HomeMy WebLinkAboutPD 17-07
Citlf 0#
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PD 17-07
Date: June 4, 2007
('17
From: Neil Carroll
Director, Planning & Development
SUBJECT: Zoning By-law Amendment Application A 8/06
Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc.,
and The Regional Municipality of Durham
Part of Lot 24, Concession 1
(40R-16455, Parts 1 & 5, 40R-12678, Parts 1 & 2, 40R-12678,
Parts 6 to 9, & 40R-12678, Part of Part 4 and Part 5 & 40R-22390, Part 1)
(1097,1099,1101, 1101A, & 1103 Kingston Road)
City of Pickering
Recommendation:
1. That Report PD 17-07 of the Director, Planning & Development, regarding
Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality
of Durham Zoning By-law Amendment Application A 8/06 be received;
2. That Zoning By-law Amendment Application A 8/06 submitted by Nerotal Ltd.,
Emix Ltd., Lakeridge Properties Inc., and The Regional Municipality of Durham,
on lands being Part of Lot 24, Concession 1 (40R-16455, Parts 1 & 5,
40R-12678, Parts 1 & 2, 40R-12678, Parts 6 to 9, & 40R-12678, Part of Part 4
and Part 5 & 40R-22390, Part 1) (1097,1099, 1101, 1101A, & 1103 Kingston
Road), City of Pickering, to amend the zoning to permit a broader list of
commercial uses, including a variety of retail, personal service shop, office and
restaurant uses on the subject properties, be approved subject to the conditions
outlined in Appendix I to Report PD 17-07, and
3. Further, that the zoning by-law to implement Zoning By-law Amendment
Application A 8/06, as set out in Appendix II to Report PD 17..07, be forwarded to
City Council for enactment.
Executive Summary: The applicants propose to rezone the subject properties, that
currently support three commercial buildings and two vacant parcels, to permit a broader
list of commercial uses, including a variety of retail, personal service shops, office and
restaurant uses. The subject application is similar to the application on the properties to
the east being the Brookdale Centre Inc. lands that is subject to Report PD 18-07 for a
similar list of permitted uses. The owners wish to ensure that the subject properties
have a coordinated permitted uses and leasing opportunities.
Report PO 17-07
Date: June 4, 2007
Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc.,
and The Regional Municipality of Durham (A 8/06)
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Page 2
The applicants have also requested through this rezoning application, that the road
pattern of the Town Centre West Development Guidelines (TCWDG) be revised to delete
Street 'A', as a public street through the centre of subject properties and permit this section of
road to function as a private main aisle (see Attachment #3).
The applicants do not propose any changes to the existing buildings or sites. The
recommended uses are compatible and appropriate for the subject lands and conform
to the Pickering Official Plan. The proposed zoning to permit a full range of retail, office
and personal services uses will create a more dynamic commercial environment that
will be more attractive to pedestrian traffic. The new uses will also promote opportunity
for a more intensive use of the land, which will result in better utilization of the land and
greater opportunity to achieve the floor space index goals of the Official Plan.
Street 'A', whether a public road or a private main traffic aisle, will function as part of the
overall transportation network to move traffic effectively through the Town Centre West
area.
It is recommended that this application be approved, and the draft by-law be forwarded
to City Council for enactment.
Financial Implications: No direct costs to the City are anticipated as a result of the
approval of the zoning for the additional commercial uses on the subject properties.
Sustainability Implications: This development proposal is an infill project that
provides for commercial intensification, makes efficient use of existing buildings and
vacant lands, and takes advantage of existing infrastructure within the City's urban area.
The site is located on a designated transit spine. The proposal generally represents a
sustainable approach for the development of the subject lands.
Background:
1.0 Introduction
The applicants have submitted an application to amend the zoning by-law in order
to permit additional commercial uses, revise the uses currently permitted, and
remove the existing gross leasable floor area limitations and restrictions for the
subject properties (see Location Map, Attachment #1). The subject lands are
composed of five separate properties of which three contain existing buildings
(see Attachment #2 - air photo of property layout).
Report PO 17-07
Date: June 4, 2007
Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc.,
and The Regional Municipality of Durham (A 8/06)
Page 3
The requested uses include:
. assembly hall
· business office
· commercial-recreational establishment
. commercial club
· commercial school
. day nursery
· discount department store
. drug store
. dry cleaning depot
. duplicating shop
. financial institution
· furniture & major appliance store
· general merchandise store
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· grocery store
· home improvement centre with
accessory garden centre
· outdoor storage, display and sale of
retail and garden centre products
· personal service shops
· professional office
. place of amusemenVentertainment
. restaurant - Type A
. restaurant - Type F
. retail store
. service store
. video store
The applicants have also requested through this rezoning application, that the
road pattern of the TCWDG be revised to delete Street 'A', as a public street through
the centre of subject properties and permit this section of road to function as a private
main aisle (see Attachment #3 - Development Guidelines Proposed Road Network
and Attachment #4 - Development Guidelines Land Use Plan).
2.0 Comments Received
2.1 At the October 19, 2006 Public Information Meeting
No public comments were received at the Public Information meeting (see text of
Information Report and Meeting Minutes, Attachments #6 & #7).
2.2 Agency Comments
Toronto and Region
Conservation Authority
- TRCA advised the subject properties are not
located within TRCA regulated area, therefore
they have no objection to the application;
- TRCA does suggest that a comprehensive storm
water management strategy for the area be
completed (see Attachment #8);
Report PO 17-07
Date: June 4, 2007
Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc.,
'\ /and The Regional Municipality of Durham (A 8/06)
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Page 4
Region of Durham
- the proposal is permitted by the policies of the
Durham Region Official Plan;
municipal water supply and sanitary sewer
services are available to the subject property;
- transportation and access requirements will be
concluded during site plan approval process;
- the applications have been screened in
accordance with Provincial Interests and
Delegated Review (see Attachment #9);
No other agency that provided any comments has any objection to the subject
applications. Certain technical issues and requirements related to the proposed
use of the site can be addressed through the site plan process, if this application
is approved.
