HomeMy WebLinkAboutPD 29-10
Ctrs "0 Report To
Planning & Development Committee
PICKERING Report Number: PD 29-10
Date: September 7, 2010 42
From: Neil Carroll
Director, Planning & Development
Subject: Zoning By-law Amendment -A 19/09
Commercial Focus Advisory Services on behalf of
2143087 Ontario Ltd.
.2055 Brock Road
(Part of Lot 18, Concession 2)
City of Pickering
Recommendation:
1. That Report PD 29-10 of the Director, Planning & Development be received;
2. That Zoning By-law Amendment Application A 19/09 be approved to permit the first
phase of a mixed use development with an "(H)" Holding symbol on lands being Part
of Lot 18, Concession 2; and
3.. Further, that the zoning by-law to implement the first phase of Zoning By-law
Amendment Application A 19/09, as set out in Appendix. I to Report PD 29-10, be
forwarded to City Council for enactment.
Executive Summary: The applicant requests an amendment to the zoning by-law
to permit a 3 storey commercial building and 13 live/work townhouse dwelling units as a
first phase of the development on the subject lands (see Applicant's Submitted Plan -
Attachment #2). The site is located on the east side of Brock Road directly north of
Duffins Creek (north of Finch Avenue). The property has a total site area of 5.2
hectares, of which 1.9 hectares are developable. Approximately 3.3 hectares are
proposed to be zoned for open space purposes and 0.75 hectares for the first phase of
development (see Attachment #1 - Location Map).
The proposal, with amendments recommended by staff respecting minimum and
maximum building heights, build-to-zone and required front yard, side yard and rear
yard depths, is considered compatible with the surrounding land uses and of an
appropriate design that will integrate well with existing and planned land uses and
built-form in the area. Intensification of land uses in the area will contribute to a
sustainable Pickering by providing employment opportunities and greater support for
transit. The proposal would also begin to address the City's urbanization objectives for
the east side of Brock Road, improving its walkability and appearance.
Report PD 29-10 September 7, 2010
Subject: Commercial Focus Advisory Services (A 19/09) Page 2
43
The recommended draft zoning by-law includes an "(H)" Holding symbol that requires
resolution of a number of items prior to the implementation of the new zoning category.
Certain technical issues will need to be resolved before actual development occurs on
the site.
The draft provisions also address minimum and maximum permitted building height and
building footprint restrictions. The recommended performance standards will implement
the Duffins. Precinct Development Guidelines including the requirements of providing a
minimum four storey building massing and three functional floors. This will ensure
balancing the need for appropriate physical transition to neighbours with the
requirement to provide a pedestrian supportive-streetscape.
The application is recommended for approval. The implementing by-law is appropriate
as it implements the Official Plan, is in accordance with Provincial policy and constitutes
appropriate land use planning.
Financial Implications: No direct costs to the City are anticipated as a result of the
recommendations of this report.
Sustainability Implications: The applicant's proposal is aligned with the site
planning level of sustainability principles of the Draft City of Pickering Sustainable
Development Guidelines. It achieves the Level 1 requirements for Guideline #2 (Plan
of Subdivision, Site Plan, Rezoning and Building Permit Guidelines). It is an infill
project that provides the opportunity to redevelop lands in a form that represents an
appropriate intensification of the site and takes advantage of existing infrastructure
within the City's urban area.
Specific sustainability features include:
• provision of mixed use - commercial/housing uses to provide diversity
• infill project adjacent to a Regional Transportation Spine
• intensification/utilization of an under-developed property within existing municipal
built boundary
• reduction of reliance on the automobile
• enhanced pedestrian environment
• employment opportunities and
• energy and resource efficiency
The applicant's current site plan incorporates these elements. In addition, there will be
an opportunity to improve this rating as additional sustainability measures become
available through site plan review and detailed building design.
Report PD 29-10 September 7, 2010
Subject: Commercial Focus Advisory Services (A 19/09) Page 3
44
1.0 Background:
1.1 Introduction
The owner of the property, 2143087 Ontario Limited (Palwinder Singh Verraich),
proposes a commercial building with retail on the ground floor and office uses on
the second and third, floors, and a multi-unit live/work townhouse block on the
subject lands, located on the east side of Brock Road directly north of Duffins
Creek (north of Finch Avenue) (see Attachment #1 - Location Map). The site
currently supports a vacant detached residential dwelling. The house will be
demolished should the development proceed.
The applicant has submitted a conceptual site plan proposing a three storey
commercial building in close proximity to the Brock Road right-of=way thereby
creating a pedestrian friendly street edge in accordance with the Duffins Precinct
Development Guidelines. A 13 unit live/work townhouse block is proposed for
the rear (east) portion of the site. The applicant's submitted concept plan and
elevations are provided for reference (see Attachments #2, #3 & #4).
2.0 Comments Received:
2.1 At the March 1, 2010 Public Information Meeting
(see text of Information Report & Meeting Minutes, Attachments #5 & #6)
A number of residents attended the public meeting. Two residents spoke about
the proposed development voicing the following questions and concerns:
• a potential reduction.to the urban forest
• potential impact on wildlife
• whether sufficient parking was being provided
• traffic congestion and parking impacts on Brock Road and Rayleen
Crescent properties
• concern about people crossing Brock Road to catch buses going south on
Brock Road and
• the number of buildings being proposed
2.2 Written Public Submissions on the application
The president of the Pickering Islamic Centre submitted a letter of support stating
their opinion that the project would be beneficial for the community (see
Attachment #7).
The owner of the abutting property to the north submitted a letter agreeing with
the City and Toronto and Region Conservation Authority (TRCA) that the subject
property should not be rezoned until the Environmental Servicing Plan has been
endorsed by the City and TRCA.
Report PD 29-10 September 7, 2010
Subject: Commercial Focus Advisory Services (A 19/09) Page 4
45
The letter further noted his willingness to participate in discussion with staff and
the applicant towards a mutually satisfactory agreement regarding cost sharing
of the required study and costs associated with the provision of the future access
road (see Attachment #8).
Residents of 1604 Rayleen Crescent submitted written comments objecting to
any high rise building in the neighbourhood and stating concerns about a
potential increase in noise and air pollution (see Attachment #9).
A petition from persons attending Pickering Islamic Centre and a resident of
2392 Annan Woods Drive was submitted in support of the application (see
Attachments #10 & #11).
2.3 City Department and Agency Comments
Region of Durham • the proposed amendment is consistent with the
Planning Department Region's policies to develop higher density
mixed-use developments along arterial roads
• the proposed amendment is consistent with
Regional Official Plan policies
• an updated Phase I Environmental Site
Assessment is required
• submission of a noise impact study has been
requested
• municipal water supply and sanitary sewer
service is available to the subject property
• the proposal does not present any significant
Durham Region Transit or transportation impacts
• a 7.5 metre road widening is required
• revisions to the Traffic Impact Study are required
(see Attachment #12)
Toronto and Region • concerned that the application is being submitted
Conservation Authority without the underlying support of a .
(TRCA) comprehensive Master Environmental Servicing
Plan Update
• revisions to the Functional Servicing Report are
required
• the Environmental Impact Study requires
substantial revision
• the extensive grading proposed for Phase 1
would necessitate unacceptable fill placement on
Phase 2 lands (see Attachment #13)
Report PD 29-10 September 7, 2010
Subject: Commercial Focus Advisory Services (A 19/09) Page 5
46
Engineering Services • a comprehensive Master Environmental
Division (verbally Servicing Plan (MESP) update is required
confirmed) • the Functional Servicing Report and
Environmental Impact statement use outdated
criteria and must conform to the updated MESP
when complete
Development Control comments on servicing requirements are
pending the approval of the Duffins Precinct
(southern lands) Environmental Servicing Plan
Update
• a road widening may be required along the north
property boundary should the design of the
Brock Road intersection with the proposed
access road require additional lands
• the owner will be required to enter into a
development agreement (see Attachment #14)
No other agency that provided comment has any objection to the subject
applications.
3.0 Discussion:
3.1 The Proposed Uses and Built-Form Massing is Supportable and Complies
with the Official Plan
The City's Official Plan designates the Phase 1 portion of the subject property as
"Urban Residential Area - Medium Density" (Brock Ridge Neighbourhood). This
designation is intended for residential uses, home occupations, limited offices
serving the area, and limited retailing of goods and services serving the area;
community, cultural and recreational uses; and compatible employment and
special purpose commercial uses serving the area. The residential portion of
the proposal falls within the Official Plan density requirements of a minimum of
30 units and up to 80 units per net hectare.
