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HomeMy WebLinkAboutPD 18-11 City Report To ' Planning & Development Committee PICKERING Report Number: PD 18-11 5 Date: June 6, 2011 From: Neil Carroll Director, Planning & Development Subject: Zoning Amendment Application A 11/10 Starbank Developments 1786 Corp. on behalf of Golden Prospect Enterprises Ltd. 1786 and 1790 Liverpool Road (Part of Lot 23, Concession 1, Part 1, 40R-15786) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 11/10 submitted by Starbank Development 1786 Corp., on lands being Part of Lot 23, Concession 1, Part 1, 40R-15786, City of Pickering.to amend the zoning by-law to permit a financial institution use with an associated drive-through facility, be endorsed; 2. That the City Solicitor be authorized to attend the Ontario Municipal Board hearing to support Zoning By-law Amendment Application A 11/10 as endorsed by Council; and 3. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 11/10, as set out in Appendix I to Report PD 18-11 be finalized and forwarded to City Council for enactment, 'should the appeal to the Ontario Municipal Board be withdrawn. Executive Summary: Starbank Developments 1786 Corp. proposes to amend the zoning by-law to permit a financial institution use with a drive-through facility at 1786 and 1790 Liverpool Road, located at the southwest corner of the Liverpool Road/ Pickering Parkway intersection (see Location Map - Attachment #1). The proposal is to demolish the northerly vacant building (previously Tropix restaurant) and to build a new two-storey 1,120 square metre financial institution with an associated drive-through facility. A site plan application has been submitted. Both the zoning by-law amendment application and the site plan application have been appealed by the applicant to the Ontario Municipal Board. Report PD 18-11 June 6, 2011 Subject: Starbank Development 1786 Corp. (A 11/10) Page 2 59 The proposed use conforms with the current Region of Durham Official Plan and the "Mixed Use Areas - Downtown Core" designation in the Pickering Official Plan. The proposed development is also consistent with the Pickering Downtown Core Development Guidelines. Although the intensity of development of the proposed financial institution use does not approach the level of development anticipated in the Region's Official Plan Amendment 128 (which implements the Provincial Growth Plan) or the Pickering Official Plan, the proposed development does not preclude the redevelopment of the remainder of the site at an intensity that would be more in keeping with the requirements of ROPA 128 and the desired level of intensification for Downtown. In the absence of recommendations being available from the City-wide drive-through facilities study, this application has been examined on a site-specific basis. The proposed accessory drive-through facility, in the location shown on the site plan, is considered acceptable on this site. A parking ratio of 5.5 parking spaces per 100 square metre gross leasable floor area is proposed to accommodate parking for both the existing restaurant and proposed financial institution on the site. Staff have successfully worked with the applicant to reach an agreement regarding the draft zoning by-law and site plan, and the applicant has indicated the intention to withdraw the OMB appeals. Since the appeals have not yet been withdrawn at the time of drafting this report, it is recommended that the draft by-law attached as Appendix I to this report be endorsed, and forwarded to Council for enactment if the appeal to the Ontario Municipal Board is withdrawn. In the event the appeal is not withdrawn, the draft by-law will be finalized and form Council's position before the Board. It is also recommended that the City Solicitor be authorized to attend hearings, as required, to support the Zoning By-law Amendment application as endorsed by Council. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: Staffs review of the zoning amendment application against the City's Draft Sustainable Development Guidelines resulted in a score below the Level 1 standard. The proposed development represents efficient use of the lot, and takes advantage of existing infrastructure within the City's Downtown core. The proposed development improves the streetscape within the Downtown core by providing built form along the street, and improves pedestrian amenity on Liverpool Road by providing primary entrances and walkway connections. Additional opportunities to achieve a Level 1 standard are available through the site plan approval process. These opportunities include designing the building to exceed the national model energy code, provision of white high reflectance roofing, waste reduction in construction and reducing pesticide and fertilizer use. Report PD 18-11 June 6, 2011 Subject: Starbank Development 1786 Corp. (A 11/10) Page 3 on 1.0 Background: Starbank Developments 1786 Corp. proposes to amend the zoning by-law to permit a financial institution use with a drive-through facility at 1786 and 1790 Liverpool Road, located at the southwest corner of the Liverpool Road/Pickering Parkway intersection (see Location Map - Attachment #1). The site currently supports two one-storey buildings with surface parking surrounding the buildings. The southerly building is occupied by the Makimono restaurant; the northerly building, previously occupied by the Tropix restaurant, is currently vacant. The proposal is to demolish the northerly vacant building and to build a new two- storey 1,120 square metre financial institution with an associated drive-through facility. The southerly portion of the site is proposed to be unchanged. A site plan application has been submitted. Both the zoning by-law amendment application and the site plan application have been appealed to the Ontario Municipal Board, on the basis that the City failed to make a decision on the applications within the time frames of the Planning Act. A hearing date has not yet been scheduled. 