3.0 Discussion
3.1 Broad Range of Commercial Uses Compliments the Official Plan
The subject property is designated Mixed Use Area - Mixed Corridors Area in the
Pickering Official Plan. Permissible uses within Mixed Use Area - Mixed Corridors
Area includes, amongst others, a variety of residential uses including
townhouses and apartment buildings, retailing of goods and services, offices and
restaurants. The Official Plan also establishes a commercial intensification limit
of 2.5 floorspace index (total building floorspace divided by total lot area). Mixed
Use Area - Mixed Corridors Area are also encouraged to develop in an
integrated manner for a wide variety of uses and purposes, and to intensify over
time up to the maximum density and floorspace indices.
The subject property is appropriately designated for the requested range of
commercial uses. Both the principles of the TCWDG and the Kingston Road
Corridor Urban Design Development Guidelines support expanded retail uses on
the subject lands. Both these guidelines promote the area as a pedestrian
friendly environment and intensified land use. The current zoning relies mostly
on uses related to automobile traffic that detracts from the area becoming more
pedestrian friendly. The proposed zoning amendment to allow for a full range of
commercial uses will create a more dynamic commercial environment and
encourage higher intensity of land use that is less automobile dependent.
All of the requested uses are supportable with the exception of a 'Restaurant
Type-F', (which is a drive thru restaurant) and a home improvement centre. The
vision of creating a pedestrian friendly environment does not include drive thru
restaurants or home improvement centres. The Market Justification Study for the
application concluded that all requested uses are appropriate and will not result
in any negative impact on Pickering's commercial structure.
Report PD 17-07
Date: June 4, 2007
Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc.,
and The Regional Municipality of Durham (A 8/06)
Page 5
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3.2 Industrial Uses Should Be Eliminated
Zoning on four of the five properties currently permits a light manufacturing use
and equipment supplier. This use is more reflective of former uses in the area
and should be eliminated as a permitted use given the areas change to a broad
commercial purpose. The land use conflicts between industrial and commercial
activities should be eliminated. Furthermore, the industrial use is not considered
as being a form of land use that evokes a pedestrian friendly environment, as it is
more automobile dependent. For the area to evolve, the industrial uses should
be eliminated as they would be counter productive to the land use vision for the
area.
3.3 Existing Commercial Floor Space Restriction No longer Required
The existing zoning by-laws for the subject properties contain a restriction on the
amount of floor space that can be utilized by some of the commercial uses. The
removal of the commercial limitations will provide a greater opportunity to
achieve the widest variety of uses and highest level of activity as set in the
strategic policies of the Official Plan. However, there is still a need for certain
retail restrictions to ensure this area will be supportive and complementary in
function to the downtown core area.
3.4 Removal of the Public Road Requirement Through the Subject lands is
supported subject to Appropriate Exchange of Right-of-Way Easements
The TCWDG establish overall development principles for the area and includes
an internal road network pattern. The internal road network planned for the Town
Centre West Neighbourhood is an integral component of this development area
and is necessary to adequately serve the needs of future businesses and
residents. The road network provides for vehicular and pedestrian internal
linkages between various access points around the perimeter of the Town Centre
West Neighbourhood (see Attachment #4 - Development Guidelines Land Use
Plan). The applicants request that the requirement for a public road extending east-
west through the subject lands be removed (part of Street A in the TCWDG) ( see
Attachment #3).
In reviewing the need for a public road through the TCWDG area (and the rezoning
application on the abutting property to the east, A03/06) it is being recommended
that a public road be required to connect Kingston Road, south from Walnut Lane, to
Liverpool Road (Attachment #5). The remainder of the 'road' network is
recommended to be provided through the use of private' aisles'. Consequently, it is
considered appropriate to eliminate the public road (Street A) through the subject
lands, but retain a private aisle at the same location to ensure proper traffic
circulation through out the area. MP&E supports the downgrading of this section of
Street A to a private aisle. The intersection of this aisle with Dixie Road would be
substandard if elevated to public road status. Assigning a more significant role to
this aisle is not recommended.
Report PO 17-07
Date: June 4, 2007
Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc.,
and The Regional Municipality of Durham (A 8/06)
C ~ ~~ :.~~.
Page 6
As part of the conditions of approval, it is recommended that the applicants enter
into new or amending site plan agreements that will release them of any
obligation for the conveyance of land for a municipal road. The agreement(s) will
require that an exchange of right-of-ways be provided for the general public use
of the traffic aisles to ensure proper traffic flows throughout the Town Centre
West area.
The Region of Durham's property located at 1103 Kingston Road is proposed for
a EMS site. One of the accesses to the EMS site is proposed on the future
private aisle located between the EMS property and the lands to the east owned
by Brookdale Centre Inc (see Attachments #3 & #4). The design of this aisle will
require careful consideration to accommodate the EMS facility access
requirements. This aisle may require special easements to be registered on title
to ensure functionality and permanency.
3.5 Revisions to the Town Centre West Development Guidelines are Required
The subject lands are within the TCWDG area. The TCWDG were adopted by
City Council in 1995, establishing a vision for the development of the area as a
vibrant mixed use area that would incorporate residential, commercial and office
uses. The TCWDG establishes certain overall principles for the areas
development and they include a mix of use, an internal road network pattern,
connections to the existing Town Centre Neighbourhood and adjacent
neighbourhoods, a variety of housing and office building types and a pedestrian
and open space network.
