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HomeMy WebLinkAboutPD 19-11 City Report To Planning & Development Committee PICKERI G Report Number: PD 19-11 Date: July 4, 2011 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 4/11 Motorsports Pickering on behalf of Kahn Auctions Ltd. 2695 - 2699 Brock Road (Part Lot 18, Concession 3) City of Pickering Recommendation: 1. That Report PD 19-11 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 4/11, submitted by Motorsports Pickering on behalf of Kahn Auctions Ltd., to permit a recreational vehicle sales and service establishment for a period of three years on lands being Part of Lot 1, Concession 3 be approved; and 3. Further, that the draft temporary zoning by-law to implement Zoning By-law Amendment Application A 4/11, as set out in Appendix I to Report PD 19-11, be finalized and forwarded to City Council for enactment upon the receipt of an agreement or undertaking from the property owner to convey certain lands to the City for a future road connection. Executive Summary: The applicant requests an amendment to the zoning by-law to permit a recreational vehicle sales and service establishment for a period of three years on the property at 2695 - 2699 Brock Road (see Location Map - Attachment #1). The applicant proposes to re-use the existing building in its current condition without any significant change to the exterior of the building or the site layout (see Applicant's Submitted Plan - Attachment #2). The proposed use of the property is not aligned with the long term vision for the property given the subject lands are designated for higher intensity mixed use development within the Duffin Heights Neighbourhood. However, as the request is for a temporary zoning within the existing building only and no new development is proposed through the application, the proposed use is considered acceptable. The approval of the application will also assist an existing Pickering business that has outgrown its current location to remain in Pickering. Report PD 19-11 July 4, 2011 Subject: Motorsports Pickering on behalf of Kahn Auctions Ltd. (A 4/11) Page 2 L In order to ensure that the temporary use does not prejudice the future development of the lands and the surrounding area, it is recommended that any approval be conditional upon the owner entering into an agreement with the City for the future transfer of lands along the north property line for the purposes of a future road, as identified in the Official Plan. The property owner is opposed to entering into any agreement for the future conveyance of land for road purposes as a condition of securing approval for a temporary use. The application is recommended for approval. The implementing by-law is appropriate as it is consistent with Official Plan policies for temporary uses zoning by-laws in that it will not prejudice the future development of the lands and the surrounding area, is a temporary use of the lands, the site can accommodate the proposed temporary use, and the temporary use will be compatible with, and not adversely affect, the existing surrounding land uses. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. Sustainability Implications: Staff's review of the application against the City of Pickering Draft Sustainable Development Guidelines resulted in a score below the Level 1 requirements for Guideline #2 (Plan of Subdivision, Site Plan, Rezoning and Building Permit Guidelines). Due to the nature of the proposal, there are limited opportunities to achieve Level 1. The development proposal provides opportunities for efficient use of underutilized buildings on an interim basis. The proposal to re-use an existing building that will utilize existing infrastructure and amenities within the City's urban area is an appropriate temporary use for the property. When the property is redeveloped in accordance with the Official Plan and the Duffin Heights Neighbourhood Development Guidelines, the property has the ability to achieve a significantly higher score. 1.0 Background: Motorsports Pickering proposes to relocate their existing business (recreational vehicle sales and servicing) from a Bayly Street location to the Kahn Auction Barn property at 2695 - 2699 Brock Road located in the newly developing Duffin Heights Neighbourhood (see Location Map - Attachment #1). The lands are located on the east side of Brock Road north of the Hydro Corridor and south of Old Taunton Road. The proposal is to move the business onto the subject property on a temporary basis without undertaking any significant improvements to either the site layout, access or the exterior of the building. Minor interior improvements are anticipated to accommodate the nature of the business (see Applicant's Submitted Plan - Attachment #2). Report PD 19-11 July 4, 2011 Subject: Motorsports Pickering on behalf of Kahn Auctions Ltd. (A 4/11) Page 3 03 The Duffin Heights Neighbourhood is intended to consist of primarily medium density residential development with higher intensity mixed