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HomeMy WebLinkAboutPD 28-03 Ciú¡ 0# REPORT TO COMMITTEE OF THE WHOLE Report Number: PO 28-03 Date: July 4, 2003 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 11/02 The GIMI Construction Company Ltd. 550 Finch Avenue Parts 1 and 3 of Plan 40R-10641 and Part 2 of Plan 40R-11450 Part of Lot 30, Concession 2 City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 11/02, submitted by GIMI Construction Ltd., be APPROVED, to permit retail, convenience-commercial, personal service, business and professional office, bakery and restaurant uses, for 550 Finch Avenue, being Parts 1 and 3 of Plan 40R-10641 and Part 2 of Plan 40R-11450, Part of Lot 30, Concession 2, City of Pickering; 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 11/02, as set out in Appendix I to Report Number PD 28-03 be FORWARDED to City Council for enactment. 3. That Council ADOPT a Resolution noting that "the expanded list of uses to include professional and business office, bakery and restaurant uses is minor in nature and does not require recirculation of Application A 11/02". Executive Summary: The applicant proposes to change the zoning on the subject vacant lands to permit retail, convenience-commercial, personal service, business and professional office, bakery and restaurant uses on the subject property, located on the north side of Finch Avenue, east of Rosebank Road (see Location Map - Attachment #1). Two buildings are proposed to be constructed on the lands with a combined gross floor area of 806 square metres (see Attachment #2). The proposed uses comply with the provisons of the City's Official Plan and the subject lands are suitable for the proposed use. Several conditions of development necessary to ensure compatibility with adjacent uses will be addressed through the site plan approval process. It is recommended that the application be approved. Report PO 28-03 July 4, 2003 Subject: Zoning By-law Amendment Application A 11/02 Page 2 Financial Implications: Sidewalk construction across the Finch Avenue frontage of the property is identified as a development charge project, payable in 2004 (total project cost of $96,525 of which the City's share is $48, 263). Background: 1.0 Comments Received 1.1 At the November 21, 2002 Public Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 and #4) Richard Ward, former owner of the property, supports the application; and, a resident expressed concern that commercial uses may attract crime. 1.2 Following the Information Meeting comments provided verbally to staff by two residents identified concerns with; . possible loitering of students, hours of operation and increased traffic due to the proposed uses; 1.3 Agency Circulation Toronto and Region Conserva tion Authority (TRCA) : In order to protect the wildlife corridor; - the applicant should install silt and wood fences during and after construction along northern property boundary; and, - direct lighting away from the corridor; (see Attachment # 5). Durham Planning Department - the proposal conforms to the Durham Region Official Plan; municipal water and sanitary sewer services are available; one traffic access to Finch Avenue with turn lanes from Finch Avenue should be provided; - the Rouge-Duffins Wildlife Corridor should be protected; and, a subsurface environmental site investigation is required; (see Attachment # 6). Veridian Connections & Hydro One no objections. Report PD 28-03 July 4, 2003 Subject: Zoning By-law Amendment Application A 11/02 Page 3 1.4 City Department Comments Development Control Supervisor The following requirements must be satisfied prior to site plan approval: a stormwater management report; a Finch Avenue storm sewer may be required with cost sharing and easements; a sidewalk along Finch Avenue; - fencing along the Hydro Corridor; and, a sediment and erosion control plan, a construction management plan, a soils report and a Fill/Topsoil permit; (see Attachment #7). Municipal Property and Engineering: - a sidewalk is required; and, - relocation of the vehicular entrance to the east end of the site should be considered; (see Attachment #8). 2.0 Discussion: 2.1 The application includes an expanded list of permitted uses since the application was originally circulated. The rezoning application form submitted by the applicant proposed retail, convenience-commercial and personal service uses for the lands. However, a letter accompanying the application also included business and professional offices, bakery and restaurant as additional requested uses. The notice sign posted on the site, the Notice of Public Meeting circulated to neighbouring properties and Information Report No. 33-02 each listed the applicant's proposed uses as retail, convenience-commercial and personal service uses, being those uses listed in the rezoning application form. The applicant has since confirmed that its land use request includes the broader list of permitted uses. Consequently, this report and the proposed amending zoning by-law contained in Appendix II, reflect the expanded list of proposed uses. The public were advised of the full range of requested uses through the notice circulated to interested parties and residents, advising of the July 28th meeting date for consideration of the application. Further, the text of Report PD 28-03 and the proposed amending by-law both provide clarification of the full list of proposed uses. This change is not considered to be of such significance as to warrant full recirculation of the application. It is recommended that Council adopt a Resolution to state that "the expanded list of proposed uses to include business and professional office, bakery and restaurant uses is minor in nature and does not require recirculation of Application A 11/02". Report PO 28-03 July 4, 2003 Subject: Zoning By-law Amendment Application A 11/02 Page 4 2.2 2.3 Proposed use conforms to the Pickering Official Plan The subject property is designated "Urban Residential - Low Density Area" in the Pickering Official Plan. This designation permits the proposed retail, convenience- commercial, personal service, business and professional office, bakery and restaurant uses to be considered for approval. Approval of the rezoning would conform with the Pickering Official Plan designation. In addition, development of the subject site for the proposed uses will be compatible with the lands to the north that are designated Rouge-Duffins Wildlife Corridor provided the recommendations of the Environmental Report, dated August 2002, conducted by Niblett Environmental Associates for the applicant are implemented through the site plan agreement. A copy of the Environmental Report may be examined at the Planning & Development Department. The proposed use also conforms to the Region of Durham Official Plan. The Site is Suitable for the Proposed Use The applicant is proposing to develop two buildings on the site for retail, convenience-commercial, personal service, business and professional office, bakery and restaurant uses (total 806 square metres gross floor area). As there are no similar uses currently located in the immediate area, this will provide for local convenience needs. The proposed uses will be compatible with the existing surrounding low density residential uses to the east and the south and the hydro corridor and Rouge-Duffins wildlife corridor uses to the north provided appropriate buffering, landscaping, fencing and similar mitigation measures identified in the Environmental Report prepared by Niblett Environmental Associated Inc. are required through the site plan approval process. Due to the size, configuration and location of the subject lands, the amount of floor area for restaurant use should be limited to approximately a quarter of the total floor area of buildings on the site. The proposed by-law limits the restaurant use on the subject lands to 220 square metres of gross leasable floor area and prohibits a drive-thru restaurant. Sufficient site area is available to accommodate the proposed uses and the required parking with one direct access provided to Finch Avenue. The Phase I Environmental Site Assessment of the site, prepared by Pinchin Environmental concluded that "due to the presence and the unknown source of fill material on the property, a subsurface investigation was recommended to determine the presence or absence of contaminants at the site". Aims Consulting Environmental subsequently conducted a Phase II Environmental Site Assessment and concluded that the site is suitable for the proposed commercial uses (see Attachment #9). Copies of the Phase I and Phase II Environmental Site Assessments may be examined at the Planning & Development Department. Report PD 28-03 July 4, 2003 Subject: Zoning By-law Amendment Application A 11/02 Page 5 2.4 The Site Plan Approval Process will address Site Development, Site Functioning, Urban Design, and Servicing, to be secured through appropriate agreements. A proposed site plan was submitted to the City in April 2002. Consideration of the proposed site plan will proceed once a decision on the zoning amendment is reached. The proposed site plan illustrates that adequate parking and efficient site functioning can be achieved (see Attachment # 2). In order to facilitate development, both on-site and off-site improvements will be required. Finch Avenue Sidewalks The urbanization of Finch Avenue, including a sidewalk along the frontage of the subject lands, will be required to be completed by the property owner in conjunction with the development of these lands. The City has identified that a sidewalk will be required for this section of Finch Avenue as a development charge funded project, payable in 2004. Sidewalks currently located on the south side of Finch Avenue and on the north side of Finch Avenue to the east of the subject site are shown on Attachment #10. Provision of sidewalks along the frontage of the subject lands will provide opportunities for safe pedestrian passage across the front of this commercial development. Intersection Improvements Even with the installation of sidewalks on Finch Avenue, full pedestrian accommodation will not be achieved until the 'jog' at the Rosebank/Finch intersection is eliminated and traffic signals are installed. The elimination of the 'jog' is identified in the Rouge Park Neighbourhood policies in the Pickering Official Plan. Recent approvals for the Rosebank Gardens Inc. draft plan of subdivision (Application SP 2001-02) and the draft plan of subdivision proposed by Jocelyn Barber (Application SP 2003-02) emphasize the growing need to eliminate the 'jog' and signalize the intersection (see Attachment #11). Through redevelopment of Rosebank Road, north of Finch Avenue, for the Rosebank Gardens draft plan of subdivision, staff are presently reviewing the potential 'jog' elimination of Rosebank Road through Finch Avenue. Funding for the urbanization of Rosebank Road, north of Finch was approved in the City's 2003 capital budget as a development charge funded project (external subdivision). Elimination of the "jog" with this reconstruction will facilitate signalization of the intersection when warrants are achieved. However, hydro corridor lands will be required to implement the new road alignment. Report PO 28-03 July 4, 2003 Subject: Zoning By-law Amendment Application A 11/02 Page 6 Storm Sewers In addition, the Finch Avenue storm sewer and outfall may be required prior to proceeding with this development. Cost sharing and cost recovery for the storm sewer can be addressed in the site plan agreement. Full details of required road urbanization will be identified through the site plan process and secured as part of the site plan agreement. Sanitary Sewers The applicant will be required to satisfy the Region of Durham respecting provision of a sanitary sewer extension from Seguin Square (to the south of Finch Avenue) to the subject site at the expense of the applicant through the site plan