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HomeMy WebLinkAboutPD 08-04 02 Citlf 0# REPORT TO EXECUTIVE COMMITTEE Report Number: PD 08-04 Date: January 23, 2004 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 21/03 GTA Industrial Properties Inc. 940 Brock Road Part of Lot 19, Range 3 City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 21/03, be APPROVED AS REVISED, to permit additional industrial and commercial uses, except a truck depot and a waste management and transfer facility, within the existing one-storey building at 940 Brock Road, and to limit non-industrial uses to 25% of the building's floor area, on lands being Part of Lot 19, Range 3, City of Pickering, submitted by Bryce Jordan of Sernas Associates on behalf of Vern Chelin of GTA Industrial Properties Inc. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 21/03, as set out in draft in Appendix I to Report PD 08-04, be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to permit additional industrial and commercial uses within the existing building at 940 Brock Road. It is recommended that the requested rezoning be approved as revised, to limit non-industrial uses to 25% of the building's floor area instead of 50% as requested by the applicant, and to not include truck depot and waste management and transfer facility as permitted uses. The recommended zoning is compatible with surrounding land uses and conforms to the policies and objectives of the City's Official Plan. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Report PD 08-04 Date: January 23, 2004 03 Subject: GTA Industrial Properties Inc. (A 21/03) Page 2 Background: 1.0 Application The subject property is designated as Employment Area - General Employment in the City's Official Plan, and is currently zoned "M2" - Industrial Zone by By-law 2511. This zoning is relatively restrictive and provides for a limited range of uses. Additionally, the current zoning does not implement the City's Official Plan policies for "General Employment" area designations. Consequently, the existing building has experienced varying degrees of vacancies over the years, and the owners have reason to expect increased vacancies in the near future. The applicant proposes to amend the zoning on the lands to permit additional industrial and commercial uses within the existing building at 940 Brock Road (see Attachment #1 - Location Map, and Attachment #2 - Site Plan), thus increasing the building's marketability. The table below outlines uses permitted by existing zoning, and new uses requested by the applicant. club; commercial club; commercial-recreational establishment; commercial school; dry cleaning depot; food preparation plant; merchandise service shop; personal service shop; place of amusement or entertainment; place of assembly; place of worship; rental establishment; restaurant; sales outlet; scientific, medical or research laboratory; truck depot; vehicle repair shop; vehicle sales and rental establishment; waste mana ement and transfer facilit . * applicant's complete list of requested uses are a combination of all the uses listed under the headin s of ermitled uses and ro osed uses. * sales outlet (proposed use) - a maximum of 25% of the Gross Leasable Floor Area (GLFA) of a permissible industrial operation, and/or a maximum of 40% of the GFLA of a permissible industrial operation provided that no more than 25% of the GFLA of the building constitutes sales outlets. * proposed non-industrial uses shall not exceed 50% of the GLFA of the building. bakery or dairy; business offices; creamery; dry cleaning, pressing, laundry establishment; garage; light manufacturing plant; manufacturing plant; open air markets; printing establishment or duplicating shop; professional offices; public parking lots; service or repair shop; transport terminal for the loading and unloading of transport vehicles; and warehouse or distributing depot. 2.0 Comments Received 2.1 At the November 20, 2003 Information Meeting As no one other than Planning staff and the applicant were present at the Public Information Meeting, no discussion regarding the application took place (see text of Information Report and Meeting Minutes, Attachments #3 and #4). 04 Report PD 08-04 Date: January 23, 2004 Subject: GTA Industrial Properties Inc. (A 21/03) Page 3 2.2 Letter of Objection On the day of the Public Information Meeting, a letter of objection (see Attachment #5) was submitted by T. W. Bermingham of Blake, Cassels & Graydon LLP, on behalf of CREIT Management Limited who are the owners of 925 Brock Road and 1100 Squires Beach Road. Mr. Bermingham disagrees that the proposed uses as set out in the Information Report conform to the applicable Official Plan policies and states that these changes can only be introduced through an Official Plan Amendment. 