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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 Citl{ o~ I II II 1 I 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 i . ' .~ 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 -. 4 ; -\ ~ \..1 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 :::c.../ /., //~:;;r c;1 / /;Cc:--jCZe ({., Lynda _ ylor, MCIP, PP Manager, Develop ent Review RC:cs Attachments Copy: Director, Planning & Development iI' ,,<. ,",.) 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) ~ F =; I _______ GLENANNA ~~;::: I - H I L == ~= ~\ = L-l / I ~ _ UJ I-- ( r---- v- ~......- D::: _ I-- I-- I '--- 0 - I-- \ I-- - I-- I-- -- I-- -- I-- -- I-- - - I--i=! - _ _Z - - -~ - - -ffi - - - - - - - - - ( SC '< ~~-'?W\\S u:s:: ./'?<. \& ./ ~ f;l-\l-\0-G Y V -------- ~//~~ .// '0-<..,00 / ~/ . f' . ,", ' ub \ II III I I1IIIII MALDEN I II -</ L----- -o~ ;u - fT] UJ o- fT] Z --1- - ~ iY_ ::J- o u- I I -' -' <l: - UJ --' ~ I-- Z" D::: ~ \----- ~-- t:==- u - t- s::~ ~ ~ D/?/v(' (() \------{ - - - - :I 'I " - - w iY <l:_ 6- UJ - - - ~ City of Pickering PROPERTY DESCRIPTION LOT 22, PLAN 492 OWNER 1410967 ONTARIO INC. FILE No. A 13{08 ATTACHMEN1#2-TO INFORMATiON REPORT# / L/ - C ~ w > [t: o - _w- _w_ ->=- _<l:_ _LL_ - - ^' - - ..{-- 0- - ~ <{ I-- 0'-/ ~ Ii' ( I <,,~ ~ Qj GLENGROVE PARK w -' <l: o Z w -' Cl ~ '--- lJi I Jl ~llrmr mrr -II~ BRANDS COURT l-- ~"ITTIIIIIIIIIII II~ ~ r -----, ROAD ~qL, Condo ~/ ~ -' o o D- iY w > -' w 1,0 \0 ./ 0'0 ( ~I It:. 11:::"'7 PRO .II::'.'" I I WI-- -' L- Plaza (!S- z== w-- p.-0 ?-O -<..,'0e \00- ~\GS +-\\~ Fox & Fidq Ie /Sion [ Pickering Town Centre o <l: I--- o D::: -' o o \n \ Planning & Development Department DATE JULY 7,2008 SCALE 1: 1 0000 DRAWN BY JB CHECKED BY RC l' c a ;::,ourcea; ~ Teranet Enterprises Inc. and its auppliers. All rights Reserved. Not 0 pion of survey. 2005 MPAC and its suppliers. All rights Reserved. Not a pion of Survey. PN-RUR E <D L!) N '\ 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.. 54.4 m I ',', . ,.. _ _ _ _ _ n"- ) ; ~ ... , ,\ EXISTING DWELLING y, PROPOSED _.EARKING )' I P P \ . i L' __ 54.4 m Remove back door and all to create a covered carport To amend the zoning to add a business office, a prfoessional and a veterinary clinic as permitted uses on the subject property 'j r7 >.,,1 . o <( o 0::: E --.J <DO L!)O No... 0::: W > --.J ~ 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# I L/ - /; ~ J ~ -, r) i () Justification Report for Zoning Amendment Application for 1866 Liverpool Road, Pickering, ON Jeff Wormald / Dr. Janet Sawyer Millennium City Veterinary Hospital "") ATTACHMENT#~TO . INFORMAll0NREPORT# I Lj !.it" . II \I ': 9 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. 'n IU ., ArrACHMEN'f#~TO I~WORMAT10\'H~'E'PORTft (li () q 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. .1 'j ,U (l~ (/ u i II 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 1 ," Ii - tj 2 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. ----,-""""_.... ----~---.-.__.. .--,---.-----------..