agreement. Architectural Details. Heiqht and Odour Suppression Although the City has received an application for site plan approval, architectural details of the proposed building designs will be reviewed through the site plan approval process following adoption of the zoning amendment. In order to assist with compatibility of the proposed development with residential development to the east, the implementing by-law restricts building height to generally the same height as existing dwellings to the east (9.0 metres). The proposed site plan illustrates buildings located at the west edge and in the middle of the site. The final location of the buildings will be addressed through the site plan approval process. However, to ensure that new buildings are set back adequately from existing residences, a minimum 15 metre setback requirement from the east lot line has been established in the proposed by-law. In addition, due to the introduction of restaurant uses, provisions requiring odour suppressant equipment should be implemented in the site plan agreement. Lastly, the applicant has advised that the siting of the proposed buildings is the result of constraints posed by two existing easements. Compliance with the terms of the easements will also be dealt with through the site plan process. 2.5 Approval of the application is recommended and an amending zoning by-law should be enacted. A draft implementing zoning by-law is attached to this report for Council's enactment (see Appendix II). The by-law provides for a change in permitted uses from open space uses to retail, convenience-commercial, personal service, business and professional office, bakery and restaurant uses and appropriate performance standards for the site. Report PD 28-03 July 4,2003 Subject: Zoning By-law Amendment Application A 11/02 Page 7 Site functioning, required urbanization of street frontages, conveyance of the road widening, lighting, landscaping, and other site development standards will all be addressed at the site plan approval stage, through a site plan agreement. Recommended conditions of approval for the implementing zoning by-law and the site plan agreement are outlined in Appendix I to this Report 3.0 Applicant's Comments: The applicant concurs with the recommendations of this Report. APPENDICES: APPENDIX I: APPENDIX II Recommended Conditions of Approval Draft By-law 1. 2. 3. 4. 5. 6. 7. 8. 9. Attachments: 10. 11. Location Map Conceptual Site Plan submitted with Zoning By-law Amendment Application Information Report 33-02, dated November 21,2002 Minutes of Statutory Public Information Meeting held November 21,2002 Comments from the Toronto and Region Conservation Authority Comments from Durham Region Planning Department Comments from Supervisor, Development Control Comments from Division Head, Municipal Property & Engineering Phase" Environmental Site Assessment - Executive Summary, AIMS Consulting Environmental, dated April 15, 2003 Sidewalk Map Expected development in the Rosebank/Finch area Report PD 28-03 July 4,2003 59 Subject: Zoning By-law Amendment Application A 11/02 Page 8 Prepared By: Approved I Endorsed By: Jt<z /b~, Steve Gaunt: MCIP, RPP Planner II Neil Carro PP Director, Planning & Development Lynda Taylor, MC RPP Manager, Development Review SG/jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Th ;,; f': APPENDIX I TO REPORT NUMBER 28-03 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 11/02 1. That the implementing zoning by-law: a) allow retail, convenience-commercial, personal service, business and professional office, bakery and restaurant as permitted uses; b) restrict restaurant use to 220 square metres of gross leasable floor area; c) prohibit drive-thru restaurants; d) establish a maximum building height of 9.0 metres; and, e) establish a minimum east yard width of 15.0 metres. 2. That the site plan agreement include requirements such as, but not restricted to: a) odour suppressant equipment for any restaurant use in the property; b) sidewalks along the frontage of the subject lands; c) provision of a Finch Avenue storm sewer and outfall, as required; d) provision of road urbanization, as required; e) provision of sanitary sewer extension, as required; and, f) provision of a road widening across the Finch Avenue frontage to 15 metres from the center-line of Finch Avenue. APPENDIX II TO REPORT NUMBER 28-03 DRAFT BY -LAW FOR ZONING BY-LAW AMENDMENT APPLICATION A 11/02 THE CORPORATION OF THE CITY OF PICKERING DRAFT Being a By-Law to amend Restricted Area By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Part of Lot 30, Concession 2 (Parts 1 and 3 of Plan 40R-10641 and Part 2 of Plan 40R-11450), City of Pickering (A 11/02) 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 retail, convenience- commercial, personal service, business and professional office, bakery and restaurant uses on the subject lands; BY-LAW NUMBER AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE CORPORATION OF THE COUNCIL OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. 2. 3. 4. SCHEDULES I & II Schedules I & " attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of lot 30, Concession 2 (Parts 1 and 3 of Plan 40R-10641 and Part 2 of Plan 40R-11450), City of Pickering, designated "C18" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law: (1 ) "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 or designated to appeal to erotic or sexual appetites or inclinations; (2) "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; (3) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (4) "Dry Cleaninq Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; (5) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged, and which includes a chartered bank or a branch thereof; (6) OIAFT (a) "Floor Area" shall mean the aggregate of the floor surface contained within the outside walls of a storey; . -2- (b) "Gross Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (c) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade designed. for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (7) "Laudromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (8) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a bodyrub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any successor thereto; (9) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician but shall not include a body rub parlour as defined in The Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or aáy successor thereto; (10) "Restaurant - Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises; and, (11) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, offered or kept for retail sale to the public. 