The proposed commercial and residential uses are permitted on the Phase 1
lands. Situated adjacent to a regional transit corridor, the subject land is
considered an appropriate location for a proposal incorporating these uses at the
proposed sizes. The proposal is further supported by the Durham Regional
Official Plan and Provincial Growth Plan.
Report PD 29-10 September 7, 2010
Subjent: Commercial Focus Advisory Services (A 19/09) Page 6
ti 4
3.2 The Proposed Development is Considered Compatible with the Existing
Neighbourhood
The proposed Phase 1 development does not involve high-rise structures.
Proposed buildings are appropriately located relative to Brock Road and will not
over-look or otherwise impinge upon the privacy or outlook of existing residential
areas located on the west side of Brock Road. The commercial building is to be
located parallel and in close proximity to Brock Road. It will begin to set up the
desired built-form edge that has been identified as the desired character for the
urban fabric along the east side of Brock Road in the Duffins Precinct
Development Guidelines. The recommended zoning by-law includes provisions
that the commercial building along Brock Road be designed and built with a four
storey massing and a minimum three functional floors.
3.3 A number of issues remain outstanding in regard to this proposal
Planning & Development staff are supportive of the proposed land use, however,
prior to authorizing any site works on the property, there are numerous technical
matters that need to be finalized. The following items will be required prior to the
lifting of the "(H)" Holding symbol and Site Plan Approval:
• an updated Master Environmental Servicing Plan
• a revised Environmental Impact Study
• a revised Stormwater Management and Hydrogeological Report
• an acceptance letter from the Ministry of Culture of the Stage 1 and 2
Archaeological Report
• a Noise Impact Study
• an updated Phase I Environmental Site Assessment
• dedication to the City of the land required for the new municipal road that will
provide access to the site
• a development agreement requiring, among other things, appropriate
arrangements for the conveyance of any lands that may be required for the
construction of a stormwater management facility; conveyance of open space
lands; conveyance of required road widening and sight triangle; cost recovery
for the proportionate value of works and studies undertaken on behalf of all
benefitting property owners in the area; and, fulfilling the requirements of the.
Region and TRCA.
Certain site specific reports submitted in support of the subject application are
based on the Duffins Precinct Environmental Master Servicing Plan, dated.
June 21, 1999. This plan is outdated and was never approved by the TRCA.
The City and TRCA discussed the-need for an update to the Master Environment
Servicing Plan (MESP) with the applicant and owner at meetings prior to
submission of the application for a zoning by-law amendment. The Terms of
Reference for the update has been approved and work has commenced by
Sernas Associates under contract with Kindwin Development Corporation
(David Brand), being one of the larger land owners in the precinct and owner of
northerly abutting lands.
i
Report PD 29-10 September 7, 2010
Subject: Commercial Focus Advisory Services (A 19/09) Page 7
48
TRCA recommends that development not be permitted to proceed until such
time as the MESP is substantially complete and storm water management
requirements have been determined and accepted by the City and TRCA.
However, an interim approach may be possible that will enable the earlier
development of Phase 1. Such an approach will still require the lifting of the "(H)"
by Council and should only be pursued if the City (in consultation with TRCA) is
satisfied that the storm water management measures are consistent with work
presented by the evolving MESP study, that the environment is properly
protected in the interim, and that mechanisms are in place to ensure the public
securement of lands required from the subject property for long term storm water
management and future compliance of the Phase 1 lands with the final approved
MESP.
The recommendations of the updated MESP may indicate the need for a storm
water management facility on the eastern portion of owner's property which has
the lowest land elevation in the area. As a condition of lifting the "(H)" Holding
symbol, the owner will be required to enter into a development agreement with
the City, committing to the conveyance of lands, in addition to proportional
payments of other development related off-site lands, works and studies. Costs
associated with the lands, design and construction of the storm water
management facility will be proportionately shared by all benefitting property
owners in the area.
3.4 Sharing of Parking with the Pickering Islamic Centre During Off-peak
Periods May be Possible
The Pickering Islamic Centre is currently experiencing difficulties with traffic
movements and parking volumes related to their site. Provision of the access
road required for the proposed development and potential sharing of parking on
the subject lands during off-peak periods, may help to alleviate some of the
Islamic Centre's traffic concerns. This possibility will be further investigated
through the site plan review process.
3.5 The Applicant Revised Phase 1 Plans to Avoid the Need for Excessive
Amounts of Fill
The extensive grading originally proposed for the Phase 1 Live/Work
Townhouses would have necessitated unacceptable fill placement on Phase 2
lands. The TRCA objected to the introduction of fill in this location. The
applicant has revised the concept for the building and the need to place fill on the,
site has been eliminated (see Attachments #4 & #13).
Report PD 29-10 September 7, 2010
Subject: Commercial Focus Advisory Services (A 19/09) Page 8
3.6 Very Little Tree Loss will Result from the Implementation of the Proposed
Plan
Phase 1 of the proposed development contains a number of existing trees
planted in association with the existing dwelling. These trees are not considered
environmentally significant. Through the site plan approval process, staff will
ensure that the site will be appropriately landscaped including the planting of
trees that will be attractive in the Streetscape and beneficial to the
neighbourhood as a whole.
The.great majority of treed area is found within the 3.3 hectare area that will be
zoned open space through this application and conveyed to a public authority.
3.7 An Updated Phase I Environmental Site Assessment is Required
The Region has identified the need for an updated Environmental Site
Assessment (ESA). The applicant has provided correspondence indicating that
a Phase II ESA is in process. Acceptance of the ESA can be resolved through
the site plan review process and as a condition of the lifting of the zoning "(H)"
Holding symbol.
3.8 The City Reviewed the Minimum Ground Floor Area Requirements for
Live/Work Commercial Units
The City has investigated the functionality of similar live/work commercial units in.
other Pickering locations. Some existing units are considered undersized and
business owners have expressed concern that the small floor area is inadequate
even for small retail/personal service uses. The ground floor area of the live-work
units proposed by the applicant is larger than the units where concerns were
expressed. Staff consider the unit size to be appropriate and recommend that a
minimum gross leasable floor area of 70.0 square metres be included in the
zoning by-law.
3.9 Traffic Impacts Resulting from the Proposed Development have been
Considered
The traffic volumes expected from the development have been anticipated in the
plans for the widening of Brock Road. The revisions required to the Traffic
Impact Report will be addressed through the site plan review process.
A new collector road intersecting with Brock Road, directly north of the subject
property, will be required to provide access to the proposed development. The
Region is not anticipating signalization of the new intersection.
Report PD 29-10 September 7, 2010
Subject: Commercial Focus Advisory Services (A 19/09) Page 9 50
3.10 Existing Sanitary Sewer Services and Water Supply Can Accommodate the
Proposed Development
The Regional Works Department has indicated that existing services (water and
sanitary sewer) are available for the proposed uses on the subject lands. Details
regarding the engineering and costs associated with these services can be
addressed through the site plan review process.
3.11 Cash-in-Lieu of Parkland Will be Required at the Site Plan Approval Stage
The City's Parkland Dedication By-law prescribes the rate of parkland dedication
for non-commercial and non-industrial development to be 5% of the land as
valued on the day before issuance of a building permit. Additional parkland is
not required for this neighbourhood at this location. Cash-in-lieu of parkland
dedication for the residential portion of the development will be required and
secured through the site plan agreement.
Open Space lands to be conveyed to a public authority as a condition of Site
Plan Approval for this development do not qualify as a contribution toward
parkland dedication requirements.
3.12 Site Plan Matters Will be Addressed
The design of the proposal takes the applicable Development Guidelines into
consideration. All site development matters concerning the City will be more
thoroughly addressed through the site plan review process, which will review
items such as, but not limited to, zoning compliance, building massing, facade
improvements, outdoor lighting and light intrusion, accessibility, parking location,
site access, and landscaping including identification of specific trees to be
retained and the number and spacing of trees to be planted.
3.13 A Site Specific Amendment to Zoning By-law 3036. should be enacted
Appendix I to Report PD 29-10 contains the recommended draft zoning by-law
amendment. The provisions included in the draft Zoning By-law relate to
proposed uses that are supported by the Official Plan, and applicable
Development Guidelines and have been tested in similar situations within
Pickering.