The TCWDG were a result of development pressures on the area in the mid
1990's. However since their adoption their has been little development interest in
the area. With Council's approval of the rezoning application for a Home Depot
store on the abutting lands, the intensity of development envisioned by the
TCWDG has been adjusted, especially in the short term. Development that
currently exists on the subject lands was introduced in accordance with the
TCWDG, however, the permitted uses of the subject lands should be expanded
to allow for a broader range of commercial opportunities.
The TCWDG should be reviewed and revised to incorporate Council's decisions
on this application. Staff's revised concept for the road/aisle pattern for the Town
Centre West area is shown in Attachment #5. These revisions should form part
of an overall review of TCWDG that consider land use, urban design, and
transportation/traffic (including right-of-way easements) in a comprehensive
manner. It is therefore recommended that revisions to the TCWDG be
considered through the Official Plan Review that has been initiated by Council.
Report PO 17-07
Date: June 4, 2007
Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc.,
and The Regional Municipality of Durham (A 8/06)
Page 7
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4.0 Technical Matters
4.1 Amending or Future Site Plan Agreement will be Required
An amending site plan agreement between the City and the owners of the
subject lands will be required to ensure that all matters related to the requirement
for public roads and/or private traffic aisles and the related right-of-way
easements have been addressed.
When development is proposed for the vacant properties associated with this
application a site plan agreement will be required to address all matters of the
City, financial and otherwise and will also require the exchange of right-of-ways
to secure the provision of private traffic aisles.
4.2 Proposed Zoning By-law Amendment
The draft implementing zoning by-law recommends that the subject properties be
rezoned to permit the proposed broad range of commercial uses including retail,
office and personal services. The by-law will also delete the floor space
restrictions on some of the existing commercial uses and delete the industrial
uses as permitted uses"
5.0 Applicant's Comment~
The applicant has been advised of the recommendations of this report and has
indicated support for the recommendation.
APPENDICES:
APPENDIX I:
APPENDIX II:
Recommended Conditions of Approval for A 8/06
Draft Zoning By-law Amendment
Attachments:
1. Location Map
2. Air photo of property layout
3. Development Guidelines Proposed Road Network
4. Development Guidelines Land Use Plan
5. Staff Vision for Town Centre West Area
6. Text of Information Meeting Report
7. Minutes from October 19, 2006 Statutory Public Information Meeting
8. Agency Comments - TRCA
9. Agency Comments - Region of Durham Planning Department
Report PO 17-07
Date: June 4, 2007
Subject: Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc.,
('. r, /and The Regional Municipality of Durham (A 8/06)
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Prepared By:
Approved I Endorsed By:
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8,RPP
Ing & Development
Ros1~IP~
Principal Planner - Development Review
RP:jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
APPENDIX I TO
REPORT PO 17-07
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RECOMMENDED CONDITIONS OF APPROVAL FOR
ZONING BY-L.AW AMENDMENT APPLICATION A 8/06
1. That the owners enter into site plan agreements or amending agreements with the
City to reflect the comments of the report of the Director, Planning & Development
Report PO 17-07. The site plan agreements shall ensure the fulfillment of the
City's requirements, financial and otherwise, which shall include, but not
necessarily be limited to:
(a) the registering of Hasements for the travelling public for access between
properties and to abutting properties;
(b) the establishment of traffic aisles in order to create an appropriate traffic flow
across and through the subject properties;
(c) the elimination of options to convey lands to the City for future internal
municipal roadways.
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DRAFT BY-LAW
APPENDIX" TO
REPORT PO 17-07
ZONING BY-LAW AMENDMENT APPLICATION A 8/06
DRAFT
THE COHPORATION OF THE CITY OF PICKERING
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BY-lAW NO.
Being a By-law to amend Zoning By-law 3036, as amended by
By-laws 2641/88 and 41321/95, to implement the Official Plan of the City
of Pickering, Region of Durham, on Part of lot 24, Concession 1, in
the City of Pickering. (A 8/06)
WHEREAS the Council of The Corporation of the City of Pickering passed
By-law 2641/88, amending By-law 3036, to permit the development of special purpose
commercial uses on the subject lands, being Part of lot 24, Concession 1, in the City of
Pickering;
AND WHEREAS the Council of The Corporation of the City of Pickering passed
By-law 3254/89, amending By-law 2641/88, to revise parking requirements and
permitted uses on a portion of the subject lands, being Part of lot 24, Concession 1, in
the City of Pickering;
AND WHEREAS the Council of The Corporation of the City of Pickering passed
By-law 4602/95, further amending By-law 2641/88, to permit the establishment of a
restaurant with eat-in, take-out and drive-through order and pick-up services on a
portion of the subject lands;
AND WHEREAS the Council of The Corporation of the City of Pickering passed
By-law 4621/95 to further amend By-law 3036, as amended by By-laws 2641/88,
3254/89 and 4602/95 to permit additional special purpose commercial uses, and a
consolidation of uses on the subject lands, being Part of lot 24, Concession 1, City of
Pickering;
AND WHEREAS the Council of The Corporation of The City of Pickering deems it
desirable to permit a variety of commercial uses on the subject lands, being Part of
lot 24, Concession 1, in The City of Pickering;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING ENACTS AS FOllOWS:
1. SCHEDULES I and II
Schedules I and II attached hereto with notations and references shown thereon
are hereby declared to be part of this By-law.
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2.
AREA RESTRICTED
The provisions of this By-law shall only apply to those lands on Part of 24,
Concession 1, City of Pickering, designated "MU-22" on Schedule I attached
hereto.
