HomeMy WebLinkAboutPD 19-10
cialoo Report to
Planning & Development
PICKERING Committee
Report Number: PD 19-10
- Date: June 7, 2010 17 2
From: Neil Carroll
Director, Planning & Development
Subject: Zoning By-law Amendment Application A 2/10
City Initiated Application
'1167 and 1199 Kingston Road
South Part of Lot 24, Concession 1
City of Pickering
Recommendation:
1. That Report PD 19-10 of the Director, Planning-& Development be received;
2. That Zoning By-law Amendment Application A 2/10 submitted by the City of
Pickering, to amend the zoning on lands being South Part of Lot 24,
Concession 1 to permit additional commercial uses be approved; and,
3. Further, that the draft by-law to implement Zoning By-law amendment application
A 2/10, to permit additional commercial uses as set out in Appendix I to Report
PD 19-10, be forwarded to Council for enactment.
Executive Summary: In December 2008, City Council adopted Zoning By-law
6920/08 for the Brookdale Centre Inc. (Brookdale) property located at 1105 Kingston
Road. This City-initiated zoning by-law amendment shifted the future road alignment on
the Brookdale property to indicate 10.0 metres of the road on Brookdale's land, with the
remaining land for the road coming in the future from the abutting property owned by
Pentans Development Limited (Pentans).
By-law 6920/08 was appealed to the Ontario Municipal Board (OMB) by Pentans and
Minutes of Settlement were entered into through an agreement between Brookdale,
Pentans and the City of Pickering. As a result the by-law, as modified by the OMB in
accordance with the Minutes of Settlement, was approved. The Minutes of Settlement
required the City to initiate a zoning by-law amendment for the Pentans lands to permit
additional commercial uses on the property.
Existing uses on the property primarily consists of automotive related uses. Restaurant
and financial institutional uses are also currently permitted but are restricted to a
maximum gross floor area of 15 percent of the total floor area.
Report PD 19-10 June 7, 2010
Subject: City Initiated Application (A2/10) Page 2 -
173
The zoning amendment application is to permit additional selective commercial uses
and to allow all non-automotive related uses to comprise 25 percent of the total floor
area.
It is recommended that the application be approved and that the draft by-law be
forwarded to Council for enactment.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed recommendation.
Sustainability Implications: Staffs review of the zoning amendment application is-
that it does not achieve Level 1 of the City's Sustainable Development Guidelines. Due
to the nature of the proposal of adding additional commercial uses within an existing
commercial building to increase the usability of the existing building, there are limited
opportunities to achieve a Level 1. The development proposal provides opportunities
for commercial intensification, efficient use of commercial space, greater diversity of
retail/commercial activities and takes advantage of existing infrastructure within the
City's urban area.
1.0 Comments Received
1.1 At the April 6, 2010 Information Meeting
(see text of Information Report and Meeting Minutes, Attachments #3 & #4)
No members of the public spoke in respect to this application.
1.2 Agency Comments
Durham Region - proposed amendment is consistent with the
Planning Department Region's Official Plan policies to develop higher
density development
- no matters of provincial plan interest are
applicable
- municipal water supply and sanitary sewer
service are available to the subject property
- proposal does not present any significant
Durham Region Transit or transportation impacts
(see Attachment #5)
Toronto and Region - the east building is partially in the floodplain of
Conservation Authority Pine Creek
(see Attachment #6) - adding additional uses to portions of the site
within the floodplain is not allowed under the
Provincial Policy Statement
- no objections to permit new uses for areas not in
the floodplain
Report PD 19-10 June 7, 2010
Subject: City Initiated Application (A2/10) Page 3 174
Toronto and Region - a holding designation could be considered for
Conservation Authority new uses within the floodplain provided that: a
(continued) flood remediation plan for Pine Creek is
completed and implemented and the site is
removed from the floodplain in its entirety; or a
comprehensive redevelopment of the site,
including a solution to flood plain management is
prepared to TRCA's satisfaction
2.0 Discussion:
2.1 Proposed uses are appropriate for Property and comply with the Official
Plan
The proposed additional commercial uses make efficient use of existing
commercial buildings located along a major transportation corridor, being
Kingston Road. The application provides opportunities for commercial
intensification and provides greater diversity of retail thus encouraging an
enhanced destination area while taking advantage of existing infrastructure
within the City's urban area. In the Pickering Official Plan the subject property is
designated as "Mixed Use Area - Mixed Corridors" and is currently surrounded
by a variety of commercial uses. 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.
