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HomeMy WebLinkAboutPD 15-10 City Report to - Planning & Development PICKERING Committee Report Number: PD 15-10 37 Date: June 7, 2010 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 21/09 Gazarek Realty Holdings Ltd. Part 1 40R-3466, Parts 2, 3, 4 and 5 40R-5805 and Part 1 40R-11779 (1800 Kingston Road) City of Pickering Recommendation: 1. That Report PD 15-10 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 21/09, submitted by Gazarek Realty Holdings Ltd. on lands being Part 1 40R-3466, Parts 2- 5 40R-5805 and Part 1 40R-11779 to broaden the range of commercial uses for the subject lands to include offices, personal service uses, health club and limited retail uses within the existing building be approved; and 3. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 21/09, as set out in Appendix I to Report PD 15-10, be forwarded to City Council for enactment. Executive Summary: The subject lands are located on the southwest corner of Finch Avenue and Kingston Road (fronting Kingston Road east of Brock Road (see Attachment #1 - Location Map). The application involves two adjacent properties; the first is generally triangular-shaped and contains a vacant car dealership building; the second property is generally rectangular in shape and is vacant. The application to rezone was originally submitted only for the triangular portion of the lands that contains the existing building. Subsequently the owner requested to add the rectangular parcel of land that contains no buildings to the application. This report provides recommendations on the basis of both parcels being included. The applicant requests an amendment to the zoning by-law to permit limited additional retail and service commercial uses. The requested uses include a pharmacy, financial institutions, medical and other professional offices; as well as complementary retail and service commercial uses. Subsequent to the public meeting, the owner specifically requested that commercial recreational facility/health club uses be included in the requested zoning by-law amendment. Report PD 15-10 June 7, 2010 Subject: Gazarek Realty Holdings Ltd. (A 21/09) Page ,2 38 Staff do not consider the additional requested uses to constitute significant change to the application and therefore do not consider a recirculation or an additional public meeting to be necessary. The subject lands are located within a Flood Plain Special Policy Area (SPA). The 2005 Provincial Policy. Statement spedifies that development and site alteration shall not be permitted within areas that would be rendered inaccessible to people and vehicles during specific hazardous events including flooding, unless it can be demonstrated that the site can provide safe access appropriate to the nature of the development and the natural hazard. The applicant is requesting that the proposed uses be permitted in the existing building on the subject lands as a way of ensuring that the requested change of use will not have a measurable impact on the extent of the hazard potential already associated with the property (see Applicant's Submitted Plan and Applicant's Proposed Elevations, Attachments #2 & #3). The proposed uses are compatible and appropriate for the subject lands in this neighbourhood and offer the opportunity for a reuse of the existing building in conformity with the Official Plan. The recommended zoning by-law includes a "H"- hold provision to ensure the execution of a new site plan agreement to secure, among other things, the required implementation of flood protection/flood-proofing measures for the vacant parcel of land and revision to the site's access location on Kingston Road for the portion of the site with the building. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: Staffs review of the application against the City's Draft Sustainable Development Guidelines resulted in a score below the Level 1 standard. Due to the nature of the proposal of adding additional commercial uses within an existing commercial building to utilize existing vacant retail space, there are limited opportunities to achieve a Level 1. The development proposal provides opportunities for commercial intensification, efficient use of vacant retail space, greater diversity of commercial uses for the area and takes advantage of existing infrastructure within the City's urban area. The applicant's proposal to reuse the already existing building helps to keep existing resources viable and keeps the materials out of landfill sites for an extended period of time. In addition, there will be an opportunity to improve the sustainable aspects of the subject site through the site plan review process. Background: 1.0 Introduction The owner of the properties has requested to add retail and service commercial uses including a pharmacy, financial institutions, medical and other professional offices as well as complementary retail and service commercial uses including a commercial recreational facility/health club to the existing site specific zoning category. Report PD 15-10 June 7, 2010 I Subject: Gazarek Realty Holdings Ltd. (A 21/09) Page 3 39 Currently, only vehicle sales and rental are permitted on the subject lands. The proposal will be subject to site plan. review to ensure that the City's, Durham Region's and the Toronto and Region Conservation Authority's (TRCA) requirements are addressed prior to the existing building being available for the proposed uses. 2.0 Comments Received 2.1 At the March 1, 2010 Public Information Meeting (see text of Information Report & Meeting Minutes, Attachments #4 & #5) Catherine Reidt of 1744 Finch Avenue, appeared at the Public Information meeting and advised of the cordial relations between area residents and the former car dealership. She further noted that the residents in the area were concerned about a potential increase in the amount of traffic on Finch Avenue, that they would prefer uses with regular hours and quiet weekends and that they were looking forward to providing input into the process. 2.2 Written Public Submissions on the application A letter from Z. Schmerler of Brockington Plaza Inc., objecting to the proposed expansion of uses on the property was received. The letter outlined that an additional commercial plaza on Kingston Road would aggravate businesses that are already struggling to survive and that Brockington Plaza currently has vacancies and experiences frequent changes in tenants. Z. Schmerler also suggested that the new uses would exacerbate traffic congestion at the intersection of Bainbridge and Kingston Road (see Attachment #6). 2.3 Neighbourhood Meeting Held After Public Information Meeting On March 23, 2010 the applicant hosted a neighbourhood meeting in order to further explain the application and the proposed uses that were being requested. The area residents that were in attendance advised of their general concerns with the application and noted various uses that they would consider acceptable. A petition from area residents indicating concern regarding potential uses, and an email from area residents indicating general agreement with the proposed uses have been received (see Attachments #7 & #8). 