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HomeMy WebLinkAboutPD 23-09 Crry o0 REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PD 23-09 Date: July 6, 2009 1 12 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 7/08 S. Golvin & JMPM Holdings Inc. Part of Lot 19, Range 3 B.F.C. (Part 1, 40R-10527 and Part 1, 40R-8832) City of Pickering Recommendation: 1. That Report PD 23-09 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 7/08 be approved to broaden the range of permitted mixed employment uses for the subject property including offices, personal service uses, sales outlets, and various light industrial uses on lands being Part of Lot 19, Range 3 B.F.C., Part 1, 40R-10527 and Part 1, 40R-8832; 3. That the zoning by-law to implement Zoning day-law Amendment Application A 7/08, as set out in Appendix 1 to Report PD 23-09, be forwarded to City Council for enactment; and 4. Further, that Council authorize the Chief Administrative Officer to negotiate with the owners of the subject lands (known as Part of Lot 19, Range 3 B.F.C., identified as Part 1, 40R-10527 and Part 1, 40R-8832) to acquire a portion of the property for public stormwater management purposes, and report back to Council on the general terms and conditions of a possible land purchase. Executive Summary: The applicant requests an amendment to the zoning by-law to permit a range of (commercial) mixed employment uses in addition to the existing industrial uses. Requested additional uses for the subject site include a financial institution, convenience store, limited personal service shops, professional offices and sales outlets. The site is comprised of two abutting properties; the northerly property fronts onto Bayly Street and the southerly property fronts onto Dillingham Road, west of Brock Road (see Attachment #1 - Location Map). The Draft 2007 Frenchman's Bay Stormwater Management Master Plan (FBSWMMP) has identified a portion of the western area of northern property as a potential stormwater management pond facility site. Acquisition of the land required for a pond is currently included in the City's 2009 budget. The introduction of a stormwater management pond does not require special consideration in regard to the rezoning of the subject property, as stormwater ponds are permitted within any zone category. Report PD 23-09 July 6, 2009 Subject: S. Golvin & JMPM Holdings Inc. (A 7/0$) Page 2 It is recommended that this application be approved and that the majority of requested additional uses be permitted. Proposed uses are generally compatible and appropriate for the subject lands and conform to the Pickering Official Plan. It is recommended that a "Sales Outlet" be permitted subject to restrictions on the percentage of floor area associated with sales outlets in order to comply with the Regional Official Plan. A "Sales Outlet" is not a retail store. Use-specific parking requirements and a restriction prohibiting any vehicular on-site through routes connecting Bayly Street and Dillingham Road are also recommended. An (H) Holding provision is recommended for the western portion of the property to ensure stormwater management matters are appropriately addressed prior to development. The draft by-law contains these restrictions and it is recommended that the by-law be forwarded to City Council for enactment. Financial Implications: Costs associated with: the purchase of lands, design and construction of the desired Stormwater Management Pond have been itemized as line item 5321.0910 BI-20 in the approved 2009 budget, $1,750,000 in account #6253 has been identified for land acquisition, design and construction. Sustainability Implications: The applicant's proposal represents an expansion of allowable uses on the property that will provide additional service oriented local employment opportunities within the Brock Industrial Neighbourhood. The creation of a stormwater management pond on the subject property represents a significant opportunity to implement a recommendation from the Draft Frenchman's Bay Watershed Management Master Plan. Realization of this project will significantly contribute to environmental sustainability for the watershed area. Background: 1.0 Introduction The owner of the properties, S. Golvin & JMIPM Holdings Inc., proposes mixed employment uses including offices, personal service uses, limited retail sales, and light industrial uses on the subject lands, located on the south side of Bayly Street, west of Brock. Road (see Attachment #1 - Location Map). The site is currently vacant. Primarily mixed industrial commercial uses exist to the north and west of the subject properties and an automobile dealership (Bessada Kia) abuts the property to the east. The broader surrounding area is comprised of mixed employment uses consisting of retail, personal service, warehousing, trucking and manufacturing uses. Report PD 23-09 July 6, 2009 Subject: S. Golvin & JMPM Holdings Inc. (A 7/08) Page 3 The applicant has submitted a conceptual site plan proposing to develop six separate buildings on.the subject lands with an aggregate gross floor area of 9,300 square metres. The applicant's submitted concept plan and elevations are provided for reference (see Attachments #2 and #3). A Phase 1 Environmental Site Assessment, a Stage 1 and 2 Archaeological Assessment, and a Traffic Impact Study have been submitted in support of the application and are available for viewing at the Planning and Development Department. 2.0 Comments Received 2.1 At the April 7, 2008 Public Information Meeting (see text of Information Report & Meeting Minutes, Attachments #6 & #7) No members of the public in attendance at the public information meeting spoke in support or opposition to the application. 2.2 Written Public Submissions on the application No other public comments have been received. 2.3 City Department and Agency Comments Region of Durham - limited office, commercial and retail uses may be Planning Department permitted as minor components of the employment uses, subject to the inclusion of appropriate provisions in the area municipal official plain and/or zoning by-law; - the amount of gross floor area for the proposed office, personal service and retail sale uses should be limited to reflect their minor and auxiliary role to the industrial uses; - the Phase 1 Environmental Site Assessment (ESA) was prepared in 1999 and only addresses the property that fronts onto Bayly Street. An addendum to the ESA will be required to identify site contamination concerns on the property that fronts onto Dillingham Road and to provide an update onthe assessed site that fronts onto Bayly Street. A holding symbol is encouraged to be used until the submission of a reliance agreement letter has been completed to the satisfaction of the Region; - the Region circulated a Stage 1 and 2 Archaeological Assessment to the Ministry of Culture for review. Comments from the Ministry have not yet been received (see Attachment #8); Report PD 23-09 July 6, 2009 Subject: S. Golvin & JMPM Holdings Inc. (A 7/08) Page 4 Region of Durham - provision of water supply, fireline and sanitary Works Department sewer services as indicated on the site servicing plan is generally acceptable; the all-movements access to the site should be provided at the westerly limit to the site to avoid traffic light progression issues arising from a potential future signalizeftion at Salk Road; the site plan would require changes to accommodate the Region's access drive dimension standards and revisions to accommodate a new all-movements access location; - truck access to the industrial building is to be from Dillingham Road only; - development charges for the development will be applied based on the proposed use of the lands, buildings and structures and not on the zoning designation for the lands; - a servicing agreement for construction of the proposed .Regional services and entrances on Bayly Street will be required; - no objection to the proposed zoning amendment (see Attachment #9); Municipal Property & - traffic concerns for site plan and impact for Engineering Division Dillingham Road not addressed in Traffic Impact Study (see Attachment #10); - resolved through consultant (Sernas Transtech) correspondence (see Attachment #11); - transportation concerns can be addressed at the Site Plan Approval Stage (see Attachment #12); - a stormwater management pond is required on the western portion of the subject property (see Attachment #13); Veridian Connections - no objections; - electric seNice is available; - applicant should contact Veridian should zoning change affect supply requirements; No other agency that provided comment has any objection to the subject applications. i Report PD 23-09 July 6, 2009 Subject: S. Golvin & JMPM Holdings Inc. (A 7/08) Page 5 3.0 Discussion 3.1 The proposed uses comply with the Regional Official Plan and the City's Official Plan The applicant's proposal conforms to the Region of Durham Official Plan which designates the subject properties Urban Amea - Employment Area and permits limited retail, personal service, and office uses in these areas. The northern property is designated Employment Area - Mixed Employment and the southern property is designated Employment Area - General Employment within the