---------.--- 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 6' /if i') q Wl" '7 - 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 1 ,I, i ,.~ CiUI 0# 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 r.' ') 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 : I; ! '-- 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 '--I , I i / 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 t) 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; RO~/~ Principal Planner - Development Review RP:ld Attachments Copy: Director, Planning & Development () ) 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 , ,< \..' . "...., f I TO j S":.(t6- . 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. r- I -7C;'0 S 0) 'I 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. )2 ATTACHMENT I REPORT I PO ,J ..'"' Ie; TO ,(; ~) ,-- , .... '-._._---.~-- . '.'.!.::lt~ r-~==II'Mfj If:jB ~ ~~.:.'-u r- C2 == Si: CULROSS AVENU0 /?< -==::v? T CRESCENT == ~ III I \ ?--\~G"--O~ / illJlI~ III- ~ "" \ \ I \ 1\ L\.. c,,,--O?-: / 0 V -COUR! V RAMBLEBERRY AVE. === z rT1i-TI w I //~S) w I II === 2 I \ \ llL z /v ~o 2: '1 ~ (f):S // 25 ';/) ~ ~ ~ / MEADOW ~ E? ~ - I::J ~// ~ 5_ r--< ~v L/ _ 5 CRES ~~~:~. V z' Of-- /'" ~ ~ I I \' g~ ~~ // r-t=. '"- \ \ 1/ ({ G~V "\. ~ROAD . ~\ \/ :0- t---........ ::-:,,,--0 "/=1 J ~\~G <( ~ <<_;l\"--. ~BARTOI g ~\)0 0"0 UNITED (>",0 ~ K~ ~/ SUBJECT PROPERTY o <( o 0:: ~" o -...... ~--- - ~ - 1\0\ r\\Gr\~I>-'i ~ --L-~~ '--., SW((\ . el>-'il...'i ~ ------' AI \\\\\\\\\ \ \ \ 1/;/ w ___r-.--- l8~\I>-~~ ~~ _ ____ r-"'---- ~ ,---'1 ~~ff\ == ~ WA YF AR ER '7 U J--: J': )..D- ---' f-- LANE r E::::= ~ <6 r---"' 0:: > l---J'o"JJ r- 0 t--- <( ~~=;~E~ ~ / PI, ~~n -e~~ ~AVIEI~ Planning & Development Department (L~ r QU r- S\8.((\ 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 l' UO~O ::>ources: c Teranet Enterprises Inc. and itll suppliers. All ri9nts Reserved. Not 0 pion of survey. c 2005 MPAC and its suppliers. All rights Reserved. Not c pion of Survey. PN-8 P'"') ATTACHMENT' ..-S REPORT I PO ., Z / ,) 1 \V \ I \ \ \ \ '02.5m 'f' f\,IT1.JRE RO/I.D 59.2m o <( o Ct: W x o __121178 PN!Tla.2 1--- \:\ \ iD _-\2676 3 \ PNll"S 6-11 \ MU-21 ~ 3 CON 1. PT LOT 2J.24 RP _-6178 PTS. 1,8-11, PART la.17,HI."1 PT '.7,8 ~c AP 4ClA-mg PAAT J ':'( 40\ r\\ Gr\"N A SCHEDULE I TO BY-LAW AMENDED BY BY.u.W PASSED THIS 15th DAY OF October 2007 6778/07 6809/07 l' N ) ,1 '7 I" Ht:){,': .__~?"_.._ _JO ",r',',~" I, ,.', I ~ - I': ;~. I,,,;;>t.,.....:;~ l ;. !- !..!~___.__~,,_,._1..._;^'..L_._ v \V \ \ \ \ I \ o <( o a::: w x o -\- \ \ \ I I 1 I "3: ~i ~I :51 I ~"10.0m I \ I \ I \ I \ \ \ \ \ \ I 1 I , 1 I I 1 I I I'" IV: ,;;: :~ 100~~ I 1 I ,/.J " /' -----'" --- CON 1, PT LOT 23,24 RP 4QA:-5119 PTS. 2.&-11, PARl 15.17,18,IP PT 6,7,8 AND RP 4OR-1I888 PART ;) 4OR-1217S PARTS I-Q 20.0m ""'-12878 PAR'Tlok2 ~ ~ ~ rlIGI-I'NA'< BUILDING ENVELOPE SPECIAL POLICY AREA BUILD TO ZONE HOME IMPROVEMENT CENTRE BUILD TO ZONE l' N SCHEDULE n TO BY-LAW 6778/07 PASSED THIS 18th DAY OF June 2007 40'\ ATTP,CHfv1F0T ffY . TO REPORl # PO / ~ - C it 5_. '. 