢ Attachment THE CORPORATION OF THE CITY OF PICKERING BY-LAWNUMBER 6021 /02 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Part of Lot 20, Concession 8, in the City of Pickering. (A 16/00) WHEREAS the Council of the Corporation of the City of Pickering passed By-law 3037, as amended, to zone the subject lands, being Part of Lot 20, Concession 8, in the City of Pickering, for agricultural lands; AND WHEREAS the Council of the Corporation of the City of Pickering now deems it desirable to amend By-law 3037, as amended, to permit the establishment of residential detached dwellings, and to recognize open space - hazard lands on the subject lands; AND WHEREAS the Council of the Corporation of the City of Pickering now deems it desirable to further amend Schedule I to By-law 5464/99, as amended, to adjust the zone boundary between the R6-3 zone boundary on Schedule I to By-law 5464/99 as amended, and the R6-4 zone boundary on Schedule I attached hereto; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I 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 20, Concession 8, in the City of Pickering, designated "R6-4" and "OS/HL" on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) (a) "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 kitchen, and sanitary facilities; (c) "Dwelling, Single, or Single Dwelling" shall mean a single dwelling containing one dwelling unit and uses accessory thereto; -2- 67 (d) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; (2) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; (3) (a) "Lot". shall mean an area of land fronting on a street which is used or intended to be used as the site ora 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 Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "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; (4) "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; (5) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above-ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line, 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. 6~ -3 - 5. PROVISIONS ("R6-4" Zone) (1) Uses Permitted ("R6-4" Zone) No person shall, within the lands designated "R6-4" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) detached dwelling residential use; (2) Zone Requirements ("R6-4" Zone) No person shall, within the lands designated "R6-4" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) LOT AREA (minimum): 0.2 of a hectare (b) LOT FRONTAGE (minimum): 22.0 metres (c) FRONT YARD DEPTH (minimum): 9.0 metres (d) SIDE YARD WIDTH (minimum): 1.8 metres (e) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres (f) REAR YARD DEPTH (minimum): 9.0 metres (g) LOT COVERAGE (maximum): 20 percent Oa) BUILDING HEIGHT (maximum): 12.0 metres (i) DETACHED DWELLING UNIT REQUIREMENTS: maximum one detached dwelling trait per lot and minimum gross floor area residential of 100 square metres. 6. 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) conservation of the natural environment, soil, and wildlife; and (b) resource management. (2) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used for purposes of flood and erosion control, or resource management. -4- 7. BY-LAW 3037 By-law 3037, 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 the relevant provisions of By-law 3037, as amended. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAWreadafirst, second, and third time and finally passed this 17 dayof Septarber , 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk 7~,9m R6-4 R6-4 SCHEDULE I TO BY-LAW 602]/02 PASSED THIS DAY OF September 2002 MAYOR CLERK PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM September 9, 2002 To: Bruce Taylor City Clerk From: Denise Bye, Coordinator, Property & Development Services Subject: Part Lot Control By-Law Bopa Developments Inc. Lots 7 to 11 and 17 to 22, Plan 40M-2086 - File: P4101.222 The above-mentioned lands are being developed in accordance with the appropriate Subdivision Agreement and Zoning By-Law in such a manner to allow more than one dwelling unit to be constructed on each of the lots referred to. Attached hereto is a location map and a draft by-law, enactment of which will exempt these lands from the part lot control provisions of the P/anning Act, thus permitting transfers of those units into separate ownership. This by-law is in the form usually used in such cases and is attached for the consideration of City Council at its meeting scheduled for September 17, 2002. Denise B~e¢ DB:Ijm Attachments Copy: Manager, Current Operations Division 7'2 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6022/02 Being a by-law to exempt Lots 7 to 11, inclusive, and 17 to 22, inclusive, Plan 40M-2086, Pickering, from part lot control. WHEREAS pursuant to the provisions bf section 50 of the Planning Act, R.S.O. 1990, chapter P.13, the Council of the municipality may by by-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law; NOW THEREFORE, the Council of the Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, does not apply to the lands described as follows: Lots 7, 8, 9, 10, 11, 17, 18, 19, 20, 21 and 22, Plan 40M-2086, Pickering. 