Brock Industrial Neigbourhood of the Pickering Official Plan. These designations permit offices and limited retailing of goods and services serving the area, personal service uses, limited retail sales, and industrial uses. Approval of the zoning by-law amendment to permit the limited retail, personal service, office, various group assembly facility in addition to industrial uses would conform with the City's Official Plan. 3.2 The proposed uses are appropriate and compatible uses within the Brock Industrial Neighbourhood The employment designations of the Pickering Official Plan are divided into three categories: General Employment, Prestige Employment and Mixed Employment. The Mixed Employment category is intended to accommodate the widest range of uses, including limited retailing of goods and services, offices and financial institutions, in addition to general industrial uses. The proposed uses are compatible with the surrounding uses. Generally, the properties to the north and east are used for small scale sales and service-oriented operations, while storage and industrial uses prevail on lands to the south. In recent years the City has provided additional land use flexibility to properties in the immediate area (i.e. 1054, 1084 Salk Road & 1735 Bayly Street). It is considered appropriate to allow this property to benefit from updated zoning provisions that implement the policies of the Pickering Official Plan. 3.3 Sales Outlets to be permitted on a limited basis Retail stores are not an appropriate use in a manufacturing zone, however sales associated with certain industrial uses (Sales Outlets) are considered acceptable. A Sales Outlet use differs from unlimited retail as it would operate only as an ancillary component of certain permitted uses on the property (such as a bakery). It is recommended that the maximum area for a sales outlet be limited to no more than 40% of the gross leasable floor area of an industrial use, provided the aggregate gross leasable floor area of all scales outlets in a building does not exceed 25% of the total gross leasable floor area in that building. This approach is consistent with other zoning by-laws in the immediate area. Report PD 23-09 July 6, 2009 Subject: S. Golvin & JMPM Holdings Inc. (A 7/08) Page 6 3.4 No artifacts or other cultural heritage resources were found in the Stage 2 test pits and no remains of historic buildings were noted The City has not received comments from the Ministry of Culture in regard to the Stage 1 and 2 Archaeological Assessment. However, the Stage 2 Assessment . involved shovel testing the site at 5.0 metre intervals. Despite the use of this high-potential testing interval on the entire subject property (excepting only significantly disturbed areas), nothing of archaeological significance, dating to either the historic or precontact time periods, was recovered. Staff agree with the Assessment's conclusion to fully clear the condition for archaeological review on the subject property. However, Site Plan Approval cannot be granted until formal clearance has been received from the Ministry of Culture. 3.5 The Phase I Environmental Site Assessment did not identify any environmental concerns for the property fronting onto Bayly Street, but further work is required for the property fronting onto Dillingham Road A Phase I ESA was conducted on the northern parcel of the subject site, which included review of neighbouring properties, including the southern parcel of the site, for any potential impact. on the northern parcel. No evidence was found to suggest that the northern property has been environmentally impacted as a result of past and present activities on this, site or on adjoining and neighbouring properties. It is suggested, however, that a soils analysis and management program be conducted in the area adjoining 968 Dillingham Road as part of the development process, due to the former use of 968 Dillingham Road for PCB - containing equipment storage. The Region requires the submission of an addendum to the original report to include a review of the southerly parcel of the site and update the report, as well as the submission of a reliance agreement letter. The Region encourages the City to use a holding provision until this matter is resolved. However, as the Phase I ESA found no evidence of previous contamination respecting the property fronting onto Dillingham Road, and as the subject site could be developed today under existing zoning, staff recommend that these Regional requirements be addressed as a condition of Site Plan Approval. 3.6 Stormwater Management Pond and Recommended (H) Holding Provision The Draft 2009 Frenchman's Bay Stormw4ter Management Master Plan (FBSWMMP) has identified a portion of they western area of the subject property as a potentW pond facility site. The Draft Master Plan notes that Krosno Creek is currently experiencing severe channel erosion downstream of Bayly Street and Sandy Beach Road as well as a high level of flood susceptibility above the five year storm elevation south of Bayly Street. The instream water quality is also very poor for Krosno Creek, with a high se4iment load discharging into Hydro Marsh. Report PD 23-09 July 6, 2009 Subject: S. Golvin & JMPM Holdings Inc. (A 7/08.) Page 7 118 This site is only one of two realistically viable locations upstream of existing erosion and flooding areas in Krosno Creak that are outside of the Hydro Corridor. (Hydro One has confirmed that it will not accept stormwater management ponds in its hydro corridors.) The pond sites are required as part of the solution to alleviating Frenchman's Bay Watershed flooding, instream water quality, instream erosion and Bay water pollutant content issues. Funding for acquisition of the required pond lands is currently included in the City's 2009 approved budget. The introduction of a stormwater management pond on the lands does not require special consideration in regard to the rezoning of the subject property as stormvater ponds are permitted within any zone category. An (H) Holding provision is recommended: for the western portion of the property to ensure stormwater management matters are appropriately addressed prior to development. 3.7 Site access, building location/design and internal circulation issues will be addressed at the Site Plan Approval stage The Regional Works Department does not support a main entrance location for the site located directly opposite Salk Road. The Region is concerned that a full- movement entry at this location would impact the eastbound traffic queue waiting to turn north at Brock Road during peak traffic periods. They are also concerned that the entry at this location will further degrade the operation of the public road intersection with Salk Road and increase the likelihood for future signalization warrants at Salk Road thereby reducing adequate traffic signal progression through the area. City staff disagree with the Region's position. The need for the stormwater management. pond on the western part of the property will require relocation of the most westerly proposed access. Relocating this entry further east on-site will add another entry location to Bayly Street, that is not opposite to Salk Road, increasing conflict of vehicle movements. Resolution of the access location will be resolved at the Site Plan Approval stage. All site development matters concerning the City will be addressed through the Site Plan Approval process which will review items such as but not limited to zoning compliance, building massing, faga~e improvements, outdoor lighting, landscaping, accessibility, parking locationand site access. 3.8 Site Specific Amendment to Zoning By-ldw 2511 should be enacted It is recommended that any additional uses and associated zone requirements approved for the lands be regulated to permit limited retail and commercial uses on the property. The provisions included in the draft Zoning By-law relate to proposed uses that are generally permitted in vicinity of the Bayly Street and Brock Road intersection area. Report PD 23-09 July 6, 2009 Subject: S. Golvin & JMP,M Holdings Inc. (A 7/08) Page 8 119 Specific uses have been selected for the lands fronting onto Bayly Street, whereas other uses have been restricted to the lands fronting onto Dillingham Road in accordance with whether the uses would support an attractive streetscape for Bayly Street and how much parking would be generated by the use. Some uses are considered appropriate for both locations. The By-law should: a) Establish and regulate the following as permitted uses on the property (see Attachment #4): Uses permitted in both Uses permitted in only Uses permitted in only Diagonally Hatched and Diagonally Hatched Areas Cross Hatched Areas Cross Hatched Areas Ba I Street Frontage) (Dillingham Road Frontage) bake convenience store banquet facility business office d cleaning de t club commercial school financial institution- commercial club dry cleaning establishment personal service shop commercial-recreational establishment food preparation plant restaurant - Type A exhibition hall light machinery and place of amusement or equipment supplier entertainment light manufacturing plant lace of assembly merchandise service shop lace of worship office-associated commercial