2.0 Comments Received: 2.1 At the February 7, 2011 Information Meeting (see text of Information report and Meeting Minutes, Attachment #4 & Attachment #5) No members of the public appeared in support or opposition to the application. 2.2 City Department and Agency Comments The Ministry of Transportation . Ministry building/land use permits will (MTO) be required prior to any grading or construction Durham Region Planning . the 0.23 floor space index (fsi) for the Department proposed development falls short of the Regional expectation of 3.0 fsi within the Urban Growth Centre, particularly in light of the site's exposure and accessibility to Highway 401 and the partial interchange at Liverpool Road; in the absence of additional information regarding the overall re-development of the site, this proposal is not consistent with ROPA 128 • a 5.0 metre road widening on Liverpool Road is required (see Attachment #7) Report PD 18-11 June 6, 2011 Subject: Starbank Development 1786 Corp. (A 11/10) Page 4 61 Durham Region Works . no objections to the zoning by-law Department amendment application • issues with the Traffic Impact Study and the Stormwater Management Study to be addressed through the site plan application process (see Attachment #8) Enbridge Gas Distribution Inc. . no objection to the Development as proposed (see Attachment #9) Development Control . during the site plan review process the following matters will be required: development agreement with the City, construction management plan, geotechnical report, fill & topsoil permit, Regional road widening, sidewalk installation and relocation, accessible parking ramps and bike rack location • detailed comments regarding engineering design and stormwater management will be provided during site plan review (see Attachment #10) 3.0 Discussion: 3.1 Proposed financial institution use conforms with the Regional Official Plan and the Pickering Official Plan The proposed development conforms with the current Region of Durham Official Plan which designates the subject property as "Regional Centre". The designation provides for a concentration of commercial, residential, employment, cultural and government functions in an intensive form. The proposed financial institution use is also consistent with the "Mixed Use Areas - Downtown Core" designation in the Pickering Official Plan, which provides for a wide range of commercial and residential uses. The Region has commented that, although the financial use is consistent with the Regional Official Plan, the proposed development is not consistent with Regional Official Plan Amendment No. 128 (ROPA 128), which implements the Provincial Growth Plan. ROPA 128 designates the subject lands as "Urban Growth Centre". Urban Growth Centres are intended to be planned as focal areas for institutional, major office, commercial, recreational; cultural, entertainment and residential uses, serving as major employment centres supporting higher order transit services. Urban Growth Centres should support an overall long term Report PD 18-11 June 6, 2011 Subject: Starbank Development 1786 Corp. (A 11/10) Page 5 62 density target of 200 persons and jobs combined per gross hectare and a floor space index (total floor area divided by lot area) of 3.0. The built form is expected to be predominantly high-rise development, with some mid-rise development, as determined by the City. ROPA 128 is currently under appeal. The "Mixed Use Areas - Downtown Core" designation in the Pickering Official Plan provides for a maximum floor space index (FSI) of 3.0, but does not provide for a minimum height or FSI. The policies state that Council shall have regard for encouraging intensification over time, up to the maximum FSI. The City is currently undertaking a Growth Strategy Program which will identify the appropriate level of intensification in the Downtown Pickering Urban Growth Centre, including this site. The proposed financial institution is a two-storey building with two functional floors. The building is proposed to be located at the northeast limits of the property, occupying a small portion of the larger 0.69 hectare site. Including the gross floor area of the southerly building on the site, the proposed development achieves an FSI of approximately 0.23 over the entire site. Although the intensity of development of the proposed financial institution use does not approach the level of development anticipated in ROPA 128 or the Pickering Official Plan, the development conforms to the current Plans and does not preclude the redevelopment of the remainder of the site at an intensity that would be more in keeping with the requirements of ROPA 128 and the desired level of intensification for Downtown. 3.2 The Proposed Development is Consistent with the Pickering Downtown Core Development Guidelines The Pickering Downtown Core Development Guidelines provide for the development of a special image and character on Liverpool Road, reflecting its role as a north/south gateway into Downtown Pickering. The guidelines provide for street-related, mixed-use buildings along Liverpool Road, with buildings framing the street and occupying, at corner locations, most of the frontage of both streets. Buildings are expected to be a minimum of two storeys, with potential for higher tower buildings at gateway intersections such as Liverpool Road near Highway 401. Pedestrian comfort and amenity along Liverpool Road is expected to be improved with the use of appropriate lighting, tree planting, signage and street furniture. The proposed development is consistent with these guidelines. The siting of the building at the northeast limit of the property frames the southwest corner of the Liverpool Road/Pickering Parkway intersection. The design of the building, with a tower feature at the corner, provides visual interest and an identifying feature at the intersection. A primary entrance from Liverpool Road improves access for pedestrians on Liverpool Road, and creates the street-related development envisioned