The By-law includes:
a) restrictions on the permitted uses;
b) a minimum building height requirement of 4 storeys massing, 3 functional
floors and 12.0 metres;
c) a maximum building height requirement of 8 storeys and 26.0 metres;
d) zoning requirements respecting building location;
Report PD 29-10 September 7, 2010
Subject: Commercial Focus Advisory Services (A 19/09) Page 10
51
e) appropriate parking requirements for the commercial and residential uses;
f) minimum gross leasable floor area for individual commercial uses; and
g) an "(H)" Holding symbol specifying the issues requiring resolution before the
"(H)" Holding symbol can be lifted.
4.0 Applicant's Comments:
The applicant is aware of the recommendation of this report.
Appendix:
Appendix I: Draft Zoning By-law
Attachments:
1. Location Map
2. Applicant's Submitted Plan
3. Commercial Building Elevations
4. Live/Work Townhouse Elevations
5. Text of Information Report
6. Minutes from March 1, 2009 Statutory Public Meeting
7. Landowners Comment - Pickering Islamic Centre in Support
8. Landowners Comment - David Brand with Concern and in Cooperation
9. Resident Comment - Mukkaram Hussain in Opposition
10. Resident Petition - In Support
11. Resident Comment - In Support
12. 'Comments from Durham Region Planning Department, dated May 18, 2010
13. Comments from TRCA, dated June 25, 2010
14. Comments from Manager, Development Control, dated July 28, 2010
Report PD 29-10 September 7, 2010
Subject: Commercial Focus Advisory Services (A 19/09) Page 11 52
Prepared By: Approved/Endorsed By:
Isa James, IP, RPP Neil Carr , RPP
Planner II Director, P nnir g & Development
Ross Pym, MCI RPP
(Acting) Manager, Development Review
IJ:ld:jf
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering Cit uncil
Tony Prevedel, P.Eng.
Chief Administrative Officer
53
Appendix I To
Report PD 29-10
Draft Zoning By-law
Amendment Application A 19/09
I
I
i
r 54
OrP,4f
The Corporation of the City of Pickering
By-law No. xxxx/10
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering,
Region of Durham in Part of Lot 18, Concession 2, in the City of Pickering.
(A 19/09)
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit a mixed use development for townhouse dwelling units, apartment buildings and
commercial uses on the subject lands, being Part of Lot 18, Concession 2, 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. Schedules I and II
Schedules I and II attached hereto with notations and references shown thereon
are hereby declared to be part of this By-law.
2. Area Restricted
The provisions of this By-law shall only apply to those lands in Part of Lot 18,
Concession 2, Pickering, designated "RH/MU-3", and "OS-HL" on Schedule I
attached hereto.
3. Definitions
In this By-law,
(1) "Adult Entertainment Parlour" shall mean a building or part of a building in
which is provided, in pursuance of a trade, calling, business or occupation,
services appealing to or designed to appeal to erotic or sexual appetites or
inclinations;
(2) "Bakery" shall mean a building or part of a building in which food products
are baked, prepared and offered for retail sale, or in which food products
baked and prepared elsewhere are offered for retail sale;
BY-law No. xxxx/10 7Page 2
5
(3) "Body Rub Parlour" includes 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;
(4) "Build-to-zone" shall mean an area of land in which all or part of a building
elevation of one or more buildings is to be located;
(5) "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 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;
(6) "Commercial Club" shall mean an athletic or recreational club operated for
gain or profit and having public or private membership, but shall not
include an adult entertainment parlour;
(7) "Commercial Music School" shall mean a school which is operated for
gain or profit and contains the studio of a music teacher;
(8) "Commercial School" shall mean a school which is operated for gain or
profit and may include the studio of a dancing 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;
(9) "Convenience Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessities are kept
for retail sale primarily to residents of, or persons employed in, the
immediate neighbourhood;
(10) "Day Nursery" shall mean lands and premises duly licensed pursuant to
the provisions of The Day Nurseries Act, or any successor thereto, and for
the use as a facility for the daytime care of children;
(11) "Dry Cleaning Depot" shall mean a building or part of a building used for
the purpose of receiving articles, goods, or fabrics to be subjected to dry
cleaning and related processes elsewhere, and of distributing articles,
goods or fabrics which have been subjected to any such processes;
(12) "Dwelling" shall mean a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
By-law DrP.q~1"
No. xxxx/10 Page 3-
56
(13) "Dwelling Unit" shall mean one or more habitable rooms occupied or
capable of being occupied as a single, independent, and separate
housekeeping unit containing a separate kitchen and sanitary facilities;
(14) "Dwelling, Single Attached or Single Attached Dwelling" shall mean one of
a group of not less than three adjacent dwellings attached together
horizontally by an above grade common wall;
(15) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(16) "Floor Area - Residential" shall mean the area of the floor surface
contained within the outside walls of a storey or part of a storey;
(17) "Food Store" shall mean a building or part of a building in which food,
produce, and other items or merchandise of day-to-day household
necessity are stored, offered or kept for retail sale to the public;
(18) "Gross Floor Area - Residential" shall mean the aggregate of the floor
areas of all storeys of a building or structure, or part thereof as the case
may be, other than a private garage, an attic, or a cellar;
(19) "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 storage areas
below established grade;
(20) "Laundromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental equipment;
(21) "Lot" shall mean an area of land fronting on a street which is used or
intended to be used as the site of a building, or group of buildings, as the
case may be, together with any accessory buildings or structures, or a
public park or open space area, regardless of whether or not such lot
constitutes the whole of a lot or block on a registered plan of subdivision;
(22) "Multiple Dwelling-Horizontal" shall mean a building containing three or
more dwelling units attached horizontally, not vertically, by an above-
grade wall or walls;
(23) "Multiple Dwelling-Vertical" shall mean a building containing three or more
dwelling units attached horizontally and vertically by an above-grade wall
or walls, or an above-grade floor or floors, or both;
By-law No. xxxx/10 Page 4
57
(24) "Parking Space, Tandem" shall mean two parking spaces with one parking
space located immediately behind another parking space and where both .
spaces are for the exclusive use of one dwelling unit;
(25) "Personal Service Shop" shall mean an establishment in which a personal
service is performed and which may include a barber shop, a beauty
salon, a shoe repair shop, a tailor or dressmaking shop or a photographic
studio, but shall not include a body-rub parlour as defined in the Municipal
Act, R. S. O. 1980, Chapter 302, as amended from time-to-time, or any
successor thereto;
(26) "Private Garage" shall mean an enclosed or partially enclosed structure
for the storage of one or more vehicles, in which structure no business or
service is conducted for profit or otherwise;
(27) "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 in the Municipal Act, R.S.O. 1980,
Chapter 302, as amended from time-to-time, or any successor thereto;
(28) "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;
(29) "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;
(30) "Storey" shall mean that portion of a building other than a basement, cellar
or attic, included between the surface of any floor and the surface of the
floor, roof deck or ridge next above it;
(31) "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.
