HomeMy WebLinkAboutAugust 18, 2008 (Special)
Special Planning & Development
Committee Agenda
Monday, August 18, 2008
7:30 pm
Council Chambers
Chair: Councillor O'Connell
PART "A"
PLANNING INFORMATION MEETING
INFORMATION REPORT NO. 14-08
PAGES
1-13
SUBJECT: Zoning By-law Amendment Application A 13/08
1410967 Ontario Inc.
1866 Liverpool Road
(Lot 22, Plan 492)
City of Pickering
INFORMATION REPORT NO. 15-08
SUBJECT: City Initiated Application
Zoning By-law Amendment Application A 14/08
1105 Kingston Road
City of Pickering
14-30
(I) OTHER BUSINESS
(II) ADJOURNMENT
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INFORMATION REPORT NO, 14-08
FOR PUBLIC INFORMATION MEETING OF
August 18,2008
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S,O, 1990, chapter P,13
SUBJECT:
Zoning Amendment Application A 13/08
1410967 Ontario Inc.
1866 Liverpool Road
(Lot 22, Plan 492)
City of Pickering
1,0 PROPERTY LOCATION AND DESCRIPTION
- the lands are located on the west side of Liverpool Road, north of Kingston
Road and south of Glenanna Road;
a property location map is provided for reference (see Attachment #1 -
Location Map);
a detached dwelling currently exists on the property;
- the property abuts residential dwellings to the north, south and west;
Durham Condominium Corporation #44 is located on the east side of
Liverpool Road, opposite the subject property;
in addition to residential uses, the broader surrounding area is comprised of a
mix of office, retail and service uses.
2,0 APPLICANT'S PROPOSAL
- the applicant has requested to add a business office, a professional office and
a veterinary clinic as permitted uses, in addition to the currently permitted
residential use, on the subject property;
- the applicant is proposing to relocate the Millenium City Veterinary Clinic from
its current location at 1225 Bayly Street to this property;
- the proposed veterinary clinic would operate within the existing dwelling on
the property;
Information Report No. 14-08
Page 2
.)
L.
the request to add a business office and a professional office as permitted
uses would provide the applicant with greater leasing flexibility in the future;
parking is proposed in the front and the rear yard (see Attachment #2 -
Applicant's Conceptual Site Plan);
access to the proposed rear parking area is proposed to be provided by
installing a large overhead door at the rear wall of the existing attached
garage or by converting the existing garage into a carport.
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Regional Official Plan
The Durham Region Official Plan designates the subject lands as Urban Area
- Living Area;
Living Areas shall be used predominantly for housing purposes, certain home
occupations, limited office development and limited retailing of goods and
services in appropriate locations;
the proposed uses appear to conform to the D.R.O.P., however the subject
application will be assessed against the policies and the provisions of Plan
during further processing of the application;
3.2 Pickering Official Plan
designates the subject lands as Urban Residential - Medium Density Area
within the Liverpool Neighbourhood;
permissible uses within this designation include residential uses, home
occupations, limited offices serving the area, and limited retailing of goods
serving the area;
the Liverpool Neighbourhood policies of the Pickering Official Plan state that
consideration should be given to the partial use or reuse, of existing dwellings
on the west side of Liverpool Road, south of Glenanna Road, for business
and professional offices, studios, custom workshops, personal service uses
and limited retail shops;
the applicant's proposal appears to conform to the Pickering Official Plan,
however, the proposal will be further assessed against the policies and the
provisions of the Plan during the further processing of the application;
3.3 Zoning By-law 3036
the property is currently zoned "R3" Detached Dwelling Zone by By-law 3036;
the current zoning permits a residential detached dwelling only;
a zoning by-law amendment is required to implement the applicant's
proposed uses on the property;
the applicant has requested that a business office, a professional office and a
veterinary clinic be added as permitted uses on this property.
Information Report No. 14-08
Page 3
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4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
no comments received to date from area residents;
three emails have been received in support of the application from non-
Pickering residents.