3. 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 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) "Body Rub Parlour" includes any premises or part thereof where a body
rub is performed, offered or solicited in pursuance of a trade, calling,
business or occupation, but does not include any premises or part thereof
where the body rubs performed are for the purpose of medical or
therapeutic treatment and are performed or offered by persons otherwise
duly qualified, licensed or registered so to do under the laws of the
Province of Ontario;
(4) "Build-to-zone" shall mean an area of land in which all or part of a building
elevation of one or more buildings is to be located;
(5) "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;
(6) "Convenience Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessities are kept
for retail sale primarily to residents of, or persons employed in, the
immediate neighlbourhood;
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(7) "Commercial Recreation Establishment" shall mean a commercial
establishment in which indoor recreational facilities such as bowling alleys,
miniature golf courses, bingo facilities, gymnastics facilities, roller skating
rinks, squash courts, swimming pools and other similar indoor recreational
facilities are provided, and which may include an athletic or recreational
club;
(8) "Dav Nursery" shall mean lands and premises duly licensed pursuant to
the provisions of The Day Nurseries Act, or any successor thereto, and for
the use as a facility for the daytime care of children;
(9) "Dry Cleaninq Dl3POt" 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;
(10) "Duplicatinq ShOlL shall mean a part of a building where such items as
letters, plans, pictures and documents are reproduced by Photostatting,
blueprinting or other similar methods;
(11) "Dwellinq" shall mean a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
(12) "Dwellinq Unit" shall mean one or more habitable rooms occupied or
capable of being occupied as a single, independent, and separate
housekeeping unit containing a separate kitchen and sanitary facilities;
(13) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(14) "Floor Area - Hesidential" shall mean the area of the floor surface
contained within the outside walls of a storey or part of a storey;
(15) "Food Store" shall mean a building or part of a building in which food,
produce, and other items or merchandise of day-to-day household
necessity are stored, offered or kept for retail sale to the public;
(16) "Furniture or Maior Appliance Store" shall mean an establishment in which
furniture, major appliances or a combination thereof are stored, offered
and kept for wholesale or retail sale;
(17) "Gross Floor Area - Residential" shall mean the aggregate of the floor
areas of all storeys of a building or structure, or part thereof as the case
may be, other than a private garage, an attic, or a cellar;
(18)
(19)
(20)
(21 )
(22)
(23)
(24)
(25)
(26)
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"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;
"Home Improvement Centre" shall mean a building or part of a building
used for the display and wholesale and retail sale of building materials,
hardware or accessories, including cabinets, electrical fixtures, carpets,
floor coverings, plumbing supplies, wallpaper, draperies, garden supplies,
lumber and swimming pool supplies;
"Laundromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental
equipment;
"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;
"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;
"Lot Coveraqe" shall mean the percentage of lot area covered by all
buildings on the lot;
"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;
"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 the
Municipal Act, RS.O. 1980, Chapter 302, as amended from time to time,
or any successor thereto;
"Place of Amusement/Entertainment" shall mean a building or part of a
building in which facilities are provided for amusement or entertainment
purposes, and which may include a billiard or pool room, a dance hall, a
music hall, or a theatre, but shall not include a games arcade or an adult
entertainment parlour as defined in the Municipal Act, R.S.O. 1990,
c.M.45, as amended from time to time, or any successor thereto;
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(27) "Private Garaqe'~ shall mean an enclosed or partially enclosed structure
for the storage of one or more vehicles, in which structure no business or
service is conducted for profit or otherwise;
(28) "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 whic:h 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 any successor thereto;
(29) "Restaurant - Tvpe 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, but
shall not include an adult entertainment parlour as defined herein;
(30) "Restaurant - Tvpe F" 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 which may include a drive-through order and
pick-up service;
(31) "Retail Store" shall mean a building or part of a building in which goods;
wares, merchandise, substances, articles or things are stored, kept and
offered for retail sale to the public;
(32) "Storey" shall mean that portion of a building other than a basement, cellar
or attic, included between the surface of any floor and the surface of the
floor, roof deck or ridge next above it;
(33) "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.
4. PROVISIONS ("MU-22'" Zone)
(1) Uses Permitted ("MU-22" Zone)
No person shall within the lands designated "MU-22" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or structure
for any purpose E!XCept the following:
(a) assembly hall;
(b) business office
(c) commercial-recreational establishment
(d) commercial club
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(e)
(f)
(g)
(h)
(i)
U)
(k)
(I)
(m)
(n)
(0)
(p)
(q)
(r)
(s)
(t)
(u)
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commercial school
day nursery
discount department store
drug store
dry cleaning depot
duplicating shop
financial institution
furniture & major appliance store
food store
outdoor storage, display and sale of retail and garden centre products
personal service shops
professional office
place of amusement/entertainment
restaurant - Type A
retail store
service store!