2.4 City Departments and Agency Comments Region of Durham - the site is designated "Living Area" in the Planning Department Durham Regional Official plan, permitting limited office and retailing uses - the application has been screened in accordance with Provincial Interests and Delegated Review and there is no concern with the application as certain requirements can be addressed through conditions Report PD 15-10 June 7, 2010 Subject: Gazarek Realty Holdings Ltd. (A 21/09) Page '4 40 - Region of Durham - Kingston Road is a Regional Corridor intended to Planning Department be planned and developed for mixed-uses, (continued) including residential, commercial and service areas with higher densities - the proposal is in conformity to the Regional Official Plan the City is requested to investigate the of provision of a sidewalk along Kingston Road the existing municipal water and sanitary sewer service are provided to the site and the redundant 50 mm water connection is to be disconnected - there is a need a relocate the access to the signalized intersection a hold provision is requested to ensure implementation of a site plan agreement (see Attachment #9) Toronto and Region = the subject lands are within a Special Policy Area Conservation Authority (SPA). Site specific policies in the Official Plan (TRCA) are provided to allow for the continued viability of existing uses within SPAs - TRCA staff object to the addition of commercial uses to the vacant parcel (rectangular site) since the SPA is not meant to provide for new or intensified development - TRCA does not object to the additional uses in the existing building as long as the new uses are not prohibited in the Pickering Official Plan - that a holding provision be applied to the zoning by-law amendment to ensure implementation of a site plan agreement incorporating plans including flood protection/flood-proofing measures to the satisfaction of the TRCA (see Attachment #10) No other agency that provided comment has any objection to the subject applications. Report PD 15-10 June 7, 2010 Subject: Gazarek Realty Holdings Ltd. (A 21/09) Page 5 41 3.0 Discussion 3.1 The application has been explained and circulated to the Ministry of Natural Resources (MNR) and the Ministry of Municipal Affairs and Housing (MMHA) Development applications involving lands within Flood Plain Special Policies are required to be circulated to MNR and MMHA. The subject application has been discussed with representatives of MNR, has been explained in detail in written correspondence and has been circulated to both ministries for comment. No comments or concerns have been received from either ministry. 3.2 The TRCA objects to the rezoning of the vacant rectangular parcel of land at the southeast corner of Finch Avenue and Brock Road TRCA has.advised that it objects to new use rights being provided to the vacant parcel of land as these lands are within the SPA. Since the draft zoning by-law deals with both properties, a special requirement has been placed on the vacant land parcel that does not provide any new use rights for this parcel until appropriate measures are provided to the satisfaction of both the City and TRCA respecting flood plain management. The draft zoning by-law (Appendix I to this report) contains a."(H)" Holding Provision that requires the owner to address the flood plain issues associated with the vacant rectangular parcel of, land to the satisfaction of the City, in consultation with TRCA, prior to the implementation of the proposed commercial uses. 3.3 A neighbourhood meeting was held on March 23, 2010 and an email was received providing general agreement of the neighbours to the proposed uses Jerry Gazarek, a principal owner of Gazarek Realty Holdings, hosted a neighbourhood meeting where he explained the SPA and economic issues affecting the property. General discussion occurred on the uses desired by the neighbours and it was concluded that the neighbours would provide planning staff with their list of acceptable uses for the property. An email was received providing general agreement of the neighbours to the proposed uses with provisions that certain uses, that might involve garbage storage or odour emissions, should have site plan approval provisions implemented. It is noted that any site plan solutions such as the requirement for indoor garbage storage facilities and exhaust controls for restaurants must be implemented within the existing building envelope. Other concerns included: • keeping Finch Avenue as a dead end (there is no foreseeable Regional intention to open the east end of Finch Avenue to traffic) • no access to Finch Avenue from the subject property and traffic concerns (the owner has an existing access from the both the triangular and rectangular parcels from Finch Avenue). To date, the owner has not used these driveways as public access locations to the site Report PD 15-10 June 7, 2010 Subject: Gazarek Realty Holdings Ltd. (A 21/09) Page 6 42 • increasing and caring for the tree barrier along the north edge of the property • height restrictions due to resident concerns of potentially living in the shadow of tall buildings. A height restriction is not appropriate at this time, since this zoning by-law amendment relates only to the existing structure on site. Any change to the height of the building or a request for a new structure on the subject lands would require a new zoning by-law amendment application • drainage - no changes, affecting site drainage, will be effected through this development proposal (see Attachment #7) • the neighbours responded favourably to the new request to add commercial recreational and health club uses to the application 3.4 'The proposed uses comply with the Regional Official Plan, the City's Official Plan and the Kingston Road Development Guidelines The applicant's proposal conforms to the Region of Durham Official Plan which designates the subject properties "Living Area" and "Regional Corridor". Regional Corridors are intended to be used for residential, commercial and service areas with higher densities, supporting transit service and featuring a high degree of pedestrian oriented design. Although the proposal does not involve-the intensification through built form, it does provide intensification of use through a greater mix and number of office, recreational, retail and service commercial uses. The City of Pickering Official Plan designates the subject properties "Mixed-Use Area - Mixed Corridor" (Village East Neighbourhood). The proposed uses are in keeping with the Official Plan policies which encourage mixed uses to serve a broader area at a community scale and intensity. Approval of the zoning by-law amendment to permit the requested uses conforms to the City's Official Plan. The site falls within the Brock Road Corridor Precinct of the Kingston Road Development Guidelines. The precinct is expected to remain an auto-oriented corridor with auto-dependant land uses. The proposed reuse of the existing auto dealership building does not conflict with any design expectations of the Guidelines. 3.5 Expansion of uses will not prejudice review of the Corridor The City is currently undertaking a review of the Pickering Official Plan in order to bring it into conformity with the Provincial Growth Plan. Specific areas of the City including the Kingston Road Corridor are being reviewed as potential locations for increased density of residential and employment uses. Approval of the proposed zoning by-law amendment will in no way jeopardize the City's ability to complete its conformity review exercises as they may apply to the subject lands. Report PD 15-10 June 7, 2010 Subject: Gazarek Realty Holdings Ltd. (A 21/09) -Page 7 43 3.6 The proposed uses are appropriate and compatible to existing neighbouring uses The proposed uses would be appropriate, as: • the subject lands are conveniently located to serve both local and community-wide residents • the site already contains well over the required supply of parking spaces for the proposed uses (5.5 spaces per 93 square metres of gross leasable floor space are required, whereas over 7 spaces per 93 square metres of gross leasable floor space are provided) • the increase in intensity of use is expected to have a minimal impact on the existing residents on Finch Avenue due to the transition space provided by Finch Avenue and the on-site landscape features, as long as access points and nuisance issues (such as odour and garbage) are controlled through the site plan approval process • the exclusive reuse of the existing building ensures that minimal visual impact to the neighbours from the subject rezoning amendment would result 3.7 Market Impact Study not required For development proposals involving 2,500 square metres or greater of new or expanded gross leasable floor space, the Pickering Official Plan policies may require the submission of a market impact study as determined by staff through application pre-consultation. The proposed additional commercial uses do not involve the creation of new or expanded gross leasable floor space and a market impact study is therefore not required. The owner did, however, submit a statement prepared by a retail market specialist evaluating the potential need for the study in this instance. This evaluation concluded that recent.market studies conducted in Pickering have identified that current and future market is available. Additions of retail space are both needed and can be accommodated without adverse impact on the market place (see Attachment #11). 