4.2 AQencv Comments
no agency comments received to date;
4.3 Staff Comments
in reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
. reviewing the application in terms of its level of sustainable development
components;
. reviewing the proposed development in terms of compatibility with, and
sensitivity to, surrounding lands;
. reviewing the adequacy of the number of parking spaces proposed and
their location on site to support additional non-residential uses on the
property;
. reviewing the driveway/internal road pattern and access to rear yard
parking, to ensure appropriate vehicle flow;
. reviewing the proposal to ensure that adequate information is provided,
that technical requirements are met and that the proposed site design is
appropriate and pedestrian friendly for the requested additional uses;
the Planning & Development Department will conclude its position on the
application and its design after it has received and assessed comments from
the circulated departments, agencies and public.
5.0 PROCEDURAL INFORMATION
written comments regarding this proposal should be directed to the Planning
& Development Department;
oral comments may be made at the Public Information Meeting;
all comments received will be noted and used as input in a Planning Report
prepared by the Planning & Development Department for a subsequent
meeting of Councilor a Committee of Council;
Information Report No. 14-08
Page 4
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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
a copy of the Applicant's submitted plan is available for viewing at the offices
of the City of Pickering Planning & Development Department
- the Applicant's Justification Report is attached to this report (see Attachment
#3)
6.3 Company Principal
- the owner of the property is 1410967 Ontario Inc;
- the applicant and company principal is Dr. J. Sawyer,
Millenium Veterinary Professional Corporation
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Manager, Develop ent Review
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Attachments
Copy: Director, Planning & Development
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APPENDIX NO. I TO
INFORMATION REPORT NO.14-08
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date
COMMENTING AGENCIES
(1) none received to date
COMMENTING CITY DEPARTMENTS
(1) none received to date
OTHERS
(1) Heather Rogers/George Larochelle (e-mail)
(2) Debra Withers (e-mail)
(3) William Withers (e-mail)
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City of Pickering
PROPERTY DESCRIPTION LOT 22, PLAN 492
OWNER 1410967 ONTARIO INC.
FILE No. A 13{08
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DATE JULY 7,2008
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ATTACHMENT# d TO
INFORMATION REPORT# I 'I 'c) F
INFORMATION COMPILED FROM APPLICANTS
SUBMITTED CONCEPTUAL PLAN
A 13/08 - 1866 LIVERPOOL ROAD
1410967 ONTARIO INC..
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Remove back door and
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carport
To amend the zoning to
add a business office, a
prfoessional and a
veterinary clinic as
permitted uses on the
subject property
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN, JUNE 7, 2008,
ATTACHMENT#~TO
INFORMATION REPORT#
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Justification Report
for Zoning Amendment Application
for 1866 Liverpool Road, Pickering, ON
Jeff Wormald / Dr. Janet Sawyer
Millennium City Veterinary Hospital
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ATTACHMENT#~TO .
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Millennium City Veterinary Hospital (MCVH) is an accredited, full-service
companion animal hospital which has been operating in Pickering's Bay Ridges
Plaza since May 2000. In October 2006, City Council passed a rezoning By-law
enabling the redevelopment of the Bay Ridges Plaza. Since that time, MCVH
has, with the ongoing assistance of numerous real estate agents, sought out an
alternative location for the business, without success. Our top priority criteria in
relocation of hospital operations have included:
(i) location south of the 401, where we are the only veterinary hospital in
Pickering;
(ii) minimum 2,000 square feet of appropriately zoned commercial space;
(iii) grassy area in which to walk dogs;
(iv) proximity to the 401 for ease of access of clients travelling distances
(MCVH has a special interest in birds & exotic animals - services
which are uncommon in companion animal hospitals);
(v) sufficient parking capacity; and,
(vi) non-industrial location.
To date, a location satisfying the above criteria has not been identified. In an
effort to move beyond its current conditions and allow unfettered development of
the Bay Ridges Lands, MCVH has been forced to consider locations that do not
meet their criteria.
In doing so, we have recently identified a possible location at 1866 Liverpool
Road (located n. of Kingston Road and s. of Glenanna on the west side).
Although this location specifically forces us to compromise item i), above, we
believe it to be the only currently available location which would allow us to
continue to serve our largely south Pickering clientele, who we hope would find
the trip up Liverpool Rd. to be acceptable.
1866 Liverpool Road is presently zoned Residential (R3). However, our proposed
use (details of which are shown on the included conceptual drawing) fits with
Pickering's Official Plan to allow commercial uses in this area. Quoting from
Chapter 11, Neighbourhood 12: Liverpool, City Policy, Section 11.14:
"City Council shall, (d) consider the use in part, or reuse, of existing dwellings on
the west side of Liverpool Road, south of Glenanna Road, for business and
professional offices...".