in the guidelines. Pedestrian amenity along Liverpool Road is also improved through landscaping and the provision of walkways from the current sidewalk to the primary entrances. Report PD 18-11 June 6, 2011 Subject: Starbank Development 1786 Corp. (A 11/10) Page 6 63 3.3 Accessory Drive-through Facility is appropriate for this site The City is currently undertaking a drive-through facilities study to address concerns regarding the appropriate location of the facilities in certain locations within the City, and to address their impacts on, among other things, traffic circulation, pedestrian safety, built form and public realm. Staff is in the process of developing draft evaluation principles for these facilities. In the absence of recommendations being available from the study, this application has been examined on a site-specific basis. The proposed accessory drive-through facility, in the location shown on the site plan, is considered acceptable on this site. The drive-through window and queuing lanes are located in the rear of the site in a manner which does not conflict with pedestrian movements on Liverpool Road, or traffic movement into and out of the site. The drive-through facility is effectively screened by the building from Liverpool Road. Although visible from the private-road to the north, the facility is not expected to experience as high a demand as a drive-through facility related to a restaurant, and is therefore not expected to require a lengthy queuing lane. Details regarding the facility, including the length of the queuing lane, will be finalized as part of site plan review. 3.4 Site access, on-site circulation, parking and traffic generation will be addressed during the site plan approval Site development and technical matters, including on-site circulation, queuing lanes, servicing, stormwater management and landscaping, will be addressed through the site plan approval process. The two existing accesses to the property from the Liverpool Road are proposed to remain. The northerly access is restricted to right in/right out movements. The southerly access is from a signalized intersection through the abutting Ministry of Transportation lands to the south: An overall parking ratio of 5.5 parking spaces per 100 square metres of gross leasable floor area is proposed in the draft zoning by-law to accommodate parking for both the restaurant and proposed financial institution uses on the site. This ratio is consistent with the current parking requirement for the property. The site plan proposes 51 parking spaces for the financial institution use, with 65 spaces available for the existing restaurant use, reflecting a surplus over the entire site of over 30 spaces from the proposed parking. requirement. Given the surplus spaces on the site, the opportunity for shared parking within the site, and the expectation for walk-in traffic in this Downtown location, a parking requirement of 5.5 spaces per 100 square metres of gross leasable area is considered -appropriate. Report PD 18-11 June 6, 2011 Subject: Starbank Development 1786 Corp. (A 11/10) Page 7 64 3.5 Rezoning Application and Site Plan Application have been appealed to the Ontario Municipal Board As the applications have been appealed, the OMB is now the approval authority. Staff have successfully worked with the applicant to reach an agreement regarding the draft zoning by-law and site plan, and the applicant has indicated the intention to withdraw the appeals. However, since the appeals have not yet been withdrawn at the time of the drafting of this report, staff recommend that the City Solicitor be authorized to attend hearings, as required, to support the Zoning By-law Amendment application as endorsed by Council. 3.6 Draft Zoning By-law amendment provisions In accordance with staff and agency requirements noted in this report, the draft by-law amendment attached as Appendix I provides for the following: a) Addition of financial institution use and definition b) Deletion of motel, drive-in theatre, open-air farmer's market, parking station and automobile service station uses c) 5.5 parking spaces per 100 square metres gross leasable floor area d) Minimum number of storeys - 2 e) Maximum height - 18.0 metres f) Minimum front yard depth - 0.5 metres g) Minimum rear yard depth - 6.0 metres h) Minimum north side yard - 1.0 metres i) Minimum south side yard - 6.0 metres The draft zoning by-law amendment implements the proposed financial institution use. A further amendment would be required to implement the ultimate level of intensification to be identified through the Growth Strategy Program work for the Downtown area.. As the OMB is currently the approval authority for the zoning by-law amendment, it is recommended that the attached draft by-law be endorsed and forwarded to Council for enactment if the appeal to the Ontario Municipal Board is withdrawn. In the event the appeal is not withdrawn, the draft by-law attached to this report will be finalized and form Council's position before the Board. Report PD 18-11 June 6, 2011 Subject: Starbank Development 1786 Corp. (A 11/10) Page 8 65 Attachments: 1. Location Map 2. Applicant's Submitted Site Plan 3. Applicant's Submitted Elevations 4. Text of Information Report 5. Minutes from February 7, 2011 Planning & Development Committee Meeting 6. Agency Comments - the Ministry of Transportation 7. Agency Comments - Region of Durham Planning Department 8. Agency Comments - Region of Durham Works Department 9. City Comments - Development Control Prepared By: Approved/Endorsed By: 1 C t~ Q21~xx I WA Mila Yeung Neil Carr C 42~ RPP Planner I Director, Planning & Development Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design MY:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickering PAy Counc' 25, Zoi/ ri / 4V~~ 1 Tony evedel, P.Eng. Chief Administrative Officer 66 Appendix I TO Report PD 18-11 Draft Zoning By-law Amendment Application A 11/10 The Corporation of the City of Pickering 67 B a Fx x/11 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, being Part of Lot 23, Concession 1, in the City of Pickering. (Al 1/10) Whereas the Council of the Corporation of the City of Pickering deems it desirable to permit a financial institution use on the subject lands, being Part of Lot 23, Concession 1 in the City of Pickering; And whereas an amendment to By-law 3036, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands in Part of Lot 23, Concession 1, in the City of Pickering, designated "C-21" on'Schedule I attached hereto. 