5. PROVISIONS (1 ) Uses Permitted ("C18" Zone) (2) No person shall, within the lands designated "C18" on Schedule I hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) bakery; business office; dry cleaning depot; financial institution; laundromat; personal service shop; professional office; restaurant, type A; retail stores. Zone ReQuirements ("C18" Zone) No Person shall, within the lands designated "C18" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure except in accordance with the following provisions: -3- DIAFT (a) BUILDING RESTRICTIONS (i) Buildings and Structures shall be located entirely within the Building Envelope illustrated on Schedule 1/ attached to this By-law; (ii) For the purpose of this clause, the building envelope shown on Schedule 1/ attached hereto shall be measured from the property lines; (iii) Building Height: maximum 9.0 metres. (b) OPEN STORAGE All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display permitted. (c) PARKING REQUIREMENTS (i) A minimum of 5.5 parking spaces shall be provided and maintained on lands zoned "C18" on Schedule I attached to this By-law for every 1 00 square metres of gross leasable floor area or part thereof; (ii) Clauses 5.21.2 (a), (b), (c) and (e) inclusive, of Bylaw 3036, as amended, shall not apply to the lands zoned "C18" on Schedule I attached hereto; (iii) Despite Clauses 5.21.2 (g) and 5.21.2 (k) of By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete or any combination thereof; and, (iv) All parking spaces shall be set back a minimum of 3.0 metres from Finch Avenue and the easterly boundary of the lands zoned "C18" on Schedule I attached to this By-law. (d) SPECIAL RESTRICTIONS: (i) No drive-through facility shall be permitted in association with any of the uses permitted on the lands designated "C18" on Schedule I attached hereto; and, (ii) The gross floor area of restaurant Type 'A' uses on the lot shall not exceed 220 square metres. 6. BY-LAW 3036 By-law 3036, 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 Schedules "I" & "II" attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be govemed by the relevant provisions of By-law 3036, as amended. 7. 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 ,2003. day of Bruce Taylor, Clerk 0«- <i- 'J oQ¡. G R-° ~~'J ~\J(\'\ \J ( \ -~~~=~~~~\~~~~~~ -~~~=~/-::~~ç~~~ ,,- \ ----- ------\-- ---- \ -- 4-- '~-,----"-'" \ t\\'\C\-\ c:i 0 c£- ->- ~ ~ \JÌ 0 c£- \ -- \ -- , ---' \ ,-- ,,-- - \ ------- \ -- \---- " --:::::=:=:~:~~~::: :-- -----'<;-- -- \ -,-- , s(G\J\~ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\\\\\\ \\ ,\\\\ \ \ \ \ \ \ 1---- \ \ \ \ ';,.--.J--- \ \ \ ---\--- ---- \ \ --->' \ --- \ ,->' ,~-- -~~_::::=:=:J\:~::::::::- - l' N SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2003 ~ ; MAYOR CLERK 0«- ~() 0<¿-2 G ~o ~<\) ~ í(\~cr\ - - - - BUILDING ENVELOPE l' N SCHEDULE IT TO BY-LAW PASSED THIS DAY OF MAYOR :;t/. CLERK ATTACHMENT I / TO REPORT I PD~ QO~ ~~\ cO ~ z « m w (j) 0 0:: ~Q~O y\ FINCH AVENUE 0 « 0 0:: w ~ 0:: 0 0 ;0 <: fT1 City of Pickering Planning & Development Department PROPERTY DESCRIPTION CON 2 PT LOT 30 NOW RP 40R-10641 PART 1-3 AND RP 40R-11450 PART 2 OWNER GIMI CONSTRUCTION CO. LTD. DATE JUNE 27, 2003 DRAWN BY JB FILE No. A 11/02 SCALE 1 :5000 CHECKED BY SG l' FOR DEPARTMENT USE ONLY PN.11 PA- ATTACHMENT ,::? TO REPORT' PO ;;( <,? . 0 3 PLAN OF SURVEY OF PART OF LOT 30, CONCESSION 2 TOWNSHIP OF PICKERING COUNTY OF ONTARIO NOW IN THE I I I I I I I ~~ I I ~N I I ;f I I ~~ I q~1 I ~f I ~ I I I -- -- / / / , / / """ "... ,..- ""or""" CONCEPTIJAL ELEVATION FROM FINCH AVE. TOWNSHIP OF PICKERING REGIONAL MUNICIPAUTY OF DURHAM BRYAN T DAVIS, CLS I I ill §I "I I ¡ I I I S- I I ,J ~ Q --,,~<ð I . --'C""". ,r~'~ ----"" I --- ß""" 1.1 _/"0 -,-~.;c¡r,.",- I . L_--i) ~ /---- ..,. øP /~.,..___--r-'l""'" -{ /// / I ~ ),Þ"""'- / .< .~~ ¡;¡ I --......- -< ,.....-.," . 0 -r~.-I/ / ..0' /0' ,;." G \ í' ~, of /,;." /,/"\-v~---- ¡ I ,~<Þr'o ~ó ~ I ,........-r - I - I LOT 2 PROJECT DATA ~ AREA OF sm: - 3714 aq.m. (39980 aq.fI.) AREA OF ROAD WlOENING - 601 aq.m. (6470 oq.IL) LANDSCAPE AREA - 8D6 oq.m. (8678 aq.IL) - 21.7:': (a.eludlng road wldsning) LOT FLOOR AREA (Grooo) - (A) 218 oq.m. (2346.6 oq.fI.) - (B) 58B oq.m. (6329.4 oq.fI.) - 806 oq.m. (8878 sq.fI.) - 21.7:C; 01 sits area TaTAL GROSS FLOOR AREA '(coverage) PARKING REQUIRED - 5.5 parking spoco/1oo oq.m. BOB oq.m - 4S parking opacoo PARKING PROVIDED 47 parking opacaa + 2 loading spaces LOT 1 -----¿_------£'"!------i."':!:.-"--- ,,# ",'" ---"'-- FINCH AVENUE REGIONAL R 0 A D N". 37 (R 0 A 0 ALLOWANCE BETWEEN CONCESSIONS AN 0 2 ) -------------- -------~--- ----------- ~~':=:-""':::="":': "-_"_k_"'" g§oi'~~..:...::. Suu-dda Palkar Architectural Corporation r~~:r1 ........ p........, """"""'" -......... -""-"--- -.... """ !'Wi X :=...