The size of the existing brick dwelling at 1866 Liverpool lends itself to conversion
to a veterinary hospital of similar size to our current location. Further, the
entranceway and layout of the existing building lends itself to conversion to
barrier-free access.
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Our total staff and clientele parking requirements for the proposed location are
based on numerous considerations, including the following:
a) our business is based on consecutive, scheduled appointments resulting
in a predominantly prediCtable and limited number of concurrent clients at
the hospital.
b) Our six full time employees work in shifts.
c) Two of our six employees live in Pickering and one employee makes use
of public transit to get to MCVH.
Based on the above, and our current traffic patterns, our intention is to provision
a total of 13 parking spots to ensure that sufficient parking for our business is
fully facilitated.
The overall lot size also affords sufficient room for the above parking needs,
while leaving a significant portion of the grassy areas of both the front and back
yards intact. As such, we do not anticipate that the proposed usage would
significantly interfere with the neighbours' enjoyment of their properties.
We do not realistically anticipate that noise will be an issue for neighbours. To be
clear, MCVH is a veterinary hospital, not a boarding kennel. As a result,
overnight boarding of animals is not a routine event, and typically occurs only
during recovery, post surgery and for hospitalized patients. For this purpose, dog
wards will be sound-proofed to minimize sound transfer within and beyond the
building, as they are with MCVH's current leaseholds. And although hospitalized
dogs will be walked, they will be walked in the back yard, on leashes, typically
one at a time. It is our experience that the potential for dog-barking noise would
be greater if the property remained residential and a pet dog was placed
unsupervised in the fenced-in backyard.
Sustainability issues also favour rezoning for two significant reasons. First,
rezoning would permit the reuse of an existing brick dwelling, as opposed to the
need to build a new structure specifically for MCVH. Second, rezoning would
potentially avoid the substantial waste of resources associated with a temporary
building in which to house MCVH.
Based on all of the above, and in keeping with the Official Plan, we believe
rezoning 1866 Liverpool Road to retain residential uses and allow professional
offices would be consistent with the City of Pickering's planning and development
goals.
Note: MCVH hours of customer operation are as follows:
Mon-Fri: 8am to 7pm*
Sat: 9am to 3pm
Sun: closed
* customer appointments do not begin until 9:30am.
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Taylor, Lynda
From:
Sent:
To:
Subject:
Georges Larochelle [geolar@sympatico,ca]
August 3, 2008 2:25 PM '
Taylor, Lynda
Zoning Amendment for 1866 Liverpool Rd
Dear Lynda,
This is to inform you that we support the proposal to amend the zoning bylaw in order for Millennium City Veterinary
Hospital to take up residence at 1866 Liverpool Rd,
Sincerely,
Heather Rogers
Georges Larochelle
qeolar@sympatico,ca
( 416)293-2155
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Taylor, Lynda
From: Withersr Debbie [mailto:Debbie.withers@scotiabank,com]
Sent: ThursdaYr July 31r 2008 3:12 PM
To: Cefarattir Rick
Subject: Rezoning Proposal - 1866 Liverpool Rd
To the attention of R. Cefaratti:
I fully support the rezoning application for 1866 Liverpool Rd. to be used for Millennium City Veterinarian Hospital.
In my opinion, this is good planning and appropriate use of the location for a small business.
Please ensure my support for this proposal is recognized at the public meeting on August 18, 2008.
Regards,
'[)~ 'HJ~
90S 426 - ;260
36'71~ era.
Aj4x, ~~
Please consider the environment before printing this email.
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Notice of Confidentiality:
The information transmitted is intended only for the person or entity to which it is addressed and may contain
confidential and/or privileged material. Any review re-transmission dissemination or other use of or taking of
any action in reliance upon this information by persons or entities other than the intended recipient is prohibited.
1
Taylor. Lynda
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From:
Sent:
To:
Subject:
Cefaratti, Rick
July 31,20084:15 PM
Taylor, Lynda < .