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 D Cj:- " o 0: G.J 5< '. C5 ! l )~f l/JLciii<i5",J Vf:~~~/ 'f\'0 ONE STOREY BUILDING .~ TWO STOREY BUILDING --'-'- (1-'1' :! IJ/ ~.;;, .... ;(< .--" I --~ r= I- I I I / I ~..... ..... >.> ..~. ~. . ',;~--...>., . ." .. '.. ............i> ... .... ....... !'Oilllllll'" .d ."_m_.. ~ E" ~ ~~-~~~- ~ ,. -~--' --=-~-=-~~~--=--=---~--~,-,-- --~-"-'--- HIGHWAY 401 Scale 1:1,500 ~ ~ I o 10 25 50 100 150 metres SKETCH A BUILDING AREA .', ~~~~~ I~~o~ll~~ WAS TAKEN F~ 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 r";l~ 161635-5000 f"" 141616355001 ~~ ~2 ~ii: O~ %-1 ~~ ~:a ('> \:. ~I- 1 m MHBC 7050 Weston Road Suite #230 Woodbridge, ON L4lllG7 T: (905) 761.5588 F: (905) 761.5589 www.mhbcpl.uu:om -~ PROJECT ~ THE HOME DEPOT .. CANADA INC DRAWING NAME SITE PLAN 1,1500 DRA\\lN8Y CHKOSY ROC A-l00 ) U L-:~~U::::~,~~i#) vt<::// / I ~ '-- (oj '., /~/ ,..... f.... ,;{< " II "HOME DEPOT" ;"r'~/-/ t::= II (ij.~ / ,- CJ:- I / /__ '( "0 _ ;l 6! .:,': I !$' - - - ).,:-,~ - - - ':/' -. r ! " . . . ': -::~~..~:::~~~ ~~~-~.-~-~4~-- LEGEND .~ III . III STAFF REOUESTED ROAD :. .. BROOKDALE PROPOSED ROAD , ~ ! 1 ~ ' c;;:ei >L" =l= $= ~;- * ,~~'- ~ ,,"- ---~ ~ :::t= - , --'-- -+- - =l= ~ -I~ HiGHWA Y 401 I 1 / tJ 7 b "--3> Scale 1:1,500 ~ I~ o 10 25 50 100 150 metres II SKETCH B ACCESS ROUTES THE SURVEY INfORMATION WAS TAKEN FROM SKETCH SHOWING PART OF LOTS 23 AND 24 CONCESSION 1 TOWN OF PICKERING (FORMERLY TOWNSHIP OF PICKERING, COUNlY OF ONTARIOI REGIONAL MUNICIPALITY OF DURHAM RA.OY-PENTElC: & EDWARD SURVEYING LTD ONTARiO lAND SUll\Il:YOIl,\ 41>5 WIL.<;ON "VENUE, DOWNSVIEW, DNTAA,O T.'.141~1635,5000 fCD.141616J5_5(0) -):0- I~ ;:!>~ =:1m cz 2::-1 ~r ~o ~i- VI L ~~~t~ ~~~on Road Woodbridge. ON L4L8G7 m MHBC 1:(905) 76L5588 F: (905) 761.5589 www,mhbcplim.wm PROJ[CT ~ THE HOME DEf'OT ... CANADA INC ~ >~ l$J;}' o " " J, ~.,. ....../ '.' .""6 \ ~ .,,'- ---i- ------,-- ---,- . ~ * ::c:: s : ~ =$= = i ---,--.- ~t- =t= =1= ~=t= c;~~ 1 O~"~. R' T O~-- \V/~ '(' iG E3L C:UN V[ BV B :JC)KD':~l_~ SHOVVI\A I 11"1 25 25 2 I ==.- lidD! i i,_ -- =t= === ill.' !L ~-- ~ 16116 I --.,.--..~ I =:!>- *-.- I _ ---,- c:::':::) "e" C,. Scale 1: 1 ,500 SKETCH C ROAD OWNERSHIP .......-..-' r>l,n,\ './V THE SURVEY INFORMATION WA5 TAKEN FROM SKETCH SHOWING 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 ONTAtlO lAND SUIMYORS 4~ WIl.SON ...VWU~, OOWN5VlEW. ONTAAIO 1..(4)61I>3S-S000f",,(41616J5.S001 I~ ~i: o9l ;g::-I iR~ bI~ ~d tJi I C r- " ~I-- i 7050 We.ston Road Suile#230 Woodbridge, ON L4L 8G7 T: (905) 761.5588 F:(905}761.5589 www.rnhb<:plan.com m MHBC --- -~ PROJECT ~ THE HOME DEPOT ~ CANADA INC 1105 KINGS ION ROAD PLCKER'I<G, 0"1 ~"RIO DRAWING 51 TE PLAN CHKDBY "" 1'0-100 .~ !5 Cc: ~ '1 ''7 " Tl IORNC:'L] r:IL i\ 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 LJ V 6K7 i\ttn: 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 "l :) 1_. ATTACHMENT , REPORT' PO -<: TO /"< C'" , -- \~, - 2 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