3. General Provisions No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Definitions In this By-law, (1) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged, and which includes a chartered bank or branch thereof; i By-law No. Page 2 b ( ross 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; (3) "Hotel" shall mean a building, or two or more attached buildings used for the purpose of providing the public with temporary accommodations, having a minimum of 25 accommodation units accessed by internal corridors, and uses accessory thereto, including meeting rooms, conference rooms, recreational facilities, banquet halls, and dining and lounge areas; (4) "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; (5) "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. 5. Provisions (1) Uses Permitted ("C-21" Zone) No person shall, within the lands zone "C-21" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) financial institution (b) hotel (c) restaurant - type A (2) Zone Requirements ("C-21" Zone) No person shall within the lands designated "C-21" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) Building Restrictions (i) Building Height: minimum 9.5 metres maximum 18.0 metres (ii) Number.of Storeys: minimum 2 (iii) Front Yard Depth: minimum 0.5 metres By-law No. Page 3 69 (iv) Rear Yard Depth: minimum 6.0 metres (v) North Side Yard Width: minimum 1.0 metres (vi) South Side Yard Width: minimum 6.0 metres (b) Parking Requirements (i) a minimum 5.5 parking spaces shall provided and maintained for every 100 square metres of gross leasable floor area on lands zoned "C-21" on Schedule I attached to this By-law; (c) Existing Buildings (i) Notwithstanding the provision of Section 5(2)(a) of this by law, any building existing at the date of the passing of this by-law shall be deemed to conform to the zoning by-law. 6. By-law 3036 By-law 3036 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 7. Effective Date This By-law shall 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 20th ty of June, 2011. DRAF' David Ryan, Mayor Debbie Shields, City Clerk I I ~ I n\ I ~ I u \n I ~ i ~ I I I ~ I I 1 I 1 PICKERING PKWY o 52.7m Q 0 LL E ? - E J a ^ N 0 p O a C-21 PART OF LOT 23 p CONCESSION 1 3 E n 0 ro tiF •~O 51.1m - • I , N SCHEDULE I TO BY- PASSED THIS DAY OF 2011 MAYOR CLERK ATTACHMENT # -TO REPORT # PD._,/~-1/ 71 APO w w ~ w < Q F- z o o ~ N M w J z 0 w J , U N~ ~y L) 9'~C0 RE GOON °Q 0 OpO ~ ~0~ 5 SUBJECT J PROPERTY w J F\CKEFt\NG 4.01 N\GHw F~ q.0 ~ N\Gr\w PY +„e GO TRANSIT STA TION STREET BAYLY City of Pickering Planning & Development Department PROPERTY DESCRIPTION Part Lot 23, Concession 1, Part 1, 40R-15786 07\ OWNER Starbank Developments 1786 Corp. DATE May 20, 2011 DRAWN BY JB FILE No. All/10 SCALE 1:5,000 CHECKED BY MY N caTeranet Enterprleee Inc. and Its euppllena. All rtphte Reserved. Not a plan of aurvsy. PIV-8 C 2003 MPAC and It- • Ilse. All rI ht• R•••rv•d. Not a plan of Su-y. ATTACHMENT # 07 TO REPORT # PD-IA-11 _ 72 Information Compiled from Applicant's Submitted Plan A 11/10 Starbank Developments 1786 Corp. PI CKERING. PRKWY. • ~ ~ PRO o $ 3 STONEY FINANCUU. INSTITUTION -Fir !1,130 S.MJ 213.0558.F. .Mm O I I I PROPOSED NEW ~ . PROPERTY LINE TIMM. mra ---h iLJ m'a aw 1,L_._m~a O Q O EMSTINO RETAIL F000 STORE (1 STOREY 1 - EXISTING 1 STOREY RESTAURANT o /1,455 SJ.J J . /,/868.F. O O a J o g 0 0 0 O 071 This mop was produced by the My of Pickering, Planning & Development Department, Information & Suppoft Services, May 9, 2011 ATTACH JIENT Fu REPORT P PD Information Compiled from Applicant's Submitted Plan 73 A 11/10 Starbank Developments 1786 Corp. _ 0 ~ 11 I ,1 1 1 5 ) L 11 ,1 ~ < 5 tt tl I 1 T- { NI 11 Q u 9 - 1 IIL 1 JII ~ _ 1 ~ 0 2) 9 2 ~6 ) fl 1 5 P~NCiPNJ 9 ) 0 2 5 ) 5 EN'RANCE 1'. ~'=~=v 1 1 5 11 5 8 1 11 5 11 1 . 1 8 5 11 6 1 h 1, _ 9 i 1 6 1 2 5 2 6 1 1 1 6 1 0 1 fl 1 1f 2 6 5 ) 8 A 1 5 9 , t`I Ihll map was pmOueM byy bhI q~. at piaAer/ng, PMnning Di t 0mwt* t. kdb-wftn SLppavt Ssnlcea May 9, 2011 ATTACHMENT# _ To Information Report REPORT # PD Report Number: 06-11 For Public Information Meeting of P CKERING Date: February 7, 2011 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter PA 3 Subject: Zoning By-law Amendment Application A 11/10 Starbank Development 1786 Corp. on behalf of Golden Prospect Enterprises Ltd. 1786 & 1790 Liverpool Road (Part Lot 23, Concession 1, Part 1, 40R-15786) City of Pickering 1.0 Property Location and Description • the subject property is located at the southwest corner of Liverpool Road and Pickering Parkway (see Location Map - Attachment #1) . • the subject property is approximately 0.69 hectares in area, with approximately 127 metres of frontage on Liverpool Road (see Applicant's Submitted Plan - Attachment #2) • an existing restaurant (Makimono) and a vacant restaurant building (Tropix) occupy the subject property • the surrounding land uses are: north - a private road and parking associated with the commercial site to the west; further north is a plaza with a variety of commercial uses west - a commercial development anchored by a Loblaws Superstore south - vacant lands owned by the Ministry of Transportation (MTO), and Highway 401 east - multi-storey office buildings and Pickering Town Centre on the east side of Liverpool Road 2.0 Applicant's Proposal • the applicant is proposing to amend the zoning by-law to permit a financial institution use with an associated drive-through facility • the applicant proposes to replace the northerly vacant building with a 1,120 