FW: Re-zoning application for Millenium City Vetrinary Hospital
Sincerely,
Rick Cefaratti
Planner II
Planning & Development Department
City of Pickering
T: 905.420.4660 ext. 2194
Toll Free: 1.866.683.2760
F: 905.420.7648
rcefaratti@city.pickering.on.ca
www.cityofpickerinq.com
Consider your environmental responsibility - think before you print!
www.sustainablepickerinq.com
From: WILLIAM WITHERS [mailto:wwithers0914@rogers.com]
Sent: Thursday, July 31, 20084:11 PM
To: Cefaratti, Rick
Subject: Re-zoning application for Millenium City Vetrinary Hospital
Dear Mr. Cefaratti,
I would like to voice my support of the re-zoning proposal which will allow MiIlenium City Veterinary Hospital
to relocate to 1866 Liverpool Rd.
As there are many existing businesses located on Liverpool Rd. (North and South of the
401) that service the Kingston Rd retail corridor, this proposed location appears to be a compatibe fit with town
plan. .
Historical planning decisions have allowed many of the existing businesses, both retail and commercial, in
Pickering to operate out of what used to be single family homes, and more recently the new townhouses on
Liverpool Rd. by the waterfront.
I would appreciate it if you would please have my support and comments logged and noted in the staff report to
be presented at the Public Meeting in Council Chambers on Monday August 182008 at 7:30 PM.
Regards,
William Withers,
(905) 426-8260
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INFORMATION REPORT NO. 15-08
FOR PUBLIC INFORMATION MEETING OF
August 18, 2008
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT: City Initiated Application
Zoning By-law Amendment Application A 14/08
1105 Kingston Road
City of Pickering
1.0 BACKGROUND
on July 14, 2008, Pickering City Council passed Resolution 153/08 related to
amending the schedules of Zoning By-law 6778/07 for the Brookdale Centre
Inc. lands (see Attachment #1);
a property location map is provided for reference (see Attachment #2) as well as a
copy of Schedule I and II of amending Zoning By-law 6778/07 (see
Attachment #3);
- the Resolution directed staff to initiate an amendment to the by-law schedules
of amending Zoning By-law 6778/08 to reflect the original City Council
direction that the road dedication from the Brookdale Centre Inc. property be
only 10 metres;
- during deliberation on the rezoning application for Brookdale Centre Inc. at
the June 4, 2007 Planning & Development Committee meeting, three
amendments were adopted to the staff recommendation contained in Report
PD 18-07, and one of the amendments was to realign the east/west section of
the future north road so that only 10 metres was to be conveyed by Brookdale
Centre Inc.;
- the relocation of the road came about by means of a request by Brookdale
Centre Inc. at the June 4, 2007 Planning & Development Committee meeting
when they presented to Committee their requested modification to the
approval of the rezoning application and included a diagram that illustrated a
shared road configuration (see Attachment #4);
- this amendment shifted the location of the proposed future north municipal
road so that any future road dedication would be split equally (10 metres
each) between Brookdale Centre Inc. and the abutting property to the north
(Pentans Development Ltd.);
Information Report No. 15-08
Page 2
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the revised draft zoning by-law schedules provided by staff and adopted by
Council in By-law 6778/07 on June 18, 2007 did not reflect a sufficient
northerly shift in the future road to implement the Committee's direction that
only 10 metres of the future road be located on Brookdale Centre Inc.
property, and in fact illustrated, in error, the full road entirely on Brookdale
Centre Inc. property;
Brookdale Centre Inc. now intends to proceed with development adjacent to
the south limit of the future northerly road and in order to do so requires that
the schedules to Zoning By-law 6778/07 be amended to accurately reflect the
original City Council direction that the road dedication from Brookdale Centre
Inc. be only 10 metres.