use development along the Brock Road corridor. The subject property is within the mixed use corridor on the east side of Brock Road (see Duffin Heights Tertiary Plan - Attachment #3). A number of plans of subdivisions on both sides of Brock Road have received draft approval and are proceeding towards registration. The construction of the first houses in the neighbourhood is anticipated to begin soon in the Mattamy subdivisions to the southeast of the subject property. The neighbourhood is also undergoing infrastructure improvements with the servicing of the area with municipal water and sanitary sewers and the reconstruction of Brock Road. 2.0 Comments Received 2.1 At the May 9, 2011 Public Information Meeting One resident sought clarification related to proposed baseball facilities on the subject property; it was later confirmed that the baseball facilities were not related to the subject lands (see Text of the Information Report - Attachment #4 and Meeting Minutes - Attachment #5). 2.2 City Department and Agency Comments Region of Durham . the proposed use is permitted within the Region's Planning Official Plan policies for the land designation Living Department Areas with a Regional Corridor overlay • the site is currently serviced by well and private septic system and, should there be any malfunction or issue with the existing private sewage disposal system, it will be the responsibility of the owner to have a new system installed • should the applicant require a site plan application for the property, the Region may identify road widening conveyances and access improvements for the subject land • should any site works or development be proposed as part of this appliction or future application, an Archaeological Assessment will be required (see Attachment #6) Toronto and Region . TRCA has no objection to the application given the Conservation interim nature of the use, the lack of significant Authority (TRCA) development and the context of the lands to the west of the Urfe Creek (see Attachment #7) Report PD 19-11 July 4, 2011 Subject: Motorsports Pickering on behalf of Kahn Auctions Ltd. (A 4/11) Page 4 Development • the City will require certification that the septic bed is Control not located within the William Jackson Drive road allowance • the City will require the portion of the subject lands for the William Jackson Drive road allowance to be conveyed to the City • that the City secure the ability to obtain the lands for the proposed collector road that is located along the northern property line (see Attachment #8) 2.3 Other Agencies No other agency (being technical agencies) that provided comments on the application, expressed any concern with the proposed land use. 3.0 Discussion: 3.1 A Temporary Use Zoning By-law for a Three Year Period for the Proposed Use is Appropriate The proposed use of the existing property and building in their present condition for a recreational vehicle sales and service establishment is acceptable on a temporary basis, although the proposed use is not consistent with the long term vision for the Duffin Heights Neighbourhood. The long term vision for the property, as outlined in the Official Plan, is for pedestrian related higher intensity residential and commercial uses. The City's Official Plan allows for temporary use zoning by-laws to permit the use of land, buildings or structures on a temporary basis, whether or not the use conforms to the Official Plan. When considering a temporary use by-law, Council should consider if the use is clearly temporary in nature and intended only for a limited time, if the site can accommodate the proposed use, the use will be compatible with, and not adversely affect surrounding land uses, and the proposed use will not prejudice the future development of the lands and the surrounding area. The proposed recreational vehicle sales and service use is appropriate as a temporary use as the existing building and property can accommodate the use with minimal modifications, and the proposed use will not impact the future development of the lands or surrounding area. The existing gravel parking lot can provide ample parking for the proposed use. All activities related to the proposed use are proposed to be contained within the existing building, with no outdoor storage and display or outdoor servicing permitted, which will ensure no noise or other impacts on future homeowners of the area. Report PD 19-11 July 4, 2011 Subject: Motorsports Pickering on behalf of Kahn Auctions Ltd. (A 4/11) Page 5 UJ 3.2 The Owner will have to Satisfy the Region of Durham that appropriate Private Sanitary Septic Services are Available to the Site The property owner, along with abutting landowners, previously entered into an agreement with the City for the transfer of land (approximately 11.0 metres in width) that would allow the construction of William Jackson Drive at the rear of the properties (see Attachment #3). As a portion of the existing septic bed for the subject property is located on lands to be