By-law No. xxxx/10 Page 5
58
4. Provisions ("RH/MU-3" Zone)
(1) Uses Permitted ("RH/MU-3" Zone)
(a) No person shall within the lands designated "RH/MU-3" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or
structure for any purpose except the following:
(i) bakery;
(ii) business office;
(iii) convenience store;
(iv) commercial club;
(v) commercial music school;
(vi) commercial school;
(vii) day nursery;
(viii) dry cleaning depot;
(ix) financial institution;
(x) food store;
(xi) laundromat;
(xii) multiple dwelling-horizontal;
(xiii) multiple dwelling-vertical;
(xiv) personal service shop;
(xv) professional office;
(xvi) restaurant - type A;
(xvii) retail store;
(b) In buildings containing multiple dwelling-horizontal and multiple dwelling-
vertical uses, only the following commercial uses will be permitted:
(i) business office;
(ii) commercial school;
(iii) personal service shop;
(iv) professional office;
(v) retail store
(2) Zone Requirements ("RH/MU-3" Zone)
No person shall within the lands designated "RH/MU-3" on Schedule I
attached hereto, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
(a) Floor Space Areas:
(i) In buildings containing multiple dwelling-horizontal and
commercial uses or multiple dwelling-vertical and commercial
uses, the commercial uses may only be located on the ground
floor and each individual commercial enterprise shall provide a
minimum gross leasable floor area of 70 square metres;
BY-law No. xxxx/10 APIK7 Page 6
59
(ii) The maximum gross leasable floor area for any individual
convenience store, food store, or retail store shall be 500
square metres;
(b) Building Height:
Within and at 70.0 metres of Brock Road Right of Way:
Minimum 3 Storeys and 12.0 metres
Maximum 8 Storeys and 26.0 metres
Beyond 70.0 metres of Brock Road Right of Way:
Minimum 3 Storeys
Maximum 4 Storeys
(c) Building Location and Setbacks:
(i) Buildings and structures shall be located entirely within the
building envelope shown on Schedule II attached hereto;
(ii) No building, part of a building, or structure shall be erected
within the "RH/MU-3" Zone, unless a minimum of 85% of the
length of the build-to-zone, contains a building or part of a
building;
(iii) For any building in excess of five storeys in height having a front
wall located within the build-to-zone, any portion of a building or
structure in excess of two storeys in height, shall be set back a
minimum of 3.0 metres from the main wall of the building or
structure at grade;
(iv) Notwithstanding Section 4(2)(b)(vi) above, below grade parking
structures shall be permitted beyond the limits of the building
envelope identified on Schedule I attached hereto, but no closer
than 0.5 metres from the limits of the lands;
(v.) The horizontal distance between multiple dwelling-horizontal
buildings shall be a minimum of 1.8 metres;
(d) Parking Requirements-
(i) There shall be provided and maintained a minimum of 4.0 parking
spaces per 100 square metres of gross leasable floor area for
all permitted uses listed in Section 4(1) of this By-law, except for
multiple dwelling-vertical, multiple dwelling-horizontal uses.
Non-resident parking shall be provided at grade, in a below
grade structure, or both;
By-law No. xxxx/10 Page 7
60
(ii) For multiple dwelling-vertical uses, there shall be provided and
maintained a minimum of 1.0 parking space per dwelling unit for
residents, and 0.25 of a parking space per dwelling unit for
visitors. Parking spaces for residents shall be provided in a
below grade structure or at grade. Visitor parking shall be
provided at grade;
(iii) For multiple dwelling-horizontal, there shall be provided and
maintained a minimum of 2.0 parking spaces per dwelling unit
for residents, and 0.25 of a parking space per dwelling unit for
visitors. Parking spaces shall be provided at grade, in a below
grade structure, or both. Parking spaces may also be provided
in a private garage attached to the rear of the dwelling unit it
serves. Visitor parking will be provided at grade;
(iv) All entrances and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt or concrete, or any
combination thereof;
(v) At grade parking lots shall be permitted no closer than 3.0 metres
from the limits of the "RH/MU-3" Zone identified on Schedule
attached hereto, or any road;
(vi) Clauses 5.21.2(a), 5.21.2(b), 5.21.2(e), 5.21.2(f), 5.21.2(g), and
5.21.2(k) of By-law 3036, as amended, shall not apply to lands
designated "RH/MU-3", on Schedule I attached hereto.
(e) Special Regulations:
(i) The maximum aggregate gross leasable floor area for all
restaurant type "A" uses shall be 500 square metres;
(ii) No drive-thru facilities are permitted on the lands designated
"RH/MU-3" as illustrated on Schedule I of this By-law;
(iii) Despite Section 4(2)(b)(i) of this By-law, outdoor patios
associated with a restaurant type "A" are permitted to encroach
beyond the building envelope as illustrated on Schedule II of
this By-law;
(iv) Despite Section 4(2)(b)(i) of this By-law, covered walkways with
supporting structures, are permitted to encroach beyond the
building envelope as illustrated on Schedule II of this By-law;
(v) Despite Section 4(2)(d)(ii) outdoor patios associated with a
restaurant type "A" will not be included within the aggregate
gross leasable floor area requirements of subclause (ii) above;
and
By-law No. xxxx/10 JOA Page 8
61
(vi) For residential uses, the lands shall be developed at a density of
over 30 units per net hectare and up to and including 80 units
per net hectare up to a maximum of 60 units.
5. Provisions ("H) RH/MU-3" Zone)
(a) Uses Permitted ("(H) RH/MU-3" Zone)
Until such time as the "(H)" Holding Provision is lifted, the lands shall not be
used for any purpose other than any use as permitted by the Section 7
provisions of Rural Agricultural Zone "A" of Zoning By-law 3036.
(b) Removal of the "(H)" Holding Symbol
i
The "(H)" Holding Symbol shall not be removed from any zone until the
completion of the following:
• acceptance of an updated Master Environmental Servicing Plan (MESP)
by the City and the TRCA
• acceptance of a Stormwater Management and Hydrogeological Report,
consistent with the updated MESP, by the City and the TRCA
• acceptance of a revised Environmental Impact Study by the City and the
TRCA
• receipt of an acceptance letter from the Ministry of Culture of the Stage 1
and 2 Archaeological Report
• acceptance of a Noise Impact Study by the Region
• acceptance of an updated Phase I Environmental Site Assessment by
the Region
• execution and registration of a Development Agreement with the City of
Pickering containing the provisions that:
(i) the owner agrees to convey lands as may be required through the
recommendation of the Update to the Master Environmental
Servicing Report for the construction of a stormwater management
facility and open space lands;
(ii) appropriate arrangements have been made to the satisfaction of the
City of Pickering that all the requirements for the development of the .
mixed use project have been complied with, including but not limited
to the value of the lands, conveyance and construction of the road
right-of-way required for access to the subject site, payment of the
owner's proportionate share of costs associated with the preparation
of required area-wide studies, and the cost of off-site works, the
sharing of commercial parking spaces with visitor parking, pedestrian
enhancements along Brock Road, sustainable site and building
design, parkland dedication, entering into a site plan agreement,
environmental and engineering requirements, securities and
insurance;
By-law No. xxxx/10 VT i Page 9
. 62
(iii) appropriate arrangements have been made to the satisfaction of the
Region of Durham for the conveyance of the road widening and sight
triangle, and the provision of sanitary, water and transportation
services and environmental and engineering requirements; and
(iv) appropriate arrangements have been made to the satisfaction of the
City (in consultation with the TRCA) for the conveyance of open
space hazard lands to a public authority and TRCA's approval of the
provision of environmental and engineering requirements.
6. Provisions ("OS-HL" Zone)
(1) Uses Permitted ("OS-HL" Zone)
No person shall within the lands designated "OS-HL" on Schedule I
attached hereto use any lot or erect, alter or use any building or structure
for any purpose except the following:
(a) preservation and conservation of the natural environment, soil and
wildlife;
(b) resource management;
(2) Zone Requirements ("OS-HL" Zone)
(a) No buildings or structures shall be permitted to be erected, nor shall
the placing or removal of fill be permitted, except where buildings or
structures are used only for purposes of flood and erosion control,
resource management, or pedestrian trail and walkway purposes.
7. By-law 3036
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.
BY-law No. xxxx/10 APA017 Page 10
8. 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 xxth day of xicxx, 2010.
David Ryan,
Debbie Shields, City Clerk
i .
i
' 64
/ ~om 3\
N~M2 \
co"
1
lNl~`
p PRS ~
j
}o
O 0N
S C
05 p PRZ \
o
5
J BUILDING ENVELOPE
N
BUILD-TO ZONE
SCHEDULE II TO BY-
PASSED THIS _mA
DAY O F 2010
MAYOR
CLERK
65 `
/
/
/
/
/
/ \ o
/
/ r
/
/
/
o
/
9F
) 16.
nF Mv~3 E
ti I GpN Z N
F }5.2m
o P FR 13. F
s
O N a \ \
G
Q n pF
N
TO BY-
SCHEDULE I
PASSED THIS
DAY OF 2010
MAYOR
CLERK
ATTACHMENT # TO
REPCURT # PD
66
ks O
ROAD O
~ Q
FFFM
a
Y O
1
F- o j
Z Q-,
W m 1
w O
i _
a
o p PICKERING 1
a ISLAMIC 1
m w CENTRE 1
a J i
= Q
0 i
1
ATOM i glow,
SUBJECT
PROPERTY
R
BROCK RIDGE
COMMUNITY PARK
MUFFINS CRESCENT
O
K
m
W
J
m
FINCH AVENUE FINCH AVENUE
ROA
D(/RHA
REGION L
POL IC
° 25th
o DIVISIO
W
0
" w
0
w_
J >
F-
CS01 L(n
O ~ Q
~~NG o
o W
o z
~ m z
D
m
y DR
U BAINBRIDGE
O
0] o z
~N
City of Pickering Planning & Development Department
PROPERTY DESCRIPTION PART OF LOT 18, CONCESSION 2 07\ .