3.8 Technical Issues will be dealt with at site plan approval stage The following matters are to be addressed in the required site plan agreement: • relocation of the site access and potential changes to area of paved surfaces and landscaping • ensure that no cut-through traffic will occur between Kingston Road and Finch Avenue • potential need for additional traffic signal equipment • potential minor road widening or sight triangle dedication at the Bainbridge Drive intersection for Kingston Road Report PD 15-10 June 7, 2010 Subject: Gazarek Realty Holdings Ltd. (A 21/09) Page 8 44 • the need for a Traffic Impact study • implementation of measures to ensure elimination of nuisance issues such as restaurant garbage and odours • abandonment and removal of a redundant 50 mm water connection • timing and opportunity for provision of a sidewalk • provision of flood protection/flood-proofing measures 3.9 The amending Zoning By-law will include a "(H)" Holding Provision It is recommended that the amending Zoning By-law include the proposed uses within the existing building on the triangular-shaped site. A "(H)" Holding Provision has been included to ensure requirements of the City, TRCA and the Region are implemented prior to the reuse of the building. For the vacant parcel of land the "(H)" Holding Provision will also include flood plain management matters being satisfied prior to any new use rights being granted. The following chart provides a use summary of the existing zoning use rights compared to the recommended zoning use. Existing, Uses Permitted "CA 3" Pro osed.Additional Uses "CA34' Vehicle sales or rental retail commercial establishment personal service pharmacy financial institution medical and other professional offices and complementary retail and service commercial uses commercial recreational facility health club vehicle sales or rental establishment 3.10 By-law to be forwarded to Council The draft by-law is included as Appendix I to this report which implements staff's recommendation. It is recommended that the attached by-law be forwarded to Council for enactment. 4.0 Applicant's Comments The applicant is aware of the recommendations of this report and concurs with the recommendations. Report PD 15-10 June 7, 2010 Subject: Gazarek Realty Holdings Ltd. (A 21/09) Page 9 45 Appendix: Appendix I: Draft Amendment to By-law 1055/79 Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Applicant's Proposed Elevations 4. Text of Information Report 5. Minutes from March 1, 2010 Statutory Public Meeting 6. Landowners Comment - Z. Schmerler, Brockington Plaza 7. Resident Comment - Catherine Reidt 8. Resident Comment - Neighbouring Residents Petition Expressing Concern 9. Agency Comments -Durham Region Planning Department, dated March 23, 2010 10. Agency Comments -TRCA, dated April 12, 2010 11. Market Impact Statement by Malone Given Parsons, dated December 29, 2009 Prepared By: Approved/Endorsed By: L Isa Jame CIP, RPP Neil Cariol , P, RPP Planner I Director, Plan ' g & Development a~ Ross Pym, MCI V, RPP (Acting) Manager, Development Review Uld Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Co 'I e 27// T s. Q in , R MR., C Chief Adminis rative Officer i Appendix Ito 4 6 Report PD 15-10 Draft Zoning By-law Amendment Application A 21/09 4 7 The Corporation of th f Pickering - B -Io.xxxx Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by 1055/79 and By-law 6134/03, to implement the Official Plan of the City of Pickering in the Region of Durham, Part 1 40R-3466, and Parts 2, 3, 4 and 5 40R-5805, and Part 1 40R11779, City of Pickering. (A 21/09) Whereas the Council of The Corporation of the City of Pickering deems it desirable to amend the existing zoning of the subject lands to replace a "CA3" zone with a "(H)CA3-4" zone, in order to permit additional commercial uses, including retail and service commercial, restaurant, offices, drug store, commercial recreational facility, commercial club and commercial school uses within the existing building on the subject lands being Part 1 40R-3466, Parts 2-5 40R-5805, and Part 1 40R-11779, in the City of Pickering; And whereas an amendment to By-law 3036, as amended by By-law 1055/79 and By-law 6134/03, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule Amendment - Schedule "I" to By-law 1055/79 as amended by By-law 6134/03, is hereby amended by replacing the zoning category "CA3" with zoning category "(H)CA3-4°. 2. Text Amendment (1) Section 2. -Area Restricted of By-law 1055/79 as amended by By-law 6134/03, is hereby amended by replacing zoning category "CA3" with "(H)CA3-4" as follows: The provisions of this By-law shall apply to those lands in Lot 18 and the North Part of Lot 18, Concession 1, Pickering, designated "(H)CA3-4" on Schedule "I" attached hereto. (2) Section 4. - Definitions of By-law 1055/79 as amended by By-law 6134/03, is hereby amended by adding the following definitions and re-alphabetizing and re-lettering the subsections (a) to (u): B -I f x 0 Page 2 48 (b) "Body Rub Parlour" shall mean any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (c) "Business Office" shall mean a building or part of a building in which the management or direction of business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include 'a retail store; (d) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership; (e) "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, or an art school, a golf school or any other such school operated for gain or profit, but shall not include any other school defined herein; (f) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller-skating rinks, squash courts, swimming pools, and other similar indoor recreation facilities are provided and operated for gain or profit, and which may include an arena or stadium but shall not include a place of amusement or entertainment as defined here; (g) "Discount Department Store" shall mean a discount department store, as defined by Statistics Canada, such as but not limited to, Zellers and Wal-Mart, engaged in general merchandising of a wide range of commodities and services which may include, but is not limited to, apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drug items and toys; (h) Drug Store shall mean a building or part of a building in which pharmaceutical prescriptions are compounded and dispensed to the public, and where medicine, medical supplies and associated merchandise, confectionary items, cosmetics, toiletries, periodicals, or similar items of day-to-day household necessity are stored, displayed and offered for retail sale; By-law Page 3 49 (i) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; Q) "Floor Area" shall mean the aggregate of the floor areas of all above and below grade storeys, but shall exclude the floor area of any stairwells, elevators, and any part below established grade used exclusively for storage purposes; (k) "General Merchandise Store" shall mean a general merchandise store as defined by Statistics Canada, such as but not limited to, Bi-Way, Bargain Harolds, and Stedmans, engaged in general merchandising of a wide range of commodities and services, which may include but is not limited to apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drug items and toys; (1) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding those areas