establishment printing establishment professional office rental establishment sales outlet scientific, medical or research laboratory vehicle sales and associated repair) warehouse b) limit the maximum area for a sales outlet to no more than 40% of the gross leasable floor area of a permitted industrial use provided that no more than 25% of the gross leasable floor area of the building constitutes sales outlets; c) limit the number of restaurants to three and the maximum aggregate area for all restaurants to 1,000 square metres; d) prohibit parking in the front yard and establish site specific minimum parking requirements relating to the needs of specific uses be included in the amendment to the zoning by-law as outlined in the chart below: Report PD 23-09 July 6, 2009 Subject: S. Golvin & JMPM Holdings Inc. (A 7/08) page g 12 1.8 parking spaces 5.5 parking spaces 8.3 Parking spaces 10 parking spaces per 100m2 gross per 100m2 gross per 100m2 gross per 100m2 gross leasable floor area leasable floor area leasable floor area leasable floor area bakery - business office banquet facility exhibition hall dry cleaning convenience store club establishment food preparation dry cleaning depot commercial club plant light machinery financial institution commercial school and equipment supplier light manufacturing merchandise commercial- plant service shop recreational est blishment printing office-associated place of amusement establishment commercial or entertainment establishment rental personal service place of assembly establishment shop scientific, medical professional office place of worship or research laboratory vehicle sales sales outlet restaurant - Type A (and associated repair) warehouse e) establish a minimum height of 6.5 metres for buildings located in the northerly section of the subject property to help create an effective street edge along Bayly Street; f) establish a building envelope (3.0 metre setback) and build-to-zone (40% of frontage having building wall between 3.0 metres and 6.0 metres of Bayly Street) to maximize the area available for parking, landscaping, and to ensure that a part of the building will be situated in proximity to Bayly Street (see Attachment #5); g) prohibit through traffic on the site to prevent additional vehicular conflict at the Dillingham and Brock Road intersection. 4.0 Applicant's Comments The applicant is aware of the contents of this report and concurs with the recommendations of the report. Report PD 23-09' July 6, 2009 Subject: S. Golvin & JMPM Holdings Inc. (A 7/018) Page 10 APPENDIX: Appendix Draft Zoning By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Building Elevations 4. Proposed by-law site use delineation map 5. Proposed building envelop and build-to-zone 6. Text of Information Report 7. Minutes from April 7, 2008 Statutory Public Meeting 8. Comments from Durham Region Planning Department, dated May 21, 2008 9. Comments from Durham Region Works Department, dated November 27, 2008 10. Comments from Municipal Property & Engineering, dated April 14, 2008 11. Response from Sernas Transtech, dated May 14, 2008 12. Comments from Municipal Property & Engineering, dated May 29, 2008 13. Comments from Municipal Property & Engineering regarding Stormwater Management Pond, dated April 1, 2009 Prepared By: Approved / Endorsed By: Isa Ja es MCP, RPP Ne Carroll, PP Planne I Director, Plan ng & Development Lynda T ylor, MCIP, PP Manager, Develop ent Review U ld Copy: Chief Administrative Officer (Acting) Chief Administrative Officer Recommended for the consideration of Pickering City Council 01/ T m J. Quinn, 015MRJ, CM Chief Administrative Officer APPENDIX I 'TO REPORT PD 23-09 122 DRAFT ZONING BY LAW AMENDMENT APPLIICATION A 7/08 123 THE CORPORATION OF THE !CI PICKERING BY-LAW NO. VIP- Being a By-law to amend Restricted Area (Coning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, on Part of Lot 19, Range 3, B.F.C., Part 1, 40R-8832 and Part 1 , 40R-10527, in the City of Pickering. (A 7/08) WHEREAS the Council of The Corporation of the', City of Pickering deems it desirable to broaden the range of employment uses in addition to the existing employment uses in Part of Lot 19, Range 3, B.F.C., Part 1, 40R-8832 and Part 1 , 40R-10527, in the City of Pickering; AND WHEREAS a further amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULES Schedules I and II attached to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands on Part of Lot 19, Range 3 B.F.C., Part 1, 40R-8832 and Part 1, 40R-10527 in the City of Pickering, designated "MC-21" on Schedule 1 attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. 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 designed to appeal to erotic or sexual appetites or inclinations; -2- OAF' Por V. 124 (2) akery„ shall mean a building or port 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) "Banquet Facility" shall mean a building or part of a building used for the purposes of catering to banquets, Weddings, receptions, or similar functions for which food and beverages are prepared and served on the premises but shall not include a restaurant; (4) "Business Office" shall mean any building or part of a building in which one or more persons are employed! in the management, direction or conducting of an agency, business brokerage, labour or fraternal organization and shall include a telggraph office, newspaper plant and a radio or television broadcasting station and its studios or theatres, but shall not include a retail. store; (5) "Club" shall mean a building or part of a building in which a not-for-profit or non-commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community; (6) "Commercial. Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour as defined herein; (7) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities are provided, and which may include an athletic or recreational club, but shall not include any uses permissible within a place of amusement or entertainment as defined herein; (8) "Commercial School" shall mean aschool which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, an art school, a golf school or any other school operated for gain or profit; (9) "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 neighbourhood; (10) "Dry Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to such processes; i .125 FT -3- (11) T eanin Establishment" shall, mean a building or part of a building where articles, goods or fabric are subjected to dry cleaning and related processes, are received or distributed, or where a dry cleaning plant is operated, or both, and which may include the laundering, pressing or incidental tailoring or repair of articles, goods or fabric; (12) "Exhibition Hall" shall mean a building or part of a building where the temporary exhibition of music, art, goods, wares, and the like are displayed and made available for stale and which may include a flea market use; (13) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (14) "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets; (15) "Light Machinery and Equipment SVpplier' shall mean a building or part of a building in which office furniture and machines, carpet and drapery cleaning equipment, painting, gardening and plumbing equipment, small hand power tools and similar products are stored, offered or kept for wholesaler retail sale to industrial or commercial establishments; (16) "Light Manufacturing Plant" shall mean a manufacturing plant used for the production of apparel and finished textile products other than the production of synthetic fibres; printing or duplicating; the manufacture of finished paper other than the processing of wood pulp; the production of cosmetics, drugs and other pharmaceutical supplies; or, the manufacture of finished lumber products, light metal products, electronic products, plastic ware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; (17) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot'or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; -4- 126 (c) "Lo rontage" 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; (18) "Manufacturing Plant" shall mean a building or part of a building in which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, repairing, ornamenting, finishing, cleaning, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article; (19) "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant or any establishment used for the service or repair of vehicles or a retail store; (20) "Office-Associated Commercial Establishment" shall mean an establishment providing retail goods or equipment required for the daily operation of a business office or professional office, such as a stationery store, a computer store, or an office furniture store; (21) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in section 224(9)(b) of the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; (22) "Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, a theatre, but shall not include a room or an area used for any video lottery terminal use as governed by the Gaming Services Act, or an adult entertainment parlour as defined herein; (23) "Place of Assembly" shall mean a building or part of building in which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment as defined herein; i (24) "Place of