conveyed to the City for the road, the owner will be required to satisfy the Regional Health Department that the remaining bed is suitable for the proposed use, and appropriately modified. Preliminary discussions with the Regional Health Department Staff indicate that the bed can be modified at a nominal cost. As the capacity of the septic system is being reduced as a result of conveyance of the William Jackson road allowance, any future use of the building for an auction barn will require approval/permit from the Regional Health Department. With the construction of William Jackson Drive, sanitary and water services will be available to the property. Staff do not support municipal service connections to the existing building on the subject property from the future William Jackson Drive as this would entrench the longevity of the building. 3.3 Site Plan Approval is Not Anticipated to be Required for the Proposed Temporary Use Site plan approval to allow the proposed temporary use will not be required as long as the applicant is not proposing any significant site or exterior building alterations. 3.4 City Should Control the Land for the Future East-West Connection Road along the Northern Portion of the Property The Duffin Heights Neighbourhood policies/plan identifies a new 22 metre collector road along the northern limit of the subject lands. The future collector road will connect William Jackson Drive with Brock Road and then connect with Tillings Road on the western side of the neighbourhood. The establishment of this road is important to the development and functioning of the neighbourhood as it, along with the other collector roads, provide for traffic management, looping abilities for transit, connection between residential neighbourhoods and will incorporate a portion of the multi use trail system. Report PD 19-11 July 4, 2011 Subject: Motorsports Pickering on behalf of Kahn Auctions Ltd. (A 4/11) Page 6 06 It is important that the City have control as to when the right-of-way is to be conveyed to the City. The transfer of the land is not anticipated to be required in the short term, however as the pace of development increases in the area over the next few years, this east-west collector road will be required for proper functioning of the road network. As Council can only require conveyance of land through development applications and the timing of future development applications on the property is beyond the City's control, staff recommend that an agreement to convey the lands be obtained through this application prior to enactment of the by-law. Although it would be preferable to obtain an agreement to convey the lands without a restricted timeframe, staff are willing to consider a three year delay for the actual conveyance of the lands to coincide with the expiry of the temporary use by-law. Staff are satisfied that a possible three year delay in the construction of the road will not jeopardize future development within the Duffin Heights Neighbourhood. Should the owner make application to redevelop the property within the next three years, the City would have the ability to acquire the lands for the road at that earlier time. It is therefore recommended that the temporary use zoning by-law be forwarded to Council either after the execution of the agreement to transfer the required lands or upon receipt of a letter of undertaking from the owner to execute an agreement to transfer the land within two months of the passing of the temporary use zoning by-law. 3.5 A Site Specific Amendment to Zoning By-law 3037 should be enacted Staff recommend that a temporary use zoning by-law be approved to permit a recreational vehicle sales and service establishment within the existing building on the subject property. The proposed by-law is for a three year term (maximum term for a temporary use under the Planning Act). At the end of the term,. Council may consider an application to extend the use for a further temporary period up to three years, or may determine that the proposed use is no longer appropriate and refuse further extensions. Appendix I to Report PD 19-11 contains the recommended amendment to the zoning by-law. The draft By-law: a) permits a recreational vehicle sales and service establishment use within the existing building only, for a period of three years; and b) does not permit outdoor display or storage, or servicing activity. 