used exclusively for storage purposes which are below established grade or within mezzanines, (m) "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, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (n) "Major Department Store" shall mean a major department store as defined by Statistics Canada, such as but not limited to, Sears and The Bay, engaged in general merchandising of a wide range of commodities and services, which may include but is not limited to, apparel, hardware and household goods, garden supplies, automotive supplies, leisure, pet and drug items and toys; (o) "Personal Service Shop" shall mean an establishment in which personal service is performed and which may include a barber shop, beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body rub parlour as defined in the Municipal Act, R.S.O. 1990, c.M..45, as amended from time-to-time, or any successor thereto; (p) "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; B =1a 1 Page 4 5 Q pill- (q) "Restaurant - Type A" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption on or off the premises, but shall not include a drive-thru; (r) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles, or things are stored, kept and offered for retail sale to the public, but shall not include a food store, a discount department store, a major department store, or a general merchandise store; (s) "Specialty Food Store shall mean a retail store specializing in a specific type or class of foods such as an appetizer store, bakery, butcher, delicatessen, fish, gourmet and similar foods; (3) Subsection 5.A. Uses Permitted is hereby amended by replacing zone category "CA3" with "(H)CA34' and by including the following uses as follows: 5. Provisions A. Uses Permitted ("CA3-4" Zone) (a) No person shall within the lands designated "CA34' on Schedule "I" hereto undertake any use for any purpose except as follows: (i) business office (ii) commercial club (iii) commercial school (iv) commercial recreational establishment (v) drug store (vi) financial institution (vii) personal service shop (viii) professional office (ix) restaurant - type A (x) vehicle sales and rental establishment (b) The permitted uses shall only occur within the building existing as of the day of the passing of this by-law on the property being Part 1 40-R3466 and Parts 2-5 40R-5805 generally as shown on the site plan approved on June 21, 2005. Page By-law 1 WL[q., 5 (4) Subsection 5.B. Zone Requirements is hereby amended by replacing zone category "CA3" with "CA3-4" as follows: B. Zone Requirements (a) No person shall within the lands designated "(H)CA3-4" on Schedule "I" hereto, use any lot or erect, alter or use any building or structure except in accordance with the provisions of this subsection. (5) Section 5. is hereby amended by adding a subsections C. and D. as follows: C. Uses Permitted Zone Requirements ("(H)" Zone) (a) Until such time as the "(H)" Holding Provision is lifted, the lands shall not be used for any purpose other than vehicle sales and rental establishment. D. Removal of the "(H)" Holding Symbol (a) The "(H)" Holding Symbol shall not be removed from the "CA3-4" Zone until such time as an updated Site Plan Agreement has been executed and registered to the satisfaction of the City of Pickering and the Region of Durham for the lands being Part 1 40R-3466, Parts 2-5 40R-5805. (b) The "(H)" Holding Symbol shall not be removed from the "CA3-4" Zone for lands being Part 1 40R-11779 until such time as the flood plain issues associated with the lands have been addressed to the satisfaction of the City in consultation with the Toronto and Region Conservation Authority. 3. By-law 3036 By-law 3036, as amended by By-law 1055/79 and By-law 6134/03 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Sections 1 and 2 above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. By-law No. xxxx/10 Page 6 5 4. 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 21 st day of June, 2010. RA David Ryan, Mayor n9A Debbie Shield'?, City Clerk 'S3 ~i~ ` \ \ \ \ 1 `1 ~ ~ 11 11 ~ ANNE \ \ 4oR,3g6 585 3- PPFtIS 2 P PRA PO O O~ SCHEDULE I TO BY-LAW 1055 79 AMENDED BWBY-LA 1 34 03 " AMENDED B XXXX/10 PASSED THI DAY OF MAY 2003 SIGNED goof MAYOR .W& pAr V ED CLERK ATTACHMENTS®TO REPORT# PD 15~ /a 54 a ISLAMIC m w CENTRE LL, 0 } J Q N O j 1 ti• Y RE U NITY PARK m DU ~~I NS CRESCENT co w m FINCH AVENUE FINCH AVENUE ROAD a a 0 ly- w 0 S CT > OPERTY 0-- w } > 0 ~ ~N w o 0 ~\NGS O o o ~ w m o p m Z m C0 DRIVE BAINBRIDGE O ~ J Z W w U COURT w 1RC~E o DENMAR Of < U z PARK > E > o X EECHLAW Y v DRIVE PARK > A m FTMcn City of Pickering Planning & Development Department PROPERTY DESCRIPTION CON 1, PT LOT 18, RP 40R-3466 PART 1 AND RP, 40R-5805 PART 2 TO 5 w OWNER GAZAREK REALTY HOLDINGS LTD. DATE JAN. 22, 2010 DRAWN BY JB FILE No. A 21/09 SCALE 1:5000 CHECKED BY RP /V Data -rces: rpriaea Inc. anal A, euppliera. All right. Re-ed. Not a plan of s-y. PN-9 2009 MPAC anal its s'.ppl;er.. All rights Resen,etl. Not a plan of Survey. ATTACHMENT#- TO 5 5 REPORT# PD. l3' v - C\l m ~WOrF~ , W W ~ ti Y / W w~ 0 b U) ) C a o - J 1. , .1 _ 0 0) Q 0 N Oda c LL c ~ Y W W J cr d Q 00, U z 0 a o z _ z >13000 0000 H HMENW-3-TO s c NOW PD Z~o e e ~ d ~ 56 c i 0 0 i H z W V ' W V) J Q I I I I I I , ~ s I e ~ I I e , w I ° 1 V I 4 I w Z I n 1 I I Z O I 1 Q cco Z Z Fa- I z I m o O m Z I z W~Cl)0 z CR ~ W I w W ZY U) V IL O Z I m O ' CL p m co z T N W ~ O U Q 3 z I I I p I 8 I Q lie? I Z O I Z I a` Z ~ o z Q U Q t3 oW _ a - I Z W W = O 04 _ ~s ATTACHMENT#-T0 5 C offr# PD 1s-`n Information Report Report Number: 01-10 For Public Information Meeting of PICKERING Date: March 1, 2010 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter P.13 Subject: Zoning By-law Amendment - A 21/09 Gazarek Realty Holdings Ltd. (Fieldgate Commercial Properties Ltd.) 1800 Kingston Road (Part 1 40R-3466, Parts 2-5 40R-5805 and Part 1 40R-11779) City of Pickering 1.0 Property Location and Description - the subject lands are located on the north side of Kingston Road east of Brock Road and are approximately 2.6 hectares in area (see Location Map - Attachment #1); - a former vehicle dealership with showroom, offices and repair facilities (now vacant) occupies the eastern portion of the site; - the western portion of the site is undeveloped, but was used as a secondary parking area for the vehicle dealership; - the surrounding land uses include: north - Finch Avenue, large-lot detached houses and townhouses; south - Kingston Road and a one storey shopping centre and townhouses along Bainbridge Drive; west - Canada Post and Durham Regional Police, Finch Avenue and townhouses (under construction); east - Kingston Road and townhouses. 2.0 Applicant's Proposal - the applicant has requested to amend the zoning by-law to permit retail and service commercial uses including a pharmacy, financial institutions, medical and other professional offices as well as complementary retail and service commercial uses (see Applicant's Submitted Plan - Attachment #2); - the applicant is not requesting permission to enlarge or to build additional or new structures on the subject lands; - the proposed uses will occur in the existing building; - the automobile sales and servicing function of the site has been discontinued; - the use of potentially noxious materials required for the servicing of vehicles has ceased. and these materials will be removed from the site; - surface parking (for the eastern, paved section of the site) exists for 266 cars. ATTACHMENT#--4-Z -TO Information Report No. 01-10 REPORW PID Page 2 58 3.0 Official Plan and Zoning 3.1 Provincial Growth Plan - Places to Grow (the Provincial Growth Plan for the Greater Golden Horseshoe) requires intensification of land uses within municipalities' built boundaries; - the required review of the Pickering Official Plan (to bring it into conformity with Places to Grow) may result in changes to the boundaries, designations, prescribed densities, and other policies pertaining to the subject and other adjacent properties; 