-1"'"" =""",,<;8\ ....,.., 'Ð ..... ....... .... SP. """" k 1 - 200 -- 9.B-a.1 SP 1 ATTACHMENT ,:3 TO REPORT , PO ,:;¡ g - 0 3 Ciit¡ 0# INFORMATION REPORT NO. 33-02 FOR PUBLIC INFORMATION MEETING OF NOVEMBER 21sT, 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 11/02) The GIMI Construction Company Ltd. 550 Finch Avenue Parts 1 and 3 of 40R-10641; and Part 2, 40R-11450 Part of Lot 30, Concession 2 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION 2.0 3.0 3.1 - the subject property is located on the north side of Finch Avenue, east of Rosebank Road, west of Ameretto Avenue (see location map, Attachment #1). APPLICANT'S PROPOSAL - the subject property is approximately 0.3 hectares in area; - the applicant is proposing two buildings with an approximate total floor area of 806 square metres (8,675 square feet). Building A is approximately 218 square metres and Building B is approximately 588 square metres (see Applicant's Submitted Plan, Attachment #2). - the applicant proposes to change the zoning on the subject property to permit retail, convenience commercial, and personal service uses; - the applicant has also submitted an application for Site Plan approval (file # S-005/02). OFFICIAL PLAN AND ZONING Durham ReQional Official Plan - subject property is designated as "Living Area" and "Open Space Linkage" in the Durham Region Official Plan; Information Report No. 33-02 ATTACHMENT I 3 TO REPORT I PO ~f?^o 3 Page 2 - the Region of Durham Planning Department will provide comments regarding conformity with the Durham Region Official Plan, servicing and delegated Provincial review responsibilities. 3.2 Pickerin~ Official Plan - the subject property is designated "Low Density - Urban Residential" in the City of Pickering Official Plan; - the "Low Density - Urban Residential" designation permits primarily housing and related uses and activities. However, compatible employment uses, and compatible special purpose commercial uses serving the surrounding area are also permitted; Section 3.9(b) of the City of Pickering Official Plan states that City Council may zone to permit the above-noted uses, and in doing so, will apply appropriate performance standards, restrictions and provisions; Section 3.9(c) of the City of Pickering Official Plan states that in establishing performance standards, restrictions and provisions, particular regard shall be had for the following: 0 protecting and enhancing the character of the established neighbourhoods, considering such matters as building height, yard setback, lot coverage, access to sunlight, parking provisions, and traffic implications; 0 restricting the size height and/or floorspace of non-residential development in response to provisions specified in a Part Three Neighbourhood Plan to prevent excessive commercial development, or where neighbourhood character and/or environmental constraints warrant; - the subject property is located within the "Amberlea Neighbourhood" of the City of Pickering Official Plan; 3.3 Zonin~ By-law 3037 - the subject property is currently zoned "02" - Public and Private Open Space Zone, in Zoning By-law 3036, as amended; - the "02" zone permits such uses as parks, walks, statues, fountains play lots, playfields, playgrounds, athletic fields, etc.; retail, convenience commercial, and personal services uses are not permitted under the current zoning; a zoning by-law amendment is required to permit the proposed uses. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments none received to date; Information Report No. 33-02 ATTACHMENT # 3 TO REPORT # PO ,!';) f? -0 3 Page 3 4.2 AQency Comments none received to date; 4.3 Staff Comments 4.3.1 Information Submitted by the Applicant: Environmental Report - the subject property backs onto the Rouge Duffin's Wildlife Corridor identified on Schedule III to the City of Pickering Official Plan; Section 15.9 of the Official Plan requires that an environmental report be completed for the subject property because it is located within 50 metres of the Rouge Duffin's Wildlife Corridor; - the Environrrental RepJrt prepared for the applicant by Niblett Environræntal Associates Inc. concluded that the proposed development will not have an impact on the features and functions of the Rouge-Duffins Wildlife Corridor, provided the following mitigation measures are implemented: 1. Use and storage of heavy equipment, stockpiles, debris and site grading should not occur outside of the property boundary; 2. The property boundary should be clearly marked and staked prior to site grading. Temporary silt fencing would help operators visually to avoid entering the corridor; 3. use of diffuse lighting and directing lighting away from the corridor (facing south) to limit pollution of the corridor. Security lighting should be diffuse and splash onto the paved areas only; 4. A solid wooden fence should be constructed along the entire northern boundary of the development to prevent light pollution and disturbance to the wildlife using the corridor; 5. A wildlife-monitoring program is not recommended for this development due to the small scale of the development and adjacent development. Phase I Environmental Site Assessment (ESA) City Staff understand that, due to filling and grading on the subject property, as well as unknown former land uses, a Phase I Environmental Site Assessment (ESA) was needed to determine potential contamination on the subject property; - the Phase I ESA prepared for the applicant by Pinchin Environmental, submitted with the rezoning application, concluded that "due to the presence and unknown source of the fill material on [the subject property], a subsurface investigation is recommended to determine the presence or absence of contaminants at the Site". Information Report No. 33-02 ATTACHMENT #- :3 TO REPORT # PO B ~ -03 Page 4 4.3.2 Staff Comments In reviewing the application to date, the following matters have been identified by staff for further review and consideration: 0 appropriateness of the site for the proposed use; 0 development constraints; 0 compatibility with surrounding land uses; 0 impact on surrounding land uses; 0 servicing constraints; 0 conformity with the City of Pickering Official Plan, the Durham Region Official Plan and other applicable policies; 0 impact on Amberlea Neighbourhood; 0 review of Phase I Environmental Site Assessment regarding potential site contamination; 0 review of the Environmental Report regarding impact on Rouge-Duffin's Wildlife Corridor; and 0 agency and department comments. approval of the Site Plan application is also required prior to development proceeding. 