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HomeMy WebLinkAboutPD 10-11 Cif Report To ' Planning & Development Committee PICKERING Report Number: PD 10-11 Date: April 11, 2011 67 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment - A 10/10 Gazarek Realty Holdings Ltd. on behalf of St. Mary & St. John the Beloved Coptic Orthodox Church 980 - 984 Kingston Road (Range 3 B.F.C. Part Lot 25, 26 Now RP 40R-1090 Part 14, 15, 17 and Part Road Allowance between Range 3 B.F.C. & Concession 1 Now RP 40R-11222 Part 3, 4 and Concession 1 Part Lot 25, 26) City of Pickering Recommendation: 1. That Report PD 10-11 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 10/10, submitted by Gazarek Realty Holdings Ltd. on behalf of St. Mary & St. John the Beloved Coptic Orthodox Church, to permit a place of religious assembly, a day nursery and limited commercial uses on lands being Part 1 40R-3466, Parts 2-5 40R-5805 and Part 1 40R-11779, be approved; and 3. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 10/10, as set out in Appendix I to Report PD 10-11, be forwarded to City Council for enactment. Executive Summary: The subject lands are located on the north side of Kingston Road east of Fait o port Road between Merntton Road and the CN Rail overpass (see Location Map - Attachment #1). The subject lands contain two vacant buildings that have been used most recently for automobile dealerships. The owner, on behalf of St. Mary & St. John the Beloved Coptic Orthodox Church, is proposing to amend the zoning by-law to permit a place of religious assembly, a day nursery and limited commercial uses in addition to certain uses already permitted on the site (see Applicant's Submitted Plan - Attachment #2). The application is recommended for approval. The proposed uses are compatible and appropriate for the subject lands in this neighbourhood and offer the opportunity for a reuse of the existing buildings in conformity with the Official Plan. Report PD 10-11 April 11, 2011 Subject: Gazarek Realty Holdings Ltd. (A 10/10) Page 2 Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: Staffs review of the application against the City's Draft Sustainable Development Guidelines resulted in a score below the Level 1 standard. Due to the nature of the proposal (adding new uses within an existing commercial building to utilize vacant space), there are limited opportunities to achieve a Level 1. The development proposal provides opportunities for efficient use of vacant space, potential for greater diversity of uses for the area and takes advantage of existing infrastructure within the City's urban area. The applicant's proposal to reuse the existing building helps to keep materials out of landfill sites for an extended. period of time. There may also be an opportunity to improve the sustainable aspects of the subject site through site plan review and through interior building permit processes. 1.0 Background: The applicant is proposing to amend the zoning by-law to permit a place of religious assembly, a day nursery and other uses at 980 & 984 Kingston Road. The property is currently occupied by two vacant buildings which were previously occupied by automobile dealerships. Currently, business office, financial institution, professional office, restaurant - type A, vehicle repair shop and vehicle sales or rental establishment uses are permitted on the subject lands. 2.0 Comments Received: 2.1 At the February 7, 2011 Public Information Meeting (see text of Information Report & Meeting Minutes, Attachments #3 & #4) Anneta Tomais of 5 Todd Road, Ajax spoke on behalf of Muppets Child Care Centre located at 986 Dunbarton Road. She noted concern with the proposed day nursery on the grounds that there were already four daycare centres in the area, that her facility was not at capacity and that an additional facility may negatively impact their enrolment numbers. Verne Bruce of 975 Merritton Road (adjacent to the subject lands), appeared in opposition to the application. He noted concern that the daycare would generate additional noise during the day, that it might increase on-street parking on Merritton Road and that it was not an appropriate use for the site given the close proximity to the railway tracks. He suggested that if a day nursery were to be approved it should be restricted to the most easterly building on the site. 2.2 Written Public Submissions on the application No written public submissions were received on the application. Report PD 10-11 April 11, 2011 Subject: Gazarek Realty Holdings Ltd. (A 10/10) Page 3 69 2.3 City Departments and Agency Comments Region of Durham • the site is designated "Living Area" with a Planning Department "Regional Corridor" overlay in the Durham Regional Official plan, intended to be planned and developed for mixed-uses, including residential, commercial and service areas with higher densities • cultural facilities for purposes such as religion are to be directed to- locations that are visible and accessible to residents of the Region, preferably in close proximity to existing and future transit routes • the application has been screened in accordance with Provincial Interests and Delegated Review • a Record of Site Condition should be filed with the Ministry of the Environment prior to approval of the application (see Attachment #5) Toronto and Region require a separate conservation zone category for Conservation Authority the portion of Dunbarton Creek that crosses the (TRCA) property (see Attachment #6) CN Rail it is up to the proponent and municipality to consider the potential for any impacts to proposed uses near active railway lines and whether attenuation measures are warranted for industrial and commercial uses. Recommendations include that buildings be set back 30 metres from the railway right-of-way in conjunction with a 2.5 metre high berm or a 2.0 metre high berm for secondary main lines (see Attachment #7) No other agency that provided comment has any objection to the subject applications. i 3.0 Discussion: 3.1 The proposed uses comply with the Regional Official Plan and the City's Official Plan The applicant's proposal conforms to the Region of Durham Official Plan which designates the subject properties "Living Area" with a "Regional Corridor" overlay. Regional Corridors