2. This by-law shall remain in force and effect for a period of one year from the date of the passing of this by-law and shall expire on September 17, 2003. BY-LAW read a first, second and third time and finally passed this 17th day of September, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk P4101.222 ~ Ft RAIL L/NE ..... ~ TRUNK LINE ' / FINCH AVENUE FINCH AVENUE ©O%%\9 ~ ~ Gi~ of ~lckorin~ ~lannin~ & Dovolopment Dopa~mont ~ 40M-20~ ~ kOTS 7 TO ~ ~ & ~ 7 TO 22 ~lCfi~o. ~4~01.~2 ~ ~1~ S~ra, 2002 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM September 10, 2002 To: Bruce Taylor City Clerk From: Denise Bye, Coordinator, Property & Development Services Subject: Part Lot Control By-Law Cougs (ValleyFarm) Ltd. Blocks 31 and 35, Plan 40M-2089 - File: P4101.223 The above-mentioned lands are being developed in accordance with the appropriate Subdivision Agreement and Zoning By-Law in such a manner to allow more than one dwelling unit to be constructed on each of the blocks referred to. Attached hereto is a location map and a draft by-law, enactment of which will exempt these lands from the part lot control provisions of the Planning Act, thus permitting transfers of those units into separate ownership. This by-law is in the form usually used in such cases and is attached for the consideration of City Council at its meeting scheduled for September 17, 2002. Denise DB Attachments Copy: Manager, Development Review THE CORPORATION OF THE CITY OF PICKERING 7"5 BY-LAW NO. Being a by-law to exempt Blocks 31 and 35, Plan 40M-2089, Pickering, from part lot control. WHEREAS pursuant to the provisions of section 50 of the Planning Act, R.S.O. 1990, chapter P.13, the Council of the municipality may by by-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law; NOW THEREFORE, the Council of the Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. Section 50(5) of the Planning Act, R.S.O. 1990, chapter P. 13, does not apply to the lands described as follows: Blocks 31 and 35, Plan 40M-2089, Pickering. 2. This by-law shall remain in force and effect for a period of one year from the date of the passing of this by-law and shall expire on September 17, 2003. BY-LAW read a first, second and third time and finally passed this 17th day of September, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk P4101.222 LODGE LANE ~ I BOULEVARD II I"' ROAD 35 G~TA '(31 CIRCLE COURT COURT COURT ~0q v~\GCV4/x'(' o.~.~. City of Picketing Planning& Development Department I"'! .~oM-2o89 ¢ IDATE SEPT 11, 2002 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM August 19, 2002 To: Bruce Taylor City Clerk From: Denise Bye Coordinator, Property & Development Services Subject: Road Dedication By-Law - Part Lot 9, Plan 282, Pickering, designated as Part 5, Plan 40R-11207 - File: W2304.411 When the above-noted plan was registered, the reserve block referred to was conveyed to the City along Oakburn Street. This reserve was intended to be dedicated as public highway upon the development of adjacent lands. As our Planning & Development Department has advised that road works within this plan and adjacent lands have been constructed to standards sufficient to permit public access, the required dedication should therefore be made. Attached hereto is a location map and a draft by-law, enactment of which will lift the 0.3 metre reserve thus permitting legal access to the adjacent lands, This by-law is in the form usually used in such cases and is attached for the consideration of City Council at its meeting scheduled for September 17, 2002. Denise Bye DB:Ijm Attachments Copy: Director, Planning & Development Division Head, Municipal Property & Engineering Supervisor, Development Control THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to dedicate Part Lot 9, Plan 282, Pickering, designated as Part 5, Plan 40R-11207, (Oakburn Street) as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Part Lot 9, Plan 282, Pickering, designated as Part 5, Plan 40R-11207 and wishes to dedicate it as a public highway. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. Part Lot 9, Plan 282, Pickering, designated as Part 5, Plan 40R-11207 is hereby dedicated as public highway (Oakburn Street). BY-LAW read a first, second and third time and finally passed this 17th day of September, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk W2304.411 PINE GROVE AVENUE .'~. \ I llll I / "T----' ~5-'-T'T i~ ._LI i I J ,_' ~MU.._5~U._~O_OK .._~ TRANQU'I r-,- . ~ LI I I · r,.) J /' ~ o~ ~ ~ -- / )"T-'r-'FTq-' ~ J L ' C} L,d ~ I'[ J' I - o' ~ ,, _ _ ~ .... J - itt i__ ! I ~~ BUTTERNUT CF ~ -- / z -- ~' COL/ ~ STARVI ~ / STREE o< -- ~ ~,._~__._ d J,J,_,.~ r-- m · LAWSON ~ STREET I TWYN RIVERS : / OPERATIONS & EMERGENCY SERVICES DEPAKTMENT ~.,0....~o.~,... LEGAL REPORT '~ ,:,5~o ~';..~.~.~,~ ROAD DEDICATION- FLUE: W2304.411