square metre, two-storey financial institution and accessory drive-through facility • two existing driveway accesses from Liverpool Road are proposed to be maintained; the northerly access is restricted to right in/right out movements; the southerly access is from a signalized intersection through the abutting MTO property to the south ATTACHMENT # TO Information Report No. 06-11 REPORT # PD Page 2 75 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 • the subject lands are within the Downtown Pickering Urban Growth Centre; Urban Growth Centres are regional focal areas for institutional, recreational, commercial, cultural and entertainment uses-and higher density residential and employment uses, supported by higher order transit 3.2 Durham Regional Official Plan • the Regional Plan designates the subject property as a "Regional Centre" • "Regional Centres" are to be developed as the main concentration of urban commercial, residential, employment, cultural and government functions in an intensive land use form • Regional Official Plan Amendment No. 128 (ROPA 128), which implements the Provincial Growth Plan, designates the subject lands "Urban Growth Centre"; ROPA 128 is currently under appeal • Urban Growth Centres should be planned as focal areas for institutional, region-wide public services, major office, commercial, recreational, cultural, entertainment and residential uses, serving as major employment centres supporting higher order transit services • Urban Growth Centres should support an overall long term density target of 200 persons and jobs combined per gross hectare and a floor space index (fsi) of 3.0; the built form should be a mix of predominantly high-rise development, with some mid-rise development, as determined by the City 3.3 Pickering Official Plan • the lands are designated "Mixed Use Areas - Downtown Core" and are within the Town Centre Neighbourhood • lands within this designation are intended to be developed with the widest variety of uses at the greatest scale and intensity of all neighbourhoods within the City • permissible uses include retail and office, higher density residential, and community., cultural and recreational uses • the designation provides for a maximum floor space index of 3.0 (total floor area divided by lot area); in zoning for the permitted uses, Council shall have regard for encouraging intensification over time, up to the maximum floor space index • the Town Centre Neighbourhood plan identifies proposed new road connections to the north and the west of the site ATTACHMENT # TO Page 3 Information Report No. 06-11 REPORT # PD _ 9e 76 • 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 Downtown Pickering Urban Growth Centre • this work may result in future changes to the designations, prescribed densities, and other policies pertaining to the subject property 3.4 Pickering Downtown Core Development Guidelines • these guidelines, adopted by Council in 1997, provide for: • developing a special image and character on Liverpool 'Road reflecting its role as a north/south gateway into downtown Pickering • street related mixed use buildings along Liverpool Road • buildings with a minimum height of 2 to 3 storeys with potential for higher tower buildings at gateway intersections such as Liverpool Road near Highway 401 • buildings framing the street and occupying at least 70% of the street frontage, and in corner locations, most of the frontage of both streets • improving pedestrian comfort and amenity along Liverpool Road with the use of appropriate lighting, tree planting, signage and street furniture • these guidelines will be updated as a result of the Growth Strategy Program work currently underway 3.5 Drive-through Facilities Study • a drive-through facilities study is being initiated by City staff to address concerns regarding the appropriateness of drive-through facilities in certain locations within the City, and to address their impacts on, among other things, traffic circulation, pedestrian safety, built form and the public realm • the study will review current land use policies, zoning standards and urban design guidelines related to drive-through facilities and recommend any necessary changes • staff anticipate that a report on this matter will be considered at the February 7, 2011 Planning & Development Committee meeting 3.6 Zoning By-law 3036 • the subject property is currently zoned TY - Highway Commercial Zone which permits a variety of commercial uses but does not include the financial institution use • an amendment to the zoning by-law is required to permit a financial institution use 4.0 Results of Circulation 4.1 Resident Comments • none received to date ATTACHMENT # Pa e 4 Information Report No. 06-11 REPORT ft PD g 77 4.2 Agency Comments • Region of Durham (see Attachment #4) • the 0.23 floor space index (fsi) for the proposed development falls short of the Regional expectation of 3.0 fsi within the Urban Growth Centre, particularly in light of the site's exposure and accessibility to Highway 401 and the partial interchange at Liverpool Road • in the absence of additional information regarding the overall re-development of the site, this proposal is not consistent with ROPA 128 • the Regional Works Department will require the Owner to convey a 5.0 metre road widening • additional comments will be provided once the Regional Works Department has had an opportunity to review correspondence from the Ministry of Transportation for the subject property as it relates to the driveway access and the Hwy 401 interchange 4.3 Staff Comments • in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • the appropriateness of the proposed two-storey built form within the Downtown Pickering Urban Growth Centre, and particularly for the redevelopment of this particular site • the appropriateness of a drive-through facility within the Downtown Pickering Urban Growth Centre • access, on-site circulation, parking and traffic generation • consistency with applicable portions of the Pickering