Worship" shall mean a building or part of building dedicated to religious worship and may include a church, synagogue, temple or assembly hall along with accessory, office space and nursery facilities, but shall not include a day nursery, day care centre, or nursery school; -5- 127 ORA (25) " Pri g Establishment" shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting; (26) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional. service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined by the Municipal Act, R.S.O. 1990, c. M. 45, as amended from time-to-time, or any successor thereto; (27) "Restaurant - Type A" shall mean s 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; (28) "Rental Establishment" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are offered or kept for offer for rent directly to the jpublic, but does not include the rental of motor vehicles, and does not include a video store; (29) "Sales Outlet" shall mean a building or part of a building accessory to a bakery, a food preparation plant, a light manufacturing plant, a manufacturing plant, a merchandise service shop, a printing establishment, or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products; (30) "Scientific. Medical or Research Laooraton " shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, or where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; (31) "Vehicle Sales Establishment" shall mean an establishment having as its main use the sale, service, rent or lease of vehicles, and which may include an accessory vehicle repair; shop, but shall not include any establishment engaged in the retailjsale of motor vehicle fuels; (32) "Warehouse" shall mean a building !or part of a building which is used primarily for the housing, storage, 0dapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory.use; -6- 128 (33) (a) "Yard" can an area of larhd which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; and (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. i III 1 29 - - IDRA 5. PROVISIONS (1) Uses Permitted ("MC-21 Zones) No person shall within the lands designated "MC-21" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except for the uses and in the locations as prescribed in the following chart: Uses permitted in both Uses permitted in only Uses permitted in only Diagonally Hatched and Diagonally Hatched Cross Hatched Areas as Cross Hatched Areas as Areas as illustrated in illustrated in Schedule I illustrated in Schedule I Schedule I attached attached hereto attached hereto hereto bake convenience store banquet facility business office d cleaning depot club commercial school financial institution commercial club dry cleaning personal service shop commercial-recreational establishment establishment food preparation plant restaurant - T e A exhibition hall light machinery and place of amusement or equipment supplier entertainment light manufacturing plant lace of assembly merchandise service shop lace of worship office-associated commercial establishment printing establishment professional office rental establishment sales outlet scientific, medical or research laboratory vehicle sales establishment warehouse (2) Zone Requirements ("MC-21" Zone No person shall within the lands designated "MC-21" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) BUILDING RESTRICTIONS: (i) - All buildings and structures shall be located entirely within the building envelope illustrated on Schedule II attached to this By-law; -8- 130 (ii) A minimum of 40% of the length of the build-to zone as illustrated on Schedule II attached hereto, shall contain a building or buildings, or part of a building or buildings; (iii) Minimum Building Height in 6.5 metres diagonally hatched area (b) OUTDOOR STORAGE AND DISPLAY (i) Outdoor storage and display is prohibited; (c) PARKING REQUIREMENTS (i) No parking shall be located in the front yard; (ii) There shall be provided and maintained on the lot a minimum of parking spaces calculated in accordance with the following provisions: 1.8 parking spaces 5.5 parking spaces 8.1parking spaces 10 parking spaces per 100m2 gross per 100m2 gross per 100m2 gross per 100m2 gross leasable floor area leasable floor area leasable floor area leasable floor area. bake business office banquet facility exhibition hall dry cleaning convenience store club establishment food preparation dry cleaning depot commercial club plant light machinery financial institution cornimercial school and equipment supplier light manufacturing merchandise commercial- plant service shop recreational est blishment printing office-associated place of establishment commercial amusement or establishment entertainment rental personal service place of assembly establishment shop scientific, medical professional office plane of worship or research laboratory vehicle sales sales outlet restaurant - Type A establishment warehouse 1 31 -s- (iii) Sections 5.21.2(a) and 521.2(b) of By-law 2511 as amended shall not apply to the lands designated "MC-21" on Schedule I attached hereto; (iv) Notwithstanding section 5.21.2(g) of By-law 2511, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (d) SPECIAL REGULATIONS (i) Sales outlet shall be permitted only if accessory to a bakery, a food preparation plant, alight manufacturing plant, a merchandise service shop, a manufacturing plant, a printing establishment, or a warehouse, provided the gross leasable area of the sales outlet does not exceed 25% of the gross leasable floor area of the, bakery, food preparation plant, light manufacturing plant, merchandise service shop, printing establishment, or warehouse; (ii) Notwithstanding Clause A above, a sales outlet may exceed 25% up to a maximum of 40% of the gross leasable floor area of the bakery, food prepairation plant, light manufacturing plant, merchandise service shop, manufacturing plant, printing establishment, or warehouse, provided the aggregate gross leasable floor area of all sales outlets in a building does not exceed 25% of the total gross leasable floor area that buildings; (iii) A maximum of 3 restaurants - Type A shall be permitted; (iv) The maximum aggregate gross leasable floor area for Restaurants - Type A shall be 1,000 square metres; (v) Despite clause 5.(2)(a)(i)B, the build-to zone as illustrated on Schedule II attached hereto, shall not apply to that portion of the frontage of the lot where a stormwater management pond is constructed directly adjacent to Bayly Street; (vi) No vehicular through route providing access between Bayly Street and Dillingham Rood shall be permitted. (3) Uses Permitted Zone Reguirementsi ("H" Zone) Until such time as the (H) Holding ptovision is lifted, the lands shall not be used for any purpose other than any use permitted by the Storage & Light Manufacturing Zone "M1" of Zoning By-law 2511, subject to the provisions of Section 16 of By-law 2511. _10- (4) Removal of the (H) Holding Symbol 132 Prior to an amendment to remove the (H) Holding Symbol preceding the "MC-21" zone category, the following conditions shall be met: (a) An appropriate Agreement shall be executed with and to the satisfaction of the City of Pickering to address stormwater management facilities; (b) The Region of Durham shall advise the City of Pickering that the Regional requirements respecting the submission of a reliance agreement letter has been completed to the satisfaction of the Region. 6. BY-LAW 2511 By-law 2511 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511. 7. EFFECTIVE DATE This By-law shall 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 13 day o uly, 2009. ORA David Ryan, Mayor __nRAFr Debi Wilcox, City Clerk I 133 I Q - - T-------------•-- Q J I a Iz E O I U i i i i BAYLY STREET 4 m T N 21 /,MC . - U B.F.C., RANGE 3, N ITT 'LOT X19 40R-10527, PART 1/ E i i i `-owool i I i i NBC-21 I i i B.F.IC., RANGE - LOT 19, i i E 40Ri 8832, PART 1 j E I i ! E DILLINGHAM ROAD IY I I I 0 ! i i E N SCHEDULE I T Y PASSED THI DAY OF 2009 i i i , i i 134 i • : o o O ! o ~ i Q I V) I ' E I t U . : i ! BAYLY STREET 3.Om Am t! I B.F.C.. RANGE 3. N PT LOT 19 I I 40R-10527, PART 1 I 3.0m-.I i • I I - - I I 3.Om L- I i • I. i I B.F.C.. RANGE 3. PT LOT 19. I t 400-8832. PART 1 I I 3.Om I- 3.Om i j DILLINGHAM ROAD ! : BUILDING ENVELOPE ® BUILD TO ZONE nr/ SCHEDULE H TO Y PASSED THLQ- DAY OF 2009 PEi~Gr~7 # PD7 2~i-OFI 135 0 Q 0 0 f 0 PLUM MER STREET r r = D Y Z n M Y m .Z7 J 0 ~ F/REHALL NO. 5 BAYLY STREET GAYLY 0 0 Qf w Z " S BJECT Q PERTIE 0 0 0 ORANGEBROOK COURT 0 0 C) - Q DON = BEER U ARENA Z J _J QUIjGLEY STREET 0 00 I Y . U 0 to City of Pickering Planning & Development Department PROPERTY DESCRIPTION PT. LT. 19, RANGE 3, B.F.C., 40R-10524, PART 1 4OR49M OWNER S. GOLVIN & JMPM HOLDINGS INC. DATE MAR. 3, 2008 DRAWN BY JB FILE No. A 07/08 SCALE 1:5000 CHECKED BY RC IV p pYlp..: PN± 2,.,055- ECt o d It Inc. and :l. . nigh r.. All r'.pht. R.ssrvstl. Nol o Plon of •urvq. 2005 MPAG and il. .up ii.rs. All r' hl. R.Nrv.tl. NOl o l.n of Surv. . a t~nla`L.