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HomeMy WebLinkAboutPD 17-03 Ciú/ o~ REPORT TO PLANNING COMMITTEE Report Number: PO 17-03 Date: March 24, 2003 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 1/03 1174245 Ontario Limited (Oz Skate Park) 830 B rock Road Lot 1, Plan 40M-1347 City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 1/03, be APPROVED as set out in the draft by-law attached as Appendix I to Report No. 17-03, to amend the zoning of the lands to add a Commercial-Recreational Establishment use, submitted by, Oz Skate Park (Peter Law & Russ Culpeper) with permission from Henry Kaptyn, Principal of 1174245 Ontario Limited, on lands being Part of Lot 1, Plan 40M-1347, City of Pickering, 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 1/03, as set out in Appendix I to Report Number PO 17-03 be forwarded to City Council for enactment. Executive Summary: The applicant is requesting a change to the zoning by-law to permit the establishment of a Commercial-Recreational Establishment use. The current zoning allows a mix of Commercial and Industrial uses. The property is located on the south-west corner of Brock Road and Feldspar Court (see Location Map, Attachment #1 and Site Plan, Attachment #2). No alterations are proposed to the existing Commercial/Industrial building to accommodate the requested use. The proposed Commercial-Recreational Establishment use will be compatible with the existing Industrial uses on the site and within the area. Commercial-Recreational Establishment uses tend to be high generators of parking, therefore it is recommended that the gross leaseable floor area for all Commercial-Recreational Establishment uses within this building be limited to 1600 square metres, and that bingo facilities not be permitted. Report PD 17-03 Date: March 24, 2003 Subject: Zoning By-law Amendment Application A 1/03 Page 2 It is recommended that the application be approved and the draft by-law be forwarded to Council for enactment. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Background: 1.0 Comments Received 1.1 At February 20, 2003 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 and #4) 1.2 Comments from Circulated Property Owners Fred Engelage - D&R Custom Steel Fabrication - concerns with traffic movements in the Brock Road/Feldspar Court area; - concerns with safety for young drivers that would be frequenting the proposed indoor skate park; 2.0 Discussion 2.1 Proposed Commercial-Recreational Establishment Use is Compatible with Existing Industrial Uses and Site Function. The proposed use will be located within an existing industrial building which will not adversely effect, or visually impact the character of the surrounding neighbourhood. The proposed Commercial-Recreational Establishment use is compatible with the existing industrial uses. The current site design will permit the integration of Commercial-Recreational Establishment uses with the existing building and enable the site to function without conflicts of use. Commercial-Recreational Establishment uses typically offset Industrial uses with respect to hours of operation and parking. Hours of operation for Commercial-Recreational Establishment uses are predominately during the off-hours of industrial operations, such as in the evening hours and on the weekends. This allows for a sharing of parking amongst Commercial-Recreational Establishment uses and Industrial uses, thus maintaining site functionality. Report PD 17-03 Date: March 24, 2003 Subject: Zoning By-law Amendment Application A 1/03 Page 3 2.2 Floor Area Limitations Required for Commercial-Recreational Establishment Uses. The applicant is proposing an Indoor Skateboard/ln-Line Skate Park which is a Commercial-Recreational Establishment use. The current by-law definition for a Commercial-Recreational Establishment use permits recreational facilities such as bowling alleys, miniature golf courses, bingo facilities, gymnastics facilities, roller skating rinks, squash courts, swimming pools, batting cages, and other similar recreational facilities including an athletic or recreational club. Since the uses permitted under Commercial-Recreational Establishment tend to be high generators of parking, it is recommended that the by-law limit the gross leaseable floor area for all Commercial-Recreational Establishment uses to 1600 square metres (total gross floor area of building is 8884 square metres). This limitation will ensure that adequate parking is provided on-site for both Commercial-Recreational Establishment uses and Industrial uses. As noted above, a bingo facility is a permitted use within the definition of a Commercial-Recreational Establishment. A review of bingo facilities within the City and Region identified that this use is a greater generator of parking than other Commercial-Recreational Establishment uses. An example of a bingo facility which exemplifies this point is Delta Bingo located at 975 Dillingham Road. This bingo facility has been limited to a maximum gross leaseable floor area of 1740 square metres, with a minimum requirement of 270 parking spaces. Considering the high parking demand for bingo facilities and the limited parking availability on this site (170 spaces), it is recommended that a bingo facility not be included as a permitted use. 3.0 Applicant's Comments The applicant is aware of the contents of this report and has reviewed the draft by-law. Report PO 17-03 Date: March 24, 2003 Subject: Zoning By-law Amendment Application A 1/03 Page 4 Attachments: 1. 