3.2 Durham Regional Official Plan - the Regional Plan designates the subject property "Urban System - Regional Corridor''; - "Urban System - Regional Corridor" areas are to be planned and developed as mixed-use areas, including residential, commercial and service areas with higher densities; - the proposal appears to comply with the Durham Regional Official Plan; 3.3 Pickering Official Plan - the City of Pickering Official Plan designates the subject property "Mixed-Use Area - Mixed Corridor" (Village East Neighbourhood); - the City is undertaking a review of the Kingston Road Corridor as part of the work required to bring the Pickering Official Plan into conformity with the Provincial Growth Plan and specific policy amendments relating to land use, site development and built form will be considered through this process; - the current Mixed Corridor designation is intended primarily for residential, retail, community, cultural and recreational uses at a scale serving the community; - the subject lands are located within a "Flood Plain Special Policy Area". The Pickering Official Plan allows lands within "Flood Plain Special Policy Areas" to be developed where water velocity or depth during certain flood conditions would not create unacceptable hazard to life or property, when restricted to uses that are not considered highly vulnerable, and where the development would not result in potential environmental impacts and when provided with appropriate flood protection measures; - the. proposal complies with the Pickering Official Plan; 3.4 Kingston Road Corridor Urban Design and Development Guidelines - these guidelines establish a general design framework that supports the long-term vision for the Kingston Road Corridor, and must be considered when evaluating development proposals fronting Kingston Road; - the subject property falls within the Brock Road Corridor Precinct which is to be established as the eastern entrance to Pickering, from Kingston Road and Highway 401; ATTACHMENT#~TO Information Report No. 01-10 REPDRT# PD Page 3 59 the precinct is expected to generally remain an auto-oriented corridor with auto-dependant land uses, but with strengthened pedestrian connections at significant intersections; 3.5 Zoning By-law 3036 - the subject property is currently zoned "CAY - Commercial AutomotiveNehicle Sales and Rental Establishment; - an amendment to the zoning by-law is required to allow any other use on the site; - the applicant has requested an appropriate zone that would permit the proposed retail/commercial uses. 4.0 Results of Circulation 4.1 Resident Comments - none received in response to the circulation to date; 4.2 Agency Comments - Toronto Region and Conservation Authority • accepts the findings and conclusions of the Letter Report describing the flood susceptibility and potential flood-proofing measures for the subject lands and will provide detailed comments as part of their formal response to the rezoning application; 4.3 City Department Comments Development Control • no concern with the application provided that no site changes with respect to grading, drainage or site servicing are proposed; 4.4 Staff Comments - the 2005 Provincial Policy Statement specifies that "(a) Special Policy Area is not intended to allow for new or intensified development and site alteration, if a community has feasible opportunities for development outside the flood plain." (The Planning Act classifies a change in zoning land use category as new development); - staff note that the proposed rezoning does not involve any changes to the site or building form and removes the automotive uses from the subject lands, thereby reducing the chance potential contamination of the Duffins Creek through a flooding event. The TRCA, the Ministry of Municipal Affairs and Housing (MMAH) and the Ministry of Natural Resources (MNR) are aware of staffs position that the proposed rezoning be considered as an interim use until such time as the City completes its conformity exercise including the work necessary to update its Special Policy Areas to align with the most recent TRCA flood plain mapping and MNR and MMHA policies.; ATTACHMENT# Z/ Information Report No. 01-10 REPORT# PD Page 4 60 in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • whether a road widening may be required for Kingston Road; • the site currently has an over-supply of parking. Staff are evaluating whether there is merit in proposing the removal of some of the impervious parking to allow for larger landscape areas even though the proposal is for an interim use; • ensuring that the proposed uses are viable for the location, compatible with and sensitive to existing surrounding development, including traffic, noise, level of activity, scale and intensity of the uses; • resident and neighbouring owner concerns; • agency comments with respect to the uses that could be considered high risk for inclusion within the flood plain; • in consideration of the interim nature of the zoning amendment application a sustainability report was not required. Staff will, however, evaluate and report back on the sustainable aspects of the application. I 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 Council or a Committee of Council; - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 Other Information 6.1 Appendix No. I - list of neighbourhood residents, community associations, agencies and City Departments that have comments on the applications at the time of writing report; 6.2 Information Received copies of the plans and studies listed below are available for viewing at the offices of the City of Pickering Planning & Development Department: Conclusions summarized here are for information purposes only. Further review and staff/agency comments are still required; ATTACHMENT#_~Z_1o Information Report No. 01-10 REPORT#PC Ls-io Page 5 61 Planning Justification Letter (comments required from City and Region) • concludes that the reuse of the existing building and site is a sustainable approach to development of the land and that the proposed uses are more appropriate to the neighbourhood than the former vehicle sales and rental establishment; Limited Phase 11 Geo-Environmental Subsurface Investigation, 2003 (comments required from City Engineering) • concludes that subsurface conditions on the site meet Ministry of the Environment guidelines for commercial uses; - Proposed/Existing Site Plan; (comments required from City and Region Engineering); - Proposed Elevations; 6.3 Company Principal - the owner of the subject property is Gazarek Realty Holdings Ltd.; Fieldgate Commercial Properties Ltd. (Matthew West) is the applicant. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Isa James, MCIP, RPP Catherine Rose, MCIP, RPP Planner II Manager, Policy IJ:jf Attachments Copy: Director, Planning & Development ATTACHMENT#'TO REPORT# PD /5-10 Appendix No. I to Information Report No..01-10 62 Commenting Residents and Landowners (1) none received to date Commenting Agencies (1) Toronto and Region Conservation Authority Commenting City Departments (1) Development Control i ATTACHMENT# ? ~TO REPORT# PO " 40 Excerpts from City Planning & Development - Committee Meeting Minutes Monday, March 1, 2010 63 7:30 pm - Council Chambers. Chair: Councillor O'Connell (III) PART `A' INFORMATION REPORTS 1. Zoning By-law Amendment - A 21/09 Gazarek Realty Holdings Ltd.. (Fieldgate Commercial Properties Ltd.) 1800 Kingston Road (Part 1, 40R-3466, Parts 2-5 40R-5805 and Part 1 40R-11779) City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Ross Pym, (Acting) Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. He also noted that if a person or public body does not make oral or written submissions to the City before the 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. Isa James, Planner II, gave an overview of zoning amendment application A 21/09. Gerry Gazarek the applicant appeared before the Committee in support.of the application. Mr. Gazarek noted that he had not expected to be before Council requesting rezoning but also noted that he had not expected to be told that his GM dealership was to shut down. Mr. Gazarek stated that he needed the rezoning in for his become viable again. He also noted that ezoning n order r h s property to . rezoning was required because there were no opportunities for him to continue in the auto industry at this time. Mr. Gazarek noted that he was willing to work with his neighbourhood and was looking for support after 32 years of contributing to the community. He stated that he had no confirmed tenants for the property and was not interested in opening up the Finch Avenue driveway to the property. A representative for the application appeared before the Committee in support of the application. He noted that the potential of housing in this area was unlikely and stated that they were investigating what would work in the area. He noted that they were aware they would have to work with the residents and were more than happy to work on the plan together. 