OWNER 2143087 ONTARIO INC. DATE DEC. 23, 2009 DRAWN BY JB
FILE No. A 19/09 SCALE 1:5000 CHECKED BY IJ N
oT elrcEnterpriaea Inc. ono its suppliers. All rights Reserved. Nol plan of ,survey. PN-13
IF 2005 MPAC antl its suppliers. All ri hta Reaervetl. Not a plan of Survey.
ATTACHMENT # oZ TO
. . REPORT # PD-LO-9-10 2 W o
67 4ahN
W
R
000
~W4W
U a ~ 0
O
wW~
2
m~0
O 'v
022
3
4
Z
J
0
W
w CV
~v w
D>
CC _
Cn W a
Cl) Cn !
Z
U O) I
J >
QQo
~C/)~ o
Q R
O C)
cc:
LLJ
LL Q
/ Q, o oo W o 00 o ao
U o~
~ m
Q. Q ' J
w
O
o ° yy~
< 8 J
2 g V/ a Z CL
y§ W
o
O moo
Z a
g R
OdOa N008e
ATTACHMENT #-3 TO
REPORT # PD aOt-Ib
Information compiled from Applicants Submitted
Elevation Plan Commercial Building - ,
Commercial Focus Advisory Services 6 8
A 19/09
f E-i
WEST ELEVATION (FACING BROCK ROAD)
13 ~ . «...~'+..a..~ I J....a~ 3,. ~ ~ ~...1...:...~4~ . y«.. ..I.s
- ' , T!, -r- -
,
EAST ELEVATION (INTERIOR)
1
s
i 7- F"r- 17
NORTH/SOUTH ELEVATION
N
IH/S NAP WAS PRODUCED BY 7H£ CITY Or P/CK£R/NG,
P(ANN/NC 3 DEY£LGWNENT DEPARTMENT,
/NEORdUDON & SUPPORT SERnCM
DECEMBER 22, 2009
ATTACHMENT #~TO
REPORT # PD 926-110
Information compiled from Applicants Submitted
6.9 Elevation Plan Live/Work Townhouses -
Commercial Focus Advisory Services
A 19/09
-
EIL
WEST ELEVATION (FACING TOWARDS SROCK ROAD)
EAST ELEVATION
y.. ..c mow.
IF-I
SOUTH ELEVATION (SIMILAR NORTH ELEVATION) SECTION
07\
THIS MAP WAS PRODUCED BY THE CNY OF PICKERM,,
PLANNING & DEVELOPMENT DIEPAR MENT,
INFORAMTION Q' SUPPORT SERnCM
DECEMBER 22, 2009
ATTACHMENT # TO
REPORT # PD 10
City Information Report
Report Number: 02-10
For Public Information Meeting,of
PICKERI G
N Date: March 1 2010
70
In Accordance with the Public Meeting Requirements
of the Planning Act, R.S.O. 1990, chapter P.13
Subject: Zoning By-law Amendment -A 19/09
Commercial Focus Advisory Services
2055 Brock Road
(Part of Lot 18, Concession 2)
City of Pickering
1.0 Property Location and Description
- the subject lands are located on the east side of Brock Road directly north of
Duffins Creek (north of Finch Avenue) and are approximately 5.2 hectares in
area (see Location Map - Attachment #1);
- one vacant, detached, one storey brick dwelling currently occupies the site.
The structure is proposed to be demolished in the course of the development
of the site;
- the surrounding land uses are:
north - Pickering Islamic Centre and agricultural land;
south - West Duffins Creek and large lot detached residences on the
north side of Finch Avenue;
west - Brock Road, two storey detached houses on a local road parallel
to and facing Brock Road, and Brock Ridge Community Park;
east - East Duffins Creek and valleylands.
2.0 Applicant's Proposal
- the applicant has requested to amend the zoning by-law to permit a three
storey commercial building and a 13 unit,.three storey live/work townhouse
building as a first phase of the development on the lands (see Applicant's
Submitted Plan - Attachment #2);
- the proposed commercial building is to be located adjacent and parallel to
Brock Road, while the live/work units are to be located to the interior of the
site;
- the density of the residential component and the coverage (floor space index)
for the proposed commercial building cannot be determined until ownership
tenure and future ownership parcels are established;
- surface parking for 106 cars plus 13 individual garage spaces have been
proposed;
- access to the site would be from a new collector road (currently privately
owned);
ATTACHMENT # TO
Information Report No. 02-10 REPORT # PD c9q-ID Page 2
7
- the current proposal for the second phase of development includes a four
storey apartment building and three townhouse structures located to the east
of the Phase 1 lands;
- the subject rezoning application applies only to the first phase of the proposed
development.
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 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 and Major Open Space Area"; .
- "Regional Corridors" are to be planned and developed as mixed-use areas,
including residential, commercial and service areas with higher densities;
- the predominant use of lands designated in the "Major Open Space Areas" is
to be conservation and agricultural uses;
- the proposal appears to comply with the Durham Regional Official Plan;
3.3 Pickering Official Plan
- the City of Pickering Official Plan designates the northwest portion of the
subject properties as "Urban Residential Area - Medium Density" (Brock
Ridge Neighbourhood). The eastern and southern portions of the subject
lands are designated as "Natural Area";
- "Urban Residential Area - Medium Density" (Brock Ridge Neighbourhood)
areas are intended for residential uses, home occupations, limited offices
serving the area, and limited retailing of goods and services serving the area;
community, cultural and recreational uses; and compatible employment and
special purpose commercial uses serving the area;
- medium density permits development over 30 units and up to 80 units per net
hectare;
- the Brock Ridge Neighbourhood Plan designates a new collector road in the
location as shown on the proposed site plan for this application;
- a floor space index for commercial uses in a residential designation is not
identified;
- the proposal will be assessed against the policies and provisions of the
Pickering Official Plan during the further processing of the application;
ATTA S
CNMENT # TO
Information Report No. 02-10 REPORT # PD <`C1-10 Page 3
72
3.4 Duffins Precinct Development Guidelines
the Compendium Document to the Pickering Official Plan contains
development guidelines affecting the lands. Through the rezoning and site
plan approval process the proposal will be reviewed to ensure overall
conformity with the principles contained within the Duffins Precinct
Development Guidelines;
- the guidelines envision multi-unit, multi-floor buildings for the site. The
northwest corner of the subject site is intended to establish a strong building
presence along Brock Road, recommending the construction of buildings of
between four and eight storeys, and to frame the entry point into the precinct
at this location;
- a potential location for a storm water management pond is identified at the
east side of the subject lands;
3.4 Zoning By-law 3036
- the subject property is currently zoned "G" - Greenbelt;
- the existing zoning is intended for parks and park-related activities and
facilities, forestry, reforestation, conservation activities and agricultural uses;
- detailed site review concluded that a portion of the subject lands would be
appropriate for development as a part of the comprehensively planned Duffins
Precinct;
an amendment to the zoning by-law is required to allow the development of
the proposed development;
- the applicant has requested an appropriate zone that would permit the
proposed development.
4.0 Results of Circulation
4.1 Resident Comments
none received in response to the circulation to date;
4.2 Agency Comments
- none received to date;
4.3 City Department Comments
Development Control
• comments will be provided after an up-to-date Duffins Precinct, Southern
Lands, Environmental Servicing Plan has been submitted for review,;
4.4 Staff Comments
an Environmental Master Servicing Plan Phase II Report for Duffins Precinct
was prepared in 1999. The report did not receive approval from the TRCA,
and is now considered out of date due to subsequent policy changes and the
final determination of the full extent of the East Duffins Creek valleylands;
ATTACHMENT # _ TO
Information Report No. 02-10 REPORT # PD_c~ Page 4
73 City and TRCA staff have identified the need for an updated Environmental
Servicing Plan (ESP) for Duffins Precinct. The Terms of Reference for the
ESP report for the southern lands of Duffins Precinct is currently being
reviewed. Rezoning of any lands within the precinct is considered premature
until the ESP has been endorsed by both the City and the TRCA;
in reviewing the application to date, the following matters have been
identified by staff for further review and consideration:
• whether the new ESP will necessitate the provision of a stormwater pond
on the site and/or the potential need for increased stormwater retention
within the Phase 1 area of the subject lands;
• the determination of required ownership parcels and tenure;
• determination of the timing of the conveyance and payment for the
required collector road and services;
• whether cost sharing agreements are required for the new ESP, provision
of the stormwater management facilities, and construction of services and
the collector road;
• whether the proposed width of the live/work units is adequate for the
proper functioning of the commercial component of live/work units;
• whether a.road widening is required for Brock Road; .
