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HomeMy WebLinkAboutPD 04-12 30 City o~ Report To _ J I - Planning & Development Committee PICKERI G Report Number: PD 04-12 Date: February 6, 2012 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment - A 18/08 2075729 Ontario Ltd. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots 1, 2 & 43, Plan 316) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 18/08 be approved to permit mixed use residential and commercial development on lands being Part Lot 20, Concession 1 and Lots 1, 2 & 43, Plan 316; and 2. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 18/08, as set out in Appendix I to Report PD 04-12, be finalized and forwarded to City Council for enactment, once a licence agreement with Hydro One respecting existing parking and access, has been submitted to the satisfaction of the City. Executive Summary: The applicant requests an amendment to the zoning by-law to permit an eight storey apartment building and multi-storey retail and office building at 1640 Kingston Road (see Location Map - Attachment #1 and Applicant's Submitted Plan - Attachment #2). The 1.8 hectare site is located at the northwest corner of Kingston Road and Guild Road (Village East Neighbourhood). The proposal is consistent with the policies of the Official Plan and the Kingston Road Corridor Urban Design Development Guidelines. The introduction of an apartment building and retail and office uses will increase activity along Kingston Road, creating a more pedestrian-oriented `mainstreet' streetscape and supporting the planned bus rapid transit system. The recommended draft zoning by-law addresses minimum and maximum permitted building heights and building footprint restrictions, which take into account the need for appropriate physical transition to neighouring properties while improving the Kingston Road streetscape. Existing uses are also recognized. The draft by-law also includes an "(H)" Holding provision which ensures a number of technical and site plan matters are resolved prior to release of any building permits. The application is recommended for'approval. Staff recommend that the implementing by-law be brought forward to Council for enactment, once a fully executed short term licence agreement with Hydro One is provided to accommodate parking and access for the existing uses. Report PD 04-12 February 6,'2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 2 Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. 1.0 Background: 1.1 Property Description The subject lands are located at the northwest corner of Kingston Road and Guild Road and are approximately 1.8 hectares in area (see Location Map - Attachment #1). The lands currently support the T-Phat grocery store, and the D.O.T. Patio furniture store. The westerly and northerly portions of the property are subject to a Hydro One easement accommodating overhead high voltage transmission lines. Surrounding uses include detached dwellings on Guild Road and a Hydro Corridor to the north; detached and semi-detached dwellings to the south across Kingston Road; Hydro Corridor and townhouse development to the west; and detached dwellings and an automotive maintenance facility across Guild Road to the east. 1.2 Applicant's Proposal The applicant is proposing to amend the zoning by-law to permit an eight storey, 110 unit apartment building and a new 6,548 square metre multi-storey retail and office building (see Applicant's Submitted Plan - Attachment #2 and Elevation Plan - Attachment #3). The building currently housing the T-Phat grocery store is proposed to be retained as a one storey retail building. The south section of the existing building (current location of D.O.T. Patio) is proposed to be demolished and replaced with a five storey building having retail at grade and four storeys of medical and professional office space above. The apartment building is proposed to be located in close proximity to the Kingston Road and Guild Road frontages. A driveway access from Kingston Road is proposed to be relocated eastward to the property line, and the existing service driveway on Guild Road is proposed to be relocated further north, approximately 80 metres from the intersection. A portion of the required parking is proposed to be located on Hydro One lands immediately west of the subject property. 2.0 Comments Received: 2.1 At the April 11, 2011 Public Information Meeting and in written submissions A number of residents, mainly from Guild Road, offered verbal comments at the Public Meeting and/or written comments through individual letters and a petition (see Attachments #4 & 5). The following summarize the concerns raised: Report PD 04-12 February 6, 2012 32 Subject: 2075729 Ontario Inc. (A 18/08) Page 3 • impact of the proposed expansion of the parking area northward, adjacent to residential lots fronting onto Guild Road, particularly with respect to noise and emissions from this parking area • impact of the main entrance being on Guild Road, with respect to the volume of traffic (residents, customers, deliveries) coming in and out of the entrance; the impact of the proximity of the new driveway to adjacent residential lots in terms of privacy and noise and headlight impacts • additional resulting traffic on Denmar Road, Guild Road and Kingston Road • the types of retail businesses being permitted (concern with bars) and the tenure of the apartment building • potential for over-shadowing and overlook into rear yards on Jaywin Circle on the south side of Kingston Road • questioning the results of the noise