2.3 Agencies and City Departments Veridian Connections - no objections; Municipal Property & Engineering Division - no concerns; Region of Durham Planning Department - no concerns with proposed rezoning; subject property is connected to full municipal services; information will be required respecting anticipated sewage flow design and type of effluent anticipated; review by Wet Screening Committee may be necessary depending on information provided by applicant; upon submission of a site plan application, the Region may require a road widening along the frontage andlor road improvements to Brock Road; no provincial interests are affected (see Attachment #6). 3.0 Discussion 3.1 Requested Uses Conform to Employment Designations within the Pickering Official Plan The Pickering Official Plan permits a broader range of uses within its Employment Area designations than did the former Pickering District Plan. A table has been prepared by staff entitled "Proposed Uses and Provisions Related to the Pickering Official Plan Employment Policies" (see Attachment #7) to provide a framework for establishing appropriate uses, provisions and restrictions within the implementing zoning by-law for this and future applications. This table has been used previously by the Planning & Development Department and Council as a guide for the evaluation of planning applications over the past few years. This change recognizes the evolving nature of employment activities, which over the past decades have shifted from primarily land-consumptive manufacturing operations, to smaller service-type businesses. The requested additional industrial and commercial uses conform to, and are compatible with, the designation and policies of the Official Plan. Report PD 08-04 Date: January 23, 2004 05 Subject: GTA Industrial Properties Inc. (A 21/03) Page 4 3.2 Recommended Uses Attachment #7 "Proposed Uses and Provisions Related to the Pickering Official Plan Employment Policies", lists the permissible uses on lands designated General Employment, Prestige Employment and Mixed Employment by the Official Plan. The table also identifies a general list of uses that may be considered for inclusion within zoning by-laws for each Official Plan category, as well as typical performance standards for the uses. The table is an implementation framework for uses, provisions and restrictions for the employment area designations prepared by Planning & Development staff to provide guidelines for reviewing rezoning applications. With respect to the subject property, which is designated General Employment, the staff recommended implementing by-law (see Appendix I to Report PD 08-04), proposes to accommodate existing uses and add new uses, as follows: Uses Currently Permitted and to Remain Proposed Additional Uses club* commercial club* commercial-recreational establishment commerciat school d cleanin de ot food preparation plant manufacturin lant merchandise service sho ersonal service sho lace of amusement or entertainment lace of assembl place of worship rental establishment restaurant - teA sales outlet scientific, laborato vehicle re air sho vehicle sales and rental establishment * the definitions were revised a few years ago to remove the words 'social club' to avoid the establishment of an 'after hours dance club'. medical or research 06 Report PD 08-04 Date: January 23, 2004 Subject: GTA Industrial Properties Inc. (A 21/03) Page 5 The current 'M2' zoning permits certain uses that are either dated, not appropriate within the area, are redundant andlor have been replaced with more current definitions. In this regard, the staff recommended implementing by-law removes permission for the following uses: . creamery . dairy . garage . open air markets . public parking lots . service or repair shop . transport terminal Further, staff recommends that the requested uses of a 'truck depot' and a 'waste management and transfer facility' not be permitted. The subject property does not provide sufficient area for truck movement, associated parking and the requested uses conflict with other land uses. 3.3 Recommended Provisions and Restrictions The implementation framework also addresses a general approach for certain restrictions that would apply to uses permitted within the General, Prestige and Mixed Employment designations. For General Employment, the restrictions are as follows: . permissible uses intended to serve the surrounding employment area would be restricted by a maximum unit size (restaurants and personal service shops will be restricted to a maximum unit size of 325 square metres, and to a maximum gross leasable floor area for each of these uses