4.0 Applicant's Comments: The property owner has advised that they are opposed to entering into any agreement with the City for the future conveyance of land for a municipal road. They are of the opinion that since the application is for a temporary use only and will not result in any new development, there should not be any conditions respecting land dedication. Report PD 19-11 July 4, 2011 Subject: Motorsports Pickering on behalf of Kahn Auctions Ltd. (A 4/11) Page 7 G7 Appendix: Appendix I: Draft Zoning By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Tertiary Plan - Duffin Heights Neighbourhood 4. Text of Information Report No. 10-11 5. Minutes from May 9, 2011 Statutory Public Information Meeting 6. Agency Comments - Region of Durham Planning Department 7. Agency Comments - TRCA 8. City Comments - Development Control Prepared By: Approved/Endorsed By: i a~ P/J~F~m 4~O~K~ Ross Pym, MCIP, PP Neil Carr CIP, RPP Principal Planner - Development Review Director, Planning & Development Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design RP:Id Copy: Chief Administrative Officer Recommended for the consideration of Pickering C Council r) Z2, 22 o l Tony Prevedel, P.Eng. Chief Administrative Officer Appendix I to Report PD 19-11 Draft Zoning By-law Amendment Application A 4/11 The Corporation t fy of Pickering 09 o. XXXX/11 Being a by-law to amend Restricted Area Zoning By-law 3037, as amended by By-law 2005/85, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 18, Concession 3, City of Pickering. (A 4/11) Whereas the Council of The Corporation of the City of Pickering deems it desirable to enact a temporary use by-law for a period of three years to permit the establishment of a recreational vehicle sales and service establishment on the lands, being Part of Lot 18, Concession 3, in the City of Pickering; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Text Amendment Section 6.1.5.12 of By-law 3037, as amended, is hereby further amended by adding thereto new subsection (4) after subsection (3) as follows: (4) Despite any provisions in this By-law to the contrary, in addition to any other uses permitted, a recreational vehicle sales and service establishment shall be permitted until July 11, 2014 in accordance with the following provisions: (a) For the purpose of this subsection a recreational vehicle sales and service establishment shall mean a building or part of a building used for the sales and servicing of motorized recreational vehicles such as snowmobiles, motorcycles and all terrain vehicles; (b) No outdoor storage, outdoor display or outdoor service activity shall be permitted; (c) A recreational vehicle sales and service establishment may operate only from the building existing at the time of the passing of this by-law. 2. By-law 3037 By-law 3037, as amended by By-law 2005/85 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as amended. By-law No. XXXX/11 Page 2 3. 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 11thda uly, 2011. dam VRAr David Ryan, Mayor 9RAFT Debbie Shields, City Clerk L'" # TO zz/ TOE R~qo D D PR JERTY m Q o c~ _z J o V#VDU a >.#W U O m GO ~O City of Pickering Planning & Development Department PROPERTY DESCRIPTION Part of Lot 18 Concession 3. 07\ OWNER Kahn Auctions Ltd. DATE Mar. 23, 2011 DRAWN BY JB FILE No. A 4/11 SCALE 1:10,000 CHECKED BY RP N a a aura..: Teranet Enterprl.ee Inc, nd its ppIlr All rlyht. Reserved. Not a plan of .u-ey. PN-15 2005 MPAC and it. w Iles. All rl ht. Reserved. Not a Ian of Surve . "I 2 7 TO Information Compiled from Applicant's Submitted Plan A 4/11 Kahn Auctions Ltd. 192.7m TFF~TK) I w, tR w • ~5us'nuY •rni I 4 rw I q 1 n U k~ _ I 7 I a rn _ PARD M: LL '1-,k~O ~ ~ yr a I ay. 1 to y - _ _ ..,.,way,.. < „->w .r,-u-. __.i._ ,4 -:.r_!Tt + - - ~ a-•= I~ N This map was produced by The City Of Pickering Planning & Development Department, Planning Information Services Division Mapping And Design, Mar. 23, 2011 TO Information Compiled from Applicant's Submitted Elevation Plan A 4/11 Kahn Auctions Ltd. SOUTH ELEVATION I ~ II I it ~ ~ 5 I I BAST ELEVATION KaN 'yt~N• A 1: t a w.~ I ~ I NORTH ELEVATION i l I III i - - - ;,t ~ I I i I I I C ~ I ~ ~ I Ili ' G-. T uun. viuuwap cew WEST ELEVATION G ,rt ~Y This map was produced by The City Of Pickering Planning & Development Department, Planning Information Services Division Mapping And Design, Mar. 23, 2011 "!T TO TAUNTON ROAD I ~ \UNE L. Pi \G RP - PNPO\PN-_ I C ,I I aI o `.1 1 SPA /jam I ~W I w COUR E 11 OPEN SID E `i/ TT 1 I INP 1 CE OP N r O I 16-4 SP CE OR goy / t ✓ II j, i II , / ISMPI 1 \ OPEN (CFj «PACE ~ CEMETERY 1k ♦ I V V ISMP I ' r, xl. SPACE II j/~ J F 7 i S EN % `S61,I N~~R i FF- KAHN AUCTION BARN City of Pickering Planning & Development Department TERTIARY PLAN - DUFFIN HEIGHTS NEIGHBOURHOOD GUIDELINE BOUNDARY FUTURE ROADS RESIDENTIAL SMPf FUTURE STORMWATER ♦,,i MANAGEMENT POND EXISTING ROADS BROCK ROAD STREETSCAPE rP1 FUTURE NEIGHBOURHOOD GOLF COURSES EMPLOYMENT LN J PARK t FUTURE ELEMENTARY SCALE 1:12500 TABLELAND FOREST FOCAL POINTS SCHOOL 100 0 100 FIGURE A VILLAGE GREEN CF l FATUR Y COMMUNITY me res TERANET\etudlee\Duffln Heights\Deeign and Tertiary Plan\DH_Teritaryplan2009MAY12.dwq MAY 12, 2009 City Information Report Report Number: 10-11 For Public Information Meeting of PI ~KERING Date: May 9, 2011 N r' 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 4/11 Motorsports Pickering on behalf of Kahn Auctions Ltd. 2695 - 2699 Brock Road (Part Lot 1, Concession 3) City of Pickering 1.0 Property Location and Description • the subject lands are located on the east side of Brock Road, north of the Hydro corridor and south of Old Taunton