• the Pickering Islamic Centre is currently experiencing difficulties as a result
of insufficient on-site parking spaces that may require special
consideration when considering the function and adequacy the parking
volumes and layout for the proposed development;
• determination that the resultant mix of uses permitted on the subject
property is compatible, viable and sensitive to existing surrounding
development, including traffic, noise, level of activity, scale and intensity of
the uses, and provides appropriate buffering and protection of the East
and West Duffins Creeks and valleylands, while not negatively impacting
on abutting properties, or traffic conditions;
• identification of coordination issues with the design and construction of the
Phase 2 lands;
• the identification of site plan/design concerns including the layout, fire
access, parking volumes and areas, ingress/egress, pedestrian
accessibility, traffic generation and patterns, amenity spaces, and
landscaped areas and features; and
• consideration of resident and neighbouring owner concerns; and
• evaluation of the application in terms of its level of sustainable
development components.
ATTACHMENT # TO Page 5
Information Report No. 02-10 REPORT # PDT-l0
74
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;
Planning Justification Report including Sustainable Development review
(comments required from City and Region staff)
• concludes that the proposal satisfies the intent of the Provincial and City
planning policies and represents good planning. It also outlines the
provision of a variety of small-scale sustainability initiatives. Staff may
recommend additional initiatives through the course of more detailed
review;
Environmental Report (comments required from TRCA, City and Region
Engineering)
• confirms that the proposed development has addressed the immediate
natural heritage issues associated with the subject properties and
Environmentally Significant Areas and that impacts from the proposed
development are nominal and can be readily mitigated through standard
measures;
Traffic Study (comments required from City and Region Engineering)
• concludes that the access as located within the proposed development is
acceptable and that small delays will be experienced by left turning
outbound traffic but that northbound and southbound through traffic on
Brock Road will be unaffected. Potential impacts on upstream and
downstream signalized intersections will be negligible;
ATTACHMENT # S TO
Information Report No. 02-10 REPORT # PQ 20D Page 6
. 75
- Stages 1 and 2 Archaeological Assessment (comments required from City
and Region staff)
• confirms that although no archaeological remains were found in the
Phase 1 area of the subject properties, this phase area falls within a
50 metre buffer zone around an area in which.a number of archaeological
fragments were found and is considered to have high cultural heritage
value. Monitoring by a licensed archaeologist'is recommended for areas
requiring grading or excavation that may extend below the limits of the
existing filled area on the site. A Stage 3 excavation of one-metre test
units is recommended for lands located within Phase 2;
- Functional Servicing Report (comments required from City and Region
Engineering)
• finds that the existing Brock Road sanitary sewer and watermain are
available to service the site. Stormwater management for the site will
include quantity and quality controls through the construction of a storm
sewer that will discharge to the West Duffins Creek, on-site detention, the
use of an oil/grit separator and an infiltration strategy;
- Preliminary Site Plan; (comments required from City and Region
Engineering);
- Preliminary Elevations; (comments required from City and Region
Engineering);
6.3 Company Principal
- the owner of the subject property is 2143087 Ontario Ltd. (Palwinder Singh
Verraich);
- Commercial Focus Advisory. Services (Stephen Fagyas) is the applicant.
(MOINALSIGNED BY ORIGINAL SIGNED BY
Isa James, MCIP, RPP Catherine Rose, MCIP, RPP
Planner II Manager, Policy
Uld
Attachments
Copy: Director, Planning & Development
ATTACHMENT #-5 TO
REPORT # PD
Appendix No. I to
Information Report No. 02-10
76
Commenting Residents and Landowners
(1) none received to date
Commenting Agencies
(1) none received to date
1
Commenting City Departments
(1) Development Control
ATTACHINIENT -TO
77 REPORT # PD_ - ID Excerpts from
Planning & Development
Committee Meeting Minutes
PICKEEJN Monday, March 1, 2010
7:30 pm -,Council Chambers
Chair: Councillor O'Connell
(III) PART `A' INFORMATION REPORTS
2. Zoning By-law Amendment -A 19/09
Commercial Focus Advisory Services
2055 Brock Road
(Part of Lot 18, Concession 2)
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
19/09.
Stephen Fagyas of Commercial Focus Advisory Services a representative for the
applicant appeared before the Committee in support of the application. Mr.
Fagyas noted that the applicant feels this is an opportunity to enhance Pickering
by developing a new first class neighbourhood facility and they feel it will
positively enhance the area. He stated that the application meets the land use
policies for the neighbourhood, City, Region and Province. He noted that the
plan provides enhanced employment opportunities in a new up to date
commercial area. He noted that the development would provide dollars to the
City in terms of Development Charges and taxes. He stated that the commercial
centre and live work units would accommodate some of the essential retail
service opportunities for the neighbourhood and also noted that the live work
units are highly desirable from a sustainable development perspective. Mr.
Fagyas also noted that the development would provide the adjacent Mosque with
desired services and felt that the development could help elevate some of the
existing parking problems in the area.
1
ATTACHMENT # 6 TO
REPORT # PD -I
Excerpts from
Cat o~ Planning & Development 8
y _ Committee Meeting Minutes 7
Monday, March 1, 2010
7:30 pm - Council Chambers
Chair: Councillor O'Connell
Irene Takeda, 1622 Rayleen Crescent, appeared before the Committee in
opposition to the application. She noted that additional development in the area
would just create additional traffic and parking problems and felt this
development would not alleviate the parking problems from the Islamic Centre.
She stated that on Friday afternoons her street is filled with cars that have
parked and walked to the Mosque. She noted that both sides of the street are
full and sometimes cars overhang across driveways. She stated that Brock
Road is impossible to drive on at times due to the amount of traffic. Ms. Takeda
stated that she did not see how this development would enhance the urban
forest and felt it would be detrimental to the forest and wildlife in the area. She
also noted that she felt there were too many buildings.
John Taylor, 1748 Finch Avenue, appeared before the Committee and asked for
clarification on what the jagged. line represented on the. plan. He noted that he
felt this development would take a lot of trees out and noted that he wanted to
continue to see wildlife in the area and felt the development would have a
negative impact on wildlife.
Jim Mason, 1734 Finch Avenue, noted that he thought the jagged line was the
mark of where the high water line was.
Stephen Fagyas of Commercial Focus Advisory Services stated that the jagged
line represented the top of bank. He noted that they were putting measures in
place to protect the wildlife by adding an additional 10 metres beyond the top of
bank. Mr. Fagyas noted that the development had 103 parking spaces and felt
that people would sooner park there than on the street.
A letter from Kindwin (Brock) Development Corporation and the Pickering Islamic
Centre, an email from residents at 1604 Rayleen Crescent and a petition from
area residents were submitted as correspondence to the application.
2
ATTACHN ENT #-7 TO
7 REPORT # PD__
In the name of Allah, the Most Compassionate, t'ie Most Merciful
PICKERING ISLAMIC CENTRE
4 <f5.
0
2065 Brock Road, Pickering, Ont. L1V 21'8 Tel: (905) 426-7887
info@pickerineislamiccentre.com
February 23, 2010
Vo
Hon. Dave Ryan
City of Pickering FEB z 6 2010
One The Esplanade OITY OF
Pickering, ON L 1 V 6K7 P"NN►NG a DECK o RIN
DEPARTMENT 1 VT
Hon. Mayor Ryan
Re: Proposed Development at 2055 Brock RD
South of
Pickering Islamic Centre
The Board of Trustees and the Managing Committee of Pickering Islamic Centre have been aware of
the application for Zoning Amendment, in order to proceed with proposed residential and commercial
development at the above-mentioned location. In our opinion, the development of this project will be
beneficial for the community.
We are supportive of the amendment to the zoning by-law, in order to permit mixed residential and
commercial development.