study that indicated noise would be minimal with appropriate mitigation measures in place; and questions about the hours of construction activity • concerns with the existing food store, including garbage blowing from the property onto adjacent properties, and the removal of street trees; as well as general concerns with the building remaining • potential negative impact on property values 2.3 City Department and Agency Comments Region of Durham • the proposed amendment is consistent with the Planning Department Region's policies to develop higher density mixed use developments along arterial roads • the proposed development must preserve the remaining Key Natural Heritage Feature located along the site's east property line adjacent to residential lots fronting Guild Road • a Record of Site Condition related to soil remediation and concrete floor restoration works must be filed with the Ministry of the Environment • warning clauses/mitigation measures identified in the Noise Control Study will be required and should be included in the development agreement with the City • municipal water supply, and sanitary sewer service is available to the subject property • rather than relocating the Kingston Road entrance, the existing entrance should be utilized and modified to allow only right-in/right-out movements (see Attachment #6) Report PD 04-12 February,6,,2012 33 Subject: 2075729 Ontario Inc. (A 18/08) Page 4 Engineering Services • the site plan will require modification. Access to Division the proposed loading area is unclear and will not function as shown; the curb radius east of the underground parking ramp is too tight • on-site stormwater storage will likely be able to control the 2-100 year post-development stormwater flows down to the 2 year pre-development flow as required • additional comments were provided to be addressed at the detailed design stage (see Attachment #7) Development Control • the Traffic Impact Study may need to be revised if the Kingston Road access is restricted • Guild Road may require improvement pending access restrictions on Kingston Road • the Phase I & II Environmental Site Assessment is to be revised to include additional information prior to site plan approval • the Preliminary Stormwater Management Report must be revised to include further detail, and must confirm that the storm sewer on Guild Road can handle the flows from this site prior to site plan approval • the Functional Servicing Plan must include storm sewer information for the site and address stormwater comments from Engineering Services (see Attachment #8) No other agency that provided comments has any objection to the subject applications. 3.0 Discussion: 3.1 The proposed uses and built-form are supportable and comply with. the Official Plan and Kingston Road Corridor Urban Design and Development Guidelines The City of Pickering Official Plan designates the subject property "Mixed Use Areas - Mixed Corridors" (Village East Neighbourhood) and provides for residential densities of over 30 units per hectare and up to and including 140 units per hectare. The Official Plan allows a floor space index (total gross floor area divided by the lot area) of up to and including 2.5. The Mixed Corridor designation is intended primarily for residential, retail, community, cultural and recreational uses at a scale serving the community. I port PD 04-12 February 6, 2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 5 The proposed retail, restaurant, office commercial and high density residential uses are consistent with the designation. The residential density of the proposed development is approximately 61 units per hectare and the floor space index for the entire proposed development is 1.5. Although the work being undertaken to identify the potential for intensification along the Kingston Road Corridor, as part of the Growth Strategy Program, has not been completed, the intensity of development proposed is appropriate for this site. The Kingston Road Corridor Urban Design and Development Guidelines, adopted by Council in 1997, establish a general design framework that supports the long term vision for the Kingston Road Corridor as a "mainstreet". Low to mid-rise buildings are promoted for the north side of Kingston Road and a minimum height of two storeys for both sides of Kingston Road is established. The siting of the proposed eight storey apartment building and multi-storey retail and office building in close proximity to Kingston Road will create a pedestrian- oriented street edge in accordance with the Development Guidelines, and will also support the future bus rapid transit system along Kingston Road. Building envelope and build-to zone provisions in the recommended zoning by-law ensure the siting of the buildings in accordance with the Guidelines. In addition, a minimum height of four storeys is being required within 25 metres of Kingston Road to achieve an appropriate pedestrian-oriented streetscape. 