are intended to be used for residential, commercial and service areas with higher densities, supporting transit service and featuring a high degree of pedestrian oriented design. Cultural facilities, including places of religious assembly, are permitted in urban areas at locations that are visible and preferably in close proximity to existing and proposed transit routes, which is the case with this application. i Report PD 10-11 April _ 11, 2011 Subject: Gazarek Realty Holdings Ltd. (A 10/10) Page 4 70 I The City of Pickering Official Plan designates the subject properties "Mixed-Use Area - Mixed Corridor" (Dunbarton Neighbourhood). The proposed uses are in keeping with the Official Plan policies which encourage mixed uses to serve a broader area at a community scale and intensity. Approval of the zoning by-law amendment to permit the requested uses conforms to the City's Official Plan. The City is currently undertaking a review of the Pickering Official Plan and Kingston Road Development Guidelines in order to bring them into conformity with the Provincial Growth Plan. Specific areas of the City, including the Kingston Road Corridor, are being reviewed as potential locations for increased intensification. Approval of the proposed zoning by-law amendment will not preclude the future redevelopment of the site at a higher density. Staff recommend that the proposed uses be restricted to the existing buildings on the site, so that any additions or redevelopment of the site can be reviewed in accordance with future intensification policies. 3.2 The proposed uses are appropriate for the, site The location of the subject lands on an arterial road and transit spine are appropriate for a place of religious assembly use. The site is well buffered from residential areas to the north by the CN Rail line and to the abutting residential property on Merritton Road, by a substantial change in grade. The proposed restriction of the permitted uses to existing buildings further minimizes the impact of the change of use on neighbouring properties. The place of religious assembly use is proposed to be located in the easterly building on the site. Proposed uses for the westerly building include a day nursery, uses accessory to the place of religious assembly and commercial uses such as business offices, commercial school, financial institution, and professional office. The westerly building is considered more appropriate for a day nursery as it is located beyond the recommended 30 metre setback from the CN rail line. Sufficient space is available on the site for parking and circulation related to a daycare centre. Space for a potential play area is also available at the west limit of the property. Prior to the issuance of a building permit for a daycare centre, staff will require site plan approval to confirm the location of a play area and adequate on-site circulation related to the use. In response to the concern raised at the Public Meeting regarding a potential over-supply of daycare facilities in the area, the City does not regulate competition of this type of use through zoning. Each application is considered on its own merits based on planning considerations. With respect to the concern raised about the potential noise generated by a daycare use on the adjacent neighbouring residential property to the north, the substantial grade differential between the two properties should limit the noise reaching the rear yard of the residential property. Report PD 10-11 April 11, 2011 Subject: Gazarek Realty Holdings Ltd. (A 10/10) Page 5 71 The residential property is approximately 2.5 metres higher than the grade of the westerly building. In addition, the residential property is more likely to be affected by noise generated by the surrounding commercial uses, the CN Rail line, and adjacent highways than by a limited number of children in the play area. The desirability of incorporating uses in addition to the place of religious assembly and day nursery was also raised at the Public Meeting. Staff are proposing a number of additional commercial uses in order to increase the usability of the westerly building on the site. Staff has taken the observations of the parking study submitted with the application into consideration in evaluating a number of potential uses for the site and are recommending uses that are not only compatible with the place of religious assembly and day nursery uses, but also generate a parking demand that can be accommodated by existing parking on the site. Staff are of the opinion that the currently permitted vehicle sales or rental establishment, vehicle repair shop, and restaurant-type A uses are not appropriate in combination with the proposed new uses due to potential traffic, parking and compatibility concerns. These uses are recommended to be deleted in the zoning by-law amendment. 3.3 Access, on-site circulation and parking appear adequate but need to be confirmed The primary access to the site will continue to be from the full-moves access from Kingston Road, located at the western limit of the property. A secondary vehicle access from Merritton Road along the northern boundary of the site will also be provided. Merritton Road intersects with Kingston Road approximately 100 metres to the west of the site's primary access location. A parking study undertaken by Poulos and Chung Ltd, submitted in support of the subject application, indicates that the number of parking spaces on the subject lands are sufficient to accommodate the proposed place of religious assembly in the easterly building, as well as the proposed day nursery and commercial uses in the westerly building. The parking study indicates that a total of 288 spaces are available on the site. However, staff note that 20 of these parking spaces in the southeast portion of the property are on public property and therefore cannot be included as required parking. In addition, it is estimated that six to eight existing parking spaces could be replaced by the required outdoor play area for a day nursery use, resulting in a net supply of 260 existing parking spaces. A maximum of 125 parking spaces are required for the place of religious assembly use in the easterly building, based on a maximum occupancy of 500 persons for the place of religious assembly, and