of 325 square metres); . within each designation, 'sales outlets' are permitted only if accessory to certain employment area uses (a bakery, a food preparation plant, a light manufacturing or manufacturing plant, a merchandise service shop, a printing establishment, or a warehouse); . the gross leasable floor area (GLFA) of a sales outlet shall not exceed 25% of the GLFA of the associated employment use; however, the GLFA of a sales outlet may increase to 40% of the GLFA of the associated employment use providing the GLFA of all sales outlets in the building does not exceed 25% of the GLFA of the building; . restrictions are placed on the maximum aggregate GLFA for non-traditional employment uses within a building andlor upon a property; the standard restrictions for non-industrial space are a maximum of 50% for General Employment; the maximums may be further restricted due to parking limitations; and . outdoor storage will primarily be restricted to General Employment designations; however, this may be further restricted depending on the character of the existing development and its surroundings. Report PD 08-04 Date: January 23, 2004 07 Subject: GTA Industrial Properties Inc. (A 21/03) Page 6 3.4 Restrictions on Non-Industrial Uses and Outdoor Storage Staff reviewed on-site parking availability and supply, having regard to the City's Off-Street Parking Study. As a result of this review, staff came to the conclusion that insufficient parking supply was available to support the applicant's request for permission of 50% non-industrial uses within the building. The parking review revealed that staff can only support 25% non-industrial uses. In addition, outdoor storage will not be permitted given that virtually all land is currently dedicated for buildings, required parking, and landscaping. A draft amending by-law for the lands has been prepared. It is attached as Appendix I to this Report. The proposed additional industrial and commercial uses implement the City's Official Plan employment area designation policies, which provides for a greater range of uses on the subject property. Accordingly, staff recommends that Council approve Zoning By-law Amendment Application A21/03, and that the draft by-law be forwarded to City Council for enactment. 3.5 Subject Property Boundary Change and Site Plan Application Since the Public Information Meeting on November 20, 2003, the owners of the subject property acquired the property immediately to the north from the City (legal description: Part of Lot 19, Range 3, B.F.C., Parts 2 to 5, 40R15930) for a future expansion to the existing one-storey building (see Attachment #8 - Subject Property Boundary Change Map). On December 12,2003, the applicant submitted Site Plan Application S 6/78 (R03), for an approximate 1830 square metre addition to the existing one-storey building. Planning & Development staff will address detailed site functioning and design matters through the site plan review process. 4.0 Applicant's Comments The applicant is aware of the contents of this report and has reviewed the draft by-law. 08 Report PD 08-04 Date: January 23, 2004 Subject: GTA Industrial Properties Inc. (A 21/03) Page 7 Appendix: Draft Zoning By-law Attachments: 1. Location Map 2. Site Plan 3. Information Report 4. Minutes from Public Information Meeting 5. Letter of Objection 6. Region of Durham Planning Department Comments 7. Proposed Uses and Provisions Related to the Pickering Official Plan Employment Policies Table 8. Subject Property Boundary Change Map Prepared By: Approved I Endorsed By: ",/ Prepared By: ~t:~ - Lynda Tayl ,MCIP, RPP Manager, evelopment Review PK:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City cil ,,<, DRAFT BY -LAW APPENDIX I TO REPORT NUMBER PD 08-04 ZONING BY-LAW AMENDMENT APPLICATION A 21/03 09 10 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, Region of Durham, Part of Lot 19, Range 3, City of Pickering. (A 21/03) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit additional industrial and commercial uses within the existing building on the subject lands, being Part of Lot 19, Range 3, City of Pickering; AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. 2. 