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Regional Official Plan
designates the subject lands as Living Areas;
areas designated as Living Areas are intended to be predominantly used for
housing purposes, and may include limited office, retail and personal service
uses;
in consideration of developm~nt applications in Living Areas the intent of the
Plan is to achieve a compact urban form, including intensive residential,
office, retail and service and r:nixed uses along arterial roads and in
conjunction with present and potential transit facilities;
Kingston Road where it abuts the subject lands is designated as a Type B
Arterial Road and as a Regional Corridor,
the proposal appears to conform to the Durham Regional Official Plan;
3.2 Pickering Official Plan
the Pickering Official Plan designates the subject lands as Mixed Use Area -
Mixed Corridors;
permissible uses within Mixed Use Area - Mixed Corridors Area include,
amongst others, a variety of uses including residential, retailing of goods and
services, offices and restaurants;
Mixed Use Areas are intended to have the widest variety of uses and highest
level of activities in the City when compared to other designations;
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 West Development Guidelines that cover the subject lands;
Schedule II of the Pickering Official Plan - Transportation System designates
Highway 401 as a Freeway and designates Kingston Road where it abuts the
subject site as a Type B Arterial Road and a Transit Spine;
Information Report No. 15-08 Page 3
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Type B Arterial Roads are designed to carry moderate volumes of traffic at
moderate to high speed and have some access restrictions;
a Transit Spine is where a higher level of transit service is to be encouraged;
Schedule II of the Pickering Official Plan - Transportation System designates
Dixie Road where it abuts the subject site as Local Roads;
Local Roads generally provide access to individual properties and carries
local traffic;
Schedule III of the Pickering Official Plan - Resource Management designates
a portion of the abutting property associated with the Pine Creek as
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 applications;
3.3 Town Centre West Development Guidelines
the Town Centre West Development Guidelines were adopted by City of
Pickering Council on February 20, 1995;
the Development Guidelines identifies matters such as the land use mix and
arrangement, the scale and intensity of use, the transportation/internal roads
network, engineering matters and community design requirements;
the Development Guidelines also indicates; building setbacks and build-to-Iines,
building heights, vehicular circulation, access, and parking;
the Development Guidelines 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 internal road network planned for the Town Centre West Neighbourhood
is an integral component of development in this area and Council has directed
City staff to report, through the recently initiated Official Plan Review, on the
policy changes required to reflect the changes to the Town Centre West
Development Guidelines based of the approval of the Brookdale Centre Inc.
rezoning application;
3.3 Zoning By-law 3036
the subject lands are currently zoned "MU-21" - Mixed Use Zone by Zoning
By-law 3036, as amended by By-law 6778-07;
the existing zoning permits a variety of commercial uses as well as,
residential apartments located above the first floor of a building;
an amendment to the toning by-law is required to implement Council's
direction respecting the road;
Information Report No. 15-08
Page 4
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4.0 RESULTS OF CIRCULATION
4.1 Public Comments
- Pentans Development Limited, the property owners to the north of the
proposed road, have been in contact with the City, both directly and via their
solicitors, expressing their opposition to any proposed road that would be
partially located on their property or to any planning process that would
establish a future municipal road at this location (see Attachment #5);
4.2 A~ency Comments
no agency comments have been received to date.
5.0 DISCUSSION
as this application is consider a corrective amendment to adjust the by-law
schedules as directed by City Council the Planning & Development
Department will conclude its position on the application after it has received
and assessed comments from the circulated departments, agencies and
public.
6.0 PROCEDURAL INFORMATION
written comments regarding this proposal should be directed to the
Planning & Development Department;
oral comments may be made at the Public Information Meeting;
all comments received will be noted and used as input in a Planning Report
prepared by the Planning & Development Department for a subsequent
meeting of Councilor a Committee of Council;
if you wish to be notified of Council's decision regarding the zoning by-law
amendment application, you must request such in writing to the City Clerk;
if a person or public body that files an appeal of a decision of the City of
Pickering in respect of the proposed zoning by-law amendment, does not
make oral submissions at the public meeting or make written submissions to
the City of Pickering before the zoning by-law is passed, the Ontario
Municipal Board may dismiss all or part of the appeal;
if you wish to reserve the option to appeal Council's decision of the proposed
zoning by-law amendment application, you must provide comments to the
City before Council adopts any by-law for this proposal;
Information Report No. 15-08
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Page 5
7.0 OTHER INFORMATION
7.1 Appendix No. I
list of neighbourhood residents, community associations, agencies and City
Departments that have commented on the application at the time of writing
the report;
7.2 Information Received
as this application is consider a corrective amendment to adjust the by-law
schedules no technical reports have been prepared for this application;
the need for additional information and/or technical reports will be determined
through the review and circulation of the applicant's current proposal;
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Principal Planner - Development Review
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Attachments
Copy: Director, Planning & Development
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APPENDIX NO. I TO
INFORMATION REPORT NO. 15-08
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date
COMMENTING AGENCIES
(1) none received to date
COMMENTING CITY DEPARTMENTS
(1) none received to date
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NOTICE OF MOTION
DATE: JULY 14,2008
MOVED BY: COUNCILLOR DICKERSON
SECONDED BY: COUNCILLOR O'CONNELL
Amendinq Zoninq By-law 6778/07 - Brookdale Centre Inc.