the standard rate of 1 space per 4 persons as required in the parent zoning by-law. Report PD 10-11 April 11, 2011 Subject: Gazarek Realty Holdings Ltd. (A 10/10) Page 6 Given the above, of the total, number of existing spaces, 135 spaces are available for uses in the westerly building which has a total gross floor area of 1,170 square metres. The parking study assumes that 15 spaces would be required by a 465 square metre daycare centre. Therefore 120 spaces would be available to the remaining 705 square metres of gross floor area in the westerly building, which is sufficient for the proposed uses. In addition, peak parking demand times for the place of religious assembly use in the easterly building and the non-church related uses in the westerly building are not likely to coincide. As a portion of the parking area on the site is an elevated gravel parking area previously used by the car dealership for the storage and display of cars, a site plan will be required, to confirm the number of parking spaces, and accessibility of the spaces. As mentioned previously, a small portion of the parking lot (about 20 spaces and associated drive aisle) in the south-easterly portion of the site is on public lands. Prior to site plan approval, the applicant will be required to obtain an encroachment agreement or easement for the lands, or acquire the lands. 3.4 A separate open space zone category for Dunbarton Creek is required TRCA requires, a conservation zone for the portion of the Dunbarton Creek that crosses the eastern portion of the subject lands. The boundaries of a conservation zone have been established to the satisfaction of the TRCA and incorporated into the draft by-law amendment schedule. 3.5 CN Rail easement, fence requirement, set back and berm recommendations For purposes of determining the need for safety, noise and vibration mitigation measures, CN considers the proposed place of religious assembly and day care uses to be sensitive uses within an industrial and commercial land use category. They strongly recommend that mitigation measures be considered when converting from the existing commercial use to a place of religious assembly. The recommended mitigation measures which apply to this site include a building setback of 30 metres from the railway right-of-way and a 2.5 metre berm (for principal main lines) within, that setback distance. The easterly building is situated approximately 25 metres south of the railway right-of-way. The westerly building is situated approximately 71 metres south of the railway right-of-way. As mentioned previously, staff are recommending that the day nursery be restricted to the westerly building which is located more than double the recommended setback distance from the railway right-of-way. The attached draft by-law incorporates a provision limiting the day nursery uses to the westerly building. Report PD 10-11 April 11, 2011 Subject: Gazarek Realty Holdings Ltd. (A 10/10) Page 7 73 It is not possible to accommodate the full 30 metre setback and 2.5 metre high berm for the existing easterly building. Although the proposed church is also considered a sensitive use, it will be used for periods of relatively short duration and relatively infrequently through the week. It is considered to pose less of a risk than other uses proposed on the site. The noise and vibration generated by a passing train might occasionally disrupt gatherings in the facility. The applicant can consider interior noise attenuation measures to mitigate the severity of the disturbance. In addition, CN Rail requests that an environmental easement in favour of CN Rail be registered on title to reduce the possibility of future noise complaints, and that a 1.8 metre high chain link fence be installed along the limit of the railway right-of-way abutting the subject lands. The applicant has indicated a willingness to register such an easement on title to the property, and to install the fence. These requirements can be met as part of site plan approval. 3.6 No remediation requirements were identified in the Phase II Environmental Site Investigation The Phase II Environmental Site Assessment concludes that the subject site complies with the Ministry of the Environment standards. In accordance with the Region's requirements, the applicant has submitted the Record of Site Condition to the Ministry of the Environment for filing. A "(H)"Holding provision is required on the zoning until confirmation of filing has been received from the Ministry of the Environment. 3.7 Draft Zoning By-law amendment restricts place of religious assembly to the easterly building, day nursery use to westerly building In accordance with staff and agency requirements noted above, the draft by-law amendment attached as Appendix I provides for the following: a) A place of religious assembly use in the existing easterly building (maximum total gross floor area of 1,075 square metres). b) Uses accessory to a place of religious assembly, one day nursery (maximum gross floor area of 465 square metres), one commercial school, financial institutions, business offices and professional offices within the existing westerly building. c) Deletion of restaurant-type A, vehicle repair shop, and vehicle sales or rental establishments. d) A minimum number of 260 parking spaces. e) An open space zone for the easterly portion of the site. f) A "(H)" Holding provision for all of the uses subject to the filing of a Record of Site Condition with the Ministry of the Environment. It is recommended that the attached draft by-law be finalized and forwarded to Council for enactment. Report PD 10-11 April 11, 2011 Subject: Gazarek Realty Holdings Ltd. (A 10/10) Page 8 74 4.0 Applicant's Comments: The applicant concurs with the recommendations of this report. Appendix: Appendix I: Draft Implementing Zoning By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Text of Information Report 4. Minutes from February 7, 2011 Statutory Public Meeting 5. Agency Comments - Durham Region Planning Department, dated January 17, 2011 6. Agency Comments - TRCA, dated January 6, 2011 7. Agency Comments - CN Business Development & Real Estate, dated January 31, 2011 Prepared By: Approved/Endorsed By: Isa Jam s, • CIP, RPP Neil Carro , , RPP Planner II Director, P ping & Development 