Road in the Duffin Heights Neighbourhood (see Location Map - Attachment #1) • the lands currently support the Kahn Auction Barn, an 850 square metre commercial building located in the eastern portion of the property • the majority of the property is covered with a gravel parking lot; a wide landscaped area along the Brock Road frontage previously supported a detached dwelling and contains some remnant landscaping and trees from the former residential use • the property also contains a telecommunication (cell) tower located in the northeast corner of the property • the site's topography is relatively flat • surrounding land uses are: north - a contractor's yard south - a vacant residential property east - lands for the future extension of William Jackson Drive and a future school block west - vacant land and residential properties across Brock Road 2.0 Applicant's Proposal • the applicant has requested approval of a zoning by-law amendment to permit a recreational vehicle sales and service establishment (e.g. snowmobiles, ATV and motorcycles) on the property for a period of three years • the applicant proposes to use the existing property in its current condition without any significant change to the site layout or the exterior of the building (see Applicant's Submitted Plan - Attachment #2) Information Report No. 10-11 F, Page 2 3.0 Official Plan and Zoning 3.1 Durham Regional Official Plan • the Regional Plan designates the subject property "Urban System - Regional Corridor and Living Area" • "Regional Corridors" are to be planned and developed as mixed-use areas, including residential, commercial and service areas with higher densities and achieving a mix of commercial, residential, employment and institutional uses while supporting higher order transit services and pedestrian oriented development • 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 3.2 Pickering Official Plan • the subject lands are within the Duffin Heights Neighbourhood of the Official Plan and are designated "Mixed-Use Areas - Mixed Corridors" • the "Mixed Corridor" designation is intended primarily for residential, retail, community, cultural and recreational uses at a scale serving the community • the designation provides for a range of commercial uses and residential development at a density of over 30 units up to and including 140 units per net hectare to a maximum floor space index (FSI) of 2.5 • the Duffin Heights Neighbourhood policies for the Mixed Corridor designation require new development to provide a strong and identifiable urban image by establishing buildings closer to the street, providing safe and convenient pedestrian access, and requiring all buildings to be multi-storey • Schedule II - Transportation Systems designates Brock Road where it abuts the subject lands as a "Type A - Arterial Road" and a "Transit Spine" and designates the proposed abutting north-south road to the east (William Jackson Drive), as a "Collector Road" • Transit Spines are recognized corridors where higher level of transit service is to be encouraged • the application will be assessed against the policies and provisions of the Pickering Official Plan during further processing of the applications 3.3 Duffin Heights Neighbourhood Development Guidelines • the approved Duffin Heights Neighbourhood Development Guidelines (NDG) provide design objectives for the neighbourhood • the subject property is delineated as Brock Road Streetscape on the Tertiary Plan which encourages higher density, mid-rise and mixed use buildings with a high level of architectural quality • the Tertiary Plan also shows a future east-west road through the property that will connect Brock Road with the future William Jackson Drive Information Report No. 10-11 4 Page 3 17 • the future east-west road will create a corner property along Brock Road; corner properties are intended to be developed as focal points for the neighbourhood and should provide, at minimum, three functional floors with a four story massing located in close proximity to the street in order to establish the desired pedestrian-oriented community 3.4 Zoning By-law 3036 • the subject lands are currently zoned "A"- Rural Agricultural, by Zoning By-law 3037 as amended by By-law 2005/85 • the existing zoning permits a variety of agriculture related uses as well as an auction warehouse • an amendment to the zoning by-law is required to allow a recreational vehicle sales and service establishment on a temporary basis 3.5 Temporary Use By-laws • the Official Plan provides for temporary use zoning by-laws to permit the use of land, buildings or structures on a temporary basis, whether or not the use conforms to the Official Plan • temporary use zoning by-laws can be considered under the following circumstances: • when a use is intended only for a limited time • to monitor a use for a temporary period prior to it being considered permanent, and • to allow a use to exist for a temporary period within an area that is undergoing a land use study, without influencing