2. 3. 4. Location Map Site Plan I nformation Report Minutes from Public Information Meeting Prepared By: Approved I Endorsed By: ~~' G off a'nowski anning Technician , ". - /1# ø 1\-/ . Lynda Taylor GIP, RPP Manager, D velopment Review GXR:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City ou "I - ' I " ? .J APPENDIX I TO REPORT NUMBER PD 17-03 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 1/03 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. DRAFT Being a By-law to amend Restricted Area (Zoning) By-law 2511, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 1, Plan 40M-1347, City of Pickering. (A 01/03) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to change the zoning of the lands to permit the addition of a Commercial-Recreational Establishment Use, on the subject lands, being; Part of Lot 1, Plan 40M-1347, City of Pickering. AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT M2 is hereby amended by adding the following after subsection 17.4.2: 17.4.3 - Part of Lot 1, Plan 40M-1347 (1) Definitions (a) For the purpose of this subsection "Commercial-Recreational Establishment" shall mean a commercial establishment in which recreational facilities such as bowling alleys, miniature golf courses, bingo facilities, gymnastics facilities, roller skating rinks, squash courts, swimming pools, batting cages, indoor skateboarding/in-line skate park, and other similar recreational facilities are provided, and which may include an athletic or recreational club, but shall not include a place of amusement or entertainment as defined herein, a room or an area used for any video lottery terminal use as governed by the Gaming Services Act, an adult entertainment parlour as defined herein or a body rub parlour as defined in the Municipal Act, RS.O. 1990, Chapter M.45, as amended from time-to-time or any successor thereto; (b) For the purpose of this subsection "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (c) For the purpose of this subsection "Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, or a theatre, but shall not include a room or area used for any video lottery terminal use as governed by the Gaming Services Act, and adult entertainment parlour as defined herein or a body rub parlour as defined in the Municipal Act, RS.O. 1990, Chapter M.45, as amended from time-to-time or any successor thereto; (2) Provisions In addition to the provisions of Section 17.1 hereof, the lands designated M2 on Schedule "I" to By-law may be used for the purpose of a Commercial-Recreational Establishment in accordance with Section 17.2 provided that the following requirements are met: - 2 - (a) that despite the definition of a Commercial-Recreational Establishment, a Bingo Facility shall not be permitted; (b) the gross leaseable floor area of all Commercial-Recreational establishments shall not exceed 1600 square metres, and the parking ratio shall be, 1 space per 56 square metres of gross leaseable floor area, or portion thereof. 2. BY.LAW 2511 By-law 2511 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 2511, as amended. 3. 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-LAW read a first, second and third time and finally passed this day of , 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk ~ -'" -- I --- I --- I --- I --- I -- I -- I ---- I - I I ----' ------------------ --- - -"í- --- \ --- \ -- I --- I -- I --< \ -- -- I I --- --- I 1-- --- I I ---- /-- \ ---\"- I --- \ I -- I I --- I -- I - I I \ \ \ I --- \ -- -- \ -- -- ,....-- --- I ---- '( I \ \ ---.:> \ ----- I ---..:-- y..:>/ \ -<- --- I -- I --- \ -- I I I I I I I I I I \ \ ~sQ~ \J\C'?'í\( co\j~\ \ \ --- I ---- \ ----- \------- /<IR. C.I'" l' N SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2003 MAYOR CLERK I I I I I --_.J æ 0 0 æ æ 0 u 0 0::: 0 >- I tn¡~CHi,W)1 #_' . TO r ", .,)1 ~,PD 17 ~ C' 3_H O. ". STREEr /' 0 0( 0 a: 0 0( 0 a: Ii i Ò CLEMENTS ROAD COURT C.N.R. LD PAR C.N.R. Planning & Development Department City of Pickering PROPERTY DESCRIPTION LOT 1, PLAN 40M-1347 OWNER 1174245 ONTARIO INC, FILE No. A01/03 FOR DEPARTMENT USE ONLY l' DATE JAN 13,2003 SCALE 1 :7500 DRAWN BY JB CHECKED BY RP PN-9 PA- ATTACHMM' REPORT I PO cf{'- TO /7-6 '3. INFORMATION COMPILED FROM APPLICANT'S PROPOSED PLAN AO1/2003 FELDSPAR COURT ""'-"'------ .".....,.""""""...... ""-,""_..."",, ",--- ~ 0 « 0 a:: ~ () 0 a:: CC THIS MAP WAS PRODUCED BYTHE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION,JANUARY 13, 2003. PT ACf-IMENT # . ,~ TO REPORT II PO 7 7,. 0 .~ Ciú¡ c# INFORMATION REPORT NO. 05-03 FOR PUBLIC INFORMATION MEETING OF February 20, 2002 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 01/03 1174245 Ontario Limited (Oz Skate Park) 830 Brock Road Lot 1, Plan 40M-1347 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is approximately 2.2 hectares in size, and located on the south-west corner of Brock Road and Feldspar Court (see Attachment #1 - Location Map); - a one-storey commercial/industrial building of approximately 8884.16 square metres is currently situated on the property (see Attachment #2 - Approved Site Plan); - the applicant will be occupying one unit of the commercial/industrial building; - the unit is approximately 1520 square metres in size; - commercial and industrial operations surround the property on the north, south, east, and west sides. 