~T # 2 TO aa~l~ p~ 2;3-09 INFORMATION COMPILED FROM APPLICANTS 136 SUBMITT I ED PLAN S. GOLVIN & JMPM HOLDINGS INC. A 007/08 BAYLY STREET wou A 1A Ya A. B tM 6,1G92sf GFA $ t D { 3.f sf GFA - g 3°°°D seoo 4,¢455f GFA - s nq - 6'~i£s7o sf . s l~? b Tru FM sous FK MTE 8 F ie ssos 11u is 1 mmit 1J fft1 w A C7 [J v vv y F ii GFA 22,958 sf a shoo . E s~ 1 STOREY Vq, WAREHOUSE AREA GFA 56,458sf noo sr¢ 76200 s OWMWAD .7 s~ .,oo R gi x F{ xy . . iownc 4 if F DILLINGHAM ROAD TO PERMIT MIXED EMPLOYMENT USES ON THE SUBJECT PROPERTY INCLUDING BUI$INESS OFFICES, PERSONAL SERVICE USES, LIMITED RETAIL SALES AND A BROAD RANGE OF LIGHT INDUSTRIAL USES N NIS U4P WAS PRODW O BY IW MY Q' PKKE&Ala N ORWOV & AfV Wr SERKFS~ AWCH I. 2W7. T; "LAT 3 TO REPORT # PD_ 23-09 137 INFORMATION COMPILED FROM APPLICANTS SUBMITTED ELEVATION PLANS S. GOLVIN & JMPM MOLDINGS INC. A 007/08 a V 4~}ww}lpp',,.~ rk }v ; .}a~ t a't ww.M•k^ 41^ti''!.4 •,n}•.. yµ.. >ti~••', `ht+~!'VM r ~ i ~VA. ~ ~ F~M,~•a) Y}ry~4L'% . r: 'N mill SU WG A- SOUR/ EUVAIM I *Mn BIAIDNG A- NOR1N EIEVAl10N (REAR) +3r}~ ~+.yy~,y~ti tkt}~w~. isk'{S • y . :7''71!." 3. WADWO A- EAST EIEVAOON (no W4OM A- WST OLVANON (SIDE) I A ~ kr P WW" S- NORTH 01VASON OVA* a- m am "my) f . OWL0066C N- EAST VXVAYON (DOE) MAO= 4 SEST nZVASW (!OE) rmw YW mms PYTOO cw or TAF an, a HC1ri'n i z #&VAMS rA:W t SU~r .SERNCES A"MI h I. JW7. P,T7A Hl,. SENT # TO RE 'UHT # PD INFORMATION COMPILED FROM APPLICANTS SUBMITTED ELEVATION PLANS S. GOLVIN & JMPM HOLDINGS INC. A 007/08 s r'• ap~.~,y~' ;4, r v } ^dv"""ier 5: ' .a'~r ;r, b. - C- NORM DIVATaM (R[AR) WLOWO C- SCUM EUVASON (TRONT) W~ ~~b'~t .s _ S:N.•s".+Y~iI>h "fit' rA,d y,4r J~t.:.t-,1•,~'.`tr {lxt~vn'~S.'h. i SUSDNO C- EAST ETEVATION (90E) 9URDN0 C- SESi ELEVATION (SIDE) ' w er!c. ~ ~"0~ ;i~+, a ~ ~ ~~Y'- v mow.:' a': + V•t £..+i .,I, .,1r :t: •k:%, 4.' i~r• r~ Sr`t,~, r~ c Yi;"^~~,,. SUUAWO D- NORTH RMOON (REAR) SUSDNO D- SOUTH EIEVATION FRONT). t Y h K '"~'4.~~c'+ M„-7s"a4 NP:^ ~~s~'+^~ ~n,•13°w„ ~~'Y K ROW D- EAST ELEVAAON (901) WADNO D- SEST ELEVATION (SC Q T DVS AW 00 PWWJ= BY W CIFY Or AGCer PLAN" t aEltloAVENr DEfMI%NENT, owomurA7w ! SfA°POYFr StTPNC[S A"ftW 4. 70107. AT 1`ES✓HitNT # TO REPORT 139 INFORMATION COMPILED FROM APPLICANTS SUBMITTED ELEVATION PLANS S. GOLVIN & JMPM HOLDINGS INC. A 007/08 BMtDING E- 19MIN ELEVA (FRONT) a1a+ .1~1! ~afsru}:tis ¢ i'`a.i~ w~ ~ ~ n 1 ~ ..y SS rr trt : 1 'rai t tit rtia 't~+y t ;'y :1... `+4''^ S s NuLOIRO E- swim vma%% lm r 1 x Y 'S < k a f ra . S ,w 2a c vn t t 4i. ~ rS •ti'ya x~ ti} ! <x~ x " } y! r', y, c tV ~ tq s,4 v~i1w `Y. Ny~T a } ! SY L ~ ' a} 2• r4 ~r ♦ ,~r•'ye a a• r {r ~r. " K _ s p.' BUlON10 E- EAST =vAlM (soE) - l i rr a+ u; tR - ~ E,: Y t + s~T z r ~.~i 1 r t i t r s v'R, 5 { 4 4 - f n jn i r` } ; sf rte, S r 'is 'i h'' } 4X ?Fn 'k r'' ~ n ! •is c F } a r w S . ~ ~y r ~ 4a - r +f} n -Si, Y: kj..~•Y f' , J ,t. A h~ .t >f, r n ~f• f ( I 't'i S • "x ~ r., f OINAM E- WMT =VATM (SIDE) A07\ rv rM5 WP NNS PWOID F= Br rlrE L77Y or PIgAZ W4 PCAMVML t aR~CLOPM1ENr mAWnYEHr, awaq Nnav t swpwr sEmcm AURCH s. 21967. 3 arrAc„,Evr# TO REPORT # pD 2~ -pq INFORMATION COMPILED FROM APPLICANTS SUBMITTED ELEVATION PLANS 140 S. GOLVIN & JMPM MOLDINGS INC. A 007/08 X 1 ryf 4 { Y. `~'VU H - % pY F.t~ i . rT 4Z3;1 a t ' 6' Y 'Y~i ~!C ~ q :l~ X~ x w y4 4 ".Y . T' f~ i mxvj i. i- FmTm EtEWSp1 (nmhi) - ` f cr ;,,~t.,~u .r ` m`'"4y~.xe ;ti ii~>4 TH• ~i. lst`h, -ti• r4 +~+1+.+.w ~ , :.~4 'lam y T X a}y7 y".t? r l*T'i ] pu _ a,T~yFk.•1.ayr,yv ~ ~ ~+~+~y 'r. }I.. vy k ~ "b~y i., ~Y etr ;y + ++~`*,,'yirr.+G.~~i~{wXpyV~Tt~~' „t "W G M1 , ro : ,UqH. ':'+.vn F t T' ";G. K k ♦ k u : in"fi K k ~C~„'~e2 S k~,"4i$`e '(y„A • `l: n+ S Y+~~TY7-~S < 't"..'3.~ h MULDW i- MUTH VA11011 i K i.~57'1s.'~ IN v Y 14R S `Y'.,~'`,,,xri- X roe. XX~n DULDING i- EAST EIEYAI M MUADMC i- KST EIMIM (WQ N 716 YIP M F mops FD @Y )w C/ri or PM7rflwrlw PIAWAW & AMONENr A6}IW WWr AVfU9AN7A7W t SLP1g4r MPH= AMNCN I, 7q0). f i , ,Liu7 #-A-TO 141 i , - o lL i - U I i t ! i i BAYLY STREET - i B.F.C., RANCE 3. N PT LOT 19 ' 4DR-10527, PART V ! . i I i i i F.C', RANGE 3, f i _ PT~LOT 19, I ! i 40R-~832~ PART .1 i j DILLINGHAM ROAD I ! 1 I i N it ATTei -TO RE'Ur.T # PD_OGI i , 10 142 o , Q - i - O : : N j i U s i i i i. I i BAYLY 3.Om STREET 3.Om I I I ' B.F.C., RANGE 3. N PT LOT 19 I 40R-10527, PART 1 3.0m--l I 3.0m I.- - I I i 1 - - - i I I i , B.F;C.. RANCE 3, I i f i PST LOT 19. 40Ri-8832, PART 1 I i i I i 3.Om L 3.Om ! I i ! l_ -L---- I. 0 DILLINGHAM ROAD ry I i i BUILDING ENVELOPE ® BUILD TO ZONE N ATTACHMENT ( TO REPORT # PD__1_'3-(~ 143 PICKERING INFORMATION REPORT NO. 10-08 FOR PUBLIC INFORMATION MEETING OF April 7, 2008 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 7/08 S. Golvin & JMPM Holdings Inc. North Part of Lot 19, Range 3 B.F.C. (Part 1, 40R-10527 & Part 1, 40R-8832) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the lands are located on the south side Of Bayly Street, west of Brock Road; - the properties have frontage on Bayly Street and Dillingham Road; - a property location map is provided for reference (see Attachment #1); - the site is currently vacant; - primarily mixed industrial commercial uses exist to the north and west, an automobile dealership (Bessada Kia) abuts the property to the east; - the broader surrounding area is comprised of mixed employment uses consisting of retail, personal service, warehousing, trucking and manufacturing uses. 2.0 APPLICANT'S PROPOSAL - the applicant has requested to rezone the subject lands to permit the establishment of mixed employment uses including offices, personal service uses, limited retail sales and various light industrial uses; - based on the conceptual plan submitted with the application, the applicant is proposing to develop six separate buildings on the subject lands with an aggregate gross floor area of 9300 square metres (100,000 square feet); - the applicant's submitted plan is provided for reference (see Attachment #2). ATTACHMENT # TO Information Report No. 10-08 REPORT # PD - Page 2 144 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regaional Official Plan - the Durham Region Official Plan designates the subject lands as Urban Areas - Employment Area; - establishes that designated Employment Areas shall be used for manufacturing, assembly and processing of goods, service industries, research and development facilities, warehousing, and business parks; - - permits limited personal service uses, a limited number of uses for retailing of . goods and services, and limited office uses; - the subject application will be assessed against the policies and the provisions of the Durham Region Official Plan during the further processing of the application; 3.2 Pickering Official Plan - the Pickering Official Plan designates the north portion of the subject lands fronting Bayly Street as Employment Area - Mixed Employment and the south portion of the subject lands as Employment Area - General Employment within the Brock Industrial Neighbourhood; - permissible uses within the Mixed Employment designation include light manufacturing, warehousing, automotive vehicle sales and repair, offices, personal service uses, restaurants and limited retailing of goods and services serving the area; permissible uses within the General Employment designation include manufacturing, warehousing, automotive vehicle sales and repair, offices, limited personal service uses, restaurants and limited retailing of goods and services as a minor component of an industrial operation; - the applicant's proposal will be assessed against the policies and the provisions of the Pickering Official Plain during the further processing of the application; 3.3 Zoning By-law 2511 - the north portion of the subject lands are zoned "M1" - Storage & Light Manufacturing Zone, and the south portion of the subject lands are zoned "M2" - Yard Storage and Heavy Manufacturing Zone by By-law 2511; - a zoning by-law amendment is required to implement the applicant's proposed mixed industrial/commercial development on the property; - the applicant has requested that Zoning By-law 2511 be amended to permit the establishment of mixed employment uses including offices, personal service uses, limited retail sales and various light industrial uses. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments no comments received to date; ATTACHIMENT # - 74),~, TO Information Report No. 10-08 REPORT # Pa - Page 3 145 4.2 Aaencv Comments no 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 and, locaition of on-site parking to support the proposed uses; • reviewing the proposed development to ensure that adequate information is provided, that technical requirements are met and that the proposed site design is appropriate; • what uses may be added to this Site while maintaining the intent of the current Official Plan designations; • whether any floor area limitations may be required for the commercial uses proposed by the applicant; • as this development proposal is located outside of the Downtown Core, a Retail Impact Study to justify the retail floor space for retailing of goods and services and to demonstrate that the additional floor space will not adversely impact the viability of any lands designated or developed, for retail uses in the Downtown Core may be required; • ensuring that the amount of floor area devoted to retail sales is limited to comply with official plan policies for the employment area; 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 this application has been deemed complete in accordance with the Planning Act, - 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 Council and/or a Committees of Council; if you wish to be notified of Council's decision regarding either the proposed zoning by-law amendment application, you must request such in writing to the City Clerk; if you wish to reserve the option to appeal a decision of the City of Pickering, you must provide oral comments at the public meeting, or written comments to the City before Council adopts for this proposal any zoning by-law amendment; ATTACHAAENT # IU TO Information Report No. 10-08 REPORT # Pp Page 4 146 if a person or public body does not make oral submissions at the public meeting or make written submissions to the City of Pickering before the by-law is passed, such persons or public bodies are not entitled to appeal the decision of Council to the Ontario Municipal Board, may not be entitled to be added as a party to the hearing unless, in the opinion of the board, there are reasonable grounds to do so. 6.0 OTHER INFORMATION 6.1 Appendix No. 