HomeMy WebLinkAboutPD 01-12~itq °0 Report To
'u' Planning & Development Committee
PICKERING Report Number: PD 01-12
Date: January 9; 2012
From: Neil Carroll
Director, Planning & Development
Subject: Zoning By-law Amendment Application A 7/11
Loblaw Properties Limited
1792 Liverpool Road
(Part of Lot 23, Concession 1 South)
City of Pickering
Recommendation:
That Zoning Amendment Application A 7/11 submitted by Loblaw Properties
Limited, on lands being Part of Lot 23, Concession 1 South, to permit a 1,583
square metre seasonal garden centre in the centre ofi the parking lot from April 1 St
to August 1St of every calendar year, with a minimum 555 parking spaces during
that time, be approved; and
2. Further, that the draft zoning by-law to implement Zoning Amendment Application
A 7/11, as set out in Appendix I to Report PD 01-12, be finalized and forwarded to
City Council for enactment once a consolidated site plan has been submitted to
the satisfaction of staff.
Executive Summary: The proposed zoning by-law amendment is to permit a 1,583
square metre seasonal garden centre in the centre of the Loblaws Superstore parking
lot at 1792 Liverpool Road. The garden centre would be permitted from April 1 St to
August 1St of every calendar year, during which time a minimum of 555 parking spaces
would be required (see Location Map and Applicant's Submitted Plan - Attachments #1
and #2). The current by-law permits a seasonal garden centre with a maximum area of
1,055 square metres in the western portion of the parking lot from April 1St to August
31St of every calendar year and a minimum of 566 parking spaces during that time.
The proposed amendment is appropriate for the site. The relocation of the garden
centre will not negatively impact site function and parking. Changes to pedestrian and
vehicle circulation on the site will be addressed through site plan approval.
13
It is recommended that the zoning amendment be approved, and that the implementing
by-law attached as Appendix I be brought fonivard to Council once an updated site plan
for the entire site has been submitted to the satisfaction of staff.
Report PD 01-12
January 9, 2012
Subject: Loblaw Properties Limited (A 7/11) Page 2
~4
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
Sustainability Implications: Staff's 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 (being the increase in size and relocation of an
existing permitted seasonal garden centre use and the associated parking requirement),
there are limited opportunities to achieve Level 1.
1.0 Background:
Loblaw Properties Limited is proposing a zoning amendment to increase the size
and change the location of the seasonal garden centre associated with the
Loblaws Superstore at 1792 Liverpool Road. The subject property is generally
located behind the southwest corner of Kingston Road and Liverpool Road with an
area of approximately 4.7 hectares. The property is occupied by a 14,964 square
metre commercial complex consisting of a variety of stores, with the major anchor
being Loblaws Superstore. A seasonal garden centre use was first approved by the Committee of Adjustment
in 1995, and since then has been relocated and expanded in size through a
number of zoning amendments and variance approvals.
The proposal is to:
• relocate, the seasonal garden centre to the centre of the parking lot
• increase the size of the garden centre from 1,055 square metres to 1,583
square metres
• reduce the minimum required parking spaces during the operation of the
garden centre from 566 spaces to 555 spaces
• allow the garden centre use from April 1St to August 1St every calendar year
A seasonal garden centre of the proposed size and at the proposed location was
operational during the summer of 2011, through a minor variance approval that
has since expired.
2.0 Comments Received:
2.1 At the September 6, 2011 Public Information Meeting
(see Public Meeting Minutes - Attachment #3)
A resident appeared before the Committee requesting that accessible parking be
provided near the seasonal garden centre when in operation.
Report PD 01-12
Subject: Loblaw Properties Limited (A 7/11)
Page 3
15
2.2 City Department and Agency Comments
Toronto and Region
Conservation Authority
(TRCA)
3.0 Discussion:
. no objection to this application given that
the garden centre location is not within
the area subject to a flood risk (see
Attachment #4)
3.1 Relocation of the garden centre will not negatively impact site function and
parking
The proposed increase in the size of the seasonal garden centre and its relocation
to the centre of the parking lot will not negatively impact on-site function and
parking.
A total of 626 parking spaces are required for the commercial uses on the subject
property when the garden centre is not in use, and a total of 639 parking spaces
are provided on-site, for a surplus of 13 parking spaces. The proposed seasonal
garden centre occupies 84 parking spaces, leaving a parking supply of 555
spaces. A parking study submitted by LEA Consulting Ltd. indicates that the
existing parking supply can support the peak parking cfemand for all uses including
the garden centre. Parking demand surveys undertaken in the spring of 2008,
2009 and 2010 consistently indicate a peak parking demand of approximately 388
spaces for all of the commercial uses on-site, including the Goodlife Fitness
Centre and a seasonal garden centre similar in size to the proposed centre. The
proposed minimum parking requirement of 555 spaces is more than adequate to
meet the 388 space demand.
The parking study also indicates that the proposed location of the garden centre to
a more central area in the parking lot improves pedestrian and vehicular circulation
as the proposed location is further away from building entrances than the previous
garden centre location.