3, 4. SCHEDULEr Schedule I attached hereto with notations and references shown thereon is 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 19, Range 3, City of Pickering, designated "MC-18" 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 ) "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; (2) "Business Office" shall mean any building or part of a building in which one or more persons are employed in the management, direction or conducting of an agency, business, brokerage, labour or fraternal organization and shall include a telegraph office, newspaper plant and a radio or television broadcasting station and its studios or theatres, but shall not include a retail store; (3) "Club" shall mean a building or part of a building in which a not-for-profit or non-commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community; (4) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour as defined herein; (5) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities are provided, and which may include an athletic or recreational club, but shall not include any uses permissible within a place of amusement or entertainment as defined herein; -2- fA¡:r 11. (6) "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, an art school, a golf school or any other school operated for gain or profit; (7) "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 such processes; (8) "Dry Cleaninq Establishment" shall mean a building or part of a building where articles, goods or fabric are subjected to dry cleaning and related processes, are received or distributed, or where a dry cleaning plant is operated, or both, and which may include the laundering, pressing or incidental tailoring or repair of articles, goods or fabric; (9) "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets; (10) "Gross Leasable Floor Area" shall mean the aggregate 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; (11 ) "Liqht Manufacturinq Plant" shall mean a manufacturing plant used for: the production of apparel and finished textile products other than the production of synthetic fibers; printing or duplicating; the manufacture of finished paper other than the processing of wood pulp; the production of cosmetics, drugs and other pharmaceutical supplies; or, the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; (12) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontaqe" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (13) "Manufacturinq Plant" shall mean a building or part of a building in which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, repairing, ornamenting, finishing, cleaning, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article; (14) "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant or any establishment used for the service or repair of vehicles or a retail store; 12 - 3 - DRAFT (15) "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 body-rub parlour as defined in section 224(9)(b) of the Municipal Act, RS,O. 1990, as amended from time-to-time, or any successor thereto; (16) "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, a theatre, but shall not include 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 in the Municipal Act, RS.O, 1990, as amended from time-to-time, or any successor thereto; (17) "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment as defined herein; (18) "Place of Worship" shall mean a building or part of a building dedicated to religious worship and may include a church, synagogue, temple or assembly hall along with accessory office space and nursery facilities, but shall not include a day nursery, day care centre or nursery school; (19) "Printinq Establishment" shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting; (20) "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 by the Municipal Act, RS.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; (21 ) "Rental Establishment" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are offered or kept for offer for rent directly to the public, but does not include the rental of motor vehicles, and does not include a video store; (22) "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; (23) "Sales Outlet" shall mean a building or part of a building accessory to a bakery, a food preparation plant, a light manufacturing plant, a manufacturing plant, a merchandise service shop, a printing establishment, or a warehouse, wherein' products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products; (24) "Scientific, Medical or Research Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, or where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; - 4- ØIAFT (25) 13 "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed, but shall not include a body shop or any establishment engaged in the retail sale of motor vehicle fuels; (26) "Vehicle Sales or Rental Establishment" shall mean an establishment used for the sale, service, rent or lease of vehicles and which may include as an accessory use thereto a vehicle repair shop, but shall not include any establishment engaged in the retail sale of motor vehicle fuels; (27) "Warehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; and (28) "Waste Transfer and Manaqement Facility" shall mean a building or part of a building which is