residential apartments above the first floor of a building
(2) Zone Requirements ("MU-22 " Zone)
No person shall, within the lands designated "MU-22" on Schedule I
attached hereto, use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
(a) BUILDING RESTRICTIONS:
(i) Building Location and Setbacks:
A Buildings and structures shall comply with the minimum
setbacks illustrated on Schedule I attached hereto;
B A structure or building may occupy the build-to-zone
illustrated on Schedule I attached hereto;
C A minimum of 45% of the length of the build-to-zone
shall be occupied by a structure, or a minimum of 50%
of the length of the build-to-zone shall be occupied by a
building, both illustrated on Schedule I attached hereto;
(ii) Building Height:
A Minimum Building Height: 2 storeys or 6.5 metres
B Maximum Building Height: 4 storeys or 13.0 metres
C Minimum Arbour Structure Height: 4.5 metres entirely
or partially located within the Build-to-Zone
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(iii) Lot Coverage (minimum): 20 percent
(b) PARKING REQUIREMENTS:
(i) For the purpose of this clause "parking space" shall mean a
useable and accessible area of not less than 2.6 metres in
width and not less than 5.3 metres in length for the temporary
parking of a vehicle, but shall not include any portion of a
parking aisle or driveway;
(ii) Then:! shall be provided and maintained a minimum of
4.5 parking spaces per 100 square metres of gross leasable
floor area for all permitted uses listed in Section 4(1) of this
by-law;
(iii) Notwithstanding Clause 4. (2) (b) (ii) above the parking
provided for the gross leasable floor area in existence on each
propE~rty on the day of the passing of this by-law shall be
deemed to comply with of the by-law, however all new
buildings or new gross leasable floor area shall comply with
Clause 4 (2) (b) (ii) above;
(iv) Notwithstanding Clause 4.(2) (b) (ii) above, parking for a bingo
facility as a commercial recreational establishment on the
lands designated "MU-22" on Schedule 1 attached hereto
shall be provided and maintained on those lands at a minimum
of one parking space per 9 square metres of gross leasable
floor area or part thereof;
(v) Notwiithstanding Clause 4.(2) (b) (ii) above, a minimum
1.2 parking spaces per unit, and 0.3 spaces per unit for
visitolrs, shall be provided for any residential apartment unit.
(vi) Clauses 5.21.2a), 5.21.2b), 5.21.2c), 5.21.2d) and 5.21.2e) of
By-law 3036, as amended, shall not apply to lands designated
"MU-:22 on Schedule I attached hereto;
(vii) Notwithstanding clauses 5.21.2g) and 5.21.2k) 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.
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(c) OPEN STORAGE:
(i) All uses, other than parking, shall take place entirely within
enclosed buildings or structures with no outside storage or display.
(d) SPECIAL REGULATIONS:
(i) All entrances and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt or concrete, or any
combination thereof;
(ii) At grade parking lots shall be permitted no closer than
3.0 metres from the limits of the "MU-22" Zone identified on
Schedule I attached hereto, or any road;
(iii) No drive-thru facilities are permitted on the lands designated
"MU-22." as illustrated on Schedule I of this by-law;
(iv) Notwithstanding Clause 4.(2) (d) (iii) above one Restaurant -
Type F is permitted within the "MU-22" Zone;
(v) Maximum floor area for a discount department store shall be
7 ,450 square metres;
(vi) Aggregate of retail stores less than 300 square metres shall not
exceed 4000 square metres;
(vii) Total 9ross floor area of retail stores shall not exceed
9,500 square metres.
- 9 -
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5.
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 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 3036, as amended.
6. EFFECTIVE DATE
This By-law shall come into force In accordance with the provisions of the
Planning Act.
BY-lAW read a first, second, and third time and finally passed this .1~' of June, 2007.
David Ryan, ,.
Debi A. Bentley, City Clerk
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40R-1860 PART 1 PT PART 2..3
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SCHEDULE I TO BY-LAW
PASSED THIS
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MAYOR - DAVID RYAN
CITY CL.ERK - DEBI A. BENTLEY
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FILE No. A 08/06
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INFORMATION COMPILED FROM
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STREET A
REQUEST THAT THIS PORTION
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FROM THE TOWN CENTRE
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN, MAY 17, 2007.
'ATTACHMENT' . .,y. TO
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STAFF VISION FOR
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INFORMATION REPORT NO. 11-06
FOR PUBLIC INFORMATION MEETING OF
October 19, 2006
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 08/06
Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc.,
and The Regional Municipality of Durham
Part of Lot 24, Concession 1
(40R-16455, Parts 1 & 5, 40R-12678, Parts 1 & 2, 40R-12678,
Parts 6 to 9, & 40R-12678, Part of Part 4 and Part 5 & 40R-22390, Part 1)
(1097,1099,110'1, 1101A, & 1103 Kingston Road)
City of Pickering
1.0 PROPERTY LOCATIO'" AND DESCRIPTION
- the five properties subject to this application total an approximate land area of
4.0 hectares in size;
- the subject properties are located at the southeast corner of Kingston Road
and Dixie Road (see Attachment #1 - Location Map);
residential uses are located to the north, across Kingston Road, Brookdale
Centre Inc. lands are located to the east (proposed Home Depot), mixed
industrial-commercial uses are located to the west, across Dixie Road, and
Highway 401 and residential uses are located to the south;
- the properties affectEld by this application are currently occupied by:
. Tucker's Marketplace Restaurant (1097 Kingston Road - Emix Ltd.);
. Two-Storey - Office/Retail Building (1099 Kingston Road - Emix Ltd.);
. Three-Storey -- Office/Retail Building (1101 Kingston Road - Nerotal Ltd.);
. Vacant Land - (11 01A Kingston Road - Lakeridge Properties Inc.);
. Vacant Land -, (1103 Kingston Road - Regional Municipality of Durham);
(see AttachmEmt #2 - Air Photo of Property Layout);
- all of the properties subject to this zoning amendment application currently
have special-commercial zoning which allows for a mix of retail-commercial,
office, and restaurant uses, and are subject to floor area limitations and
restrictions.