2.2 Proposed uses will be compatible with the existing neighbourhood and
Kingston Road Corridor
Kingston Road is recognized as an intensification corridor and serves as the
City's "mainstreet". The City's long term vision for Kingston Road is to transform
its current highway operational objectives (a road catering to high vehicular
speeds, large setbacks to buildings, lack of sidewalks and other pedestrian
amenities) to a road functioning as a gateway into Pickering neighbourhoods
(consisting of a high quality urban design, pedestrian friendly public realm and an
attractive location for intensification projects).
The Kingston Road Corridor Urban Design and Development Guidelines
designates the property within the Town Centre West precinct which promotes
an area intended for a variety of commercial and residential uses. The precinct
recognizes existing automobile oriented uses over the short and medium term on
the subject property, but envisions the redevelopment of such uses into a
residential/mixed use neighbourhood over time to compliment the surrounding,
area.
I
Report PD 19-10 June 7, 2010
Subject: City Initiated Application (A2/10) Page 4
i
The existing zoning by-law for the property (approved in 1977) envisioned
Kingston Road as a highway corridor which primarily catered to
highway-commercial activity which included automobile service and repair uses
with accessory restaurants and financial institutions. Adding additional
commercial uses on the property will allow the owner to introduce new uses
which will meet the intent of both the Town Centre West and Kingston Road
Corridor Urban Design Development Guidelines, while maintaining uses that
currently exist. The owner does not intend to expand the building through this
application.
2.3 While staff recognize the concern of TRCA respecting this application, the
introduction of limited new uses within the existing buildings is supported
TRCA staff has determined that the east building is partially within the floodplain.
TRCA opposes new development (which includes approving new uses) within a
floodplain based on their interpretation of Provincial Policy Statement (PPS).
They recommended that any new uses be restricted to areas outside of the
floodplain.
The Planning & Development Department has considered TRCA's comments
respecting this application. However, we are of the position that the introduction
of limited new uses within the existing buildings is appropriate given the following
circumstances:
• negotiated Minutes of Settlement were entered into between Brockdale
Centre Inc., Pentans Developments Limited and the City of Pickering in
order to resolve an appeal to the Ontario Municipal Board (OMB) that
included amongst other matters Pickering Planning staff supporting the
subject rezoning and Pentans conveying a portion. of their lands for a
municipal right-of-way
• the floor area for all proposed and existing uses on-site (except for a
garage) will be limited to a maximum of 25 percent of the combined gross
leasable floor area
• no new physical development is being proposed on the property, and
• the proposed additional uses generally would pose less of an
environmental impact than the existing automotive related uses.
2.4 The construction of a sidewalk across the frontage of the property will be
considered by the City as part of a comprehensive review
The matter of sidewalks was raised by Planning & Development Committee as
the April 6, 2010 meeting.
i
Report PD 19-10 June 7, 2010
Subject: City Initiated Application (A2/10) Page 5176
The City's Development Charges By-law does include sidewalks along the south
side of Kingston Road in this location. In order to construct a sidewalk, the
project must be approved by Council in the City's capital budget. However, staff
have not put this item forward for budget approval yet, since the work needs to
be done in conjunction with the Region's urbanization of Kingston Road and
requires improvements to the Pine Creek culvert (in order to provide a suitable
permanent sidewalk location).
The Planning & Development Department fully supports the introduction of
sidewalks in front of the subject property as well as the full length of Kingston
Road. The timing of the construction of the sidewalk needs to be considered
given-the ongoing studies and plans supporting Bus Rapid Transit (BRT) being
pursued by the Region of Durham.
Funding was provided in the 2010 budget for Engineering Services to investigate
opportunity and design for 'early' sidewalk implementation on the south side of
Kingston Road, including this location. The Durham Region Long Term Transit
Strategy Environmental Assessment is also underway to consider improvements
along Kingston Road.