3.2 The proposed development is considered compatible with the existing neighbourhood The proposed zoning by-law provides for an appropriate transition between the higher intensity development proposed on the site and adjacent residential neighbourhoods. The residential lands to the north, east and south of the subject lands are designated Urban Residential-Medium Density Area, reflecting the potential for future redevelopment of the lands at a higher intensity than the existing detached dwellings. The siting of the proposed buildings in close proximity to Kingston Road and Guild Road minimizes the impact on the adjacent residential lots, by maximizing distance between the development and existing uses to the north and east. The proposed zoning by-law identifies a building envelope that provides for a 27 metre building setback from the closest northerly residential lot and a separation distance of 23 metres from the nearest residential property to the east across Guild Road. Within the 27 metre setback, a 9.8 metre setback is provided from a residential property line to any drive aisles. The proposed zoning by-law provides for a maximum height of five storeys over most of the building envelope, which increases to seven and eight storeys at the Kingston Road/Guild Road intersection. Report PD 04-12 February 6,2012 75 Subject: 2075729 Ontario Inc. (A 18/08) Page 6 The minimum distance to a seven storey building from the north property line is approximately 30 metres and 23 metres from the nearest residential property line to the east across Guild Road. An eight storey building would be a minimum of approximately 48 metres from the rear property lines of residential lots south of Kingston Road. The shadowing impacts of an eight storey building at the intersection are considered to be minimal on neighbouring properties, including the lots on the south side of Kingston Road (see Attachment #9, Sun Shadow Study Excerpts). In the spring, fall and winter months, as the proposed development shadow shifts eastward through the day, shadows would fall across some residential properties to the north and on the east side of Guild Road for limited time periods through the afternoon and evening. Very little summer shadowing relative to the neighbouring residential properties would be caused by the proposed buildings. The Jaywin Circle rear yards adjacent to Kingston Road would receive shadowing in early summer during short periods in the early morning and late evening. Staff support the use of the northerly area of the subject lands for parking subject to adequate buffering from neighbouring uses. The proposed zoning by-law provides for a minimum landscape buffer strip of 4.5 metres adjacent to the rear property lines of lots along the west side of Guild Road providing a spatial separation of the rear yards and drive aisles/parking spaces, and the potential for preservation of the existing hedgerow or new plantings which will function as additional screening. The appropriate location of driveways, loading areas etc., which may have an impact on neighbouring properties, will be dealt with as part of the site plan approval process. The location of the driveway on Guild Road should be located to minimize headlight impacts on properties on the east side of Guild Road, while meeting the Region's requirements of minimum distances from the Kingston Road intersection. 3.3 Traffic impacts resulting from the proposed development have been considered The Traffic Impact Study notes the proposed development is expected to contribute only minimal additional delays to this area of Kingston Road. The report includes a recommendation that the Region consider signalization at the Guild Road/Kingston Road intersection. Should the intersection be identified for signalization, part of the associated costs may be included in a development agreement between the City and the Owner. In order to achieve the recommended separation distance of the Kingston Road right turn lane into the site from the intersection, the Region has requested that the existing driveway location on Kingston Road be maintained. They have also requested that the driveway be modified to accommodate only right-in and right- out movements. The existing driveway is located on Hydro One lands. Re port PD 04-12 February 6, 2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 7 Hydro One's approval is needed to accommodate these requirements, and will be sought during site plan approval. 3.4 Parking provisions reflect a blended rate for multi-use buildings The proposed development shown on the concept plan consists of: • a 110-unit apartment building; • approximately 10,300 square metres of commercial floor area, consisting of the 3,758 square metres T-Phat grocery store, and the proposed new 6,548 square metres building having retail at grade and four storeys of professional office space above. Approximately 464 parking spaces are shown as being provided on-site, with 246 of the spaces being provided as surface parking and 218 spaces provided in an underground structure beneath the apartment building. Most of the on-site surface parking spaces are proposed to be provided on the northerly portion of the site within the Hydro One easement. Hydro One has indicated that this surface parking would be permitted within the easement. An additional 196 surface spaces are proposed to be provided on the abutting lands to the west, owned by Hydro One. The City's parking requirement for apartments (1.25 spaces per apartment unit plus 0.25 spaces per unit for visitor parking) can be achieved. The proposed underground parking structure has sufficient spaces for the required residential parking as well as surplus spaces that could be used for non-residential uses. The majority of the required visitor parking for the apartment building should be provided as surface parking in close proximity to the building. Deducting the required number of surface spaces for residential visitor parking and including the surplus underground parking spaces; the number of available spaces would provide parking for the non-residential uses at a rate of approximately 2.9 spaces per 100 square metres within the