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 Information Received - copies of the following information submitted by the applicants are available for viewing at the offices of the City of Pickering Planning & Development Department: 0 applicant's submitted conceptual site plan; 0 Phase I Environmental Site Assessment (ESA); 0 Environmental Report. Information Report No. 33-02 ATTACHMENT I '3 TO REPORT # PO r.2t6,.. 0 3 Page 5 6.2 Company Principal - Mitko Stankovsky is President of The GIMI Construction Co. Ltd.; - The GIMI Construction Co. Ltd. is the registered owner of the subject property; - Bob Martindale, Martindale Planning Services, is the agent for the Zoning By-law Amendment application; - Suu-Dda Patkar, Suu-Dda Patkar Architectural Corporation, is the agent for the associated Site Plan application (File # S-005/02). ORIGINAL SIGNED BY ORIGINAL SIGNED BY Edward W. Belsey Planner II Lynda Taylor, MCIP, RPP Manager, Development Review EB:td Attachments Copy: Director, Planning & Development 2. 3. 4. Statutory Public Information Meeting ATTACHMENT #_'i--. ~hursday, NOVember7~~Ò ~~~~ REPORT # PD".~"~.:Q.3.""- 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 11/02 THE GIMI CONSTRUCTION COMPANY LTD. 550 FINCH AVENUE PARTS 1 AND 3 OF 40R-10641; AND PART 2, 40R-11450 PART OF LOT 30. CONCESSION 2 1. Edward Belsey, Planner II, provided an explanation of the application, as outlined in Information Report #33-02. Mr. Sulaiman, 1528 Sequin Sq., resident across the street from this property, questioned if this application will affect the neighbourhood. He stated his concern with the possibility of crime. Richard Ward, 3709 Regional Road 9, Orono, requested residential or commercial for this property in 1986 when he was the owner. He was advised at that time that residential was not suitable for the area. He stated his support of this application for commercial. Further environmental assessment is not required as he placed excellent topsoil on the land in 1986. Bob Martindale, agent for the applicant, feels that this commercial development will be beneficial to the neighbourhood. Belsey, Edward ATTACHMENT (I 5 TO REPORT # PO :< f1 - 0 3> From: Sent: To: Subject: David_Lawrie@trca.on.ca November 19, 2002 4:01 PM Belsey, Edward Zoning By-law Amendment, A 11/02 Dear Mr. Belsey, Our Staff Ecologist has reviewed the Environmental Report submitted to us by Niblett Environmental Associates Inc. for the Pickering Commercial Development Part Lot 30, Concession 2 in the City of Pickering. TRCA offers the following comments for the upcoming Public Meeting on November 28th, 2002: 1. All works should be limited to the subject should be installed along the northern property boundary into the wildlife corridor during construction¡ property. A silt fence to prevent encroachment 2. Diffuse lighting should be directed away from the corridor (facing . south) ¡ and, a solid wood fence should be installed along the entire northern property limit to prevent encroachment once the commercial facilities have been ¡:,onstructed. I hope this helps. David 416-661-6600 ext 5268. 1 The Regional Municipality , of Durham Planning Department 1615 DUNDAS Sf.. E. 4TH FLOOR, LANG TOWER , WEST BUILDING , P,O, BOX 623 WHITBY,ON L 1N6A3 (905) 728-7731 , FAX: (905) 436-6612 . www,region,durham,on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning 'ATTACHMENT i tv ,,'TO REPOR1 # PO d g ~o3 November 12, 2002 , Ed 'Belsey, Planner II , Planning &Development Department One the ,Espl~naçfe' Pickering, Ontario L1V 6K7' , RECEIVED NOV 1 32002 CITY OF PICKEFlING PLANNING AND' . , DEVELOPMENT DEPARTMENT Dear Mr. Belsey: Re: , , , , Zoning Amendment Application A 11/02 Applicant:, GIMI Construction GO. Ltd. Location: Part of Lot 30, Concession, 2 Municipality: , City of Pickering' ' We have revieyved this application 'and thefoilowing comments are offered with respect to compliance with the Durham'Regional Official Plan, the proposed method of servicing and delegated provincial plan review responsibilities. " " " , The purpose of the application is to rezone the sUbject property to permit retail, 'convenience commercial, and personal service uses. Durham Reqional Official Plan The subject property is ,designated "Living Area", in the Durham Regional, Official Plan,: Limited office development and retailing of goods and, . services are permitted within this designation, in app'ropriate locations. These uses are permitted as components of mixed us'e developments, , ' , provideclthat Community and Local Central Areas are designated in the 'areá municipal officiE J plan, and the functions and characteristics of t~e. Central Areas are not adversely ,affected. The proposed amendment.is in conformity, with the Durham Regional Official Plan. ',' '. , ' Method of Serviclnq , ' . Municipal watersupply is available to the property. Sanitary sewer' , service', however, is not immediat~lyavailable. Sanitary sewer service' mustb.e extended from Seguin Square to the, site at full expense to the applicant.' " , , " . The subject property will be. permitted one direct access to Finch, ,Avenue. The construction of auxiliary lanes on Finch Avenue, consisting, of an eastbound left-turn lane and a westbound right-turn lane. will, be required to service thè sl!bJect prqperty. The applicant will also be , "SERV1CE EXCELLENCÈ , ¡Uf'Pclfr,COMM,JJN1TY" * ,100% Post Consumer ATTACHMENT # ?" TO REPORT' PO '~f? ~ 0 .~ . ("N?~"'" CJ:.~"i~---:'- -:---fA "---C---_.~-'--~'~'- ii, _.,-' . ;9 ',' " -,~,' 0, /.5, wt.£ ',"4- ~/'C ',!?~~~~,~ t'(.I¿,~/!1~~~!?~ ' t?4<f/~~ o-rd,e~~'h~p.age?7 .' ,,' , ,~ ,-SZ2~ ,,/Iþ--¿ ~j¿'- G7t /?