1AA WOW3J-J) Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design IJ:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickerinait Council ~ . Z2 20 Tony Prevedel, P. Eng. Chief Administrative Officer Appendix I to Report PD 10-11 75 Draft Implementing Zoning By-law Amendment Application A.10/10 76 The Corporation of the Ff f Pickering By-"laJI xxxx/11 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 2498/87, By-law 2923/88 and By-law 6128/03, to implement the Official Plan of the City of Pickering in the Region of Durham, Range 3 B.F.C. Part Lot 25, 26 Now RP 40R-1090 Part 14, 15, 17 and Part Road Allowance between Range 3 B.F.C. & Concession 1 Now RP 40R-11222 Part 3, 4 and Concession 1 Part Lot 25, 26, City of Pickering. (A 10/10) Whereas the Council of The Corporation of the City of Pickering deems it desirable to amend the existing zoning of the subject lands to amend a "SC-26" zone in order to permit a place of religious assembly, a day nursery, and a commercial school within the existing buildings on the subject lands being Range 3 B.F.C. Part Lot 25, 26 Now RP 40R-1090 Part 14, 15, 17 and Part Road Allowance between Range 3 B.F.C. & Concession 1 Now RP 40R-11222 Part 3, 4 and Concession 1 Part Lot 25, 26, in the City of Pickering; And whereas an amendment to By-law 3036, as amended by By-law 2498/87 and By-law 2923/88, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule Amendment Schedule "I" to By-law 2498/87 as amended by By-law 2923/88, is hereby amended by showing the existing buildings "Building 'A"' and "Building 'B"' on the lands zoned "SC-26", by replacing an easterly portion of the zoning category "SC- 26" with zoning category "OS-HL" and by replacing the "SC-26" zoning category with "(H)SC-26". 2. Text Amendment (1) Section 4. - Definitions of By-law 2498/87 as amended by By-law 2923/88, is hereby amended by removing the following definition: (1) "Assembly Hall" shall mean a building or part of a building in which facilities are provided for purposes such as civic, educational, political, religious or social meetings and which may include an auditorium or a banquet hall; (2) Section 4. - Definitions of By-law 2498/87 as amended by By-law 2923/88, is hereby amended by adding the following definitions and re-alphabetizing and re-numbering the subsections (1) to (29): By-law xxxx/11 Page 2 (2) "Body Rub Parlour" shall mean any premises or part thereof where a 77 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; (14) "Neighbourhood Store" shall mean a retail store in which food, drugs, periodicals, or similar items of day-to-day household necessity are kept for retail sale primarily to residents of, or persons employed in the immediate neighbourhood; (18) "Place of Religious Assembly" shall mean lands or premises where people assemble for worship, counseling, educational, contemplative or other purpose of a religious nature, which may include social, recreational, and charitable activities, and offices for the administration thereof; (3) Subsection 5.(4) (a) Uses Permitted is hereby amended by including the following uses and including provisions as follows: 5. Provisions ("SC-26" Zone) (a) Uses Permitted ("SC-26" Zone) (i) No person shall within the lands designated "SC-26" on Schedule "I" hereto undertake any use for any purpose except as follows: A. business office B. commercial school C. day nursery D. financial institution E. place of religious assembly F. professional office (4) Subsection 5.(4)(b)(iv). Parking Requirements is hereby amended by deleting subparagraph B 1.; by changing the minimum number of parking spaces in subparagraph B 2. from 225 to 260; by deleting paragraph C; and by amending paragraph E and re-lettering the subsection as follows: (iv) Parking Requirements: A For the purpose of this clause "parking space" shall mean a useable and accessible area of not less than 2.6 metres in width and 5.3 metres in length for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; By-law xxxx/11 Page 3 78 B There shall be provided and maintained on the lands designated "SC-26" on Schedule "I" a minimum of 260 parking spaces; C Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply to the lands designated "SC-26" on Schedule "I" attached hereto; D All parking areas shall be set back a minimum of 3.0 metres from all road allowances; E Despite Section 5.21.2g) of By-law 3036, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (5) Subsection 5.(4)(b)(v) Special Provisions is hereby amended removing paragraphs A to D and adding a new paragraph A as follows: A One place of religious assembly shall be permitted and shall only occur in the easterly building existing as of the day of the passing of this by-law and as shown as Building 'B' on Schedule "I" to this by-law, and shall not exceed a maximum gross floor area of 1,075 square metres. B Uses accessory to the place of religious assembly use shall be permitted in the westerly building existing as of the day of the passing of this by-law and as shown as Building `A' on Schedule "I" to this by-law. C One day nursery shall be permitted and shall only occur in the westerly building existing as of the day of the passing of this by-law and as shown as Building 'A' on Schedule "I" to this by-law, and shall be restricted to a maximum of 54 children and shall not exceed 465 square metres in size. D Building `A' shall not exceed a maximum gross floor area of 1,175 square metres. (6) Section 5.(4)(c) is hereby added as follows: (c) Uses Permitted Zone Requirements ("(H)" Zone) Until such time as the "(H)" Holding Symbol is lifted, the lands shall not be used for any purpose other than business office, financial institution, and professional office. (7) Section 5.(4)(d) is hereby added as follows: (d) Removal of the "(H) Holding Symbol The "(H)" Holding Symbol shall not be removed from the "SC-26" Zone for the subject lands until such time as notification of the filing of a Record of Site Condition for the lands has been received, satisfactory to the City and the Region of Durham. By-law xxxx/11 Page 4 (8) Section 5 Provisions is hereby amended by adding an "OS-HL" Zone and 7 9 associated provisions as follows: 5. Provisions ("OS-HL" Zone) (6)(a) 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: (i) preservation and conservation of the natural environment, soil and wildlife; and (ii) resource management. (6)(b) Zone Requirements ("OS-HL" Zone) 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. 