used primarily for the storage, handling or processing of household, institutional, commercial or industrial waste; (29) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankaqe Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankaqe Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; and 0) "Interior Side Yard" shall mean a side yard other than a flankage side yard, 14 5, PROVISIONS (1 ) (2) (d) (e) (f) - 5 - ,... ?" ,;," Uses Permitted ("MC-18" Zone) No person shall within the lands designated "MC-18" on Schedule I attached 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) U) (k) (I) (m) (n) (0) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) bakery; business office; club; commercial club; commercial-recreational establishment; commercial school; dry cleaning depot; dry cleaning establishment; food preparation plant; light manufacturing plant; manufacturing plant; merchandise service shop; personal service shop; place of assembly; place of amusement or entertainment; place of worship; printing establishment; professional office; rental establishment; restaurant - Type A; sales outlet; scientific, medical or research laboratory; vehicle repair shop; vehicle sales or rental establishment; warehouse; Zone Requirements ("MC-18" Zone) No person shall within the lands designated "MC-18" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) OUTDOOR STORAGE: A Open storage shall not be permitted; (b) FRONT YARD DEPTH REQUIREMENTS (minimum): 15 metres (c) INTERIOR SIDE YARD WIDTH REQUIREMENTS (minimum): 7.5 metres FLANKAGE SIDE YARD WIDTH REQUIREMENTS (minimum): 15 metres REAR YARD DEPTH REQUIREMENTS (minimum): 7,5 metres PARKING REQUIREMENTS (minimum): A 140 spaces - 6 - 15 B Sections 5.21.2 (a) and (b) of By-law 2511 shall not apply; C Notwithstanding section 5,21,2 (g) of By-law 2511, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; (g) BUILDING SIZE (maximum aggregate, all buildings on the lands): 6750 square metres (h) BUILDING HEIGHT (maximum): 12 metres (i) SPECIAL REGULATIONS: A A sales outlet, accessory to a permitted industrial operation, shall only be permitted provided the gross leasable area of the sales outlet does not exceed 25% of the gross leasable floor area of the related industrial operation; B Notwithstanding Clause A above, a sales outlet may exceed 25% up to a maximum of 40% of the gross leasable floor area of the related industrial operation, provided the aggregate gross leasable floor area of all sales outlets in a building does not exceed 25% of the total gross leasable floor area in that building; C The aggregate gross leasable floor area of all clubs, commercial clubs, commercial schoois, commercial-recreational establishments, dry cleaning depots, personal service shops, places of assembly, places of amusement or entertainment, places of worship, and restaurants - type A on the lots shall not exceed 25% of the gross leasable floor area of all buildings on the lot; D The maximum gross leasable floor area for any personal service shop, or restaurant - Type A shall be 325 square metres; E The maximum aggregate gross leasable floor area shall be: (i) for all personal service shops on the lands: 325 square metres (ii) for all restaurants - Type A on the lands: metres 325 square F Notwithstanding any other provision in this By-law, a waste transfer and management facility shall not be permitted on lands designated "MC-18" on Schedule I attached hereto; 16 - 7 - :"'AFT 6, BY-LAW 2511 By-law 2511 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, 7. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof. BY-LAW read a first, second and third time and finally passed this ,2004, day of David Ryan, Mayor f ~ Bruce Taylor, Clerk ..-"- -- ---..-"- \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ -- \ ------ \ ..-..-"- \ ..---..- \ --..--- \ ..-..-"- r"--- \ \ \ \ \ \ \ l' N SCHEDULE I TO BY-LAW --ftftll" " ",F: T PASSED THIS - 1#I(I1II DAY OF 2004 MAYOR oø.f1 CLERK ~ 0 9- 17 )J 0 ~ 18 ATTACHMENT' J TO REPORT' PD D f) - () I.f BAYLY STREET BAYLY STREET 0::: 0 0 0 « 0 0::: <xx SUBJECT PROPERTY " 0 « 0 0::: 0::: 0 () Ii Z U QUIGLEY STREET :::; « I " z :J ....J ë5 " :.:: 0 0 0::: m CLEMENTS ROAD City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 19, RANGE 3 APPLICATION No. A 21/03 DATE OCT 21,2003 SCALE 1 :5000 DRAWN BY JB CHECKED BY PK l' OWNER GTA INDUSTRIAL PROPERTIES LTD. FOR DEPARTMENT USE ONLY PN-4 PA- ATTACHMENT , ~ TO REPORT I PO () f{ - 0 Lf .19 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 21/03 . GTA INDUSTRIAL PROPERTIES INC. 1 srò.EY ŠUILDINO I V 0 <t: 0 a::: ~ () 0 a::: CO -~ LUlLLllW ( I ~ .-' , . i.: ~/ QU IGLEY STREET $ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, JAN. 5. 