~,",,";.t,,~,;A'/' t-vti./4 required to satisfy th Region $ roa, wi ening rsquirem~n -WI' respec -~, ' , to the conveyance of 'road widen~ng across the Finch .Avenue frontage to provide for an 18.0 metre right-of-wa , orth of the centreline of Finch Avenue', -' '-" , ' Provincial Plan Review 'Responsibilities , , , ' , , This application has been screened in accordance with thE3 terms of the provincial plan rev¡ew'r~sponsibilities. The subject property abuts the - Rouge'-DuWns Wildlife'Corridor.. ~n Environmental Report submitted by theapplicant indicates that if the recommended mitigatiòn measures arè implemented the proposal will not impact the features àl!d functions' of the Corriqor. The Reporfs recommendations should be implemented to " protect the ecological function and natural features of this Corridor. ' " , A Pl)åse I Env,ironmental, Site Assessment was completed for the ,subject 'property.' It concluded that a subsurfé3.ce investigation is recommended, , to determine ,the presence or absence of contaminants on the site. No' further provincial interests appear to be affected by this próposal. If you have any questions or require additional' information, please call me. ' ,- , , Yours truly, ~& , Ray Davies, Planner, ' ',Current Operations Branch cc. Pete Castellan, Durham Region Works Department -" R:\training\rd~oning\plckering aj 1-02.doc .RECEIVED N OV 1 ,3 2002 . ¡ I ! ~-~"--..;. """\'~'---":i j" RMD WORKS DEPT The Regional Municipality Of Durham Works Department PO BOX 623 . 105 CONSUMERS DR, WHITBV ON L1N SA3 CANADA (905) 6S8.7721 ~ax: (905) 668.2051 E-Mail workstff!rej1ion,durham.ol'l.ca www.region,durham.on,!<a. J.t<. McCarlcell, P. Eng. ':ommissioner of Werles Fax:9056682051 Jun 262003 11:34 b TO ;;¡ 8 -03_- P.02 ATTACHMENT # REPORT # PO To: Ray Davies Pete Castellan Planning Department Development Approvals Division From: Date: November 8, 2002 Zoning By-Law Amendment Appliça.tion All/OR E eEl V E D GIMl Construction Co. Ltd. Part of Lot 30, Concession 2 550 Pinch Avenue City of Pickering OUf File No: RZ.16/021P Re: JUN 2 6 2003 CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT The Regional Works Department has reviewed the above mentioned site plan application and offers the following comments. The proposal submitted by the applicant is to rezone the subject property from "Low Density - Urban Residential" to a zoning which wì1l permit retail, convenience commercial and personal service use for the .1ands at the above noted address. Municipal water suppLy is available to the property from a 300 mm watermain on Finch Avenue. Sanitary sc::wer servicing is not immediately available; therefore the sanitary sewer must be extended from Seguin Square to the site at full expense to the applicant. As a condition of site pLan approval the owner will be required to pay a Water Main Frontage Charge of$l2~S73.9l (412.53' @ $30.48 per ft.) and the actual cost for the water service connections prior to issuance of building permits. The Transportation Division of the Works Department wishes to advise that the applicant will be permitted one direct access only to Dundas Street. We will require the construction of auxiliary lanes an Finch A venue, consisting of an eastbound left turn Jane and a westbound right turn lane, to service the subject property. The applicant will be required to submit a detailed geometric design drawing and cost estimate Llpon submission of a site plan. Furthennore~ the applicant will be required to satisfy our road widening requirements with respect to the conveyance of a road widenitîg across the Finch A venue frontage to provide for an 15.0 metre right-of-way north of the centerline of Finch Avenue. Please note that Regional Commercial Development Charge Levies witI apply at the building permit stage based on the gross floor area ofthe building being constructed. Subject to the above, the Region has no objeçtion to further proçeaSÎng of the aite plan application. We trust the above is satisfactory; nevertheless) should you require additional infonnation, please contact the undersigned. Yours truly, Pete astelLan Development Approvals Division ATTACHMENT # '7 TO REPORT # PO ~ .8 -0 .~. PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM May 27, 2003 To: Steve Gaunt Planner II From: Robert Starr Supervisor, Development Control Subject: Zoning By-law Amendment Application A 11/02 The Gimi Construction Company Ltd. 550 Finch Avenue Parts 1 and 3, 40R-10641 and Part 2, 40R-11450 Part of Lot 30, Concession 2 City of Pickering We have reviewed the above-noted application and provide the following comments: 1) A Stormwater Management Report will be required for this site and for external drainage areas to the north. This Report will need to detail quantity and quality requirements for this development. Initial details of the Finch Ave. storm sewer and outfall were developed as part of the approval process for Draft Plan SP 2001-02 (Rosebank Gardens, Rosebank Rd. and Finch Ave.). The installation of the Finch Ave. storm sewer and outfall may be a requirement prior to this development proceeding. An agreement will be required between the applicant and the City to determine cost sharing and/or cost recovery for these works. Easements may be required by the City for stormwater management purposes. 2) A sidewalk will be required on Finch Ave. fronting the site. This has been identified as a development charge project and cost recovery for this item will be addressed in an agreement with the City. 3) Fencing will be required between these lands and the Hydro Corridor. 4) A Sediment and Erosion Control Plan will be required for this site. 5) A Construction Management Plan will be required for this site and should address items as indicated on attachment. 6) Utility relocations and/or installations will be the applicant's responsibility. 7) A Soils Report is required for this site. It must also contain information on Finch Ave. if the storm sewer installation becomes part of this development. Zoning By-law Amendment Application A 11/02 The Gimi Construction Company Ltd. ATTACHMENT # 7 TO REPORT # PO ;;1. &" - 0 3 May 27, 2003 Page 2 8) City of Pickering has recently passed a Fill and Topsoil Disturbance By-law which restricts certain works on this site until agreements are in place or a Fill/Topsoil Permit has been issued. A copy of that By-law No. 6060/02 and Permit Application are provided with these comments and should be forwarded to the applicant. Robert Starr RS:bg J'\Oocum~.