2.0 APPLICANT'S PROPOSAL - the applicant's propose to amend the existing zoning on the subject lands to add a Commercial-Recreational Establishment use (indoor Skateboard/In-line skate park). Information Report No. 05-03 . j r . ,'3 ' .ò.. .t -_._1 U r;~, 'ul{ I # PI; / 7 - () '3 Page 2 3.1 3.2 3.3 3.0 OFFICIAL PLAN AND ZONING Durham Reaional Official Plan - the Durham Regional Official Plan identifies the subject lands as being designated "Employment Area", which permits a wide range of employment and employment-related uses; - the applicant's proposal appears to comply with this designation. Pickerina Official Plan - the subject property is designated "Employment Areas - General Employment" within the Brock Industrial Neighbourhood; this designation permits a wide range of employment and employment-related uses, including community, cultural, and recreational uses. Schedule II of the Pickering Official Plan - "Transportation Systems" designates Brock Road as a Type C - Arterial Road and Feldspar Court as a Local Road; - the applicant's proposal appears to conform to the applicable Official Plan policies. Zonina By-law 3036 - the subject property is currently zoned "M2" -Industrial Zone by By-law 2511/00; - the current zoning permits the following uses: Residential . for a caretaker or watchman Commercial . open air markets, public parking lots, a business or professional office; Industrial . a service or repair shop, a warehouse or distributing depot, a garage, a dry cleaning, pressing, laundry establishment, a creamery, a printing or duplicating shop, a bakery, a dairy, light manufacturing, assembly of manufactured products, a transportation terminal, and industrial uses carried on within an enclosed building or structure. an amendment to Zoning By-law 2511 is required to permit the proposed addition of a Commercial-Recreational use for an indoor skateboard park. n , ~ - ., ...¿_._- ¡ '"' '. ¡"¡J / "7 -() 3 .--....--,.- '--'.. .., Page 3 Information Report No. 05-03 4.0 4.1 4.2 4.3 4.4 RESULTS OF CIRCULATION Resident Comments - no written resident comments have been received to date; AQency Comments - no agency comments have been received to date; Applicant's Information The applicant's have provided the Planning & Development Department the following information: . operation will cater to children 12 - 18 years old; . hours of operation will be' generally from 4 pm - 10 pm throughout the week and full business hours on the weekend; . may be closed one day during the week; . unit will contain a ramped area, flatland area, pro shop, party room, rental area, arcade, and food services; . three 2 hour sessions on the floor (ramp area/flatland area); . 90 children at any given time in the skate park, plus other children and parents functioning as spectators; . children will primarily be dropped off, or take public transportation to the facility; . 5 dollar fee to enter the facility; . the operation will promote a clean safe environment; . location can be accessed by public transportation; Staff Comments in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: . the compatibility of the proposed development with the existing built form; . examination of the existing parking situation on-site, to determine its functionality with the existing uses on-site; . examination of parking requirements for Commercial-Recreational uses, to ensure minimum on-site parking is available; . evaluate parking options to determine if floor space limitations are required; . evaluate the maximum parking capacity of the site. Information Report No. 05-03 !"1i'~"¡,,'T~!i II .:3 TO ,,' ",," -j-'7'O? h.... '."...---- -" -- Page 4 - this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Councilor 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 by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 OTHER INFORMATION 6.1 Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; 6.2 Information Received - full scale copies of the Applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; Property Principal 6.3 - the principal of this property is Henry Kaptyn, 1174245 Ontario Limited; - the applicant's are Peter Law & Russ Culpeper. ORIGINAL SIGNED BY ORIGINAL SIGNFn D"" Lynda Taylor, MCIP, RPP Manager, Development Review Geoff Romanowski Planning Technician GXR:jf Attachments Copy: Director, Planning & Development "'r t'.CH~ ~un #_.-- _..¿ Tn i~' iH 1'7' () '3 APPENDIX NO. I TO INFORMATION REPORT NO. 05-03 COMMENTING RESIDENTS AND LANDOWNERS (1 ) none received to date; COMMENTING AGENCIES (1 ) none received to date; COMMENTING CITY DEPARTMENTS (1 ) Planning & Development Department; ATTACHMENT (I , if TO Excerpts from ~:;[?ORT # PO /'7- 0 1 Statutory Public Information Meeting Thursday, February 20, 2003 7:00 P.M. The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (III) ZONING BY-LAW AMENDMENT APPLICATION A 01/03 1174245 ONTARIO LIMITED (OZ SKATE PARK) 830 BROCK ROAD LOT 1. PLAN 40M-1347 1. Geoff Romanowski, Planning Technician, provided an explanation of the application. as outlined in Information Report #01-03.