WHEREAS the Planning & Development Committee on June 4, 2007 considered staff
report PD 18-07 being a recommendation report on the second phase of rezoning
application A 03/06 by Brookdale Centre Inc. and adopted three amendments to the
staff recommendation that resulted in changes being required to the draft zoning by-law
amendment and draft conditions of approval; and
WHEREAS one of the amendments shifted the location of the proposed future north
municipal road so that the future road dedication would be split equally (10 metres
each) between Brookdale Centre Inc. and the abutting property to the north (Pentans
Development Ltd.); and
WHEREAS staff revised the draft amending zoning by-law to implement the
. Committee's amendments for Council's consideration and approval; and
WHEREAS the revised draft zoning by-law schedules provided by staff and adopted by
Council in By-law 6778/07 on June 18, 2007 did not reflect a sufficient northerly shift in
the future road to implement the Committee's direction that only 10 metres of the future
road be located on Brookdale Centre Inc. property, and in fact illustrated, in error, the
full road entirely on Brookdale Centre Inc. property; and
WHEREAS Brookdale Centre Inc. now intends to proceed with development adjacent to
the south limit of future northerly road and has requested that the City of Pickering
amend Zoning By-law 6778/07 schedules to accurately reflect the original City Council
direction that the road dedication from Brookdale Centre Inc. be only 10 metres.
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NOW THEREFORE City Council directs staff to initiate an amendment to the by-law
schedules of amending Zoning By-law 6778/08 to reflect the original City Council
direction that the road dedication from the Brookdale Centre Inc. property be only 10
metres; and
FURTHER, that Brookdale Centre Inc. and Pentans Developments Limited be sent a
copy of this resolution.
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City of Pickering
PROPERTY DESCRIPTION CONCESSION 1, PART OF LOT 23, 24
OWNER BROOKDALE CENTRE INC.
FILE No. A 14/08
DATE JULY 24,2008
SCALE 1 :5000
DRAWN BY JB
CHECKED BY RP
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c 2005 MPAC and its suppliers. All rights Reserved. Not c pion of Survey.
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SCHEDULE I TO BY-LAW
AMENDED BY BY.u.W
PASSED THIS 15th
DAY OF October 2007
6778/07
6809/07
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SCHEDULE n TO BY-LAW 6778/07
PASSED THIS 18th
DAY OF June 2007
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Brookdale Centre Inc.
Concerns with Staff Report'& Proposed By-law
June 4, 2007
Our client is concerned staff report relative to the following matters:
1) Mandatory minimum height and second useable storey requirement
should only apply to the buildings fronting along Kingston Road and
not apply to Building B and Building C (Sketch A).
2) Our client requests that the proposed public road be located along
Highway 401, behind Home Depot and Building B (Sketch B).
3) If staff location of the road is approved by Council, we would request
that the road dedication is split equally between benefiting
landowners of 10 metres each (Sketch C).
LEGEND
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SKETCH A
BUILDING AREA
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PART OF LOTS 23 AND 24
CONCESSION I
TOWN OF PICKERING
(FORl..-1ERlY TOWNSHIP OF PICKERING,
COUNTY OF ONTARIO) REGIONAL
MUNICIPALITY OF DURHAM
RADY.PENTEK& EDWARD SUR\I['(ING nD
ONTAAlOlANOSUllVEYOIlS
~65 WIl.'.ON "VENUE, OOWN..'N'EW, ONTARIO
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7050 Weston Road
Suite #230
Woodbridge, ON L4lllG7
T: (905) 761.5588
F: (905) 761.5589
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ACCESS ROUTES
THE SURVEY INfORMATION WAS TAKEN FROM
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PART OF LOTS 23 AND 24
CONCESSION 1
TOWN OF PICKERING
(FORMERLY TOWNSHIP OF PICKERING,
COUNlY OF ONTARIOI REGIONAL
MUNICIPALITY OF DURHAM
RA.OY-PENTElC: & EDWARD SURVEYING LTD
ONTARiO lAND SUll\Il:YOIl,\
41>5 WIL.<;ON "VENUE, DOWNSVIEW, DNTAA,O
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PROJ[CT
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THE SURVEY INFORMATION WA5 TAKEN FROM
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PART OF lOTS 23 AND 24
CONCESSION 1
TOWN OF PICKERING
(FORMERLY TOWNSHIP OF PICKERING,
COUNTY OF ONTARIO) REGIONAL
MUNIClPAlI1Y OF DURHAM
RAOY-PENTEK& EDWARD SURVEYING LTD
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PROJECT
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1105 KINGS ION ROAD
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TClRONTO ONTARIO C/\.NAD!\ M4K 1 V4
416.406,1957
tile h'o.: 104-08
lv1ardl 13, 2008
Byemail:
The Corporation ( it; (,f Pickering
Planning IJcparllBenl
One The Esplanade
Pkk,,,ring. ON
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Pym. Principal Planner
Dear Si r:
He: PENTANS Be\'elopments Limiti.'d
1167-1191 Kingston Road, Ph:kcring
Brookdlll<.' Centre Int.