subject lands. A blended rate of 4.0 spaces per 100 GLFA has been approved for mixed retail/office development along Brock Road in Duffins Precinct and is considered appropriate for the non-residential uses on this property which is also adjacent to a major transit spine. Provision of the additional 196 spaces on the abutting Hydro One lands would result in parking being provided at a rate of 4.8 spaces per 100 square metres for non-residential uses. The recommended draft zoning by-law contains provisions that would allow required parking to be located off-site, within a defined area of the abutting Hydro One lands to the west. An easement or satisfactory long term lease agreement with Hydro One would be required in order for these spaces to be considered as required parking under the zoning by-law.. To date, the applicant has indicated confirmation of a five-year lease arrangement beginning in 2012, which would be sufficient for the continued use of the existing food store and furniture store uses, but not sufficient for redevelopment of the site. Report PD 04-12 February 6, 2012 37 Subject: 2075729 Ontario Inc. (A 18/08) Page 8 In the absence of a long term lease for parking on the Hydro One lands, parking requirements would have to be met on-site, through additional underground or surface parking. Although the concept as shown relies on provision of parking off-site, which is not yet secured, staff support the zoning of the lands in accordance with the vision for this portion of the Kingston Road corridor, as a means of moving closer towards implementation of the City's vision for Kingston Road. 3.5 Existing building and uses are recognized in the proposed zoning by-law The applicant has requested that the existing uses and existing building be recognized in the zoning by-law. The existing D.O.T Patio use is not currently permitted in the by-law and there is no site plan agreement registered on title for the building. Although the existing building may restrict the development potential of the site, the proposed performance standards in the proposed zoning by-law (e.g., the minimum requirement of four storeys along Kingston Road) will ensure that an appropriate development is achieved on the site consistent with the vision for Kingston Road. Site plan approval is not being sought to recognize the existing development, and staff do not support the creation of additional parking areas to accommodate existing uses. Rather, staff encourage submission of a site plan application that reflects the proposed development. Staff will continue to work with the applicant to address the property standards issues that have been raised by the public. 3.6 Site details to be addressed through site plan approval A site plan application for the proposal has not yet been submitted. The concept plan and elevations are likely to change to accommodate the comments included in this report. All site development matters concerning the City will be more thoroughly addressed through the site plan review process. This review will address items such as, but not limited to building massing, fagade treatments/improvements, noise mitigation, outdoor lighting and light intrusion, accessibility, parking location, site access, truck turning movements, stormwater management and hydrogeology, servicing and landscaping including identification of specific trees to be retained and the number and spacing of trees to be planted. The Key Natural Heritage Feature identified by the Region of Durham appears to be a hedgerow along the northeasterly property line comprised partially of residential landscape specimens and partially of self-seeded vegetation. Although staff do not consider this vegetative grouping to be of sufficient significance to protect it through an Open Space zone in the zoning by-law, the 4.5 metre landscape buffer provided for in the by-law will provide opportunity for either preservation and/or additional plantings. A tree inventory and preservation plan will be required to be submitted as part of the site plan application. Re3p~ort PD 04-12 February 6, 2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 9 The Regional Works Department has commented that the site access from Kingston Road be retained in its existing location to allow for sufficient vehicle stacking distance and separation from the Guild Road intersection. The existing access to the site is located entirely on Hydro One lands. The location of the entrance from Kingston Road will be confirmed through the site plan approval process. The Noise Study identified rooftop mechanical/HVAC equipment and truck related sources as the stationary sounds generated by the proposed development. The study concluded that, as long as noise control measures recommended in the study are implemented, the stationary sound associated with the development will not impact any noise-sensitive land uses in the vicinity of the site. The Region has reviewed the Noise Control Study and has found it to be generally acceptable. The applicant will be required through site plan approval, to implement the warning clauses and mitigation measures identified in the report. Cash-in-lieu of parkland dedication for the residential-portion of the development will be required and secured through the site plan agreement. 