Staff are not aware of any issues regarding parking or on-site circulation arising
from the operation of the garden centre in the proposed location last summer.
3.2 Revisions to the site will be addressed through site plan approval
January 9, 2012
Site development and technical matters related to the proposed garden centre,
such as pedestrian and vehicle circulation and accessible parking spaces, will be
addressed through the site plan approval process.
Report PD 01-12
Subject: Loblaw Properties Limited (A 7/11)
January 9, 2012
Page 4
There are currently eight accessible parking spaces on the site, which meets the
City by-law requirements. In response to a public concern at the Public Meeting in
September 2011, the provision of accessible parking spaces near the entrance of
the seasonal garden centre will be reviewed as part of site plan approval.
Over the years various site plan revisions have been submitted to the City to
accommodate changes on the subject property, including changes to the building,
changes in the location of the garden centre, plans for improvements along
Kingston Road (curbs, landscaping, etc), and a new sidewalk connection from the
site to Liverpool Road. It is recommended that the applicant submit an updated
site plan reflecting all of these changes, to the satisfaction of staff, prior to the
zoning by-law being brought forward to Council for enactment. 3.3 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) increasing the size of the outdoor garden centre use from 1,055 square metres
to 1,583 square metres
b) changing the length of the garden centre operating season from April 1 St to
August 31St of every calendar year, to April 1St to August 1St of every calendar
year
c) providing a minimum of 555 parking spaces during operation of the garden
centre rather than 566 parking spaces
d) relocating the garden centre from the western portion of the parking lot to the
centre of the parking lot
In addition, the draft zoning by-law will reflect the overall parking requirement of
4.24 parking spaces per 93 square metres gross leasable floor area previously
approved by the Committee of Adjustment.
4.0 Applicant's Comments
The applicant is aware of the recommendations of this report.
Report PD 01-12 January 9, 2012
Subject: Loblaw Properties Limited (A 7/11) Page 5
17
Appendix:
Appendix I: Draft Implementing Zoning By-law
Attachments:
1. Location Map
2. Applicant's Submitted Site Plan
3. Minutes from September 6, 2011 Public Information Meeting
4. Agency Comments - Toronto and Region Conservation Authority
Prepared By:
1&.W
ff_~ Mila Yeung
Planner I
JAA (~aUAAL )
Marg Wouters, MCIP, RPP
Manager, Development Review
& Urban Design
MY: jf
Copy: Chief Administrative Officer
Approved/Endorsed By:
~
Neil Carro , RPP
Director, Planning & Development
Recommended for the consideration
of Pickering C)N Coulic,il
/g" . zZ, Zo/1
Tony Prevedel, P.Eng.
Chief Administrative Officer
18
Draft Implementing Zoning By-law
Appendix I to
Report PD 01-12
Amendment Application A 7/11
VM4Fr
The Corporation of the City of Pickering 19
By-law No. XXXX/12
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended by By-law 1680/83, 1727/83, 2006/85, 5235/98 and
7061/10 to implement the Official Plan of the City of Pickering,
Region of Durham, being Part of Lot 23, Concession 1 South, in the
City of Pickering (A 7/11)
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit a seasonal garden centre use of 1,583 square metres located in the centre of the
parking lot from April 1 to August 1 of every calendar year and a minimum of 555
parking spaces is required to be provided from April 1 to August 1 of every calendar
year for Part Lot 23, Concession 1 South, in the City of Pickering.
And whereas as amendment to By-law 3036, as amended by By-law 1680/83, 1727/83,
2006/85, 5235/98 and 7061/10, is therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Area Restricted
The provision of this By-law shall apply to those lands in Part of Lot 23,
Concession 1 South, in the City of Pickering.
2. Schedule I Amendment
Schedule I attached hereto with notations and references shown thereon
is herby declared to be part of this By-law.
2. Schedule I to By-law 5235/95, is hereby amended to relocate the outdoor
storage area associated with a garden centre as shown as crosshatched
on Schedule I attached hereto.
3. Text Amendment
1. Paragraph B of Section 5.(1)(b) vi) Parking Requirements of By-law
1680/83, as amended by By-law 1727/83, 2006/85, 5235/98 and 7061/10,
is hereby repealed and replaced by the following paragraph:
B There shall be provided and maintained a minimum of 4.24 parking
spaces for each 93 square metres or part thereof gross leasable
floor area, which may be provided and maintained on the lot
generating the requirement or on an abutting lot or lots;
By-lav►r No. XXXX/12 DRAFr Page 2
20
2. Paragraph F of Section 5.(1)(b) vii), Special Restrictions (`C7' Zone) of
By-law 1680/83, as amended by By-law 1727/83, 2006/85, 5235/98 and
7061/10, is hereby repealed and replaced by the following subparagraph:
(I) Despite any provision of By-law 3036, as amended by
By-Iaws1680/83, 1727/83, 2006/85, 5235/98 and 7061/10, a portion
of the parking area as generally identified by the crosshatched area
within Area 5 on Schedule I of By-law 5235/98 as amended, may be
used for 1,583 square metres of outdoor storage associated with a
garden centre use from April 1 to August 1 of every calendar year.