the outcome of that study • in considering a temporary use by-law, Council shall be satisfied that: • the site can accommodate the proposed use in terms of site layout, building design, parking, traffic circulation, access, landscaping and servicing • the use will be compatible with, and not adversely affect, any surrounding land uses that currently exist; and • the use will not prejudice the future development of the lands and the surrounding area • temporary use by-laws may be approved for a period which shall not exceed three years, but may be extended by Council by granting further periods of not more than three years 4.0 Results of Circulation 4.1 Resident Comments • none received in response to the circulation to date 4.2 Agency Comments • Toronto and Region Conservation Authority (see Attachment #3) • no objection given the interim nature of the use, lack of proposed significant changes to the site and the context of the lands Information Report No. 10-11 y TO Page 4 4.3 Staff Comments • the following matters have been identified by staff for further review and consideration: • compliance with the City's Official Plan and Development Guidelines • the appropriateness of the proposed temporary use given the development vision for the Duffin Heights Neighbourhood as a residential community with higher density, pedestrian-related mixed use development along the Brock Road corridor • ensuring that the proposed use is compatible with, and sensitive to, adjacent existing and proposed development (including visual and noise impacts) • ensuring that the proposed development does not impact the ability of abutting properties to develop in accordance with the Official Plan and Duffin Heights Neighourhood tertiary plan, and does not preclude or delay the future road connection between Brock Road and William Jackson Drive • proposed sustainable development components • ensuring that technical submissions and reports meet City standards 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 to 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 commented on the applications at the time of writing this report TO Information Report No. 10-11~- U Page 5 19 6.2 Information Received • full scale copies of the plans and studies listed below are available for viewing at the offices of the City of Pickering Planning & Development Department: • copy of the existing site plan for the property • Planning Rationale Letter • Sustainability Letter 6.3 Owner/Applicant Information • the owner of the subject lands is Kahn Auctions Ltd. • Henry Kahn is the principal of Kahn Auctions Ltd. • the application has been submitted by Motorsports Pickering, the proposed users of the property • Rick Hunter is a principal of Motorsports Pickering ORIGINAL SIGNED BY ORIGINAL SIGNED BY Ross Pym, MCIP, RPP Marg Wouters, MCIP, RPP Principal Planner - Development Review Manager, Development Review & Urban Design RP:ld Attachments Copy: Director, Planning & Development 20 y Appendix No. I to - Information Report No. 10-11 Commenting Residents and Landowners (1) none received to date Commenting Agencies (1) Toronto and Region Conservation Authority Commenting City Departments (1) none received to date . Excerpts from c~ Joint Planning & Development and 21 Executive Committee Meeting Minutes Monday, May 9, 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. 1. Zoning By-law Amendment Application A 4/11 Motorsports Pickering on behalf of Khan Auctions Ltd. 2695-269 Brock Road (Part Lot 1, Concession 3), City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Ross Pym, Principal Planner, Development Review, provided an overview of zoning by-law amendment application A 4/11. Patrick Spears, 1847 Malden Crescent appeared before the Committee and questioned whether a donation from Pickering Men's Slow Pitch had been designated for a ball diamond at this location. Staff provided clarification later in the meeting that the donation was designated for another location. .The applicant appeared before the Committee and stated that their current lease was expiring in June and that this would provide an opportunity to put to use the vacant building situated on this property and would also provide an opportunity to put people back to work. He stated this would be a temporary location. A question and answer period ensued with respect to the operation of the business. 