Downtown Core Development Guidelines • 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 ATTACHMENT # TO Information Report No. 06-11 REPORT # PD- Page 5 6.0 Other Information 6.1 Appendix No. I • list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report 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 Report • Sustainability Report. • Traffic Impact Study 6.3 Company Principal • Golden Prospect Enterprises Ltd. is the owner of the subject property • Starbank Developments 1786 Corp. is the applicant • Goldberg Group is the agent Mila Yeung Marg Wouters, MCIP, RPP Planner I Manager, Development Review and Urban Design MY:Id Attachments Copy: Director, Planning & Development ATTACHMENT # TO REPORT # PD ~ 79 Appendix-No. I to Information Report No. 06-11 Commenting Residents and Landowners (1) none received to date Commenting Agencies (1) The Regional Municipality of Durham Commenting City Departments (1) none received to date i i I ATTACHIMEN1 # To Excerpts from yob _ REPOR7# PD__ Planning& Development T53 Committee Meeting Minutes Monday, February 7, 2011 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. 2. Zoning By-law Amendment Application A 11/10 Starbank Development 1786 Corp. on behalf of Golden Prospect Enterprises Ltd. 1786 & 1790 Liverpool Road (Part Lot 23, Concession 1, Part 1, 40R-15786) 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. Mila Yeung, Planner I gave an overview of zoning amendment application A 11/10. Michael Goldberg, 2171 Avenue Road, Toronto, appeared before the Committee on behalf of the applicant. He stated the proposed application relates to the northern third of the site where a one storey restaurant currently exists. He noted the applicant proposes to demolish the building and replace it with a two storey financial institution which would include a drive-through facility. He also noted that the drive-through would be situated on the site so that traffic would flow through the site and it would also be screened from the public view. Mr. Goldberg answered questions and provided clarification on the application. A question and answer period ensued. No members of the public appeared in support or opposition to the application. 1 ATTACHMENT # TO RE:POR7 # PD_ 8 Yeung, Mila From: Routledge, Graham (MTO) [Graham. Routledge@ontario.ca] Sent: February-14-11 11:11 AM To: Yeung, Mila Subject: Zoning By-law Amendment Application A 11/10 Re: Zoning By-law Amendment Application A 11/10 .1786 81790 Liverpool Road Concession 1, Part Lot 26 Highway 401, City of Pickering, Region of Durham Dear Ms. Yeung: The ministry has completed its review of the above Zoning By-law Amendment Application and offers the following comments. The applicant should be made aware that these lands that are within the Ministry's Permit Control, and that Ministry building/land-use permits will be required prior to any grading or construction taking place on this land. Please be 3re.that the permit application process typically includes (but is not limited to) the review and approval of a Traffic Impact Study (including a review of the access to the site) and Storm Water Management for the development. Further information on our Building and Land Use Permit requirements is available from our office by contacting Mr. Ken Sherbanowski, Permits Officer (416-235-5560) at the above-captioned address. Sign permits may be required as well, for any signs that are visible 'to Highway 401. Yours Truly, Graham D. Routledge (416) 235-4256 1 ATTACHMENT # 7 TO RcPOR? # PLC--3 January 17, 2011 RECEIVED Mila Yeung Planning Analyst JAN 1 2011 Planning & Development Department City of Pickering CITY OF PICKERING • One The Esplanade PLANMDNEPARTMENOPMENT Pickering, ON L1V 6K7 Dear Ms. Yeung _ The Regional Municipality of Durham Re: Zoning Amendment Application A11/10 Planning Department Applicant: Starbank Development 1785 Corp. on behalf of Golden Prospect Enterprises Ltdg. 605 ROSSLAND ROAD E Location: 1786 and 1790 Liverpool Road 411 FLOOR PO BOX 623 Part of Lot 23, BF Concession 1, Part 1, 40R-15786 P WHITBY ON L1 N 6A3 Municipality: City of Pickering CANADA 905-668-7711 Fax: 905-666-6208 The Region has reviewed the above noted application and offers the Email: planning@durham.ca following comments for your consideration. www.durham.ca The purpose of this application is to amend Zoning By-law 3036 to permit a A.L. issio eer r of f Planning ltwo storey financial institution and drive through facility. Commissioner Regional Official Plan. The subject lands are currently designated 'Regional Centre' in the Durham Region Official Plan (ROP). Centers are to be developed as the main concentration of commercial, residential, cultural and government functions in a well designed and intensive land use form, within Urban Areas. In the Council Approved Regional Official Plan Amendment No.. 128 (ROPA.128), the subject lands are designated "Urban Growth Centre". Urban Growth Centres shall be planned as focal areas for institutional, region-wide public services, major office, commercial,, recreational, cultural, entertainment and residential uses, serving as major employment centres supporting higher order transit services. Urban Growth Centers should support an overall - long-term density target-- of 200 persons and jobs combined per. gross hectare and a floor space index (fsi) of 3.0. The built form of the Urban Growth Centre should be a mix of predominately high-rise development, with some mid-rise, as determined by area municipalities. A Planning Report (dated November, 2010, by Goldberg Group) has been submitted in support of the application. The report indicates that the floor space index for the proposed development is 0.23. Although we recognize that the 3.0 fsi is an overall target for the entire Urban Growth Centre, the proposed 0.23 fsi falls short of the Regional expectations, particularly in light of the site's exposure and accessibility to Highway 401 and the partial " Ser'ice Excellence fcrourCommanities" 1 100% Post Consumer ATTACHMENT -7 TO REPORT # PD - Z 83 interchange at Liverpool road. The developer should explore opportunities to increase the fsi of the subject site. Conversely, the municipality should demonstrate that the shortfall will be captured elsewhere within the Urban Growth Centre. Given the fact that no additional information has been provided for the overall re-development of the site, this proposal is not consistent the ROP, as amended by ROPA 128. 