\O""oIopm~t C"',""",OBSrARR\ap~-'Glml C~b"ucUon Zoning Amendment.doc Attachment Copy: Coordinator, Development Approvals 2 ATTACHMENT' ~ ~---TO REPORT # PO ~ '2, OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION MEMORANDUM July 29, 2002 To: John McMullen Senior Planner - Site Planning From: Richard Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Site Plan Application S05/02 - WARD 1 Gimi Construction 550 Finch Avenue Part of Lot 30, Concession 2 City of Pickering The Municipal Property & Engineering Division is in receipt of the above noted site plan for the development of two commercial buildings. I provide the following comments. . This Division is requesting that the applicant consider re-Iocating the property entrance to the east end of the site where it can better serve the majority of the allocated parking spaces and also allow for a longer throat to accommodate additional vehicle stacking. . A sidewalk is required to be constructed across the Finch Avenue frontage of the property. . Details need to be provided with respect to the storm sewer outfall for the internal drainage system. RH:ds Copy: Director, Operations & Emerg I: \SITEP LAN\S05 -02. docAug -02 I' I AÃMS ATTACHMENT # c¡ TO REPORT # PO c5< g - ô .3 AiMS Consulting Environmental 1020 Denison Street Unit 111 Markham, Ontario L3R 3W5 Tel: (905) 474-0058 Fax: (905) 474-0601 web site: www.almsconsuiting.com April 15, 2003 Report No. AR134-03 Mr. Mitko Stankovski The Gimi Construction Company Ltd. 59 Beckenridge Drive Markham, Ontario L3S 2V4 Dear Mr. Stankovski i 1 ". } !\!1py", ii I Id U" ') " . " ¿Ot., , 1 "'- - 1/,,1 ¡ C¡ t'y OF P .. f -. PI "N. fCI" i~,~_,. EXECUTIVE SUMMARY Phase II Environmental Site Assessment 550 Finch Avenue Pickering, Ontario Weare pleased to present our report of a Phase II Environmental Site Assessment (ESA) of the above-referenced property. The work was authorized by Mr. Mitko Stankovski on April 2, 2003. It is understood that the subject property is contemplated for a commercial development and the Phase II ESA was required for site re-zoning purposes. The [IDdings presented in this report may be used for this purpose subject to the limitations mentioned herein. The subject 0.86-acre triangular-shaped property is presently vacant and covered with sparse vegetation. The site elevation varies throughout and is generally higher than the surrounding properties. The surrounding areas are partially developed with residential and institutional land uses including hydro corridor contiguous with the north property line. There are no gasoline service stations or industrial land uses in the vicinity. Historically, the site has remained undeveloped over the years. Approximately 40 truckloads of imported fill materials and topsoil from a construction site were reportedly placed on the site in 1986. Based on our review of a Phase I ESA Report prepared by Pinchin Environmental dated October 16, 2002, potential sources of subsurface contamination identified in association with the subject property included imported fill materials and topsoil of undetermined quality underlying the subject property. . ~ Prof~sjonal Engineers V' Ontano Authorized by the Association of Professional Engineers of Ontario to offer professional engineering services. I I I I I ATTACHMENT # "c¡ TO REPORT # PO ~ g- -03 . -~- -.-.. . Phase II Environmental Site Assessment 550 Finch Avenue. Pickerin2, Ontario ü Report No. AR134-03 April 2003 The aforementioned concerns were investigated in the course of our Phase II ESA, which entailed four sampled boreholes advanced to depths o~ 1.2 to 1.5 m below grade. The observed stratigraphy generally comprised surficial sod and fill materials overlying a major silty sand stratum. . Fill materials, which were encountered in all boreholes, comprised light brown silty sand to clayey silt with some gravel; topsoil pockets and scattered rootlets. No petroleum odours were observed in any of the boreholes, and no elevated concentrations of volatile hydrocarbons were measured upon screening the soil samples with a portable organic vapour monitor (OVM). Laboratory analyses on representative soil samples indicated that the reported contaminant concentrations in all soil samples analyzed complied with the Ministry of the Environment (MOE) Guideline for Use at Contaminated Sites in Ontario (updated 1998) criteria for commercial land uses. The numbers also met the Table F background criteria. Based on these [IDdings we conclude that no adverse subsurface impacts to the subject property have been identified in association with the aforementioned potential environmental concerns during our Phase II ESA. Therefore, in our opinion, the site is suitable for the proposed commercial uses, and no special provisions need to be made for soil disposal during the site grading and foundation excavations. We trust you will [md this report to be complete within our terms of reference. Should you have any questions regarding the information contained in the report, or require further assistance, please contact our office. Sincerely AiMS Consulting Environmental ~. ~ > \~~\y~. \V \j~ Mohamed M. Jagani, P.Eng., PE Project Manager A ~ftJl~ SID EW ALK MAP ATTACHMENT' /0 TO REPORT' PO ~ g-o3 City of Pickering Planning and Development Department ~ sidewalks ~ THIS MPf' WAS PRODUCED BYU TI£ CITY OF PICKERING Pf.ANNING AND DEVELOPMENT DEPARTMENr JUL Y 3, 2= RK-DURHAM -:-(0<:(1..0 ~ ATTACHMENT' REPORT' PO JOCELYN BARBER SUBDIVISION APPLICATION SP 2003-02 APPLICATION IN PROCESS 37 DWELLINGS ROSEBANK GARDEN HOMES INC. SUBDIVISION APPLICATION SP 2001-02 APPROVED 67 DWELLINGS Q~O ",,-< QO~ ~~\ CO I<: Z ~ w If) 0 0:: QO~ ~~\ CO ~~o ~æ5m~ ~ Planning & Development Department City of Pickering EXPECTED DEVELOPMENT IN FINCH/ROSEBANK AREA l' DATE JUNE 30, 2003