3. By-law 3036 By-law 3036, as amended by By-law 2498/87 and By=law 2923/88 and By-law 6128/03 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Sections 1 and 2 above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law read a first, second and third time and finally passed this xxday of xxxx, 2011. J David Ryan, Mayor Debbie Shields, City Clerk 8© 0 Q 0 CANADIAN NATIONAL RAILWAYS 0- OS-HL Q I PLAN 1051 (H)SC-36 11 I O PQ - 5.4,p LOT 127 N R 5 (H)SC-26~ a F KINGS O Z 72.4m BUILDING S S LLD Do SC-1 2 BUILDING 'A' . Ha O ~o a I Of ~ 67.5m HIGHWAY NO. 2 401 NO. HIGHWAY N SCHEDULE I TO BY-LAW 2498/87 PASSED THIS 15TH Amended by By-Low 2923/88 JUNE & By-Low 6128/03 DAY OF9 Further Amended by By-Low xxxx/11 SIGNED MAYOR SIGNED CLERK ATTACHAAENT # TO REPORT # PD_ _ 81 MEADOW w Q I a CRESCENT GOLDENRIDGE Y N } w Qf STREET 0 0 z CRES. o m o Q LLJJ L) 10 m lr O 2 O tJ G o a a ROAD o Of a \O. N Of RUSHTON ROAD c z R~yR~ w UNRARTO o ~p0 OJ UNITED LO w HURC G ~ J o a a z Q Cif o R~Pp o 0- ~ o a w DUNBARTON w X_ E 0N ROPp MERR I UL NIL A" c S CT KINGSTON ROAD OPERN q.p A O\GHvO 51 REET WE$ SHOR COMMUN CENTR Bp,YL~ V lNE ° VISTULA DRIVE w J O m City of Pickering Planning & Development Department PROPERTY DESCRIPTION Range 3 Pt It.25, 26, RP 40R-1090 Pt 14,15,17 & Pt Rd Allowance Between Range 3 & Con 1 RP 40R-11222 Pt 3 4 & CON 1 Pt Lot 25,26 07\ OWNER GAZAREK REALTY HOLDINGS LTD. DATE Nov 17, 2010 DRAWN BY JB FILE No. A 10/10 SCALE 1:5,000 CHECKED BY IJ H ecT.-..t cEnterprlees Inc. d It•.•uppller.. All right. Reserved. Not c plan of .urvey. pN-7 c 2005 MPAC and It. • hens. All rl ht• Reserved. Not o Ian of Survs . 4TTACHMENT # 02 TO r~~ ~oR? # 2 Information Compiled from Applicant's Submitted Plan - A 10/10 Gazarek Realty Holdings Ltd DUNBARTON ROAD w ON R~ PO MERR\~ EXISTING COMMERCIAL ) BUILDING BUILDING B J BUILDING A EXISTING COMMERCIAL BUILDING P 0 K~NOS~ ON . I N This mop was produced by the City of Pcker/ng, Planning &Development Deportment, Information & Support Services, November 19, 2010 ATTACHMENT # 3 TO Cif REPORT # PD 70 Information Report Report Number: 05-11 For Public Information Meeting of PICKERING Date: February 7, 2011 83 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.0. 1990, chapter P.13 Subject: Zoning By-law Amendment - A 10/10 Gazarek Realty Holdings Ltd. on behalf of . St. Mary & St. John the Beloved Coptic Orthodox Church 980 - 984 Kingston Road (Range 3 B.F.C. Part Lot 25, 26 Now RP 40R-1090 Part 14, 15, 17 and Part Road Allowance between Range 3 B.F.C. & Concession,1 Now RP 40R-11222 Part 3, 4 and Concession 1 Part Lot 25, 26) City of Pickering 1.0 Property Location and Description • the subject lands are located on the north side of Kingston Road east of Merritton Road and are approximately 1.36 hectares in area (see Location Map - Attachment #1) • two vacant buildings previously occupied by vehicle dealerships occupy the site • the surrounding land uses include: north - Merritton Road, CN Railway, a vacant parcel and a parcel containing a single detached house south - Kingston Road and Highway 401 west - Durham Regional Police Credit Union east - Dunbarton Creek and CN Railway 2.0 Applicant's Proposal • the applicant is proposing to amend the zoning by-law to permit a place of religious assembly in the existing easterly building (Building B), and day nursery and commercial uses (office and retail) in the westerly building (Building A) (see Applicant's Submitted Plan - Attachment #2) • the applicant is not requesting permission to enlarge or to build additional structures on the subject lands • surface parking exists for approximately 285 cars • access is proposed from the two existing driveways on Kingston Road and Merritton Road ATTACHMENT #TO Information Report No. 05-11 REPORT # PD Page 2 84 3.0 Official Plan and Zoning 3.1 Provincial Growth Plan • the Provincial Growth Plan for the Greater Golden Horseshoe (Places to Grow) guides infrastructure planning and strategic investment decisions to accommodate forecasted population and employment growth within municipalities • the Growth Plan requires intensification of land uses within a municipality's built-up area 3.2 Durham Regional Official Plan • the Regional Plan designates the subject property "Living Area" with the "Regional Corridor" overlay • "Living Areas" are to be used predominantly for housing purposes • "Regional Corridors" are to be planned and developed as mixed-use areas, including residential, commercial and service areas with higher densities supporting higher order transit services and pedestrian oriented development • cultural facilities including places of religious assembly are permitted in urban areas at locations that are visible and accessible and preferably in close proximity to existing and proposed transit routes • development adjacent to Kingston Road, identified as a Type "B" Arterial Road and Transit Spine, shall provide for complementary higher density uses and buildings oriented towards the street • Regional Official Plan Amendment No. 128 (ROPA 128), which implements the Provincial Growth Plan, contains provisions that require significantly higher densities for identified portions of Regional Corridors; the amendment is currently under appeal 3.3 Pickering Official Plan • the City of Pickering Official Plan designates the subject property "Mixed-Use Areas - Mixed Corridors" (Dunbarton Neighbourhood) • the current Mixed Corridor designation is intended primarily for residential, retail, community, cultural and recreational uses at a scale serving the community • in response to the Provincial Growth Plan, the City initiated a Growth Strategy Program in 2009 as part of the Official Plan Review, to identify appropriate locations and policies for intensification, including the Kingston Road Corridor • this work may result in future changes to the designations, prescribed densities, and other policies pertaining to the subject property ATTACHMENT# 3 Information Report No. 05-11 REPORT # PD Page 3 T 85 3.4 Kingston Road Corridor Urban Design and Development Guidelines • these guidelines, adopted by Council in 1997, establish