2003, 20 ATTACHMENT # 3 TO REPORT # PO 0 g -ù y- Ciú¡ ()~ INFORMATION REPORT NO. 22-03 FOR PUBLIC INFORMATION MEETING OF November 20, 2003 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 21/03 GTA Industrial Properties Inc. 940 B rock Road Part of Lot 19, Range 3 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION 2.0 3.0 3.1 - the subject property is located on the north-west corner of Brock Road and Quigley Street (see Attachment #1 - Location Map); - the subject property currently supports an existing single storey building; - the surrounding land uses are primarily industrial and commercial. APPLICANTS PROPOSAL - the applicant proposes to amend the existing zoning on the subject lands to permit additional industrial and commercial uses within the existing building; no development is proposed at this time. OFFICIAL PLAN AND ZONING Durham Reaional Official Plan - the Durham Regional Official Plan identifies the subject lands as being within a Employment Area designation; - this designation permits manufacturing, assembly and processing of goods, service industries, research and development facilities, warehousing, business parks, limited personal service uses, hotels, storage of goods and materials, retail warehouses, freight transfer and transportation facilities; - the applicant's proposal appears to comply with this designation; ATTACHMWT #, 3. ,TC RHvir, # PD.-'2i~_--n_., Information Report No. 22-03 Page 2 21 3.2 3.3 PickerinQ Official Plan the subject property is designated Employment Area - General Employment within the Brock Industrial Neighbourhood; employment areas are areas with significant concentrations of manufacturing, assembly, warehousing andlor related employment opportunities; employment areas are classified according to their mix of uses, their operational characteristics, their design, and their performance requirements; permissible uses within Employment Areas - General Employment are manufacturing, assembly, processing of goods, service industries, research and development facilities, warehousing, storage of goods and materials, waste transfer and recycling, waste processing, freight transfer, transfer facilities, automotive and vehicle sales and repair; offices as a minor component of an industrial operation or serving the area, limited personal service uses and restaurants serving the area, retail sales as a minor component of an industrial operation; community, cultural and recreational uses, and other uses with similar performance characteristics that are more appropriately located in an employment area; Schedule II of the Pickering Official Plan - "Transportation System" designates Brock Road as a Type C Arterial Road and Quigley Street as a Local Road; the applicant's proposal appears to comply with the Employment Area - General Employment designation of the City's Official Plan; ZoninQ By-law 3036 the subject property is currently zoned "M2" - Industrial Zone by By-law 2511; the following table identifies the current uses permitted, and the applicant's proposed uses as per the Employment Area - General Employment designation of the City's Official Plan: Permitted Uses bakery or dairy; business offices; creamery; dry cleaning, pressing, laundry establishment; garage; light manufacturing plant; manufacturing plant; open air markets; printing establishment or duplicating shop; professional offices; public parking lots; service or repair shop; transport terminal for the loading and unloading of transport vehicles; and warehouse or distributing depot. Pro osed Uses club; commercial club; commercial-recreational establishment; commercial school; dry cleaning depot; food preparation plant; merchandise service shop; personal service shop; place of amusement or entertainment; place of assembly; place of worship; rental establishment; restaurant; sales outlet; scientific, medical or research laboratory; truck depot; vehicle repair shop; vehicle sales and rental establishment; waste mana ement and transfer facilit . * applicant's complete list of requested uses are a combination of all the uses listed under the headin s of ermitted uses and proposed uses. . * sales outlet (proposed use) - a maximum of up to 25% of the Gross Leasable Floor Area (GLFA) of a permissible industrial operation, and up to a maximum of 40% of the GFLA of a permissible industrial 0 eration rovided that no more than 25% of the GFLA of the buildin constitutes sales outlets. * proposed non-industrial uses shall not exceed 50% of the Gross Leasable Floor Area of the buildin . 