2.5 By-law to implement the Staff Recommended Plan
The attached by-law schedule included as Appendix I to this Report, implements
Staff's recommendation to approve the implementing zoning by-law.
3.0 Applicant's Comments
The property owner is aware of the recommendation of this Report.
Appendix:
Appendix I Draft Implementing Zoning By-law Requirements and Schedule
Attachments:
1. Location Map
2. Applicant's Submitted Plan
3. Text of Information Report
4. Meeting Minutes
5. Durham Region Comments
6. Toronto and Region Conservation Authority Comments
Report PD 19-10 June 7, 2010
Subject: City Initiated Application (A2/10) Page 6
177
Prepared By: Approved/Endorsed By:
sWey Yearw o Neil Car P, RPP
lanner I Director, Planning & Development
Ross Pym, MCC, RPP
(Acting) Manager, Development Review
AY:RP:ld
Copy: Chief Administrative Officer
Recommended for the consideration of
:Pickering City C DU it
r
F mas J. Q i R., C
Chief Adminis rative Officer
Appendix I to
Report PD 19-1 178
Draft Implementing Zoning By-law
Amendment Application A 2110
179
The Corporation of the City of Pickering
By-law No.
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering District
Planning Area, Region of Durham in Part of Lot 24, Concession 1, in the
City of Pickering (A 02/10).
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit the development on the subject lands, being Part of Lot 24, Concession 1 in the
City of Pickering;
And whereas an amendment to By-law 3036, as amended, is therefore deemed
necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule
Schedule I attached hereto with notations and references shown thereon is.
hereby declared to be part of this By-law.
2. Area Restricted
The provisions of this By-law shall apply to those lands in Part of Lot 24,
Concession 1, in the City of Pickering, designated'M(S)" oa Schedule
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 pursurance of a trade, calling, business or
occupation, services appealing to or designed to appeal to erotic or sexual
appetites or inclinations;
i
By-law No. xxxx/10 Page 2
180
(2) "Business Office" shall mean a building or part of a building in which the
management or direction of a business, a public or private agency, a
brokerage or a labour or fraternal organization is carried on 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;
(3) "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;
(4) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(5) "Furniture and Major Applicance Store" shall mean an establishment in
which furniture, major applicances or a combination thereof are stored,
offered and kept for wholesale or retail sale;
(6) "Personal Service Shop" shall mean an establishment where a personal
service is performed and may include a barber shop, a beauty salon, a
shoe repair shop, a tailor or dressmaking shop or a photographic studio,
but shall not include a body-rub parlour as defined in The Municipal Act,
R.S.O. 1990, c. M. 45, as amended from time to time, or any successor
thereto;
(7) "Professional Office - Non-Medical" shall mean a building or part of a
building in which legal or other professional service is performed or
consultation given, and which may include the offices of an architect, a
chartered accountant, an engineer, or a lawyer, but shall not include the
office of a physician or 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;
(8) "Restaurant Type A" shall mean a building or part of a building where food
is prepared. and offered or kept for retail sale to the public for immediate
consumption on the premises or off the premises, or both but shall. not
include an adult entertainment parlour as defined herein;
(9) "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;
By-law No. xxxx/10 I AFVr7 Page 3
181
(10) (a) "Yard" shall mean an area of land which is appurtenant to and located
on the same lot as a building or structure and is open, uncovered, and
unoccupied above ground except for such accessory buildings,
structures, or other uses as are specifically permitted thereon;
(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) "Interior Side Yard" shall mean a side yard other than a flankage side
yard.