1 i I ATTACHMENT WORT# PD D Excerpts from City 0~ _ Planning & Development Committee Meeting Minutes Monday, March 1, 2010 64 7:30 pm - Council Chambers Chair: Councillor O'Connell Catherine Reidt, 1744 Finch Avenue, appeared before the Committee and stated that the Gazarek's are great neighbours and noted that the residents in the area were looking forward to adding input into the process. She stated that they liked the idea of a Medical Centre or professional buildings and noted that they would like to see something with regular hours and quiet weekends. She noted that the residents were concerned with additional traffic on Finch Avenue and also noted that they would like to see an increased tree barrier. Ms. Reidt questioned how much height could be placed on the building and noted that the residents did not want to be shadowed by a high building. She also noted additional concerns of drainage problems, additional fill on the site and garbage. Ms. Reidt stated that she realized there would be future meetings and wanted to make sure they were kept informed of the application. She also noted that residents would like to see the driveway that goes onto Finch Avenue not incorporated into the new uses and also stated that she did not want to see a strip mall. A letter from Brockington Plaza Inc. and a petition from area residents were submitted as correspondence to the application. . 2 ATTACHMENT#=TO REPORT# PDT' Z9 65 BROCKINGTON PLAZA INC. 17 Portsmith Road, Toronto, ON M2L 3W7 phone 416 445-8913 fax 416 445-0940 FACSIMILE TRANSMISSIO REC E I V E CITY OF PICKE;RING FAX 4905 420-9685 FEB 1 b 201(j February 17, 2010 FEB 2 2 2010 CORPORATE SERVICES ~CITY OF PICKERfNG City of Pickering PLANNING & DEVELOPMENT DEPARTMENT Pickering Civic Complex One The Esplanade Pickering, ON LI V 6K7 Re: Re-Zoning of the property known as 1800 Kingston Rd. Pickering, ON Zoniniz Amendment Application - A 21/09 We are the owners of the plaza across the street from the applicant. It is our opinion, based on 20 years experience of owning the plaza at 1725 Kingston Road, Pickering, ON, that an additional commercial plaza on Kingston Road will only aggravate businesses who are already struggling to survive. We have vacancies at this time and tenants keep changing quite frequently due to lack of business. The applicant wants to put a pharmacy, there is already a pharmacy at 1725 Kingston Road, restaurants are closing down due to lack of business, and any additional commercial plaza in the area will just expedite the closing by the existing merchants. In addition, the traffic at the intersection of Bainbridge and Kingston Road is already over congested and additional commercial development will have a negative impact on an existing traffic situation a traffic study should be done prior to any consideration given to the application. The applicant claims that the existing plaza has outlived its usefulness, we can argue with this sort of claim, its true that GM closed many of the dealerships due to their restructuring however, there are car imports who still do a thriving business and this location is still a desired dealership and car servicing. Therefore we believe that the present use shall be maintained and for the above reasons we are objecting to the above re-zoning. Yours truly BROCKINGTON PLAZA INC. Z. Schmerler ATTACHMENT# 7 To REPORT# PD /S- 66 From: gordon reidt [mailto:reidtathome@sympatico.caj Sent: April 8, 2010 12:30 PM To: James, Isa Subject: Zoning Amendment Application - A21/09 Greetings Isa, Thank you so much for your call. When we met as a community prior to the March 1 meeting, this is the list of uses that we produced: Medical centre Expanded post office Financial institution Retirement facility Government building of some kind Funeral parlour Professional office, law, insurance etc As we talked we determined that the qualifications that all of these seem to share are that they have regulated hours and are generally quiet in the evening and on weekends. We would be most unhappy with any use that involved food, as garbage and odours are huge concerns. Our other concerns are as follows: Keeping Finch Ave. dead-end No access to Finch from the subject property Increasing and caring for the tree barrier along the north edge of the property Height restrictions - we do not want to live in a shadow Traffic Drainage A question - since the property is undergoing change - would this be the perfect time to realign the exit to that it is situated directly across from Bainbridge and the existing traffic light would contribute to safety and traffic flow? Take care. With thanks, Catherine Reidt ATTACHMENT#-IL-TO I-Cu ,~d I` `A N 6 7 REPORT# PD. S'-i o #zw .To: City of Pickering Feb 20th 2010 Re: Zoning Amendment Application - A 21/09 s I Attention: Debbie Shields City Clerk As residents of the Finch Ave. neighborhood adjoining the subject property, we are KS concerned about the proposed changes. ~ We look forward to being part of a collaborative discussion which will profoundly shape the eastern "gateway to Pickering". We are grateful for your support with past issues and we :tre confident that once again we. be involved in making choices that are beneficial to all. We are looking forward to the March I" meeting and request the opportunity to express our concerns. cc: Mayor David Ryan Ward 1 Regional Councillor Bonnie Litteley Ward 1 City Councillor Jennifer O'Connell Ward 2 Regional Councillor Bill McLean Ward 2' City Councillor Doug Dickerson Ward 3 Regional Councillor Rick Johnson Ward 3 City Councillor David Pickles Sincerely: Name Address Contact # . G S L-e?P R D J 9- (o (o F i cc-f+ Aola 4cs. ' £slo. -449(4 q` 1-)TEFE 1..EP D x-66 F►Qcl`, qos 86. 4a -E?)ivlr) F0, L0La 1,710 5,NGI4 19VR- C/ ar - 1 V f V E N Imo wL 173© f=I^)cI-f K1v'g low ? - V JL-1% vvlr s0.✓ F~~~ =~~✓~cJ/dva ~dS ~Z~ q?,'T Page l of 2 ATTACHMENT#____..---TO REPORT# PD--/.:;f - / 0 68 Re: Zoning Amendment Application - A 21/09 i Name Address Contact # o6E~ '9 so►.