3.7 Sustainability implications have been reviewed Staffs review of the application against the City of Pickering Draft Sustainable Development Guidelines resulted in a score that achieved the minimum Level 1 requirements for Guideline #2 (Plan of Subdivision, Site Plan, Rezoning and Building Permit Guidelines). It is an infill project that provides the opportunity to redevelop lands in a form that represents an appropriate intensification of the site and takes advantage of existing infrastructure within the City's urban area. Specific sustainability features include: • provision of mixed use - commercial/housing uses to provide diversity • infill project adjacent to a Regional Transportation Spine • intensification/utilization of an under-developed property within the existing municipal built boundary • reduction of reliance on the automobile • enhanced pedestrian environment In addition, there will be an opportunity to improve this rating as additional sustainability measures become available through site plan review and detailed building design. 3.8 A Site Specific Amendment to Zoning By-law 3036 should be enacted Staff supports the rezoning application and recommends that-the site-specific implementing by-law attached as Appendix I to Report PD 04-12 be approved. Report PD 04-12 February 6; 2012 39 Subject: 2075729 Ontario Inc. (A 18/08) Page 10 The By-law provides for: • a variety of high density residential and commercial uses including:. • apartments, long term care facilities and retirement homes • business and professional offices • retail, personal service and restaurant uses • a minimum building height of four storeys along Kingston Road • a maximum building height of five storeys, with seven to'eight storeys permitted at the Kingston Road/Guild Road intersection; • building envelope and build-to provisions directing building siting in, close proximity to Kingston Road; • maximum gross leasable floor area for all non-residential uses of approximately 10,000 square metres; a maximum of 110 units apartment units, and an overall maximum floor space index of 2.5 for all buildings; • parking requirements of 4.0 spaces per 100 square metres gross leasable floor area for non-residential uses, and appropriate parking requirements for retirement homes and long-term care facilities; and • recognition of existing uses in the existing building. An "(H)" Holding symbol is proposed in order to ensure the following requirements are addressed: • updates to the Phase I & II Environmental Site Assessment • a development/site plan agreement requiring, among other things, payment of any off-site costs required to accommodate the proposed development, and acceptable arrangements with Hydro One to permit long term parking and access on Hydro One lands, if required It is recommended that the by-law not be brought forward for enactment until a satisfactory licence agreement with Hydro One is provided, to guarantee parking and access for the existing uses. 4.0 Applicant's Comments: The applicant is aware of the recommendations of this report. R4enort PD 04-12 February 6, 2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 11 Appendix: Appendix I: Draft Zoning By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Building Elevations for Kingston Road and Guild Road 4. Minutes from April 11, 2011 Statutory Public Meeting 5. Resident Comments and Petition 6. Comments from Region of Durham Planning Department 7. Comments from City Departments - Engineering Services 8. Comments from City Departments - Development Control 9. Sun Shadow Study Excerpts Prepared By: Approved/Endorsed By: Isa Jam s, CIP, RPP Neil Carroll, , ^ PP Planner Director, Pla & Development 14A (J Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design IJ:jf Recommended for the consideration of Pickering Ci Council ~ - zs, zo~Z Tony Prevedel, P.Eng. Chief Administrative Officer Appendix I To Report PD 04-12 Draft Zoning By-law Amendment Application A 18/08 I 4 .2 DRAFT The Corporation of the City of Pickering By-law No. xxxx/12 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 3692/69 and 3920/70, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 20, Concession 1 and Lots 1, 2 & 43, Plan 318, in the City of Pickering. (A 18/08) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a mixed use development for apartment buildings, commercial uses, retirement home and a long term care facility on the subject lands, being Part of Lot 20, Concession 1 and Lots 1, 2 & 43, Plan 318, in the City of Pickering; And whereas an amendment to By-law 3036, as amended by By-laws 3692/69 and 3920/70, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules "I", "II" and "III" Schedules "1", "II and "III" attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall only apply to those lands in Part of Lot 20, Concession 1 and Lots 1, 2 & 43, Plan 318, City of Pickering, designated "RH/MU-8" on Schedule "I" attached hereto. 3. Definitions In this By-law, (1) "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (2) "Body Rub Parlour" includes any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; By-law No. zxxx/12Page 2 ° WWW MW 43 (3) "Build-to-zone" shall mean an area of land in which all or part of a building elevation of one or more buildings is to be located; (4) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store;. (5) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour; (6) "Commercial Music School" shall mean a school which is operated for gain or profit and contains the studio of a music teacher; (7) "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher, or an art school, a golf school or any other such school operated for gain or profit, but shall not include any other school defined herein; (8) "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessities are kept for retail sale primarily to residents