5. Provisions
(1) (a) Uses Permitted C3(S)" Zone)
No person shall within the lands designated ' C3(S)" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) Business Office
By-law No. xxxx/10 Page 4
82
(ii) Convenience Store
(iii) Furniture and Major Appliance Store
(iv) Financial Institution
(v) Garage (except automobile service station & gas bar)
(vi) Personal Service Shops
(vii) Professional Office (Non-Medical)
(viii) Restaurant, Type A
(ix) Retail Store
(b) Zone Requirements ("C3(S)" Zone)
No person shall within the lands designated "C3(S)" on Schedule I
attached hereto, use any lot or erect, alter, or use any building except
in accordance with the following provisions:
(i) Lot Area (minimum): N/A
(ii) Lot Frontage (minimum): N/A
(iii) Front Yard Depth (minimum)- 15.0 metres
(iv) Interior Side Yard Width (minimum)- 10.5 metres
(v) Flankage Side Yard Width (minimum): 15.0 metres
(vi) Rear Yard Depth (minimum): 10.5 metres
(vii) Building Height (maximum): 10.5 metres
(viii) Lot Coverage (maximum): 30 percent
(ix) Parking Requirements (minimum): 5.5 spaces per 93 square
metres of gross leasible
floor area
(x) Landscaped Open Area (minimum): 12 percent
By-law No. xxxx/10 1 _Fr Page 5
183
(x) Special Regulations:
A When the property boundary abuts Kingston Road, or a
street other than Kingston Road, a strip of land not less than
4.5 metres or 3.0 metres, in width respectively, as the case
may be, adjacent to the boundary shall not be used for any
purpose other than landscaping buffering, but this shall not
prevent the provision of entrances and exits across such
landscaped area;
B The combined gross leasible floor area for all uses other
than a garage use shall not exceed 25 percent.
6. By-law
By-law 3036, as amended, is hereby further amended only to the extent
necessary to give effect to the provisions of this By-law as it applies to the area
set out in Schedule I attached hereto. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 3036, as amended.
7. Effective Date
This By-law shall take effect from the day of passing hereof subject to the
approval of the Ontario Municipal Board, if required.
By-law read a first, second, and third time and finally passed this day of ,
2010.
David Ryan, May
Debbie Shields, City Clerk
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION Concession 1 South Part Lot 24 07\
OWNER Pentans Developments Ltd. DATE Mar. 2, 2010 DRAWN BY JB
FILE No. A 02/10 SCALE 1:5000 CHECKED BY AY
c oTera et Enterprlaaa Inc. and its uppllero. All 'right. Reserved. Not a plan of PN-13
c 2005 MPAC and Ita a Ilero. All rl hta Raaarved. Not a Ion of 5-y,
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ATTACHMENT#70
REPORT# PD
186
Information Compiled from Site Plan
A 2/10
City of Pickering on Behalf of
Pentans Developments Ltd.
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This map was produced by The City Of Pickering Planning & Development Department,
Planning Information Services Division Mapping And Design, Mar. 2, 2010
City ATTACHMENT~..1-TO Information Report
8 7 i REPORTT# PD 9
Report Number: 06-10
For Public Information Meeting of
PICKERING Date: April 6, 2010
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,2/10
City Initiated Application
1167 and 1199 Kingston Road
South Part of Lot 24, Concession 1
City of Pickering
1.0 Background
- in December 2008, the City passed Zoning By-law 6920/08 on the Brookdale
Centre Inc. (Brookdale) property located at 1105 Kingston Road to implement
a City-initiated amendment to the zoning by-law;
- this City-initiated zoning by-law amendment shifted the future road alignment
on the Brookdale property to indicate only 10.0 metres of the road be
illustrated on Brookdale's land with the remaining land for the road coming in
the future from the abutting property owned by Pentans Development Limited
(Pentans);
- Pentans appealed the by-law to the Ontario Municipal Board (OMB);
- Minutes of Settlement between Brookdale, Pentans and the City of Pickering
were entered into in order to resolve the appeal before the OMB;
- the OMB issued its decision on February 12, 2010 and ordered that the
appeal be allowed, in part, based on the Minutes of Settlement
- the Minutes of Settlement included:
• that Brookdale be required to construct the realign public road and the
majority of the road be located on the Brookdale lands;
• a payment schedule for the cost sharing of the new municipal road;
• a timing schedule for Pentans to convey land to the City of Pickering
for public road allowance;
• that the City of Pickering initiate a zoning amendment for the Pentans
lands to permit additional commercial uses on the property;
2.0 Property Location and Description
- the subject property is located on the south side of Kingston Road east of the
intersection of Walnut Lane (see Location Map, Attachment #1);
- the subject property has frontage along, and access from Kingston Road (see
Applicant's Site Plan, Attachment #2);
- the subject property has a lot area of approximately 1.8 hectares;
- there are two one storey buildings containing independent tenants used
predominantly for the purposes of an automobile service centre and
automobile sales;
ATTACHMENT#-3-TO
Information Report No. 06-10 REPORT# PO Page 2
_ $8
abutting uses surrounding the subject property are:
• commercial plazas to the south, west and east,
• residential and commercial buildings to the north on the opposite side
of Kingston Road.