Sincerely yours
(Mohammed E. Rahim)
President
PICKERING ISLAMIC CENTRE
cc: Councilor Rick Johnson
cc: Councilor David Pickles
KINDWIN (BROCK) DEVELOPMENT CORPORATION
23 LESMILL ROAD - SUITE 114• TORONTO -ONTARIO - M38 3P6
TEL: (416) 291-1613 - FAX: (416) 291-1373 80
ATTACHMENT # TO
REPORT # PD_ -;n-IQ
RECEIVED
March 1, 2010 s'R 0 1 "Clio
CITY OF PICKEP,1NQ
PLANNING & DEVELOPMENT
City of Pickering
Planning & Development Department
1 The Esplanade
Pickering, Ontario L1 V 6K7
By Fax: 905-420-7648 and email
Attention: Ms. Isa James, MCIP, RPP
Planning and Development Department
Dear Ms. James:
Re: Zoning By-law Amendment - All 9/09
Commercial Focus Advisory Services
2055 Brock Road
Part of Lot 18, Concession 2
City of Pickering
We are the owners of the property which is adjacent to the north of the subject property. We have
had an opportunity to review the Report Number 02-10 for Public Information Meeting of March 1,
2010 and wish to provide our comments with regard to the subject application.
On page 4 of the report, Staff make the following statement-
'City and TRCA staff have identified the need for an updated Environmental
Servicing Plan (ESP) for Duffins Precinct. The Terms of Reference for the ESP
report for the southern lands of Duffins Precinct is currently being reviewed.
Rezoning of anylands within the precinct is considered premature until the ESP has
been endorsed by both the City and the TRCA."
We are in agreement that the subject application should not be approved until the ESP has been
completed and cost sharing arrangements for the servicing of Phase 1 and Phase 2 development
have been put in place. We will be participating in the funding of the ESP and anticipate, as noted
in the report, that it will identify servicing and stormwater management facilities that will have to be
cost shared for the orderly development of the overall southern lands of the Duffins Precinct.
Furthermore, a future collector road on our property which will serve the subject property needs to
be cost shared. We appreciate that both the ESP and cost sharing issues have been identified in
the Staff report as matters for further review and consideration prior to'recommending approval of
the subject application.
ATTACHMENT # TO
8 1 REPORT # PD D1-10
In closing, we wish to advise that we are willing and able to participate in discussions with Staff and
the applicant to reach mutually satisfactory agreement on the issues noted above.
Yours truly,
KINDWIN (BROCK) DEVELOPMENT CORPORATION
David Bran
cc: Stephen Fagyas,
Commercial Focus Advisory Services
Fax: 416-972-9588
ATTACHMENT #~TO
REPORT # PD olq -10 82
James, Isa
From: Mukkaram Hussain [mukkaramh@hotmail.com]
Sent: March 1, 2010 12:59 PM
To: James, Isa
Cc: Mukkaram Hussain
Subject: Sub : Appeal against zoning ( construction )Zoning Amendment Application A 19/09
Importance: High
Hi Isa James,
Last year we purchased a property at Rayleen Crescent for our family.
It is a beautiful quite neighbourhood and that is the main reason why we invested in that area.
But recently I received a letter stating that they have plans to change the zone by building commercial
and residential complexes.
We do not approve of any High rise building in our quite , eco friendly neighborhood.
I believe it will be a setback to this beautifully located green belt.The High rise would mean more of noise
pollution and air pollution.It would destroy the calmness of Pickering. And the main reason we moved
here with our family is because of its tranquility and serenity. We would love to see Pickering as a green
and clean city. As concerned citizens of this country and city , and to ensure that this green and clean
environment remains for generations to come we strongly OPPOSE IT.
I appreciate if you look into the matter and keep our area green.
Thanks.
Regards,
Md Mukkaram Hussain and Mehjabeen Fatema
1604 Rayleen Crescent
Pickering, L1x 1x4
' 1
ATTACHMENT # /O TO
p 7 REPUR! # PD-,2q-/I)
Planning and Development Department
City Hall
C Ve .
City of Pickering, Pickering Ont. L1V 60 6~
MAR 12010
C17-Y
Dear Sir: P/-ANND®P ECE O I G .
MFNT IVT
Re: 2055 Brock Road, Rezoning Application
WE note the rezoning application sign on the adjacent property. We attend the Mosque to the north of
the subject site.
We are very much in favour of the rezoning for the following reasons:
i
1. The worshipers of the Mosque will use the services proposed.
2. The proposed uses are required in the Duffin Heights Neighbourhood.
3. The proposal is good use of the land that has been sitting there a long time.
4. The proposal represents good planning.
5. The proposal protects the Duffins Creek Ravine.
6. There is no reason why this should not be approved in today's tough economic environment.
7. This will generate more employment, wages, and taxes.
Your sincerely,
Name Address p
AlC-A
ATTACHMENT #-222-TO
REPORS # PDT 84
Name Address
(Z.-
5 7
6. r P~kcol) L1 V 2-
8. 6-f 3 e_Ik' c ' , " e-
9. 07'7 5"
k 2- &A
10.~~
ZS" `S i C lie zi P41k
osl
12. Sj~M TO i - F- r 27'g)j~- "~D , L-1.5
~ `~Zt G%u tki7 ~L
'Z I
14.
15.Z~
/Scl ~i .YT 7G.~ lrJ ~/R Cf c~
16. A SiF S ~R;) NDi LIV L J
17.
6 ~H r-~ ~t tG S 2~~ is r y X I
18. mr,_p
19.
4 .C-\
20. .V \ )k
21. f-Ov 763 r
r.
23.
24. Apr&
25.
26. NR
7 2010
27. P4 4NAISIIVQ tPi /fe
ERIU 11 fv
PIVj,~.o
ATTACHMENT # TO
85 REPORT # PQ 5I-ID
Pickering Planning & Development. Department
Pickering Civic Complex
One The Esplanade
Pickering, Ont. L1V 6K7 449
L'/T 8 v
a NOF p'c 2010
°F~FkFR~
Dear Sir: RTMFiy~pMFNG
Re: Proposed Development Application A 19/09
I
We attend the Mosque next door to this property. I am a resident at
in Pickering.
We support the proposed commercial development, it will be supported by the members of the
Mosque.. The land has been sitting there many years and we support the application. This is good
planning, and Council should encourage the developer.
Yours truly,
{
i~
c.c. Mayor Ryan
Councilor David Pickles,
Councilor Rick Johnson
i
i
l
ATTACHMENT # ~a TO
May 18, 2010 REPORT # RD aq-Il7
' ~ I 1
C E0 86
Isa James, Planner II
l
Planning & Development Department i 9 20
City of Pickering 0 PIVI.-WERING
The Esplanade _J A$ N3NG & JEVE OPIVIE;A
Pickering ON L1V 6K7 DEPARTNTIENT
Dear Ms. James:
Re: Zoning Amendment Application A19/09
The Regional Applicant: Commercial Focus Advisory, Services
Municipality Location: 2055 Brock Road
of Durham Part Lot 18, Concession 2
Planning Department Municipality: City of Pickering
605 ROSSLAND ROAD E The Regional Municipality of Durham (The Region) has reviewed the above noted
aTM FLOOR application and offers the following comments for your consideration.
PO BOX 623
WHITBY ON L1 N 6A3
CANADA The purpose of this application is to amend the zoning by-law on the subject lands to
905-668-7711 permit a three story commercial building and a 13 unit three story live/work
Fax: 905-666-6208 townhouse building as a first phase of the proposed development. The subject
Email: planning@durham.ca
property is currently zoned G - Greenbelt.
www.durham.ca
Regional Official Plan
A.L. Georgieff, MCIP, RPP
Commissioner of Planning The subject lands are currently designated 'Living Area' with the 'Regional Corridor
overlay and 'Major Open Space' in the Durham Region Official Plan (ROP). Since
the proposed development is located in the .northwestern part of the subject property
however, it is outside of the Major Open Space area. The ROP states that Living
Areas shall be used predominantly for housing purposes. The ROP 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, 2009 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.
The ROP states that the predominant use of lands in Major Open Space areas shall
be conservation. The ROP also states that any proposal for development or site
alteration shall demonstrate that there will be no negative effects on key natural
heritage or hydrologic features or their functions. The southern and eastern portions
of the subject lands are identified as containing a "Key Natural Heritage and/or
"service Excellence Hydrologic Feature", as per Schedule B - Map B 1 d in the ROP.