~ j73'4-FtMcrt Pu o5--4;Z-2- 902 9`'{' MARL i i I- i 033 -7 g W E OV. U4 l oo N V 6 6- q22 I fA c Al S cif OQt/ 76o F/ti °l~~S L 6 - 3s e; c~(R~~ / sG~fo~~/ Floc 1 o _ X26 - 3s~o 1C2fSi ~N o✓C t 1~6a F'l~(/c ~e %91 - 26 - ~fl j 7 ~f 8 I'i ►v cH A vE CIO's - Z 3 q- q JAG, Lvi2 171E-~ Cr /4-v s i s - c,4 A vli Rogaz TLS d L u Y.3 b 15 - <3• S f39?J-rLL;Y 117 o Luc: rte'- - 5 gl L 85 '1Z ~J .j p'ly' i J <rCC?S~ 6453 --76,9 Page 2 of 2 . I ~ ATTACHMENT#- ~/TO REPORT# PO 6 March 23, 2010 RECEIVED MAR 2 6 20101. Ms. Isa James, MCIP, RPP CITY OF PICKERING PLANNING & DEVELOPMENT Planner II DEPARTMENT Planning & Development Department City of Pickering One The Esplanade The Regional - Pickering, Ontario Municipality L1V 6K7 of Durham Planning Department 605 ROSSLAND ROAD E Re: Application to Amend the Zoning By-law Z21109 4TM FLOOR Applicant: Gazarek Realty Holdings Ltd. PO BOX 623 Location: Part of Lot 18, Conc. 1 WHITBY ON L1 N 6A3 CANADA 1800 Kingston Road 905-668-7711 Municipality: City of Pickering Fax: 905-666-6208 Email: planning@durham.ca We have completed our reviewed of the above-captioned rezoning application, www.durham.ca and comments are provided regarding conformity to the Durham Regional A.L. Georgieff, MCIP, RPP Official Plan, delegated Provincial Plan policies, Regional Transit, the Commissioner of Planning proposed method of servicing, and transportation. The applicant is requesting to amend the zoning of the subject site designated CA3 to permit additional site-specific commercial uses for redevelopment of the existing building. Official Plan Conformity The subject site is designated "Living Area" in the Durham Regional Official Plan. This designation permits limited office development and limited retailing of goods and services. The proposed application conforms with the Regional Official Plan. Kingston Road is designated as a "Regional Corridor," and as a "Transit Spine." It is the intent of this Plan that sites along Regional Corridors be developed as mixed-use areas, which include residential, commercial and service areas with higher densities, supporting transit service and featuring a high degree of pedestrian oriented design. The proposal to permit additional site-specific commercial uses at the site supports higher density developments adjacent to Regional Corridors which is consistent with the policies of Regional Official Plan. "Service ExceHence ror our Comh7unities" G) 1001Y.; Post Consumer i ATTACHMENT -2.10 - i orfr# PD-/S-/o 70 2 Delegated Provincial Plane Policy We have completed the screening of delegated Provincial Plans policy for this application. The subject site was previously an automobile dealership. We will require an environmental site assessment to be completed at the property to ensure there is no evidence of site contamination. There are no other matters of provincial interest applicable to this application. Regional Transit The recently completed Long Term Transit Strategy has recommended the early installation of higher-order transit along this section of Kingston Road. There are no sidewalks provided along the north side of Kingston Road adjacent to the subject site which limits access to and from public transit. We would request the City of Pickering to investigate the possibility of connecting sidewalks along this portion of Kingston Road as part of this application. Regional Servicing The existing 50 mm water connection from Kingston Road is no longer in use and must be disconnected and abandoned at full cost of the applicant. Should upgrades to existing municipal services are needed to support the redevelopment, the applicant may resolve servicing requirements at site plan approval process. Transportation It is expected the redevelopment of the site will increase traffic levels, therefore, the driveway must be relocated to align with the intersection of Kingston Road and Bainbridge Drive to improve the level of service for both pedestrians and vehicles from a safety and operations perspective. The applicant will be responsible for payment of all costs associated with the alignment of the driveway including additional traffic signal equipment. There appears to be sufficient right-of-way across the Kingston Road frontage, however, the Region may require minor road widening or sight triangle dedication at the Bainbridge Drive intersection. This will be determined at the initial design for the traffic signal. ~I A7TACWMENT#-2- -TO 71 REPORT# 3 Traffic Impact Study The preparation of a traffic impact study will be required to support this application. The Region may require additional road improvements based on projected inbound and outbound movements to support the redevelopment. Please do not hesitate to call me at (905) 668-4113, ext.. 2543, if you have. any questions with respect to our comments. Yours truly, Vannitha Chanthavong, MCIP, RPP Planner Current Planning cc: Peter Castellan, Regional Works Department ATTACHMENT#L---TO REPORT# PDT- TORONTO AND )CREGIONT 7 2 onservan for The Living City April 12, 2010 CFN 43477.01 X-REF CFN 41813.04 VIA MAIL AND EMAIL (Iiames cityofpickering.com) Ms. Isa James City of Pickering Pickering Civic Centre 1 The Esplanade Pickering ON L1V 6K7 Dear Ms. James: Re:. Zoning By-law Amendment Application A21/09 on Lands Municipally Known As 1800 Kingston Road Part 1 of Plan 40R-3466 and Parts 2-5 of Plan 40R-5805 and Part 1 40R-1179 (Gazarek Realty Holdings) Staff at the Toronto and Region Conservation Authority (TRCA) have received notice of the application above and, as you know, have participated in pre-application consultations with the Owner and the Owner's agents. We have now had an opportunity to review the application and wish to provide the following comments. Purpose of the Application We understand that the purpose of the application is to amend Zoning By-law 3036, which currently permits a 'Vehicle Sales and Rental Establishment' on the subject lands, by adding additional commercial uses. We further understand that the Owner's application seeks to add additional commercial uses in order to facilitate the re-use of the former automobile dealership building. We note that the Owner's application, as currently set out also seeks to add additional commercial uses to the vacant parcel of land fronting Finch Avenue and Brock Road. Special Policy Area Designation The subject lands are within a Special Policy Area (SPA), as delineated on Schedule III, Resource Management of the Pickering Official Plan. The SPA designation has been approved by the provincial Ministries of Natural Resources and Municipal Affairs and Housing in order to recognize that this portion. of the City of Pickering has historically existed in the flood plain and that site specific policies are required with respect to flood plain management in order to provide for the continued viability of existing uses. The SPA designation provides for relaxed regulation of development within the flood plain recognizing the historically existing uses in the area and the hardship that strict adherence to provincial policies concerning development would cause. A is the understanding of TRCA staff that amendments to zoning by-laws within the SPA to add uses requires approval from the provincial ministries. We further understand that City of Pickering staff have made efforts to contact provincial staff with respect to this application. We encourage city staff to continue to seek provincial concurrence with the application prior to the enactment of the amending By-law. F:\Home\Public\Development ServicesOurham RegionTickering\1800 Kingston_1.wpd Member of Conservation Ontario ~R 1 .5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca i ATTACHMENTS LO TO 7 3 REPORTS PD_ 1S' to Ms. Isa James -2- April 12, 2010 Objection to Additional Uses on Vacant Parcel TRCA staff object to the addition of commercial uses to the vacant parcel located at the southeast corner of the intersection of Finch Avenue and Brock Road. This aspect of the amendment is not consistent with the Provincial Policy Statement, 2005 (PPS 2005); as the SPA is not meant to provide for new or intensified development (See definition of SPA in PPS, 2005). Recommendation Through our pre-application consultation with the Owner, the Owner's agents and city staff, we understand that the Owner seeks to add a limited number of additional commercial uses to allow the existing floor plate of the vacant automobile dealership on the subject lands to remain commercially viable and to be re-used for new commercial uses outside of the former automobile dealership use. In addition, efforts are to be made as part of a future site plan application to increase the flood protection to the existing structure where feasible. Given this prescribed context, TRCA staff do not object to the application subject to the following: • that introduction of new commercial uses shall exclude the prohibited uses set out in Policy 15.31(i)(i) to 15.31(1)(iii) of the City of Pickering Official Plan; • that the amendment include a holding symbol with provisions in the By-law