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Page 2
Infor~4q~ Report No. 11-06
2.0 AMENDMENT PROPOSAL
the applicant proposes to amend the existing zoning by-laws pertaining to the
subject properties to permit additional commercial uses, revise the uses
currently permitted, and remove the existing gross leasable floor area
limitations and restrictions;
requested uses to be added through zoning by-law amendment Application
A 08/06 are:
. assembly hall;
. commercial club;
. commercial school;
. day nursery;
. discount department store;
. drug store;
. dry cleaning depot;
. garden centre associated with a home improvement centre;
. general merchandise store;
. grocery store;
. outdoor stora!~e, display and sale of retail and garden centre products;
. personal service shops;
. restaurant - Type A;
. retail store;
. service store;
. video store;
this application is also requesting that uses currently permitted (refer to
Table A in Section 3.4) be revised to allow for a broader range of uses, which
will allow for better marketing/leasing flexibility, and that floor area restrictions
and limitations on commercial uses and business/professional office uses be
removed to aid in diversifying the properties from a land use perspective.
3.0 OFFICIAL PLAN AND ;ZONING
3.1 Durham Regional Offic:ial Plan
- the Durham Regional Official Plan identifies the subject lands as being
designated "Special Policy Area - A (Pickering)";
this designations goal is to maximize the areas highway exposure as a main
street and gateway to the Region and to intensify development in a manner
that will not adversely affect similar development within the Main Central
Areas of the City of Pickering;
- the subject application will be assessed against the policies and provisions of the
Durham Region Official Plan during the further processing of the application;
,f
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I7:J~7
Page 3
., 4-
~....,i J
Information Report No. 11-06
3.2 Pickering Official Plan
the Pickering Official Plan designates the subject lands as "Mixed Use Areas
- Mixed Corridors Areas";
permissible uses within "Mixed Use Areas - Mixed Corridors Areas" include,
amongst others, a variety of uses including residential, retailing of goods and
services, offices and restaurants;
"Mixed Use Areas -, Mixed Corridors Areas" are intended to have the widest
variety of uses and the highest level of activities in the City when compared to
other designations;
the Pickering Official Plan establishes an intensification prerequisite in terms
of a minimum and maximum density range and a maximum floor space index
(FSI) for "Mixed Use Areas - Mixed Corridor Areas";
- the density requirement is over 30 and up to and including 140 dwelling units
per net hectare and the maximum FSI of 2.5;
- the proposed application has an overall FSI of 0.5, based on the developed
lands within this application;
- the FSI could fluctuate depending on future development of the lands owned
by the Lakeridge Properties Inc. and the Regional Municipality of Durham;
- the subject lands are within the Town Centre Neighbourhood of the Official Plan;
the Pickering Official Plan encourages the highest mix and intensity of uses
and activities in the City to be in this neighbourhood;
the subject lands are within a Detailed Review Area and the City has adopted
the Town Centre V\fest Development Guidelines which envelop the subject
lands (see Section 3..3);
Schedule II of the Piickering Official Plan - "Transportation System" designates
Highway 401 as a "Freeway", Kingston Road where it abuts two of the five
properties as a "Type B Arterial Road" and a "Transit Spine", and Dixie Road
south of Kingston Road as a "Local Road";
Type B Arterial Roads are designed to carry moderate volumes of traffic at
moderate to high speeds and have some access restrictions;
- A Transit Spine is where a higher level of transit service is to be encouraged;
Local Roads generally provide access to individual properties and carries
local traffic;
Schedule III of the Piickering Official Plan - "Resource Management" designates
a portion of 1101 Kingston Road as being "Shorelines and Stream Corridors";
Shorelines and Stream Corridors identify lands that may be prone to water
impacts, such as flooding, erosion and slope instability;
the subject application will be assessed against the policies and provisions of
the Pickering Official Plan during the further processing of the application;
3.3 Town Centre West Development Guidelines
- the Town Centre VVest Development Guidelines were adopted by City of
Pickering Councilor! February 20, 1995;
- the Development Guidelines identify matters such as the land use mix and
arrangement, the scale and intensity of use, the transportation/internal roads
network, engineerin~~ matters and community design requirements;
the Development Guidelines also addresses building setbacks and build-to-lines,
building heights, vehicular circulation, access, and parking;
Information Report No. 11-06
6 ___,
17-Q1
Page 4
~'i 4tGe Development Guidelines establish certain overall principles for the areas
development and they include a mix of use, an internal road network pattern,
connections to the existing Town Centre Neighbourhood and adjacent
neighbourhoods, a variety of housing and office building types and a
pedestrian and open space network;
the internal road network planned for the Town Centre West Neighbourhood
is an integral component in this area and is necessary to adequately serve
the needs of future residents and businesses as they will provide internal
linkage between various access points around the perimeter of the
Town Centre West Neighbourhood (see Attachment #3 - Development
Guidelines Land Use Plan);
the applicant's proposal may require a modification to the Town Centre West
Development Guidelines as the applicant has requested that the road pattern
be revised to remove the east/west public street identified as "Road A" (see
Attachment #4 - Development Guidelines Proposed Road Network);
3.4 ZoninQ By-law 3036
the subject propertilss are currently zoned "SC-18", "SC-19", "SC-33", and
"SC-34" - Special Commercial Zone by By-law 3036, as amended by By-law
2641/88 and By-law 4621/95;
the table below outlines the uses which are currently permitted on the subject
properties:
Table A - Current Permitted Uses on Subiect Properties
1097
Kingston
Road
(SC-18)
1099
Kingston
Road
(SC-33)
..J
Business Office