(II) Despite the parking requirement of Section 5.(1)(b) vi) of amending
by By-law 1727/83, as amended by By-law 2006/85, 5235/98 and
7061/10 to By-law 3036, a minimum of 555 parking spaces are
required to be provided from April 1 to August 1 of every calendar
year, while the outdoor storage associated with a garden centre use
exists within the parking area as generally identified by the
crosshatched area within Area 5 on Schedule I of By-law 5235/98
as amended.
3. Paragraph G of Section 5.(1)(b) vii), Special Restrictions ('C7' Zone) of
By-law 1680/83, as amended by By-law 1727/83, 2006/85, 5235/98 and
7061/10, is hereby repealed and deleted.
3. By-law 3036
By-law 3036, as amended by By-law 1727/83, 2006/85, 5235/98 and 7061/10 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.
By-law No. XXXX/12
o.
YA A
Page 3
7(
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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
, 2012.
day of
David Ryan, Mayor
Debbie Shields,'Vy Clerk
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(PREVIOUSLYSCHEDULEII TO BY-LAW 1680183)
BEING AN AMENDMENT TO SCHEDULE A'
TO BY-LAW 1727183 (AS AMENDED BY BY-LAW 2006/85 & 4998197)
SCHEDULEITO BY-LAW 5235f98
AMENDED BY BY-LAW
PASSED THIS
DAY OF 2012
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City of Pickering
PROPERTY DESCRIPTION South Part of Lot 23, Concession 1
OWNER Loblaw Properties Ltd.
FILE No. A 07/11
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2005 MPAC and ita suppliero. All riphtn Reeerved. Not a plan o/ Survey.
BAYLY STREET
Planning & Development Department
DATE JUIy 26, 2011 DRAWN BY JB 07\
SCALE 1:5,000 CHECKED BY RP N
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ATTAQ;FIMEM#-~2-TO
2 4 REPORT# PD
Information Compiled from Applicant's
Submitted Plan
A 07/11
Loblaw Properties Limited
~O Proposed location of
O ~ 1,583 square metre
seasonal garden centre
(from April 1 to August 1)
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This map was produced by the Cily ot Pickering Planning & Development Departmenl,
Planning Infortnation Services Mapping and Design, Dec 13, 2011.
ATFA641MENT# ;S - TO
REPOR7'# PD 6 / - / a
Excerpts from
F'lanning & Development
Committee Meeting Minutes
T'uesday; September 6, 2011
7:30 pm Council Chambers
Chair: Councillor Ashe
(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 ouflined
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, thaf 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.
3. Zoning By-law Amendment A 7/11
Loblaw Properties Limited
1792 Liverpool Road
(Part of Lot 23, Concession 1 South), 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, provided an overview of zoning by-law amendment
application A 7/11.
Heather Garrett the representative for the applicant appeared before the
Committee in support of the application and to answer any questions.
Keith Falconer, 710 Lublin Ave, appeared before the Committee and asked if
Loblaws could create a couple of disabled parking spots near the garden centre
when it was open.
25
1
26
"TORONTO AND REGION
~.~r~ on~ervahon
for The Living City
August 17, 2011
A1TACHMENT# '/-TO
REPORT# PD Q
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VIA MAIL AND EMAIL (myeung(@cityofpickerinq.com)
Mila Yeung
Planning and Development Department
City of Pickering
1 The Esplanade
Pickering ON L1 V 6K7
Dear Ms. Yeung:
Re: Zoning By-law Amendment Application A 7/11
Part Lot 23, Concession 1 South
on Lands Municipally Known as 1972 Liverpool Road
(Loblaw Properites Limited)
Staff at the Toronto and Region Conservation Authority (TRCA) have now had an opportunity to
review the application captioned above. We understand that the purpose of the application is
to amend Zoning By71aw 3036, as amended, in order to permit a seasonal garden centre as a
permitted use. We further understand that the garden centre is generally located in the centre
of the parking lot. Lands Susceptible fo Flooding and are Wifhin a TRCA Regulated Llrea
The subject lands are located immediately east of the channel of the Fine Creek, which is a
tributary of Frenchmans Bay. Due to the closeness of the (ands to Pine Creek, the western
portion of the lands are located within the Regional Storm Flood Plain and are susceptible to
flooding in the event of a Regional Storm. Any changes to the existing building, or erection of a
new structure or changing grades in this area would require permission from the TRCA
pursuant to Ontario Regulation 166/06.
Recommendation
Based upon our understanding of the application, the garden centre location is not within the
area subject to :i flood risk. Given this, we have no objection to the application.
Please contact me if you have any questions or concerns with respect to this letter.
Yours truly,
Chris Jon ;,MCIP, RPP
Senior Planner, Planning and Development, Extension 5718
cc: Steve Heuchert, TRCA (via email only: sheuchert@trca.on.ca)
F:\Home\Public\Development Services\Durham Region\Pickering\1972 Liverpool ZBA_1.wpd
Member of Conservation Ontario
. : . o,.o.s
5 Shoreham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca
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