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 - full scale copies of the Applicant's submitted plans are available for viewing at the offices of the City of Pickering Planning & Development Department; - a Traffic Impact Study prepared by Sernas Transtech was submitted with the subject application; - a Phase 1 Environmental Site Assessment prepared by The Hazcon Group Ltd. , was submitted with the subject application; - a Phase 1 and 2 Archaeological Assessment prepared by Advance Archaeology was submitted with the subject application; - the need for additional information willbe determined through the review and circulation of the applicant's current proposal; 6.3 Company Principal - the subject lands are owned by Stuart Mark Golvin and JMPM Holdings Limited., in an equal partnership; - the authorized agent is Kevin J. Tunney of Tunney Planning Inc. ORIGINAL SIGMOBY 'RIGINAL SIGNM Rick Cefaratti Lynda Taylor, MCIP, RPP Planner II Manager, Development Review RC: jf Attachments Copy: Director, Planning & Development ATTACHMENT # TO REPORT # PD O 147 APPENDIX NO. 1 TO INFORMATION REPORT NO. 10708 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date i ATTACHMENT # 7 TO REPOR? f'f3 3-0 Excerpts from City Planning & Development Committee 14 8 Meeting Minutes PICICER. Monday, April 7, 2008 7:30 pm - Council Chambers Chair: Councillor Littley (1) PART `A' - PLANNING INFORMATION MgETING 2. Information Report 10-08 Zoning By-law Amendment Application A 7108 S. Golvin & JMPM Holdings Inc. North Part of Lot 19, Range 3 B.F.C. (Part 1, 40R-10527 & Part 1, 40R-8832) City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to an application submitted by S. Golvin & JMPM Holdings Inc. for property being composed of the North Part of Lot 9, Range 3, Broken Front Concession bein9Part 1, 40R-10527 and Part 1, 40R- 8832. Lynda Taylor, Manager, Development : Review, gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also noted that if a person or public body does not make oral or written submissions to the City before a by-law is passed, that person or public body are not entitled to appeal the decision of City Council to. the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. Rick Cefaratti, Planner II, gave an overview of zoning amendment application A 7/08. Kevin Tunney of Tunney Planning appeared before the Committee in support of zoning amendment application 7/08. No members of the public in attendance at the public information meeting spoke in support or opposition to zoning amendment application A 07/08. 1 ATTACH E#4T # TO D # P REPORT 49 May 21, 2008 RECEIVED Rick Cefaratti, Planner II - Planning and Development Departme?4AY 2 3 2008 City of Pickering One The Esplanade CITY OF PICKERING Pickering, Ontario PU►NNIDEPAR-n EIS ""°'T The Regional L1 V 6K7 Municipality of Durham Mr. Cefaratti: Planning Department Re: Zoning Amendment Application A07108 605 ROSS LAND .ROAD E Applicant: S. Golvin & JMPM Holdings Inc. 4T" FLOOR PO Box 623 Location: Lot 19, Range 3, Broken Front Concession WHITBY ON L1N 6A3 Municipality: City of Pickering CANADA 905-668-7711 -'ax: 905-666-6208 We have reviewed this application to amend the zoning on the above noted mail: planning@ properties. The following comments are offered for your consideration at this time. regiondurham.on.ca www.region.durham.on.ca The purpose of the application is to, permit the establishment of mixed employment uses including offices, personal service uses, limited retail sales and various light A.L. Georgieff,. MCIP, RPP industrial uses. Commissioner of Planning Regional Official Plan The lands subject to this application are designated "Employment Area° in the Durham Regional Official Plan. Section 8C.2.1 of the Plan indicates Employment Areas are for manufacturing, assembly and processing of goods, services industries, research and development facilities, warehousing, business parks, limited personal service uses, hotels, storage of goods and materials; retail warehouses, freight transfer and transportation facilities. Further, section 8C..2.7 of the Plan indicates limited office, commercial and retail uses may be permitted. as minor components of the primary processing and/or manufacturing uses, subject to the inclusion of appropriate provisions in the area municipal official plan and/or zoning by-law. The amount of gross floor area for the proposed office, personal.sarvice and retail sale uses should be limited to reflect its minor and auxiliary role to the proposed industrial use. Transportation Bayly Street (Regional Road 22) is designated a Type 'A' arterial road and a Minor Transit Corridor in the Durham Regional Official Plan. Additional comments will be provided once they become available from the Regional Works Department. "$ervice Excettence for q r Commuhities" 100% Post Consumer ATTACHMENT #~TO REPORT # Pb _n9 150 Provincial Policies & Delegated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. - Site Contamination Potential A Phase I. Envirommnental Site Assessment (ESA) prepared by The Hazcon Group Ltd., indicates no significant environmental concerns were identified. The Phase* I ESA was conducted on the property that fronts onto Bayly Street, and did not include the property that fronts onto Dillingham Road. Further, the Phase I ESA is dated.September/October.1999. As such, an addendum to the Phase I ESA will be required to identify: site contamination concerns on the site that fronts onto Dillingham Road; and an update on the assessed site that.fronts onto Bayly Street. Upon review of an addendum to the Phase 1 ESA, as per Regional policy, a reliance letter should be submitted for all development applications that. have undergone a Phase I ESA. A holding symbol is encouraged to be used in conjunction with the required zoning category and not removed until such time as the submission of a reliance agreement letter has been completed to the satisfaction of the Region. Archaeological Potential A Stage 1 and 2 Archaeological Assessment prepared by Advance Archaeology was submitted as part of the subject application. The assessment has been circulated to the Ministry of Culture for review. Additional comments will be provided once. they become available from the Ministry of Culture. Regional Services Comments regarding the availability of Regional services will be provided once they are made available from the Regional Works Department: Due to the outstanding issues indicated above, the Region does not recommend approval of this application at this time. Please contact me should you have any questions or require any additional information regarding this matter. H Tang, Planner Cu ent Planning ATTACHMENT # TO 1 51 REPORT # PD ro November 27, 2008 City of Pickering Planning & Development Department. Pickering Civic Complex One the Esplanade Pickering, Ontario L1 V 6K7 The Regional Attention: Lynda Taylor, 0 r ty oua Manager, Development Review Works Department Re: Site Plan. Application: S09/08 605 ROSSLAND ROAD Zoning By-law Amendment Application A07/08 PO BOX 623 WHITBY ON LIN6A3 Nivlog Investments Ltd. and JMPH Holdings Inc. CANADA 1635 Bayly Street 05) 668-7711 ax: (905) 668-2051 City of Pickering E-mail: Our File No: P-08-010 works@region.durham.on.ca www.region.durham.on.ca The Regional Works Department has reviewed the above-mentioned zoning C. R. Curtis, P. Eng., MBA amendment application and site plan application and offers the following Commissioner of Works Comments. Municipal Servicing The provision of a sanitary sewer connection, domestic water supply and fireline as indicated on drawing SS-1 are generally acceptable.. Minor revisions have been shown on the !attached marked up plan. Traffic Impact Study The following comments have been provided by the Region's Traffic and Transportation Divisions for the Traffic Impact Study and supplementary information submitted in.support of this development. A field review of the proposed development site and Bayly Street access locations has also been completed) by staff from these divisions. As previously discussed with the applicant-and their engineering consultant (Sernas Transtech), the Region's Works Department has agreed to permit two entrances to the site from Bayly! Street, one all-movements located near the west limit of the site and one right-in/right-out located east of Salk Road (between Buildings 'C' and 'D'). 