3.0 Proposed Zoning
- one of the requirements of the Minutes of Settlement was that the City initiate
an amendment to the existing zoning by-law for the Pentans' property to
permit additional commercial uses;
- the existing zoning permits a garage, restaurant and financial institution uses
and these uses are to continue;
- the proposed additional commercial uses being put forward with this
application are:
• business office;
• convenience store;
• furniture and major appliance store;
• personal service shops;
• professional office (non-medical);
• service store, and;
• retail store;
- the proposed zoning includes restrictions that no drive-thru uses will be
permitted and the combined total gross leasable floor area for all uses other
than a garage use shall not exceed 25 percent.
4.0 Official Plan and Zoning
4.1 Provincial Growth Plan
- Places to Grow (the Provincial Growth Plan for the Greater Golden
Horseshoe) requires intensification of land uses within municipalities' built
boundaries;
- Kingston Road is being considered as an Intensification Corridor within the
City of Pickering;
- Intensification Corridors will have the potential to provide a focus for high
density mixed use development;
4.2 Durham Regional Official Plan
- designates the subject lands as "Living Areas";
- areas designated as "Living Areas" are intended to be predominantly used for
housing purposes, and may include limited office, retail and personal service
uses;
- in consideration of development applications in "Living Areas" the intent of the
Plan is to achieve a compact urban form, including intensive residential,
office, retail and service and mixed uses along arterial roads and in
conjunction with present and potential transit facilities;
ATTACHMENTS --TO
Information Report No. 06-10 REPO" PDT Page 3
1 g9
- Kingston Road where it abuts the subject lands is designated as a "Type B
Arterial Road" and as a "Regional Corridor";
- the proposal appears to conform to the Durham Regional Official Plan;
4.3 Pickering Official Plan
the Pickering Official Plan designates the subject lands as "Mixed Use Area -
Mixed Corridors";
permissible uses within "Mixed Use Area - Mixed Corridors Area" include,
amongst others, a variety of uses including residential, retailing of goods and
services, offices and restaurants;
"Mixed Use Areas" are intended to have the widest variety of uses and
highest level of activities in the City when compared to other designations;
the subject lands are within the Town Centre Neighbourhood of the Official Plan;
- the Pickering Official Plan encourages the highest mix and intensity of uses
and activities in the City to be in this neighbourhood;
- the subject lands are within a Detailed Review Area and the City has adopted
the Town Centre West Development Guidelines (see Section 4.4);
- the Plan designates Kingston Road as a "Type B Arterial Road", which are
designed to carry. moderate volumes of traffic at moderate speeds and have
some access restrictions;
- the Plan also recognizes Kingston Road as a transit spine, where a higher
level of transit service is to be encouraged within the City's urban area;
- the proposal to add additional commercial uses will be assessed against the
policies and provisions of the Pickering Official Plan as part of reviewing this
application;
4.4 Town Centre West Development Guidelines
- the Town Centre West Development Guidelines (TCWDG) envision a mixed-use
neighbourhood which is intended to result in a self-sustaining neighbourhood
over the long term;
- these uses include: residential, office, and retail commercial uses, as well as
public and natural open spaces;
although the subject property is located within the TCWDG boundaries, the
subject property was not part of the original Town Centre West Study Area;
4.5 Zoning By-law 3036
- the subject property is zoned "C3(S)" - Highway Commercial Specific Zone
by By-law 652/77;
- uses permitted include a garage, restaurant and financial institution;
- the combined floor area of any restaurant and financial institution shall not
exceed 15 percent of the total gross floor area of all buildings on-site.