allowing removal subject to the owner having entered into a site plan agreement with the City of Pickering that incorporates plans to the satisfaction of the TRCA with respect to flood p rotection/flood proofing measures and the issuance of a TRCA permit pursuant to Ontario Regulation 166/06; • that the amendment apply to the existing floor plate of the vacant automobile dealership and not to any vacant lands. We would appreciate a copy of the draft By-law once it has been drafted in order to provide further technical input, as necessary. Please contact the undersigned if you have any questions or concerns with the contents of this letter. Yours truly, c Chris Jones, MCIP, ~RPP ' Senior Planner Planning and Development Extension 5718 CJ/ cc: Russel White, Fieldgate Developments (via email only russelw@fieldgatedevelopments.com) Terry Fancy, Ministry of Natural Resources (via email only theresa.fancy@ontario.ca) Louis Bitonti, Ministry of Municipal Affairs and Housing (via email only louis.bitonti@ontario.ca) Steve Heuchert, TRCA (via email only, sheuchert@trca.on.ca) F:\Home\Public\Development Services\Durham Region\Pickering\1800 Kingston_1.wpd ATTACHMENT TO 74 m _ . o # 5- REPORT # PD /MALONE GIVEN PARSONS LTD. December 29, 2009 140 Renfrew Drive, Suite 201, Markham, Ontario, Canada L3R 6B3 Tel: 1-905-513-0170 x106 Fax: 1-905-513-0177 Planning & Development Department www.mgp.ca City of Pickering jjaque@mgp.ca One The Esplanade Pickering, ON L1 V 6K7 09:1891 Attention: Isa James, Senior Planner - Policy Re: The Question of Whether There is a Need for a Market Impact Study in Support of a ZBA Application for the Addition of Retail & Service Uses at 1800 Kingston Rd. As discussed during Pre-consultation meetings with Staff, the owners of the commercial property at 1800 Kingston Rd in the City of Pickering, Gazarek Realty Holdings Ltd, asked Malone Given Parsons for a Letter of Opinion to be provided to the City regarding the question of whether there is a need for a market impact study in support of their ZBA application. It is my understanding that Gazarek Realty Holdings Ltd plans to redevelop the former Sheridan Chevrolet Cadillac car dealership located at 1800 Kingston Rd and requires a ZBA to expand the uses permitted on this property to include retail and service uses. I have examined the subject site and the redevelopment proposal, have discussed this matter with Jerry Gazarek, with Fieldgate Developments and with the City's Planning and Development Staff and have reviewed the applicable City of Pickering Official Plan policies. I am satisfied that in view of the nature and limited scale of the proposed redevelopment and the location of this property and in view of the current Pickering market analysis information which is available and the general market context it identifies, that the City's Staff and Council should not require a market impact study for the purposes of evaluating the Gazarek Realty Holdings Ltd ZBA application. 1800 Kingston Rd is situated in the Kingston Road Corridor a short distance from the Brock Road and Kingston Road intersection, is designated Mixed Use, forms part of a commercial cluster that has evolved since the original zoning for the automobile dealership was put in place and is adjacent to the City's Specialty Retailing Node. While the uses currently permitted are restricted to automotive related retail, this is a commercial site in the City's main commercial corridor and is an appropriate retail and service and professional office use location. 7 5 ATTACHMENT t # TO Isa James, City of Pickering REPURT # PD December 29, 2009 Page 2 (09:1891) The main property totals approximately 4 acres and the existing automobile dealership building is approximately, 40,000 square feet (3,585 square metres). The preliminary development proposal contemplates retaining the existing building and modifying it to accommodate uses such as a pharmacy and medical clinic, professional offices and retail and service commercial tenants ranging in size from 1,750 to 9,015 square feet (162.6 square metres to 837.54 square metres) of ground floor area with some second floor mezzanine or professional space with an estimate of about seven tenants at grade. The City of Pickering Official Plan policies relating to Development Review (15.4) state that: Outside the Downtown Core, City Council in the review of development proposals for new or expanded gross leasable floor space for the retailing of goods and services, a) shall, for the development of 2,500 square metres or greater, of floor space, and b) may for the development of less than 2,500 square metres offloor space as determined through a pre-submission consultation in section 15.2, require a market impact study 1. to justify the proposed floor space for the retailing of goods and services, and 2. to demonstrate that such additional floor space will not unduly affect the viability of any lands designated or developed for the retailing of goods or services. As market consultant engaged by the City of Pickering to carry out Peer Reviews and provide advice to the City on market related matters, I have examined two major Pickering retail market studies that have been conducted in the past two years. These studies addressed development in the Specialty Retailing Node and in Pickering's overall commercial structure, and analyzed retail market demand throughout the City of Pickering and its market area. In my opinion a new market impact study undertaken at this time would not provide fundamentally different information regarding the market support for additional retail space at locations in the Eastern part of the South Pickering urban area than is currently available to staff in the recent studies that have been submitted to the City in support of other applications. The possibility of adverse impacts on established Pickering commercial areas relates in large part. to the nature and size of a development, its location and the presence or absence of market support. The amount of retail and service space in the 1800 Kingston Rd redevelopment will vary according to the proportion of medical and professional facilities in the total 3,585 square metres of project tenant mix. It does appear likely that the retail and service space proportion may exceed the threshold size of 2,500 square meters but in my view can still be regarded as being quite minor in scale and not of a scope likely to have disruptive impacts on other commercial areas. ATTACHMENT #TO C Isa James, City of Pickering REPORT # PD 7V December 29, 2009 co9:is9>> Page 3 Recent market studies have identified Pickering as experiencing a market situation where fairly significant increases in population and expenditure potential are forecast to occur over the near to medium term. This typically provides circumstances where market support is available and additions of retail space are both needed and can be accommodated without significant adverse impact consequences. The objective of the tests in the City's Official Plan is to ensure that new retail developments or expansions to existing retail developments do not have adverse affects that would change the nature of the City's established and future commercial areas or impair their capacity to function as planned. . The information already available to Staff is sufficient to provide a sound basis on which to determine that the addition of a limited quantity of medical, professional office, retail and service uses at the 1800 Kingston Road location would pose no threat to the planned function of the City's Downtown Core Area and commercial areas and will not unduly affect the viability of any lands designated or developed for the retailing of goods or services in Pickering or elsewhere in Durham Region. I trust these comments are helpful. Please do not hesitate to call me if you have questions or wish to discuss these matters or if any aspect of this matter needs to be addressed in further detail. Cordially, JERYL JAQUE wL.l Consultant to MALONE GIVEN PARSONS LTD.