2 "Service. Exceftwe for our Comrrwnities` ATTACHMENT # TO REPORT # PC._ 152 -2- We understand that the site owner has a strong preference for the all- movements access to be aligned with Salk Road. Based on our reviews of the information that has been submitted by Sernas Transtech and the existing on-site conditions, the Region cannot agree to locate an all- movements access opposite Salk Road. The reasons for our position are as follows: • The eastbound left turn queue at the Bayly Street/Brock Road intersection extends through the Salk Road intersection at times during the p.m. peak period. Vehicles turning left in-and out of the site would rely on "courtesy gaps" in this queue in order to complete their turns and would block traffic in through' Janes on Bayly Street while waiting for gaps, creating a risk of collisions. There is also a high risk of collisions when turning vehicles cut through a queue, as the queued vehicles block visibility of approaching traffic in the adjacent through lane. Locating the all-movements entrance as far west on the site as possible would minimize (but not eliminate) this issue. • Traffic turning left in and out of Salk Road currently experiences poor levels of service due to high through traffic volumes on Bayly Street. As a result, drivers often turn through smaller than desirable gaps in through traffic flow, and southbound drivers often make two-stage turns, stopping in the westbound through lanes to wait for a gap in the eastbound traffic. These behaviours cause an increased risk of collisions. Introducing a new entrance on the south side of the Bayly Street/Salk Road intersection would exacerbate the existing operational and safety problems, as vehicles turning left in and out of the entrance will be in conflict with vehicles turning left in and out of Salk Road. We cannot support the introduction of a private entrance that will further degrade the operation of a public road intersection when a suitable alternative entrance location is available. • We acknowledge Sernas Transtech's concern regarding potential left turn conflicts with entrances on the north side of Bayly Street, if the all- movements access is located at the west limit of the site. The entrance closest to the west limit of the; site is for a fire hall, and the adjacent entrance to the east is for.a smell used car dealership. Neither of these entrances generates a significaint volume of traffic. The probability of left. turn conflicts at these entrances is low, and could be further reduced by shifting the all-movements site entrance easterly a small amount to align with one of the north side driveways. 3 REPORT # PD. ' 153 -3- Creating a four-leg intersection on Bayly Street at Salk Road while introducing additional traffic coinflicts and delays increases the potential that there will be a future demand and/or warrant for a traffic signal at this location. The Bayly Street/Salk Road intersection is not suitable for signalization due to its proximity to the existing traffic signal at Brock Road and the spacing between Brock Road and the future traffic signal at Toy Avenue. Since signalizing the Bayly Street/Salk Road intersection would severely compromise our ability to maintain adequate traffic signal progression and traffic operations on this section of Bayly Street, we cannot support creation of a condition that could help drive future demands for a traffic signal at this location. Site Servicing and Grading Plans The site plan will require revisions to reflect the Bayly Street access arrangement described above. The proposed entrances on Bayly Street shall be designed as follows: • Turning movements at the right-in/right-out entrance are to be controlled with a "trumpet" island in the driveway throat. • Right turn tapers, 85 m in length, will be required at both of the Bayly Street entrances. The tapers are to•be designed and built to Regional standards at 100% developer cost. We will require submission of engineering drawings and cost estimates for these improvements prior to Site Plan Approval. . As previously discussed with the applicant, truck access to the industrial building (Building 'E') is to be from Dillingham Road only. This restriction is to be enforced by physical barriers to prevent the passage of tall vehicles on the north-south internal site driveways adjacent to the building. The barriers are to be shown on the Site Servicing Plan. The Bayly Street widening shown on the Site Servicing Plan is acceptable. This property is to be conveyed to the Region as a condition of Site Plan Approval. Development Charges Development charges will be applied based on the proposed use of the lands, buildings and structures aid defined in the Region of Durham's Development Charge By-law and not on the zoning designation for the lands. 4 -4- i ATTACHIM.IENT # / TO REPORT # P ~ 154 Servicing Agreement The Works Department will require the Owner to enter into a servicing agreement for construction of the proposed Regional services and entrance construction on Bayly Street.- Based on the foregoing, the Region of Durham's Works Department has no objection to the proposed zoning amendment application. We will require a resubmission of the site plan application including site servicing and grading plans revised per the attached marked up plan and aforementioned comments Yours truly, Ga a Pete Castellan Development Approvals Division PC Encl. C. T. Barnett, City of Pickering 1. James, City of Pickering H. Tang, Region of Durham D. Robertson, Region of Durham A. Spencer, Region of Durham I CL ttf ATTACHMENT #_~7Q 1 5 5 , t REPORT # PD_ 2 209 t A994 101 PICKERING MEMO To: Rick Cefaratti April 14, 2008 Planner II From: Kashif Shaikh, M.Eng. Coordinator, Transportation Engineering Copy: Division. Head, M P& E Subject: Zoning By-law Amendment Supervisor, Engineering & Capital Works Application A 07/08 S.Golvin & JMPH Holdings Inc 'Part of Lot 19, Range 3, B.F.C City of Pickering Please be advised that the Transportation Engineering Staff has reviewed the Traffic Impact Study prepared by Sernas Transtech along with the `Site Plan-Site. Statistics' in support of the captioned project. Comments related to Transportation Engineering include the following:- The Traffic Impact Study indicates that a full) access driveway will be provided to Dillingham Road. However there is no mention of dimensions for spacing of the access/driveway on the site plan. It needs to be plotted • The Traffic Impact Study does not address traffic concerns "on Dillingham Road and their implications (if any) associated to the proposed development on the subject road. This needs to be addressed • The Traffic.Impact Study indicates that all out .bound movements from the proposed development will be under stop control. It is suggested to plot the same on the site plan AL The proposed site is a future industrial/commercial development (as per the Traffic Impact Study) therefore proposed daily truck trips, their types along with their planned accesses. to the proposed site needs to be clearly addressed/ summarized • The following information is missing in Site Plan which needs to be addressed accordingly:- (i) roadway configuration on Dillingham Road and Salk Road (ii) internal traffic circulation plan in this proposed development including directional arrows and signs (if any) indicating traffic (iii) truck turning path along with turning radius, truck length and width Trusting that the above is satisfactory, should you have any questions please do not hesitate to tact me. f SERNAS TRANSTECH ATTAGFi11,"E!1!T_ II T R Member of The Sernas Group Inc. REPORT # PD 156 RECEIVED 110 Scotia Court', T•905.686.6402 Whitby, ON F-905-432-7877 MAY 2 0 2008 Lt N 8Y7 sernastranstech.com May 14, 2008 OITY OF PICKERING PLANNING & DEVELOPMENT City of Pickering DEPARTMENT Municipal Property & Engineering Division Operations & Emergency Services Department Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 Attention: Mr. Rick Cefaratti Transportation Planning Planner II Traffic Engineering Dear Mr. Cefaratti: , Functional Road Design Traffic Management Plans Re: Traffic Study Parking Studies Industrial/ Commercial Development Traffic Impact Studies Bayly Street and Salk Road City of Pickering Site Circulation and Design Application A 07108 Our Project No. 07267 Thank you for passing along Mr. Kashif Shaikh's comments dated April 14th, 2008. His comments are repeated below (in italics) with our responses following. 1. The Traffic Impact Study indicates that a full access driveway will be provided to Dillingham Road. However there is no mention of dimensions for spacing of the access/driveway on the site plan. It needs to be plotted. The driveway was shown on the site plan included in the report. The latest site plan is attached. 