ATTACHMENT#~TO
Information Report No. 0640 REPORT# PD ~9-tea Page 4
190
5.0 Results of Circulation
5.1 Resident Comments
- none to date;
5.2 Agency Comments
- none to date;
6.0 Discussion
as this application is a City initiated application as a result of Minutes of
Settlement to an appeal, the Planning & Development Department will
conclude its position on the application after it has received and assessed
comments from the circulated departments, agencies and public.
7.0 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;
- any member of the public who wishes 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;
any member of the public who wishes to be notified of Council's decision
regarding this proposal, you must request such in writing to the City Clerk.
8.0 Other Information
8.1 Appendix No. I
list of neighbourhood residents, community associations, agencies and City
Departments that have commented on the applications at the time of writing
report;
ATTASEIMW# -TO
Information Report No. 06-10 REPURT# Pp 19-10 Page 5
191
8.2 Information Received
- as this application is a City initiated application as a result of Minutes of
Settlement of an OMB appeal no technical reports have been prepared for
this application;
- the need for additional information and/or technical reports will be determined
through the review and circulation of the application;
8.3 Company Principal
- the application is a City Initiated Zoning By-law Amendment;
- for information purposes, the owner-of the subject property is Pentans
Developments Limited which is represented by Adrian Trembling;
- David C.K. Tang, of Gowling Lafleur Henderson LLP, is the solicitor
representing Pentans Developments Limited.
TNAL SIGNED By ORIGINAL SIGNED BY
Ashley Yearwood Ross Pym
Planner I (Acting) Manager, Development Review
AY:RP:ld
Attachments
Copy: Director, Planning & Development
ATTACHMENT#-3~TO
REPORT# PD ~9 0 192
Appendix No. I to
Information Report No. 06-10
Commenting Residents and Landowners
(1) none to date
Commenting Agencies
(1) none to date
Commenting City Departments
(1) none to date
ATTACHMENT#r TO
C_Jtq REPORT#PD 19/0
Planning & Development
1 9 3 9 Committee Meeting Minutes
Tuesday, April 6, 2010
7:30 pm - Council Chambers
Chair: Councillor Pickles
3. Zoning By-law Amendment Application A 02/10
City Initiated Application
1167 and 1199 Kingston Road
South Part of Lot 24, Concession 1
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.
Ashley Yearwood, Planner I, gave an overview of zoning amendment application
A 02/10.
A representative for the owner of the property appeared in support of the
application.
No members of the public were in attendance at the public information meeting
to speak in support or opposition to the application.
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ATTACHMENT# S TO
REPORT# PD 9 4
18 2010 ~`E ~ ° .
May R, EC
Ashley Yearwood, Planner I lad"AY 2 'I 2010
Planning & Development Department CITY OF pICKERING
..City of Pickering PLANNING DEVELOPMENT
One The Esplanade DEPARThrII=iVT
Pickering ON UV 6K7
Dear Mr. Yearwood:
The Regional
Municipality Re: Zoning Amendment Application A02/10
of Durham
Applicant: City of Pickering (City Initiated)
Planning Department Location: 1199 - 1167 Kingston Road
605 ROSSLAND ROAD E Part Lot 24, Concession 1
4T" FLOOR Municipality: City of Pickering
PO BOX 623
WHITBY ON L1N 6A3 The Regional Municipality of Durham (The Region) has reviewed the above
CANADA
905-668-7711 noted application and offers the following comments for your consideration.
Fax: 905-666-6208
Email- planning@durham.ca The purpose of this application is to amend the zoning on the subject lands to
www.durnam.ca permit additional commercial uses. These uses include business and
professional offices (non-medical), retail, convenience, furniture and major
A.L. Georgieff, MCIP, RPP appliance stores, and personal service shops. The subject lands are currently
Commissioner of Planning zoned C3(S) - Highway Commercial Specific Zone.
Regional Official Plan
The subject lands are currently designated `Living Area' with the `Regional
Corridor' overlay in the Durham Regional Official Plan (ROP). The ROP states
that Living Areas shall be predominantly used for housing purposes. It also
states that Living Areas shall be developed in a compact form through higher
densities and by intensifying and redeveloping existing areas, particularly along
arterial roads.
Regional Corridors shall be planned and developed as mixed-use areas, which
include residential, commercial and service areas with higher densities,
supporting higher order transit services and pedestrian oriented development.