Bv-law No. 6778/07- Sitt> Plan Application
[ am soLicitor to Pent4HlsDevelopmcnts l.imited, owner of premises known municipally as 1167-
] 19] Kingston Road, Pickering. !vIy client's buildings are fulJy leased, and have enjoyed a
sLlccessful ancllawful use and occupution since their construction by my client in 1979. My clit"nt
recaIls specifically the (fonncr) Town's encouragement fbr, and dirc~tion 10, its proposed land
t1st"~ at this location,
It has come recently to my client' ~ attention that Brookdalc Centre J nc. recently made
application Cor rc/(ming of lands {o {he \vest oflhe Pcntans lands. 10 permit VariDtlS
rdair'comrnerciai uses on said ImlLk The initiative resulted in the City's adoption of By-hnv
6778/D7, An executive oflkcr of my client aUenJ<..'d tbe only public Information session (June 15.
2006) as the suid by-1.m proceeded through tbe municipal approval proccs5.,~v1y client generally
welcorued new development in the area; it was not averse to the orderly commercial
di.''\'clopmcnt of local lands to the bcneJ1t of the City and FenIans. In reliance on Statr
representations, my cli~~nl was satisfied that the proposed Brookdalc rezoning generally
rcprcseIltccJgood land use planning. But under no circumstances would have my client
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REPORT' PO
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acquiesced to any municipal road
or down-7.oni ng of its lands.
l\1y client ,\'as utli:rly incredulous '.vhen it was rt'(:enily advised that as part of the
proposed Brookdalc: site plan ,1 portion of thc "'Futun.: Road" sh()\vn clearly on
Schedules I and n of By-1m\' 6778/07 as being located entirely on the Brookdale lands, has
heen lmilateraJl)' in part to iny client's lands, This, without any statutory
and ,vithout pcrmitIing my c1icnt any inf(frmedopportunlty fix 5ubnl1ssion thereon. And
this no\\\ithstanding: that the rckYl\nl Idal Plan provisions rnakc no accommodation for such
initiative; that such initiativGwould unduly and ,dled tbe operalions 01'111)' cliGn(s
tenants; and that such would !y constrain any !"t'devclnpru('nt opportunity \vhich my
client might enjoy on its lands.
Linder no circumstances '.vill rny client <,c,:cptlhe City presurnption that thesr.: lands will be made
available to the City. elr [hut the necessary lands \vill be "conveyed hy others shown hatched",
To ensure good land use planning. my clknl rccomm\;.'nds that the City require the proposed
Building "('" on .Brookdatc be relocated ..1 () In west of its currently-shmvn
locatiun. This \vould cnSlHC conjimni!y with the aplxoved zoning by-Ia\\' by locating the
proposed "Future \vitblti ar1proved right.ol~way. Otherwise, my client will dIed all of'
its to its operational and development rights \vith respect to its lands,
ab5l:nt from country until !v1:nch 24. 2008:. my clknt n:qucsts a meeting. \vltb you and
the Solicitor as soon as thereafter.
Yours truly.
BR!!CI: \1C'\'1r:\1\
ce. PC'l1tClllS De\cj()pn1t'nt~j .imited
ec. llis \Vorship .!vlayorDavid Ryan