2. The Traffic Impact Study does not: address traffic concerns on Dillingham Road and their implications (if any) associated to the proposed development on the subject road. This needs to be addressed. The scope of the study was discussieed with and approved by Shahid Matloob, formerly with the City of Pickering. It was noted; that a low volume of predominantly truck traffic would utilize the Dillingham Road access and that the majority of site traffic (most employee and 100% patron) would utilize the Bayly Street Access. It was agreed that the study was to be conducted under the requirements of the Region of Durham. The scope agreed to by both the City and the Region of Durham ;only included the impacts of site traffic on Bayly Street immediately adjacent to the site. 3. The Traffic Impact Study indicates that all outbound movements from the proposed development will be under stop control. It is suggested to plot the same on the site plan. This information will be included withthe site plan application. 2/ i 1 5 7 aTTACHr4~E~uT ' / REPORT # PD City of Pickering Mr. Rick Cefaratti May 14, 2008 Page 2 4. The proposed site is a future indgstriaUcommercial development (as per the Traffic Impact Study) therefore proposed daily truck trips, their types along with their planned accesses to the proposed site needs to be clearly addressed/summarized. Specific tenants for the development are unknown at this time. The warehouse component of the development has been designed to accommodate nine W1317.5 design vehicles (tractor trailers). The site has been designed to prevent access from/to the Bayly Street access by this type of vehicle by the placement of overhead barriers. It is anticipated that a maximum of nine tractor trailers would visit this site per day via Dillingham Road. The commercial component of this development has been designed to accommodate a SU-9 design vehicle (single unit delivery truck) bringing goods to each building. It is anticipated that no more than five of this type of vehicle would visit the site via Bayly Street per week. The majority of these trips, by both types of vehicles, would occur outside of the studied peak hours. 5. The following information is missing in Site Plan which needs to be addressed accordingly.• 1. Roadway configuration on Dillingham Road and Salk Road 11. Internal traffic circulation plan in the proposed development including directional arrows and signs (if any) indicating traffic 111. Truck turning path along with turning radius, truck length and width The latest site plan is attached. Some of this information is currently missing and will be included with the site plan application. Should you require further clarification on any of the above, please do not hesitate to call the undersigned at (905) 686-6402. Yours truly, SERN T fE A late, Senior Project /Manager DWA/ml Attach. cc: Nivlog Investments Limited, Attn: Mr. Stuart Golvin Tunney Planning Inc., Attn: Mr. Kevin Tunney ATTACHMENT # 2 TO cis o~ REPORT # PD. 3-+7 158 copy PICK I MEMO To: Rick Cefaratti May 29, 2008 Planner II From: Kashif Shaikh, M.Eng Coordinator, Transportation Engineering Copy: Supervisor, Engineering & Capital Works Subject: Zoning Amendment Application A 07/08 Part of Lot 19, Range 3, B.F.C City of Pickering Thank you for sending the formal reply to my comments on the captioned project authored by David W. Angelakis, Associate Senior Project Manager, in his most recent letter to the City of Pickering dated: May 14, 2008. I have reviewed the same and as per our discussion on April 15, 2008, the following need to be addressed when the formal site plan application is submitted:-, • Dimensions for spacing of the access/driveway • Showing all 'Signage' in the development as indicated in Traffic Impact Study Report of the captioned project • Roadway configuration on Dillingham. Road and Salk Road • Internal traffic circulation plan in the proposed development including directional arrows and signs (if any) indicating traffic • Truck turning radius inside the development as well as truck turning radius on, the access point from*Dillingham Road All of the above comments were outlined in my comiments. previously sent to your office. If you have any questions, please contact me at extension 2213. i City o J 9 ATT[,CHJEAlT# TO REPO # FD - APa - 3 2009 MEMO CKERING .,20j jar= pLpNNlp PAR MENT . To: Evertt Buntsma Apri11,2009 Director, Operations & Emergency Services From: Marilee Gadzovski, M.Sc.(Eng.), P.Eng. Stormwater & Environmental Engineer Copy: Director, Planning & Development Director, Corporate. Services & Treasurer Division Head, Municipal. Property & Engineering Subject: Budget Request for Land Acquisition for a 8t o rmwater Facility within Part of Lot 19, Range 3, B.F.C:, City of Pickering, S. Golvin &.JMPH Holdings Inc. South side of Bayly Street on the east side of the Hydro Corridor The Frenchman's Bay Stormwater Management Master Plan, (FBSWMMP) Draft 2007 Final Report had identified the above-noted land as a potential site for a stormwater pond facility. The selection of potential pond facility sites was made on the basis of how successful the solutions were in meeting the.Master Plan's goals and objectives (ie. targets). A simplified set of targets were developed to compare alternatives, these included; :flooding, instream water quality, instream erosion potential and pollutant export to the Bay. The FBSWMMP summarizes the key watershed wide factors as well as local issues affecting each main tributary to Frenchman's Bay as a basis for development of project goal and targets. As noted in the report, Krosno Creek is currently experiencing severe channel erosion downstream of Bayly Street and Sandy Beach Road as well as a high level of flood susceptibility . above the 5 year storm elevation south of Bayly Street. The instream .water quality is also very poor for Krosno Creek, with a high sediment load discharging into Hydro Marsh. Site selection was also based on the proximity of storm sewer outfalls into watercourses, such that large scale infrastructure works were not required (ie. relocating storm sewers or increasing downstream channel capacity etc.) as well as the availability of space outside the 100 year storm elevation.'. As this site met all of the targets for the Master Plan it was included as one of 6 potential surface facilities that in total wily treat up to 58% of runoff that flows into Krosno Creek flows. Moreover, this facility is recommended in the first 5 years of the Master Plan projects. It should be noted that this site is only one of two realistically viable locations upstream of the existing erosion and flooding areas in Krosno Creek that are outside of the Hydro Corridor. The proposed stormwater facility would treat stormwater runoff from 11.9 ha of industrial area that currently discharges uncontrolled and untreated into Krosno Creek. The pond design would include storage for the 100 year storm to a 5 year storm level, erosion control for the 25 mm storm as well as permanent pool volume for an enhanced level water quality. ATTACHh ENT TO REPORI # PD .160. Other alternatives to alleviate the above-noted flooding, erosion and water quality concerns were investigated and ruled out as viable options. One option that technically would work is to provide flood storage in the upstream ditches on Salk Road in order to alleviate some of the downstream flooding and erosion problems. However, this would involve reconfiguring the Salk Road ditch to store water for an extended period of time. In order to gain the large amount of storage in the ditches that is required, the depth of water would be high, which would be a concern from a liability point of view. As well, this option would be a concern from. a West Nile Virus perspective as it would entail standing water for long periods, especially the summer months. Providing Stormceptors (oil/grit separators) at the outlet of Salk Road would provide some water quality treatment, however, the amount of sediment removal would not be as great as a stormwater pond as Stormceptors can only effectively treat drainage areas that are 5 ha or less. Finally, as noted in the Master Plan, surface stormwater facilities are the most cost-effective stormwater controls on a unit cost for equivalent sediment removal. In addition to the above, I have received verbal confirmation today from Hydro One that they would not allow a stormwater management pond within Hydro Corridor lands as it would be within an active corridor (I am awaiting. written confirmation). They do not allow permanent uses within. active corridors -as they prevent further expansion of the transmission lines, as well, ,they do not support the conflicting uses of electricity lines above an open water facility. Moreover, it was stated that if they were to allow it, then they would have to sever the land, which would- result in a non-linear hydro corridor, which is-not desirable to them. In order to further the implementation of the Frenchman's Bay Stormwater Management Master Plan every opportunity for future projects needs to be identified by Staff, and supported by Council. Being proactive and fulfilling projects that have been identified as local high priority issues will not only lessen the current stress on Krosno Creek, but will illustrate to the provincial and local approval agencies that the City of Pickering is serious about the Master Plan as a whole and not just the high profiled end-of-creek facilities in the Provincially Significant Wetland at the north=end of Frenchman's Bay. Please let me know if you have any questions or require any additional information. MG:mg April 1, 2009 Page 2 Budget Request for Land Acquisition on Bayly St.