a general design framework that supports the long term vision for the Kingston Road Corridor, and must be considered when evaluating development proposals fronting Kingston Road • the subject property falls within the Whites Road Corridor Precinct which lies between Rosebank Road and the CN Rail overpass • the guidelines recognize the precinct's auto-oriented focus, but provides for pedestrian amenity zones and links at significant intersections • these guidelines will be updated as a result of the Growth Strategy Program work currently underway 3.5 Zoning By-law 3036 • the subject property is currently zoned "SC-26" which permits office, restaurant and vehicle sales and repair uses • an amendment to the zoning by-law is required to allow the proposed place of religious assembly, day nursery and additional limited retail uses in the existing buildings on the site 4.0 Results of Circulation 4.1 Resident Comments • none received to date 4.2 Agency Comments • Toronto and Region Conservation Authority (see Attachment #3) • no objection subject to the amending zoning by-law identifying the Dunbarton Creek valleylands as "Natural Areas" or other appropriate environmental zoning category • Region of Durham Planning Department (see Attachment #4) • a limited scope Phase II Environmental Site Assessment should be conducted and a Record of Site Condition should be filed with the Ministry of the Environment prior to approval of the application. 4.3 City Department Comments • Development Control no comments 4.4 Staff Comments • in reviewing the application to date, the following matters have been identified by staff for further review and consideration: ATTACHMENT 3_,T0 Information Report No. 05-11 REPORT # PD- Page 4 86 • ensuring that the proposed uses are viable for the location, compatible with and sensitive to existing surrounding development • access, on-site circulation, parking and traffic generation • any remediation requirements identified in the Limited-Scope Phase II Environmental Site Investigation • consistency with applicable portions of the Kingston Road Corridor Urban Design and Development Guidelines • the removal of permissions for vehicle sales and repairs • limiting the proposed permitted uses to the existing buildings to ensure the future potential intensification of the site is not compromised • proposed sustainable development components 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 • any member of the public who wishes to reserve the option to appeal Council's decision 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 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 • in addition to the full scale copies of the Applicant's Submitted Plan, the following documents are available for viewing at the offices of the City of Pickering Planning & Development Department: • Planning Rationale • Sustainable Development Report • Site Parking Demand and Parking Supply Assessment • Phase 1 Environmental Site Assessment ATTACHMENT # TO Information Report No. 05-11 REPORT # PD Page 5 87 6.3 Company Principal • the owner of the subject property is Gazarek Realty Holdings Ltd. • St. Mary & St. John the Beloved Coptic Orthodox Church (Fr. Daniel Bessada) is the applicant ORIGINAL SIGNED BY ORIGINAL SIGNED BY Isa James, MCIP, RPP Marg Wouters, MCIP, RPP Planner II Manager, Development Review & Urban Design IJ:ld Attachments Copy: Director, Planning & Development ATTACHMENT TO REPORT # PD Appendix. No. I to g Information Report No. 05-10 Commenting Residents and Landowners (1) none received to date Commenting Agencies (1) Toronto and Region Conservation Authority (2) Region of Durham Planning Department Commenting City Departments (1) none received to date ATTACHMENT #__4__T0 Excerpts from City 0~ _ REPOM # Planning & Development R_Q33=~ Committee Meeting Minutes Monday, February 7, 2011 8 9 7:30 pm - Council Chambers Chair: Councillor McLean (II) Part `A' Information Reports Marg Wouters, Manager, Development Review & Urban Design gave an outline of the requirements for a Statutory Meeting under the Planning Act. She outlined the notification process procedures and 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. 1. Zoning By-law Amendment - A 10/10 Gazarek Realty Holdings Ltd. on behalf of St. Mary.& St. John The Beloved Coptic Orthodox Church 980 - 984 Kingston Road (Range 3 B.F.C. Part Lot 25, 26- Now RP 40R-1090 Part 14, 15, 17 and Part Road Allowance between Range 3 B.F.C. & Concession 1 Now RP 40R-11222 Part 3, 4 and Concession 1 Part Lot 25, 26), 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. Isa James, Planner 11 gave an overview of zoning amendment application A 10/10. Gerry Gazarek appeared before the Committee in support of the application. Mr. Gazarek noted that he has owned the property for 25 years and when he first purchased it there was religious facility on the site. He noted that he felt the citizens of Pickering have always been given opportunities to participate in their religious beliefs. Mr. Gazarek answered questions and provided clarification on the application. Anneta Tomais, 5 Todd Road, Ajax, appeared before the Committee on behalf of Muppets Child Care Centre located at 986 Dunbarton Road. She noted her concern with respect to the proposed daycare centre, stating that four daycare centres already exist in the area. She informed the Committee that her daycare centre is not at capacity and was concerned that another daycare centre in the area would hamper their.-enrolment. 