Commercial-Recreationall
Establishment
Duplicating Shop
..J
..J
..J
..J
Financial Institution
Furniture & Major
Appliance Store
Home Improvement
Centre
Light Manufacturing &
Equipment Supplier
..J
Professional Office
..J
Place of
Am usementlE ntertai n mellt
..J
Restaurant - Type B
..J
..J
..J
Restaurant - Type F
1101
Kingston
Road
(SC-34)
..J
..J
..J
..J
..J
..J
..J
..J
..J
..J
1101A 1103
Kingston Kingston
Road Road
(SC-19) (SC-19)
..J ..J
..J
..J
..J
..J
..J
..J
..J
..J
..J
..J
..J
..J
Information Report No. 11-06
6
17-e7
Page 5
_ the applicant proposes to amend the existing zoning by-law on the subject
properties to permit additional commercial uses, broaden the uses currently
permitted to increase marketing/leasing flexibility, and remove the existing
gross leasable floor area limitations and restrictions in order that all properties
have the same permitted uses, development provisions, restrictions, and
limitations;
C47
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
no resident comments have been received to date;
4.2 Agency Comments
no agency comments have been received to date;
4.3 Staff Comments
The following list identifies matters and issues to date, which require further
review and examination by staff:
. review of the proposed uses to be introduced to the subject properties to
determine their appropriateness;
. review of the existing uses on the subject properties to examine their
purpose and function;
. review of the current floor areas of existing development and future
development and determine if floor area restrictions and/or limitations
should be applied to certain uses;
. submission of a Retail Market Study in order to review and assess the
impacts of this :z:oning amendment on the existing retail areas and to
ensure that proposed retail uses would not negatively impact Pickering's
downtown core;
. review of the current parking requirements of the zoning by-law and
determine if the established requirements are appropriate or if they should
be updated to provide a coherent parking standard over all of the
properties subject to this application;
. ensure the application can achieve a high level of sustainable
components;
. provide specific zoning provisions in the amending zoning by-law which
will foster and maintain the principles of the Town Centre West
Development Guidelines;
. review of the impacts of the Toronto and Region Conservation Authority
(TRCA) flood mapping of Pine Creek on the development potential of the
subject lands and the achievement of the broader development vision for
the Town Centre West area;
Information Report No. 11-06
: H.6 .
i7-(5'r"
Page 6
(~4;; review the application against the Council adopted Town Centre West
Development Guidelines to ensure that development respects the
fundamental elements and principles of the Town Centre West
Development Guidelines, specifically with respect to road patterns as the
internal road neltwork is an integral component of development in this
neighbourhood;
This Department will conclude its position on the application after it has received
and assessed comments from the circulated departments, agencies and the
public.
5.0 PROCEDURAL INFORMATION
- written comments regarding this proposal should be directed to the
Planning & Development Department;
oral comments may be made at the Public Information Meeting;
all comments received will be noted and used as input in a Planning Report
prepared by the Pllanning & Development Department for a subsequent
meeting of Council or a Committee of Council;
if you wish to reserve the option to appeal Council's decision, you must
provide comments to the City before Council adopts any by-law for this
proposal;
if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
6.0 OTHER INFORMATION
6.1 Appendix No. I
list of neighbourhood residents, community associations, agencies and
City Departments that have commented on the applications at the time of
writing report;
6.2 Information Received
copies of a Plannin~l Analysis Report prepared by The Biglieri Group Ltd. is
available for viewing at the offices of the City of Pickering, Planning &
Development Department;
6
0-07
Page 7
Information Report No. 11-06
6.3 Property Principal
The owners/applicants of the properties subject to this application are Emix Ltd.,
Nerotal. Ltd., Lakeridge Properties Inc., and the Regional Municipality of Durham,
and the agent for this application is Tom Rees from the The Biglieri Group Ltd.
',' 4....
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ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Geoff Romanowski
Planner II
Lynda Taylor, MCIP, RPP
Manager, Development Review
GXR:jf
Attachments
Copy: Director, Planning & Development
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I 7-0 7
APPENDIX NO. I TO
INFORMATION REPORT NO. 11-06
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date;
COMMENTING AGENCIES
(1) none received to date;
COMMENTING CITY DEPARTMENTS
(1) none received to date.
7
17-07
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Item I Details & Discussion & Conclusion
Ref # . (summary of discussion)
"r.::'"
l J 1.
i -' --ZoningBy-lawAmemdrrlent Application A 0.8/0.6
Nerotal Ltd., Emix Ltd., Lakeridge Properties Inc.,
and The Regional Munic;ipality of Durham
Part of Lot 24, Concession 1
(40R-16455, Parts 1 & 5:1 40R-12678, Parts 1 & 2, 40R-12678,
Parts 6 to 9, & 40R-12618, Part of Part 4 and Part 5 & 40R-22390, Part 1)
-J g~~::~t;k:r~~i ~01A.~1~O~ingston Road)
I
I
I 1. Planner Comments
i
II Geoff Romanowski, Planner II provided an overview of the property location,
applicant's proposal and City's Official Plan policies pertaining to this site, as outlined
\ in the Information Report # 11-06.
I 2. Applicant Comments
Thomas Rees of The Biglieri Group, the agent for the application overviewed the
application and noted the property owners wish to obtain a greater commercial and
office use rights for the properties without the existing floor space restrictions.
Thomas Reese noted that the property owners want to maintain their existing use
rights for the properties as well as obtain new use rights. The property owners have
requested that the existing east-west road in the Town Centre West Development
Guidelines be removed.
I 3. Comments from Members of the Public
I
I
I
I
L...".._.....
I No comments from memlJers of the public.
I
+- ---------
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The meeting adjourned at 7:42 pm.