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 completed site screening questionnaire has been submitted with the application. The Region of Durham requires that the questionnaire be signed by a qualified person. There are no other matters of provincial plan interest applicable to this application Regional Services The subject property is connected to municipal water supply and sanitary sewer servicing. Should the development require upgrades to the existing municipal services, they shall be addressed at the time of site plan application. The Regional Works Department will require the Owner to convey a 5.Om road widening as illustrated on drawing A101 Site Plan and Statistics. Additional comments will be provided once the Regional Works Department has had an opportunity to review correspondence from the Ministry of Transportation for the subject property as it relates to the driveway access and the 401 interchange. Durham Region Transit & Transportation The proposal does not present any significant Durham Region Transit or transportation impacts. 2 ATTACHMENT # TO REPORT # PD C~ C V Please do not hesitate to contact the undersigned should you have any questions or comments. Yours truly, Brad Anderson, MCIP, RPP Planning Analyst cc: Regional Works Department - Pete Castellan Durham Region Transit - Martin Ward Durham Region Transportation Planning - Amjad Gauhar 3 ATTACHfUENT # TO REPORT # PD 85 Yeun , Mila From: Peter Castellan [Peter. Castellan@durham.caj Sent: May-05-11 10:33 AM To: Yeung, Mila Subject: Re: Fwd: FW: Zoning By-law Amendment Application A 11/10 Hi Mila, After sending you Transportations comment yesterday, I realized I should have included that those issues can be addressed through the site plan application and we have no objection to the rezoning application. Pete Castellan -----Original Message----- From: "Yeung, Mila" <myeung@cityofpickering.com> Cc:. Margaret Wouters <mwouters@cityofpickering.com> To: Peter Castellan <Peter.Castellan@durham.ca> Sent: 5/5/2011 10:15:47 AM Subject: RE: Fwd: FW: Zoning By-law Amendment Application A 11/10 Hi Pete, I appreciate the Region's response, as a part of a complete application, the City had requested a number of technical studies, a Traffic Impact Study and a Stormwater Management Report was one of many reports submitted In our circulation to the Region of Durham dated, December 6, 2010, 2 copies of the Traffic Impact Study and Stomwater Management Report was included. Since a site plan application has been submitted by the applicant, we will supply a copy of the Traffic pact Study and Stormwater Management Report to the MTO for their review and comments in c:0ards to the site operation and function. Given that these site operation and function can be resolved during the site plan process, would you please advise if the Region have any concerns with the zoning by-law amendment of adding a financial institution use as a permitted use on the subject property? Regards, Mila Yeung Planner Planning & Development Department City of Pickering T. 905.420.4660 ext. 2169 Toll Free 1.866.683.2760 F. 905.420.7648 TTY. 905.420.1739 nyeung@cityofpickering.com<mailto:myeung@cityofpickering.com> 1 ATTACHMENT # TO REPORT # PD_ /F-/I 86 [cid:image001.jpg@01 CCOBOA.4984CC00] www.cityofpickering.com<http://www.cityofpickering.com/> From: Peter Castellan [mailto:Peter.Castellan@durham.ca] Sent: May-04-11 4:25 PM To: Yeung, Mila Subject: Re: Fwd: FW: Zoning By-law Amendment Application A 11/10 spoke to soon see comments below. ate Doug Robertson 04/05/20114:23 pm Pete, In response to MTO's comments, I would add the following to our previous comments: 1. MTO has requested a-traffic impact study for this proposed redevelopment. This study is to be .completed in accordance with Terms of Reference that have been reviewed and approved by MTO, the Region and the City. 2. Following review of the traffic impact study and MTO's comments on the study, the Region may provide further comments regarding access configuration and operation. The stormwater management study requested by MTO shall also be submitted for review by the Region. Regards, Doug Peter Castellan 04/05/2011 2:58 pm Doug, Back when the rezoning application was circulated, it was indicated from Transportation Infrastructure that comments would be provided once your group has an opportunity to review correspondence from MTO. We have a site plan application and we have requested road widening. In Jeffs absence, can you review MTO's comments below and advise if there are any concerns. Thanks Pete 2 ATTACHMENT # TO REPORT # PD -j "Yeung, Mila" <myeung@cityofpickering.com> 04/05/2011 1:38 pm Hello Pete, 87 Below are the comments received from MTO. Please advise if that changes your position. Mila Yeung Planner Planning & Development Department City of Pickering T. 905.420.4660 ext. 2169 Toll Free 1.866.683.2760 F. 905.420.7648 TTY. 905.420.1739 myeung@cityofpickering.com<maiIto: myeung@cityofpickering.com> [cid: image001. jpg@01 CCOBOA.4984CC00] . ww.cityofpickering.com<http://www.cityofpickering.com/> From: Routledge, Graham (MTO) [mailto: Graham. Routledge@ontario.ca] Sent: February-14-11 11:11 AM To: Yeung, Mila Subject: Zoning By-law Amendment Application A 11/10 Re: Zoning By-law Amendment Application A 11/10 1786 &1790 Liverpool Road Concession 1, Part Lot 26 ahway 401, City of Pickering, Region of Durham Dear Ms. Yeung: The ministry has completed its review of the above Zoning By-law Amendment Application and offers the following comments. The applicant should be made aware that these lands that are within the Ministry's Permit Control, and that Ministry building/land-use permits will be.required prior to any grading or construction taking place on this land. Please be aware that the permit application process typically includes (but is not limited to) the review and approval of a Traffic Impact Study (including a review of the access to the site) and Storm Water Management for the development. 