1 9 0 ATTACHMENT # - ` To Excerpts from Cary O~ _ REPORT # PQ planning & Development _ Committee Meeting Minutes Monday, February 7, 2011 7:30 pm - Council Chambers Chair: Councillor McLean Vern Bruce, 975 Merritton Road, Pickering appeared before the Committee, in opposition to the application and noted he lives adjacent to the property. He stated that he did not feel a daycare was an appropriate use for the site and stated his concern with additional noise, on street parking and the close proximity to the railway tracks. Mr. Bruce felt that if a daycare use was approved he would like.to see it in the building that was furthest east of his property. He noted that Merritton Road was already congested with on street parking and felt these uses would increase the problem. He also noted his concern with the close proximity of the railway tracks and the safety of the children. Marion Barsoum appeared before the Committee on behalf of the church and stated that the daycare facility has not been determined as a definite use. She. stated that the daycare facility would be primarily used by the church congregation, and they would not openly be seeking enrolment from the public. Father. Daniel Bessada, Priest with the Church, appeared before the Committee and stated that the daycare would only occupy a portion of the building. He also noted that if a daycare was operating.from the site all. precautions would be taken to make it safe for the children. He also confirmed that the facility would mainly be providing daycare for the church members and they were not looking for public enrolment. A question and answer period ensued. 2 ATTACHIMIENT #__5_T0 REPUR -1 # PDT . 91 January 17, 2011 o Isa James, Planner II JAN 19 201 Planning & Development Department CITY OF PtCKERiNO 0 ' City of Pickering PLANNING & DEVELOPMENT DEPARTMENT o One The Esplanade Pickering, ON L1V 6K7 Dear Ms. James: The Regional Municipality Re: Zoning Amendment Application All 0/10 of Durham Applicant: Father Daniel Besada Planning Department St. Mary & St. John The Beloved Coptic Orthodox Church 605 ROSSLAND ROAD E Location: 980 & 984 Kingston Road 41" FLOOR Part of Lots 25 & 261 BF Concession Po Box 623 Municipality: City of Pickering WHITBY ON L1 N 6A3 CANADA The Regional Municipality of Durham (The Region) has reviewed the above noted 905-668-7711 Fax: 905-666-6208 application and offers the following comments for your consideration. Email: planning@durham.ca www.durham.ca The purpose of this application is to amend the zoning on the subject lands to permit a place of religious assembly, day nursery and limited additional retail uses A.L. Georgieff, MCIP, RPP within the two existing buildings located at the above addresses. The subject Commissioner of Planning lands are currently zoned SC26 - Specialty Commercial. Regional. Official Plan The subject lands are currently designated 'Living Area' with the 'Regional Corridor' overlay in the Durham Region Official Plan (ROP). 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 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 a floor space index of 2.5. This amendment is currently under appeal The ROP states that cultural facilities for such purposes as religion shall be permitted within urban areas. The ROP also states that cultural facilities shall be directed to locations that are visible and accessible to residents of the Region, preferably in close proximity to existing and future transit routes. Kingston Road (Regional Highway 2) is designated as a Type 'B' Arterial Road and is a Transit Spine in the Durham Regional Official Plan. Development "Service Excellence -for our Communities" 1 100% Post Consumer ATTACHMENT 4 PTO REPORT # PD~ ' adjacent to Transit Spines shall provide for complementary higher density uses and buildings oriented towards the street. Provincial Policies & Delegated Review Responsibilities This application has been screened in accordance with the terms of the provincial . plan review responsibilities: Potential Site Contamination A Phase` I Environmental Site Assessment (ESA) report, prepared by. McClymont. Rak Engineers, Inc. and dated November. 2010, was submitted in. support of the application. The report concluded that, based on the results of their assessment, there is. a potential for contamination on the site from a car repair and maintenance business operating on the site for almost two decades, and as a result, a limited scope Phase II ESA should be conducted. According to. Ontario Regulation 153/04 the Environmental Protection Act, a Record of Site Condition (RSC) is required, as the.application is proposing to change to a more sensitive land use. Additionally, Regional policies require a RSC when a Phase II ESA is required to be undertaken. The RSC. should be filed with the Ministry of the Environment prior. to approval of the application: There are no other 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 has no objection to further processing of the zoning amendment application and site plan amendment application. Durham Region Transit & Transportation - The proposal does not present any significant. Durham Region Transit or. transportation impacts. Please contact..David Perkins at 905.668.4113 ext. 2571 should you have any, questions or require additional information. " Yours tru Vannitha Chanthavong;; GIP, RPP Planner Current Planning cc: Regional Works Department Pete Castellan Durham Region Transit - Neil Killens Durham Region Transportation Planning - Amjad Gauhar 2 ATTACHMENT # TO REPORT # PD__ TORONTO AND REGION T R CEIVED e`,onser~vat~on JAN 1 0 20110 93 for The Living City CITY OF P1 I CKERING 3' January 6, 2011. LANNIDEP4AR1iEnOTPt~E~vT CFN 43477.06 VIA MAIL AND EMAIL (iiames ancityofpickering.com) Ms. Isa James City of Pickering 1 The Esplanade Pickering ON L1V 6K7 Dear Ms. James: Re: Zoning By-law Amendment Application A 10/10 On lands municipally known as 980 - 984 Kingston Road (St. Mary and St. John The Beloved Coptic Orthodox Church) Staff at the Toronto and Region Conservation Authority (TRCA) have now had an opportunity to review the application captioned above and wish to provide the following comments: Purpose of the Application We understand that the purpose of the application is to amend Zoning By-law 3036, as amended to permit a place of religious assembly in an existing building, a day nursery and additional commercial uses. We understand that no new structures or grading are proposed to accommodate the proposed new uses. Environmental Setting The Dunbarton Creek, which is a tributary to Frenchman's Bay, and its associated valleylands traverse the eastern limit of the subject lands. Accordingly, an area within the eastern portion of the lands is located within a TRCA Regulated Area pursuant to Ontario Regulation 166/06. No development, including erection of structures or grading may take place within the Regulated Area in the absence of a TRCA permit. Recommendation We have no objection to the application subject to the following: 1. That the-amendment contain provisions to zone the portions of the subject lands