1 2 2 11` RECEIVE May 30, 2011 MAY 3 1 2011 CITY OF FICKERING Ross Pym PLANNING & DEVELOPMENT Principal Planner DEPARTMENT • Planning & Development Department City of Pickering One The Esplanade The Regional Pickering, ON L1V 6K7 Municipality of Durham Dear Mr. Pym Planning Department Re: - Zoning Amendment Application A 04/11 605 ROSSLAND ROAD E 4 FLOOR Applicant: 1303970 Ontario Limited PO BOX 623 Location: 2695 - 2699 Brock Road WHITBY ON L1 N 6A3 Part of Lot 1, Conc. 3 CANADA 905-668-7711 Municipality: City of Pickering Fax: 905-666-6208 Email: planning@durham.ca The Region has reviewed the above noted application and offers the www.durham.ca following comments for your consideration. A.L. Georgieff, MCIP, RPP Commissioner of Planning The purpose of this application is to permit a temporary zoning on the property for up to three years to allow a small vehicle (snowmobiles, ATV and motorcycles) sales and service establishment. Regional Official Plan The subject lands are currently designated `Living Areas' with the `Regional Corridor' overlay in the Durham Region Official Plan (ROP). Corridors are to be planned and developed as mixed-use areas, which include residential, commercial, and service areas with higher densities. The proposed small vehicle sales established and accessory servicing component is permitted within the Corridor designation. 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 Site Screening Questionnaire (SSQ) has been submitted in support of the application. The Region requires that the SSQ be signed by a qualified person. "Service Excellence for our Communities" 10011i Post Consumer 1 2 3 Archaeological Potential This site is within proximity to an identified archaeological site. According to the information submitted with the application, the proposed use is intended to take place within the existing structure. Should any site works or development be proposed as part of this application or any future applications, an Archaeological Assessment will be required. Regional Servicing The existing building is currently serviced by well and private septic systems. Should there be any malfunctions or issues with the existing private sewage disposal system, it will be the responsibility of the owner of the subject lands to have a new system installed as per Part 8 of the Ontario Building Code. An incorrect Health Review Fee has been submitted. The Region requires that a subsequent payment in the amount of $25.00 be submitted. Transportation Should the applicant require a site plan application for this property, the Region may identify road widening conveyance and access improvements required to service the lands. The subject lands are located on Brock Road, a Type 'A' arterial road within the ROP. Section 11.3.3 (Schedule 'E' - Table 'E7") identifies specific access requirements, to which the existing access does not-conform. Should any changes to the existing access to contemplated, further investigation to the satisfaction of the Regional Works Department may be required. 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 Health - Michael Strachan Durham Region Transportation Planning - Amjad Gauhar 2 TORONTO AND REGION n rv o se ation L 4 for The Living City April 13, 2011 CFN 45112.03 VIA MAIL AND EMAIL (rpymC@_cityofpickerinq.com) RECEIVED Mr. Ross Pym, MCIP RPP City of Pickering APR 1 20411 1 The Esplanade CITY OF PICKERINC Pickering ON L1 V 6K7 PLANNING & DEVELOPMENT DEPARTMENT Dear Mr Pym: Re: Zoning By-law Amendment Application A 4111 On lands municipally known as 2695-2699 Brock Road, Part of Lot 1, Con. 3 (Motorsports Pickering on behalf of Kahn Auction Ltd.) 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 3037, as amended, to permit a temporary zoning permission for up to three years to allow a small vehicle sales and service establishment as a permitted use. We further understand that the proposed use is to take place within the existing building and property without any 'significant' changes. Environmental Setting The subject lands are located to the west of the Urfe Creek and valleylands. There are no TRCA Regulated Areas pursuant to Ontario Regulation 166/06 located on the property. Recommendation Given the interim nature of the use, the lack of 'significant' changes and the context of the lands to the west of Urfe Creek, TRCA staff have no objection to the application. Please contact me if you have any questions or concerns with respect to this letter. Yours truly, Chris Jones, MCIP, PP Senior Planner Planning and Development Extension 5718 CJ/ cc: Steve Heuchert, TRCA (via email only: sheuchert@trca.on.ca) F:\Home\Public\Development Services\Durham Region\Pickering\2695_2699 Brock Road_1.wpd Member of Conservation Ontario 5 Shoreham Drive, Down$view, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca r F 25 PICKERING Memo, 1811 BICENTENNIAL. 2011 To: Ross Pym May 4, 2011 Principal Planner - Development Review From: Robert Starr Manager, Development Control Copy: N/A Subject: Zoning Amendment Application A04/11 Motorsports Pickering 2695-2699 Brock Road (Part Lot 1, Concession 3) City of Pickering We have reviewed the latest submission for the above-mentioned application and our comments are as follows: 1. We will require certification that the septic tile bed is not located within the William Jackson Drive road allowance. 2. We will require their portion of the William Jackson Drive right-of-way to be conveyed to the City. 3. The City should secure the ability to obtain the lands for the proposed collector road located along the northern property line. RS/Imc LRU zoning ApplicationsW04-11 - 2695 2699 Brock Road (Khan Bam)%Comments • May 2011.doc