.Amendment No. 128 to the Regional Official Plan was adopted by.Regional
Council on June 3rd, 2.009 and forwarded to the Ministry of Municipal Affairs and
Housing for approval. This amendment revises policy 8A.2.9 of the ROP relating
to Regional Corridors, and states that:
Portions of Regional Corridors with an underlying Living Area designation, which
are identified as appropriate for higher density mixed-use development in area
municipal official plans, should support an overall, long-term density target of 60
residential units per gross hectare and a floor space index of 2.5. The built form
should be a wide variety of building forms, generally mid-rise in height, with
some higher buildings, as detailed in area municipal official plans.
"$ervice Excellence
for 6ju-P-:Gomrnunities"
100% Post Consumer
ATTACHMENT# TO
REPORT# PD- / 9 - % o Page 2
195
Kingston Road (Regional Road Highway 2) is designated as a Type `B' Arterial'
Road and designated as a Transit Spine in the ROP. Development adjacent to
Transit Spines shall provide for complementary higher density uses and
buildings oriented towards the street.
The proposed amendment, which would permit additional commercial uses in an
existing structure, is consistent with the Region's policies to develop higher
density development.
Provincial Policies & Delegated Review Responsibilities
There are no matters of provincial plan interest applicable to this application.
Regional Services
Municipal water supply and sanitary sewer service is available to the subject
property.
The Regional Works Department will provide. detailed comments on the
submitted Site Grading and Servicing Concept Plan to the applicant under
separate cover. Additional comments and conditions will be provided through
the site plan application process.
Durham Region Transit & Transportation
The proposal does not present any significant Durham Region Transit or
transportation, impacts.
Please contact me at 905-668-4113 ext. 2571 should you have any questions or
require additional information.
Yours truly
Vannitha Chantha CIP, RPP
Planner
Current Planning
cc: Regional Works Department - Pete Castellan
Durham Region Transit -Neil Killens
ATTACHMENT# ~6, y / TO
REPORT# PD 9 196
Yearwood, Ashley
From: Steve Heuchert [SHeuchert@trca.on.ca]
Sent: May 17, 2010 2:43 PM
To: Yearwood, Ashley
Cc: Pym, Ross
Subject: RE: Update on Status of Comments for City Initiated Zoning Amendment A02/10
Attachments: 1167 and 1199 kingston.jpg
Ashley
Our engineer has looked at the survey and the floodline is indeed where we have mapped it. The site slopes down
significantly from west to east so the east building is partially in the floodplain per the attached mapping. Please keep this
mapping internal to the City and TRCA.
As such, we continue to advise that adding a number of new permitted uses to the portion of the site in the floodplain is
not allowed under the PPS. The PPS Policy 3.1.2(d) states that development... shall not be permitted within ...a floodway.
Development includes changes in land use. Floodway includes the entire contiguous floodplain. As such I recommend
that you only pursue adding new uses to the portion of the site not currently in the floodplain and that the location of said
floodplain shall be determined through a site specific study prior to site plan approval. Alternatively there is a potential to
add new uses to the entire site but subject the portion of the site in the floodplain to a holding designation. The holding
designation will only be lifted once one of the following happen:
(a) a flood remediation plan for the Pine Creek is completed and implemented and the site is removed from the floodplain;
or
(b) a comprehensive redevelopment of the site, including a solution to flood plain management, is prepared to TRCA
satisfaction.
Regarding (a), the MMM study procured by the City notes that most of this site can be remediated, but not all. The
remediation may be difficult due to cost and the fact that there are multiple landowners involved. Regarding (b), this
would entail shifting new development out of the floodplain and 10 metre buffer portion of the property (ie. turning it into
greenspace and conveying to public ownership). The new development would be free to develop per City standards on
the west side of the site.
Steven H. Heuchert, MCIP, RPP, MRTPI
Manager, Development Planning and Regulation
Planning and Development
Toronto and Region Conservation
5 Shoreham Drive
Toronto, ON M3N 1 S4
tel. 416.661.6600 ext 5311
fax. 416.661.6898
-PLEASE CONSIDER THE ENVIRONMENT WHEN DECIDING TO PRINT THIS MESSAGE*
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