22 Information Report No. 22-03 ATTACHMENT' 3 TO REPOR11 PO () g - 0 '-f Page 3 4.0 4.1 4.2 4.3 5.0 a zoning by-law amendment is required in order to evaluate the appropriateness of the requested uses and to subsequently permit these additional industrial and commercial uses within the existing building. RESULTS OF CIRCULATION Resident Comments no resident comments have been received to date; AQencv Comments no agency comments have been received to date; Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: . ensuring that the proposal is compatible with, and sensitive to, surrounding existing industrial and commercial development; . the compatibility of the proposed uses within the existing built form; . updating the definitions of the permitted and proposed uses in the zoning by-law; . site function; . examining traffic generation and on site parking availability - specifically addressing concerns regarding the existing industrial parking ratio and available parking spaces on site in relation to some of the proposed industrial and commercial uses, which may generate a higher traffic volume and parking requirement; . landscaping; and . full scale copies of the applicant's submitted plan have not been received and will be required for review prior to a recommendation report being forwarded to Council. 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. Information Report No. 22-03 ATTACHMEf\lT #__:2- .TO FiF' urn # PD,_~._,..__. Page 4 23 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 - the applicant's zoning by-law amendment application form and associated letter are available for viewing at the offices of the City of Pickering Planning & Development Department; 6.3 Property Principal - The principal of GTA Industrial Properties Inc. is Vern Chelin and Bryce Jordan of Sernas Associates is the agent working on behalf of GTA Industrial Properties Inc. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Perry Korouyenis Planner I Lynda Taylor, MCIP, RPP Manager, Development Review PK:ld Attachments Copy: Director, Planning & Development 24 Jt :3 "'...-:~,-,-~...- TO ',. ,,: {¡ PO ~.Q..§. -0 <...¡. --'--f"~-"-,,~ APPENDIX NO. I TO INFORMATION REPORT NO. 22-03 COMMENTING RESIDENTS AND LANDOWNERS (1 ) none received to date; COMMENTING AGENCIES (1 ) none received to date; COMMENTING CITY DEPARTMENTS (1 ) Planning & Development Department. If fib ..111 ¡ 1/ r-u--.!2 õ> - q:t.--- Excerpts from Statutory Public Information Meeting Thursday, November 20, 2003 7:00 P.M. 25 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 21/03 GT A INDUSTRIAL PROPERTIES INC. 940 BROCK ROAD PART OF LOT 19, RANGE 3 1. Lynda Taylor, Manager - Development Review, provided an explanation of the application, as outlined in Information Report #22-03. 2. No comments from the applicant. 3. No comments from those having an interest in the application. "-', .v, .vvv '.'VV"" .--- ."vvvv.vvv 26 BLAKE,CASSELS &: GRAYDON LLP BARRISTERS & SOLICITORS I PATENT' TRADE"MARK AGUng hti' vf\! it r'i...' .5 o~'oY.. Box 25, Co1:!:11nert:e Court Weat 199 Bay Street Torontr:l, Ontario, Canada MSL IA9 November 20,2003 Deliveries: 28th Floor Talepholle: 416,863,2400 Facsimile: 416,863.2653 www.blakes,com VIA FACSIMILE T. W. Bermingham PlU'tt!er Direct Di~: 416.863,2946 E-mail: twb@blakes.eom City of Pickering Planning & Development Department 1 The Esplanade Pickering, Ontario LIV 6K7 Attention: Perry Korouyenis Dear Mr. Korouyenis: Re: Re: Re: Zoning By-law Amendment Application A21103 GTA Industrial Ptoperties.!nc. 940 Brock Road, Part of Lot 19, Range 3, City of Pickering and Re: Re: Re: Zoning By-law Amendment AppUcatlon A22/03 Presidential Management and Development Corp. 813.821 Broc:kRoad, Part of Lot 18, Range:3 D.F.C., City of Pickering Re: Public Meeting November 20, 2003 Received, with thanks, Infozmation Reports Nos. 21/03 and 22-03 regarding this application which is scheduled to be heard at a public meeting on November 20,2003. We act for CREIT Management Limited which Owns the lands municipally known as 925 Brock Road and the lands municipally known as 1100 Squires Beach Road. Our client believes that it is of great importance to maintain the integrity of the employment area as a general employment designation and the integrity of the M2 zoning. The viability of sites for industrial use will suffer as non-residential and commercial uses arc: introduced into the area. We respectfully disagree that the addition of the proposed uses set out in the Infonnation Report conforms to the applicable Official Plan policies. We do not believe that these changes could be introduced without an Official Plan amendment. 21214476.1 Monlréal Ottawa Toronto Calgary Vancouver l.