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HomeMy WebLinkAboutInformation Report 04-02051 tib, 'q PICKERING INFORMATION REPORT NO. 04-02 FOR PUBLIC INFORMATION MEETING OF February 21. 2002 IN ACCORDANCE WITH THE PUBLIC 31EET1NG REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Regional Official Plan Amendment Application OPA 01-008/D Pickering 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 Cita of Pickering 1.0 PROPERTY LOCATION ANI) DESCRIPTION the METC property including the Wal-Mart store is approximately 19.6 hectares in area, and is located at the north-east corner of Brock Road and Pickering Parkway (see location map — Attachment =1): the METC building is used as a weekend flea market and occasionally for specialized short -terns sales and trade shows: uses surrounding the \1ETC property are: lo\\-meditmt density residential development to the east: the Home & Leisure Centre and the new Canadian Tire store on the south side of Pickering 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 \1ETC/Wal-Mart property, is proposing to amend the Pickering Official Plan and zoning bylaw by: • redesignating the \1ETC Wal -\tart property and surrounding lands including Canadian Tire and the Pickering 1fome & 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 METC Wal-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 Pickering Official Plan; • increasing the maximum aggregate gross leasable floor area from 31,000 square metres to 49,000 square metres for the METC Wal -\tart property: and • amending the zoning by-law for the METC Wal -\tart 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 3); a copy of the proposed amendment to the Pickering 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 surroundime lands as Regional .Node 2; within the Regional Node 2 policies, the Region deferred (Deferral -1) the approval of major retailers. supermarkets, department stores. and residential uses as permissible uses; 0 5 2 Information Report No. 04-02 Page 2 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 clubs; 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 commercial 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 Pickering Official Plan Schedule I of the Pickering 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 (c) 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 T!! — Resource Management of the Official Plan, this designation permits development provided appropriate flood protection measures are instituted; Information Report No. 04-02 Page 3 053 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 \IETC 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 tall 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 Pickering 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 N1ETC lands will be consistent with the Guidelines: 3.4 Zoning By-law - Zoning By-law 3036. as amended by fay -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-la\y 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 49.23' 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 \'IETC 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 1 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 nature: 1) 5 4 Information Report No. 04-02 Page 4 - 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 METC lands; 4.3.2 Proposed Pickering Plan Amendment - staff is reviewing the required planning 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 function 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 (c) during the 1999 approvals for the METC lands, certain minimum unit 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; 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 Page 5 O 55 the applicant's market study submitted in conjunction with this current application concludes that despite the reduced minimum floor area for the proposed food store. the food store \gill surpass the draw of smaller and more common 'neighbourhood servicing' supermarkets that are found throughout Pickering: 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 \Vhether 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 199- approval for the Pickering Official Plan and subsequent development application. Genua Canada Investment Inc.. received approval for high density development as part 01'a co-ordinated development concept; subsequently, in 1998. Gentili Canada sold the \IETC property to First Simcha Shopping Centre Inc.: through caretld 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 Iando\\ hers ma' 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 Plaut to Living .-area while amending the Pickering Official Plan to special purpose commercial under the Mixed Used Areas section of the Pickering Official Plan: the Mixed Use Areas designation in the Pickering 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 Nlixed Use Area section of the Pickering 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 sunfounding 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 0 '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): Information Report No. 04-02 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 address concems, 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 Pickering 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; Information Report No. 04-02 Page 7 () 5 7 5.2 General written comments regarding this proposal should he directed to the Planning & Development Department: oral comments may be made at the Public Infonnation \leeting: all comments received will he 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; - it' you wish to be notified of the decision of the Region of Durham with respect to the proposed amendment to the official plan. you must make a written request to the Commissioner of Planning, Region of Durham Planning Department - if you wish to be notified of the adoption ()Ian 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 1 - copy of the proposed Pickering 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 1TRANS Consulting Inc. a "Retail Market Opportunity & Impact Stud- 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. Grant McGregor, MCIP, RPP Principal Planner — Policy G\1 CLR'sm Attachments Copy: Director, Planning & Development LA Catherine Rose Manager. Policy 058 APPENDIX I TO INFORMATION REPORT NO. 0 THE CORPORATION OF THE CITY OF PICKERING OFFICIAL PLAN AMENDMENT NO. DRAFT Purpose: The purpose of the Amendment to the City of Pickering Official Plan is as follows: Location: Basis: To redesignate the lands outlined on Schedule 'A' of this Amendment from "Regional Node 2" to "Special Purpose Commercial"; 2. To amend the maximum aggregate gross leasable floor area for all permitted Special Purpose Commercial uses from 31,000 square metres to 49,237 square metres; 3. Deleting the trade centre and residential uses as permissible uses in the Special Purpose Commercial area; and 4. By adding a Special Purpose Commercial designation and related