HomeMy WebLinkAboutPD 17-03
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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:
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G off a'nowski
anning Technician
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Lynda Taylor GIP, RPP
Manager, D velopment Review
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Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City ou "I
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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
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SCHEDULE I TO BY-LAW
PASSED THIS
DAY OF 2003
MAYOR
CLERK
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CLEMENTS
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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
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DATE JAN 13,2003
SCALE 1 :7500
DRAWN BY JB
CHECKED BY RP
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ATTACHMM'
REPORT I PO
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INFORMATION COMPILED FROM APPLICANT'S PROPOSED PLAN
AO1/2003
FELDSPAR COURT
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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 .~
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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
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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.
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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
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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
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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.