3 U O Further information on our Building and Land Use rm `requirements is available from our office by contacting Mr. Ken Sherbanowski, Permits Officer (416-235-5560) at the above-captioned address. Sign permits may be required as well, for any signs that are visible to Highway 401. Yours Truly, Graham D. Routledge (416) 235-4256 , ATTACHMENT # / TO RE.P0R7 # PD 89 ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC. 500 Consumers Road North York ON M2J 1P8 FEBRUARY 11 T", 2011 1 q Mailing Address FEB 17 P.O. Box 650 Scarborough ON M1 K 5E3 PLANNING & DEVELOPMENT DEPARTMENT MILA YEUNG PLANNER1 CITY OF PICKERING PICKERING CIVIC COMPLEX ONE THE ESPLANADE PICKERING ON L1V 6K7 Dear Sirs: RE: ZONING AMENDMENT APPLICATION - A 11/10 STARBANK DEVLOPMENT 1786 CORP. ON BEHALF OF GOLDEN.PROSPECT ENTERPRISES LTD. 1786 & 1790 LIVERPOOL ROAD Enbridge Gas Distribution has no objections to the development as proposed. However, should the applicant consider the use of natural gas for this development, Enbridge requests the developer contact us at their earliest convenience to discuss installation and clearance requirements for service and metering facilities. Yours truly, JIM ARNOTT Municipal Coordination Advisor Distribution Asset Management (416) 758-7901 (416) 758-4374 - FAX JA: ATTACHMENT /d TO r _ REPOR 1 # PD - 1T 732 PICKERING Memo um 1510NUNNIAL '-011 To: Mila Yeung January 12, 2011 Planner From: Robert Starr Manager, Development Control Copy: Coordinator, Development Approvals Subject: Zoning By-law Amendment Application A11/10 Starbank Development 1786 Corp. on behalf of Golden Prospect Enterprises Ltd. 1786 & 1790 Liverpool Road (Part Lot 23, Concession 1, Part 1, 40R-15786) City of Pickering We have reviewed the documents submitted in support of the Zoning By-law Amendment Application and provide the following comments: General Comments 1. The applicant may be required to enter into a Development Agreement with the City 'to address any offsite works, road improvements, land transfer, easements, utility relocation, cost sharing, etc. 2. A Construction Management Plan will be required, during Site Plan review, that addresses such items as road cleaning, mud/dust control, sedimentation and erosion control, hours of work, vehicle parking, equipment and material storage, a spill response plan, etc. 3. The City of Pickering's Fill & Topsoil By-law prohibits soil. disturbance, removal or importation to the site unless a permit has been issued. No on-site works prior to Site Plan Approval is permitted without a permit. A copy of the By-law and Permit Application is attached and should be forwarded to the applicant. 4. A Geotechnical Report will be required as part of the Site Plan Application. The report should comment on the permeability of existing soils as it relates to any proposed infiltration measures for stormwater management. 5. There are proposed intersection improvements for Liverpool Road and the commercial entrance (Loblaws) that may require the need for an additional regional road widening (daylighting triangle) that would affect the proposed location of the building. A sidewalk is also required to be installed on the south side of the commercial entrance (Loblaws) that, due to the existing grade of the applicant's property, may also affect the proposed building location (grading). The building and parking areas along the north property line would need I ATTACHMENT.# TO REPORT # PD~R to be moved to the south or the existing property lowered to better accommodate the existing grades and the new sidewalk. 91 6. The proposed handicap parking ramp does not allow for proper wheelchair movement. 1.5m is required beyond the top of the ramp. 7. The proposed bike rack location does not provide a minimum 1.5m between it and the edge of curb for pedestrian movement. 8. A new sidewalk/landscape area is indicated south of the 11 parking spaces. Sidewalks must be a minimum 1.5m wide to accommodate pedestrian movement. 9. The north and east pedestrian entrances are not feasible. The north entrance is in front of existing hydro pole guy wires which would require relocation (if possible) at the applicant's expense, as well, any stairs required must be on the applicant's property not the adjacent property. The east entrance is on the proposed regional road widening. A sidewalk on the private side of the property is required for access to the building. Stormwater Management 1. We will provide detailed comments on the engineering design during Site Plan review. The applicant is advised that discharge of roof drainage off site onto the Liverpool Rd road allowance would not be permitted. This drainage should be incorporated into an infiltration facility on site. 2. Ponding areas appear to include curbed areas that would be higher than the maximum ponding elevation. This needs to be addressed. Also, provide maximum ponding elevations on the plan. 3. The location of the proposed infiltration trench may not be allowed by the Region of Durham as this is in an area of possible future road widening. All stormwater controls are to be located onsite. As per General Comment #4 above, the geotechnical report should address the permeability of soils as it relates to stormwater management and any proposed infiltration measures. The Low Impact Development SWM Design Guide indicates that an overflow pipe is to be located below the maximum frost penetration to prevent freezing and is to be at or near the top of the gravel layer. 4. Indicate the outlet system and existing pipe sizes on Liverpool Road. Starbank Development 1786 Corporation Page 2 Zoning By-law Amendment Application A11/10 I