policies to the "Mixed Use Areas" section of the Pickering Official Plan. The Amendment Area includes three (3) sites 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. The Amendment Area is currently occupied with the Pickering Home and Leisure Centre, a Canadian Tire Store, a Wal- Mart Store and the recently reduced Metro East Trade Centre building. Approvals were granted to the Metro East Trade Centre site in 1999 to permit a variety of retail and service commercial uses, including Special Purpose Commercial uses. Various aggregate and corimmercial unit floor space restrictions were also approved. The current owner of the Metro East Trade Centre site wishes to remove the Trade Centre building and function, and in its place, construct the whole site with a variety of retail and service commercial uses at a density common for DRAFT Page 2 x)59 this form of land use. Absent the Trade Centre function, there remains little if any planning justification for the Regional Node designation in either the Region of Durham or the City of Pickering Official Plans. Therefore the owner of the Metro East Trade Centre site has applied to both the Region and the City to amend their respective Official Plans by removing the Regional Node designation for this area and applying the Special Purpose Commercial designation and policies to better reflect the existing and proposed use for the Amendment Area. The Amendment: Schedule Amendments 1. Schedule '1' is amended by deleting the "Regional Node 2" designation in it entirety and replacing it with a "Special Purpose Commercial" designation, as shown in Schedule 'A' of this Amendment, attached hereto. Text Amendments The "Regional Node" paragraphs preceding Section 3.7 are amended as follows: 2.1 With the exception of the first sentence, the first paragraph is deleted in its entirety. 2.2 The third paragraph is deleted in its entirety. 3. Section 3.7 (b) is amended by deleting the words "or Regional Node 2" after the words "Regional Node 1". 4. Delete Section 3.7 (c) and (d) in their entirety. 5. Delete in its entirety from Table 7, the Regional Node Subcategory "Regional Node 2" and its related Permissible Uses. 6. Add the following sentence to the end of the second paragraph in the "Mixed Use Areas" Section: "A Special Purpose Commercial" Area, in accordance with Section 10.3.2 (c) of the Durham Region Official Plan is provided to provide for retail uses, which are complementary to the Downtown Core," ('60 DR/AFT Page 3 7. Table 4 is amended by adding the following to the "Regional Plan Categorization" column: "Section 10.3.2 (c) relating to Special Purpose Commercial uses" 8. Table 4 is amended by adding the following to the right of Amendment 7 referred to above, under the "Pickering Plan Designation" column: "Special Purpose Commercial areas" 9. In the paragraph following Table 4, delete the word "and" after the words "Mixed Corridors," and add the words "and Special Purpose Commercial Area" after the words "Downtown Core". 10. Add the following as Section 3.6 (g), after Section 3.6 (f): "(g) within the Special Purpose Commercial area, (1) prior to zoning for significant retail floor space, shall require the submission of a retail impact study 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, and nearby Main Central Areas in other municipalities in the Region; (ii) for lands north of Pickering Parkway, shall 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 gross leasable floor Page 4 061 DRAFT 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 area; (iii) for lands north of Pickering Parkway, shall establish a maximum aggregate gross leasable floor area of 49,000 square metres for Special Purpose Commercial uses permitted by Table 5; (iv) shall not permit an enclosed shopping centre of pedestrian mall; (v) 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 (d) for the purposes of Table 5, shall define "large format discount stores" to include a discount department store as defined by Statistics Canada. such as but not limited to Zellers 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 drugs items and toys, but shall not include a major department store as defined by Statistics Canada, such as but not limited to Eatons, Sears and The Bay." 11. Table 5 is amended by adding after the Downtown Core column, the following: "Special Purpose hotels; Commercial 062 Implementation: Interpretation: Page 5 DRAFT Special Purpose Commercial uses such as: large format retailers (including large format discount stores); food stores; retail warehouses; membership clubs; theme and/or specialty retailers; automotive uses; and, ancillary retailing of other goods and services including restaurants; Limited offices; Community, cultural and recreational uses." The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. 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. DR F -1 - From -T - From "Regional Node 2" to "Special Purpose Commercial" BE SPECIAL MERCIAL PURPOSE 11Fl:li1.441 '1 LAND I'SE tii'Ril11 DNB F=1 SCHEDULE 'A' TO AMENDMENT NO. _ TO THE PICKERING OFFICIAL PLAN AMENOMENt RASA (163 ()64 APPENDIX II TO INFORMATION REPORT NO. 04-02 COMMENTING RESIDENTS AND LANDOWNERS (1) None received to date COMMENTING AGENCIES (1) The Durham District School Board (2) Veridan Connections COMMENTING CITY DEPARTMENTS (1) Planning & Development ATTACHMENT# / TO INFORMATION REPORT# O`f Ly (1 5 FINCH AVENUE AVENUE DRIVE — EQaml —_W = -- .ANBUgY% �III '' _ :;pt4 ... .. .... :..: m.:01.111111.1-741 ......... : RRIVE il- 1111111 y�__ K _ ::::. ....... _ mamma wMOINIMINO N COURT MIMINIMMI �P. 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Mr. Grant McGregor Dear Mr. McGregor. RE: Regional Official Plan Amendment Application OPA 01-008/D Pickering Official Plan Amendment Application OPA 01-005/P Zoning By-law Amendment Applications A 25/01 First Simcha Shopping Centres Limited Part of Lot 18, Concessions 1 (Metro East Trade Centre) City of Pickering Staff have reviewed the inlbrmation on the above noted and. under the mandate of the Durham District School Board. have no objections. Yours truly. Christine Nancekivell, Planner • I. ;PL G OP VROPA 0-0(81) Piekcnng t)f FEB -07-2002 THU 03:13 PM VERIDIAN FAX NO, 905 519 0210 P. 03/03 ATTACHMENT# TO INFORMATION REPORT# 4 --a VERI:,[:►IAN CONNECTIONS DEVELaPMENT APPLICATION REVIEW PROJECT NAME; First Simi ha Shopping Centres Ltd. ADDRESS/PLAN: Metro Eaa. Trade Centre — Part of Lot 18, Concession 1 MUNICIPALITY: •ICMINIMs Pickering . oaar REF. NO.: Zoning By-LawArne,rilment SUBMISSION DATE: January 30, 2002 Application A 25/01 Other: Veridian Connections has no c i:tcems with the zoning amendment of this property. The applicant must make cI root application to the corporation to obtain specific approval of the new electrical service arrangetnel ea that will be required as a result of this zoning amendment. Technical Representative: Don Barnett Telephone 427-9870 Ext. 3253