Page 2
CORP0228-2/02
9
1,-01
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~~i;' onserva .Ion
c~~r The Living City
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'Jctcoer 24, 2006
CFN 37747.08
XREF CFN 37736.05
t-)tt~m_N~tdL (fax 9054207(48)
Geoff Romanowski
Development Review
City of Pickering
Pickering Civic Cornpiex
;::)rle Tne Esplanade
Flickering, ON L 1 V 6K7
';ear ~v'!r. Romanowski
ZOlilf19 dy-Iaw AiT1undnHHlt No. A 08/06
1079,1099,1101, 1101Aand 1103 Kingston Road
City of Pickering
Emix Limited, Nerotal Limited, Lakeridge Properties Inc. and Region of Durham
Thank you for H18 opportunity to review the above referenced Zoning By-law Amendment application.
f~urH,er iO our letter of October 24,2006 in respect to 1105 Kingston Road, we offer the following
CeJlj'r i l-tt;:rl IS.
Flood P,ain Issues
,',s notea In our letter in respect to 1105 Kingston Road, all properties located west of 1105 Kingston
i~~03(i, south of Kingston Road, east of Dixie Road and north of Hwy 401 have been identified through
.,.....,v-l f1~r-j:'h;r n';:,rr;;"c; 2,10 being outside of the regional storm floodplain As such, the TRCA's
..,temst in the properties is limited to their inclusion within a comprehensive water management strategy
relatve to the Pickering Centre West area.
APf.JiicaiJle Regulations
r flU subject properties are not located within the TRCA's Regulated Area and, as such, an Ontario
':~eglJ!ation 166/06 permit is not required.
i"eClJIi Ill'leflOa lions
"I ii9f1! or Ule CiO()Ve, TF~CA staff Il<3Ve no objection to the approval of the Zoning By-law Amendment for
~ 079 to 1103 Kingston Road. We continue to recommend that a comprehensive water management
strategy tor the Pickenng Centre West area be completed. We would appreciate the opportunity to review
Jr;j development proposals on these sites in the context of the water management strategy, either through
Site r)ian circulation or direct circulation from the Region of Durham.
\:VA trust tnese cormnents are of assistance Please feel free to contact me if you have any questions.
~'r':C(-;rei~/.
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fJianager, Develo::.HT....:!nt Planning and Regulation
l'i3'1',ing ane Dcveicprnent
~=\'t(:)r'cir~n ~r;-1 "l
.,G. Antnony Blgiien, The Biglien Group (fax 416.693.9133)
r~ay Davies, Region of Durham (fax 905.666,6208)
RODert Starr City of Pickering (fax 905.420.7(48)
C;'''C);"Jl::::\P:J8U:,LJEVELOP!v1EW SERVICr:::D: ;:"f-iM/ f:~E(;i()N\PI'KERrNG'1 07' . 1103 KINGSTON_1.DOC
5 Shol,;ham Drive, DO\\llsvipvv. Ontario M;N 154 (4H 661.(,60( HX 661-689B wwvdrca,on.ca
@
The Regional
Municipality
of Durham
Planning Department
605 ROSSLAND ROAD E
4TH FLOOR
P.O. BOX 623
WHITBY, ON L 1 N 6A3
(905) 668-7711
Fax: (905) 666-6208
E-mail: planning@
region.durham.on.ca
www.region.durham.on.ca
A.L. Georgieff, MCIP, RPP
Commissioner of Planning
"Service Excellence
for Oil! Communities"
9
1}"07
November 2, 2006
"5 ''''I
t.' .)
Ross Pym, Principal Planner
Pickering Civic Complex
One The Esplanade
Pickering, Ontario
L 1V 6K7
~sent via email to:
rpvm@citv. pickerino. on. ca
---------
Mr. Romanowski:
Re: Zonin~, Amendment Application A 08/06
Applicants: Emix Ltd., Nerotal Ltd., Lakeridge Properties Inc.
Location: 1097, 1099, 1101, 11 01A,. and 1103 Kingston Road
Southeast corner of Kingston Rd. and Dixie Rd.
Lot 24, Concession 1
Municipality: City of Pickering
This application has been reviewed and the following comments are offered.
The purpose of this application is to amend the zoning of the subject properties to
permit additional commercial uses, revise the uses currently permitted and remove
the existing gross leasable floor area limitations and restrictions.
Reaional Official Plan
The lands subject to this application are currently designated Special Policy Area 'A'
in the Durham Regional Official Plan. The policy of the plan is to maximize the
areas highway exposure as a mainstreet and gateway to the Region. Development
should be intensified in a manner that does not adversely affect similar development
within the Main Central Area.
Council adopt,ed Amendment 114 to the Durham Regional Official Plan
redesignates the subject property as a "Regional Corridor". "Regional Corridors" are
to be planned as mixed-use areas, which include commercial and service areas
with higher densities, supporting higher order transit services and featuring a high
degree of pedestrian oriented design, as detailed in area municipal plans.
Kingston Road (Regional Road 2) is designated as a "Type B" arterial road and is
further designated as a "Transit Spine" by Amendment 114. "Type B" arterial roads
are typically comprised of a 36 metre right-of-way. "Transit spines" should
compliment higher density and mixed uses. Transportation and access
requirements will be provided through subsequent site plan applications.
The proposal may be permitted by the Regional Official Plan and by Council
adopted Amendment 114.
Provincial Policies & Deleqated Review Responsibilities
This application has been screened in accordance with the terms of the provincial
plan review responsibilities. As the subject properties are in the vicinity of Kingston
Road (Regional Highway 2) and Highway 401, a noise study is required if sensitive
land uses are permitted.
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Page 2
Reaional Services
Municipal watl;;r supply and sanitary sewer services are available to the subject
property. Servicing requirements will be provided through subsequent site plan
applications.
If you have any questions or require further information, please do not hesitate to
contact me.
Qrn~fwV1
Dwayne Campbell, Planner
Current Planning
Cc (via email): Regional Works Department - Peter Castellan