-fcr,oi Coinuiunities"
100% Post Consumer
ATTACHMENT #-L2-TO
REPORT # PDq Page 2
87
An Environmental Impact Study, prepared by Watershed Management Ecology and
dated October 2009, was submitted in support of this application. The report
concludes that the current development plan has addressed the immediate natural.
heritage issues and Environmentally Significant Areas associated with the subject
lands, and that impacts associated with the plan are considered nominal. It is
suggested that the City of Pickering obtain comments from the Toronto and Region
Conservation Authority regarding the study.
The subject property abuts Brock Road (Regional Road 1), which is designated as a
Type 'A' Arterial Road in the Durham Regional Official Plan. Brock Road is also
designated as a Transit Spine in the Durham Regional Official Plan. Development
adjacent to Transit Spines shall provide for complementary higher density uses and
buildings oriented towards the street.
The proposed amendment is consistent with the Region's policies stated above.
Provincial Policies & Delegated Review Responsibilities
This application has been screened in accordance with the terms of the provincial
plan review responsibilities.
Potential Site Contamination
In the City of Pickering's Screening Questionnaire for Identifying Potentially
Contaminated Sites, the applicant noted that a Phase II Environmental Soils
Assessment for Clean Fill materials was undertaken during July, 2003. Since this
report is over seven (7) years old, and since a Record of Site Condition (RSC), was
never filed, an updated Phase I Environmental Site Assessment (ESA) is required to
be undertaken. If this ESA finds evidence of contaminated soils then a Phase II ESA
and RSC will be required by The Region.
Archaeological Potential
A Stage 1 and 2 Archaeological Assessment report, dated July 2009 and prepared
by A.M. Archaeological Associates, was submitted with this application. This report
should be provided to the Ontario Ministry of Culture for their review and acceptance.
Road Noise
It has been determined that the subject property is within 300 m of Brock Road,
which is a Regional Road and a Type 'A' arterial road, and as such, the Region
recommends that a Noise Impact Study, which addresses noise impacts and
mitigation measures for the residential units within the application, be prepared and
submitted for review.
Regional Services
Municipal water supply and sanitary sewer service is available to the subject
property, but the property is currently connected to municipal water supply only. As
a condition of site plan approval, the watermain will need to be extended
approximately 140 metres to provide for security of supply and circulation. The
applicant will be required to reimburse the Region for the existing sanitary sewer and
watermain. The cost will be based on the minimum size required to service the
subject lands and will be calculated when a detailed engineering submission is
made.
ATTACHIMENT # ZE TO
REPORT # PD o`=10 Page 3
Durham Region Transit & Transportation 88
The proposal does not present any significant Durham Region Transit impacts.
Since Brock Road is designated as a Type 'A' Arterial Road in the ROP, the Region
requires sufficient widening to provide for a 22.5 metre right-of-way east of the
centerline of Brock Road (approximately 7.5 metres). In addition, the Region will
require dedication of a 12m x 6m sight triangle.
The Region has reviewed the Traffic Impact Study submitted in support of this
proposal and offers the following comments:
• Trip generation and analysis should include the entire development proposal,
Phase 1 and Phase 2, and address the appropriate horizon years (Phase 1 and
full build-out);
• Revise the trip generation calculations to reflect the current ITE Trip `Generation
data (8th Edition);
• Separate figures should be provided to demonstrate the following:
1. Existing traffic;
2. Future background traffic;
3. Site traffic (Phase 1);
4. Site traffic (full build out);
5. Future total traffic (Phase 1);
6. Future total traffic (full build out)
• The report should provide a table demonstrating how the trip distribution was
derived from the existing Brock Road traffic volumes. The Region also requires
a description of the process used to assign the development related trips to the
road network. This information will be used to verify that the appropriate
assumptions were used;
• Intersection capacity analysis must be completed using Synchro;
• Conclusions regarding the warrant for a right turn lane should be based on the
Region's right-turn Lane Guideline.
The above transportation comments shall be addressed with the future site plan
application.
Please contact me at 905-668-4113 ext. 2571 should you have any questions or
require additional information.
Yours truI
Vannit ha havon MCIP, RPP
Planner
Current Planning
cc: Regional Works Department - Pete Castellan
Durham Region Transit -Neil Killens
I
ATTACHifEP,1T #_13 TO
REPORT # PD o` C ~a
TORONTO AND REGION
- A....onservation
$Ju a49,floThe Living City CFN 41890.03
BY E-MAIL AND MAIL
7 7-
Ms. Isa James -
Planning and Development
City of Pickering
Pickering Civic Centre
One The Esplanade "T Y
Pickering, ON L1V 6K7 ,•„t
Dear Ms. James:
RE: Zoning By-law Amendment Application No. A19/09
2055 Brock Road
City of Pickering
Palwinder Singh Verraich
Thank you for the opportunity to review the following documents received on February 8, 2010 in support of the
above referenced Zoning Bylaw Amendment:
• EIS, prepared by Watershed Management Ecology, dated October 2009;
• FSR, prepared by Sernas, dated August 6 2009 (includes Grading and Servicing Plans);
• Drawing A100, Site Plan, prepared by Kohn Architects, dated August 13, 2009;
• Drawing A200, Site Plan, Phase 1, prepared by Kohn Architects, dated August 13, 2009.
Further to our meetings with the applicant, we are writing to formally express our concern that the proposal is
being submitted without consideration of the results of a comprehensive Master Environmental Servicing Plan
Update for the Duffins Precinct South Lands. TRCA has reviewed and approved the. Terms of Reference for
the Update, prepared by Sernas Associates, and we understand that work has begun to prepare the Update.
We confirm our support of the City's position in your letter of April 29, 2010.
We have conducted a preliminary review of the submitted documents and find them deficient, as follows:
1. The SWM Report and EIS use outdated criteria and must conform to the future MESP Update.
2. The ToR for the EIS was never approved by the TRCA. We provided comments on May 13, 2009 but
these comments were never incorporated into a revised Draft ToR. The EIS has not taken into
consideration these comments. The EIS needs to be entirely re-written.
3. There is extensive grading proposed for Phase 1, which yields an assumption that Phase 2 will be
considerably raised, with potential impacts on the valley and as-yet-unknown municipal servicing.
In conclusion, we cannot support the approval of the Zoning Bylaw Amendment at this time. We request that
the application be deferred until the MESP Update has been approved by TRCA and the City of Pickering.
Following this, we request a comprehensive resubmission.
We trust this is of assistance. Please feel free to contact me if you have any questions.
S' rely,
teven Heuchert, MCIP, RPP, MRTPI
Manager, Development Planning and Regulation
Planning and Development
Extension 5311
cc. Stephen Faygas (by e-mail)
G:\Home\Public\Development Services\Durham Region\Pickering\2055 brock_Ldoc
Member of Conservation Ontario
5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca
e~y
ATTACHMENT # ~TO
City o~ REPORT # PD 52 90
PILKERIN Memo
To: Isa James July 28, 2010
Planner II
From: Robert Starr
Manager, Development Control
Copy: Coordinator, Development Approvals
Inspector, Development Control
Subject: Zoning By-law Amendment Application A 19/09
Commercial Focus Advisory Services
2055 Brock Road
(Part Lot 18, Concession 2)
City of Pickering
We have reviewed the latest submission for the above-mentioned application and our comments
are as follows:
Planning Justification Report, prepared by Commercial Focus Advisory Services Inc.,
dated August 2009
1. Section 2.1.2 the proposed daylight triangle is a decision which will be made by the Region,
since Brock Road is a regional road.
2. Section 2.2.1 Roads is incomplete, and the 18.0 metre right-of-way should be revised to
20.0 metre right-of-way.
3. Section 2.4 indicates that the site will have a storm sewer directing flows to the sanitary
sewer on Brock Road. This will need to be revised.
General Comments:
1. Further comments on servicing requirements for these lands is pending the approval of the
Duffin Precinct (southern lands). Environmental Servicing Plan up-date.
2. Road widening may be required along the north boundary of the property pending the
proposed design of the Brock Road intersection and the design of the access road (either
local road or collector). The traffic report will need to address the future build out of this
area to determine road needs.
3. We will require the applicant to enter in to an agreement with the City that will address, but
not be limited to; construction of the access road, including sidewalks, street lighting,
boulevard, tree planting and associated cost sharing, storm sewers, stormwater
management including any land conveyance and cost sharing, easements, cost sharing
related to the Duffins Precinct ESP, securities, insurance, associated fees etc.
RS:Id
JADocuments0evetopment Control\BOBSTARRYnemostapplicationsizoning amendmenlW 19-09 Commercial Focus Advisory Services.doc