within the Dunbarton Creek valleylands within the 'Natural Areas' or other appropriate environmental zoning category to recognize the presence of the creek and the associated natural hazards such as flooding and erosion. Please contact the undersigned if you have any questions or concerns with these comments. Yours truly, Chris Jones, M IP, RPP Senior Planner Planning and. Development Extension 5718 cc: Steve Heuchert, TRCA (via email: sheuchert@trca.on.ca) F:\Home\Public\Development Services\Durham Region\Pickering\980-984 Kingston_1.wpd Member of Conservation Ontario 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 ww\mtrca.on.ca ATTACHEUIENT # 7 TO 94 REPORT # PD James, Isa From: nick.coleman@cn.ca Sent: January 31, 2011 2:56 PM To: James, Isa Subject: A 10/10, St. Mary and St. John The Beloved Coptic Orthodox Church Attachments: Easement in gross.pdf; Non-residential-MAIN LINE.pdf Isa, attached are CN's recommendations for non-residential applications. The tenacity of CN s position on industrial and commercial applications has been relaxed somewhat over the last several years or so, and while the requirements for residential continue to be stringently implemented, those for industrial and commercial uses with no sensitive use component, have been considered more as recommendations, rather than requirements, and CN generally leaves it up to the proponent and municipality to consider the potential for any impacts to the proposed use from being located near an active railway line, and whether any attenuation measures are warranted or desirable and the extent to which they are implemented. CN will not challenge the extent to which the recommendations are considered (or not) by the municipality, except for issues of fencing, drainage and access in proximity to at-grade crossings. A church and day nursery would be considered a sensitive use, and it is strongly recommended the various mitigation measures be considered when converting from the existing commercial use to a place of religious assembly, to help reduce the potential for incompatibility, given the proximity of our freight corridor. For this reason, we are also requesting the attached environmental easement be registered on title in favour of the railway to help forestall the future potential for noise complaints. Regards, Nick Nick Coleman B.Sc. Manager, Community Planning & Development CN Business Development & Real Estate 905-760-5007 • Fax: 905-760-5010 • NICK.COLEMAN(a)cn.ca 1 Administration Road, Concord, ON L4K 1B9 1 ATTACHMENT # 7 TO REPORT # PD_./D!_ 95. SCHEDULE"B" TRANSFER OF EASEMENT (To be attached to Form 1 - Transfer/Deed of Land) (7) Interest/Estate Transferred _ WHEREAS the Transferor is the owner of those lands located in the City of and Province of Ontario, being composed of * and herein referred to as the "Easement Lands"; IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) now paid by the Transferee to the Transferor (the receipt and sufficiency of which are hereby acknowledged by the Transferor); the Transferor transfers to the Transferee, its successors and assigns, a permanent and perpetual easement or right and interest in the nature of a permanent and perpetual easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting or releasing thereon or otherwise affecting the Easement Lands at any time during the day or night with noise, vibration and other sounds of every nature and kind whatsoever arising from, out of or in connection with any and all present and future railway facilities and operations upon the Dominant Tenement and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations (herein collectively called the "Operational Emissions"). THIS Easement and all rights and obligations arising from same shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, servants, tenants, sub-tenants, customers, licencees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. This Easement shall be read with all changes of gender and number as required by the context in each case and the covenants and obligations of each party hereto, if more than one person, shall be joint and several. Easement in gross. 1 9 6 ATTACHMENT # ? TO REPGRT # PD_ /Q-/~ Railway Properties 1 Administration Rd uv Concord, ON LU 1 B9 Telephone: 905-760-5007 Fax: 905-760-5010 NON-RESIDENTIAL DEVELOPMENT ADJACENT TO THE RAILWAY RIGHT-OF-WAY (Main Lines) CN recommends the following protective measures for non-residential uses adjacent Main Lines (note some are requirements): • A minimum 30 metre building setback, from the railway right-of-way, in conjunction with a 2.5 metre high earthen berm or 2.0 metres for a secondary main line, is recommended for institutional, commercial (ie. office, retail, hotel, restaurants, shopping centres, warehouse retail outlets, and other places of public assembly) and recreational facilities (i.e. parks, outdoor assembly, sports area). ■ A minimum 15 metre building setback, from the railway right-of-way, is recommended for heavy industrial, warehouse, manufacturing and repair use (i.e. factories, workshops, automobile repair and service shops). ■ A minimum 30 metre setback is required for vehicular property access points from at-grade railway crossings. If not feasible, restricted directional access designed to prevent traffic congestion from fouling the crossing may be a suitable alternative. ■ A chain link fence of minimum 1.83 metre height is required to be installed and maintained along the mutual property line. ■ Any proposed alterations to the existing drainage pattern affecting Railway property require prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway. ■ While CN has no noise and vibration guidelines that are applicable to non-residential uses, it is recommended the proponent assess whether railway noise and vibration could adversely impact the future use being contemplated (hotel, laboratory, precision manufacturing). It may be desirable to retain a qualified acoustic consultant to undertake an analysis of noise and vibration, and make recommendations for mitigation to reduce the potential for any adverse impact on future use of the property. ■ There are no applicable noise, vibration and safety measures for unoccupied buildings, but chain link fencing, access and drainage requirements would still apply. 2008