Ðndon Boijing JlV,. ~u, éUUJ lL.JJlm cnvm 1~¡UUUJLUJJ lìU, U J IJj !. J BLAKE,CASSELS & GRAYDON LLP ATTACHrfoErH # 5 TO REi.,Æn /i PD. () ~ -P-'i-, ?7 '" BARRISTERS & SOLICITOR! I PATENT & TUDE-MARK AGENTS Page 2 Specifically: (a) a number of the proposed uses are either not contemplated at all in the Employment Area (such as, for example, commercial clubs, commercial-recreational establislunents and places of amusement or entertainment and place of assembly); (b) there axe no provisions to implement the requirement of the Official Plan that requires service and restaurants to be limited to service of the area; (c) the proposal to allow up to 50% of the GLFA ora building to be used for non- industrial proposed uses (other than sales outlets) disregards and contradicts the specific protections in the Employment Area policies restricting non industrial uses; and (d) the proposal to pennit sales outlets appears to allow sales outlets that are not minor components of an industrial operation and instead merely limits them by size (wbich goes beyond and contradicts the Official Plan.) We respectfully request that the application be refused. We would appreciate receiving a copy of the Committee's decision and. by copy of this letter to the City Cle~ we hereby request notice of any further public meetings and a copy of any decisions arising ftom the consideration of this application by Council or its Committees. Yours very truly, T. W. Benningham TWB/l11g c: Clerk, City of Pickering Linda Taylor, MCIP, RPP, M'ønagcr, Development R.eview Neil Carroll. Diredor, Planning &: Development CREIT Management Limited OrA Indllitrial Praperrica Inc. 21214476.1 The Regional Municipality of Durham ' Planning Department 1615 DUNDAS ST. E, 4TH FLOOR, LANG TOWER WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-728-7731 Fax: 905-436-6612 Email: planning@ region,durham,on,ca 'vw")I.region,durham,on.ca A.L. Georgieff, MCIP, RPP 'Commissioner,of Planning' "Se, e Excellence ~ Communities" RECEIVED December 10, 2003. 0, ,- t' ",." "",' "',ooq ! tL. [ /.. L OJ .'T1ß.CHMErn # {:., TO vr;! t' PO ..J2K~ 0 L___- CiTY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Perry Korouyenis, Planner I Planning & Development Department One the Esplanade . Pickering, Ontario L 1V 6K7 Dear Mr. Korouyenis: Re: Zoning Amendment Application A 21/03 Applicant: Sernas Associates on behalf of GT A Industrial Properties Inc, ' Location: Part of Lot 19, Broken Front Concession Municipality: City of Pickering We have reviewed this application and the following comments are offered with respect to the Durham Regional Official Plan, the proposed method of servicing, and the delegated provincial plan review responsibilities. The application proposes to rezone the subject property to permit additional industrial and commercial uses, Durham Regional Official Plan The subject lands are designated "Employment Area" in the Durham Regional Official Plan. Manufacturing, assembly and processing of goods, service industries, research and development facilities,' warehousing, business parks, limited personal service uses, hotels, storage of goods and materials, retail warehouses, freight transfer, and transportation facil!ties are permitted within this designation. Municipal Servicing The subject property is connected to full municipal services. The proposed uses for the site are required to anticipate water consumption design calculations, anticipated sewage flow design calculations, and the types of industrial and/or commercial effluent anticipated. This information is needed to determine the potential effects upon the Regional Water Supply and Wastewater Treatment facilities. Depending upon the data received, it may be necessary forthis application to be reviewed by the Wet Screening Committee. @ 100% Post Consumer '(" ,TO ATTACHMEN1 #,- ð - Lf REHJRl # PO ,() 0 Page 2 . Transportation, Upon submission ora site plan application, the Region may require.a road widening along the frontage and/or road improvements to Brock Road. In addition, any existing or proposed access location will be . . reviewed for operational concerns with respect totraffic I,TIDvements. Provincial Plan Review Responsibilities The application has been scTeened in accordance with the provincial plan review responsibilities. No provincial interests are affected by the proposal. ' ' . If you have any questions or require additional information, please call me. ' Yours truly, //7~ .7 " ~(/h . Ray Davies, Planner, Current Operations Branch cc. Rob Roy, Durham Region Works Department A:ltraininglrdlzonlnglpickering a21-03.doc .', 29 30 0 D. I ILl I-- ATTACHMEkq' # ~ TO REPORT ~ PD 0 ~' O ~c , ~ ~ BAYLY STREET BAYLY STREET © C3 ' © ~ ORANCEBROOK O o~ r'~ QUIGLEY STREET © -- ~ m ~ x CLEMENTS City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 19, RANGE 3 OWNER GTA INDUSTRIAL PROPERTIES LTD. DATE OCT 21, 2004 DRAWN BY JB '"'/\ FILE No. A 21/03 SCALE 1:5000 CHECKED BY PK FOR DEPARTMENT USE ONLY PN-4 PA-