of, or persons employed in, the immediate neighbourhood; (9) "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of The Day Nurseries Act, or any successor thereto, and for the use as a facility for the daytime care of children; (10) "Drug Store" shall mean a building or part of a building in which pharmaceutical prescriptions are compounded and dispensed to the public, and where medicine, medical supplies and associated merchandise, confectionary items, cosmetics, toiletries, periodicals, or similar items of day-to-day household necessity are stored, displayed and offered for retail sale; (11) "Dry Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; (12) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; By-law No. xxxx/12 ~r Page 3 44 (13) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (14) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (15) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (16) "Food Store" shall mean a building or part of a building in which food, produce, and other items or merchandise of day-to-day household necessity are stored, offered or kept for retail sale to the public; (17) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; (18) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (19) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (20) "Long Term Care Facility" shall mean a building or part of a building which is licensed or approved to provide health care under medical supervision in which rooms or lodging are provided in conjunction with the provision of meals, personal care, nursing services and medical care and treatment, but does not include a hospital; (21) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (22) "Multiple Dwelling-Vertical" shall mean a building containing three or more dwelling units attached horizontally and vertically by an above-grade wall or walls, or an above-grade floor or floors, or both; (23) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in the Municipal Act, R. S. 0. 1980, Chapter 302, as amended from time-to-time, or any successor thereto; I By-law No. xxxx/12 DRAFT Page 4 45 (24) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (25) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time-to-time, or any successor thereto; (26) "Restaurant - Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both, but shall not include an adult entertainment parlour as defined herein; (27) Retail Store shall mean a building or part of a building in which goods; wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (28) "Retirement Home" shall mean a building or part of a building providing accommodation primarily for retired persons where each private bedroom or living unit does not include a stove top and oven, does have a separate entrance from a common hall, and where common facilities and services may be provided for the residents including personal services, the preparation and consumption of food, nursing services, common lounges, recreation rooms and ancillary support offices;. (29) "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; (30) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon. 4. Provisions ("RH/MU-8" Zone) (1) Uses Permitted ("RH/MU-8" Zone) (a) No person shall within the lands designated "RH/MU-8" on Schedule "I" attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: By-law No. xxxx/12,dWr Page 5 46 (i) business office; (ii) convenience store; (iii) commercial club; (iv) commercial music school; (v) commercial school; (vi) day nursery; (vii) drug store; (viii) dry cleaning depot; (ix) financial institution; (x) food store; (xi) laundromat; (xii) long term care facility; (xiii) multiple dwelling-vertical; (xiv) personal service shop; (xv) professional office; (xvi) restaurant - type A; (xvii) retail store; (xviii) retirement home; (2) Zone Requirements ("RH/MU-8" Zone) No person shall within the lands designated "RH/MU-8" on Schedule "I" attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (a) Building Location and Setbacks: (i) Excepting the buildings and structures existing on the subject lands prior to the date of the passing of this by-law, buildings and structures shall be located entirely within the building envelope shown on Schedule "II" attached hereto; (ii) No building, part of a building, or structure shall be erected unless a minimum of 75 percent of the length of the build-to-zone, as illustrated on Schedule "II" attached hereto contains a building or part of a building; (iii) Notwithstanding Section 4(2)(a)(i) above, below grade parking structures shall be permitted beyond the limits of the building envelope identified on Schedule "II" attached hereto, but no closer than 0.5 metres from the limits of the lands; (b) Building Heights: In accordance with Schedule "III": (c) Floor Space Areas: By-law No. xxxx/12 Page 6 MW AV up-Mv 9 47 (i) A maximum of one food store shall be permitted; (ii) The maximum gross leasable floor area for a food store shall be 3,758 square metres; (iii) The aggregate of the gross leasable floor area of medical professional offices shall not exceed 50 percent of the maximum permitted gross leasable floor area for non-residential uses; and (iv) The maximum gross leasable floor area for all non-residential uses shall be 10,000 square metres; (v) The maximum aggregate gross leasable floor area for all restaurant - type A uses shall be 500 square metres; (vi) The maximum number of apartment units is 110 (vii) The maximum floor space index of all buildings is 2.5 (d) Parking Requirements: (i) There shall be provided and maintained a minimum of 4.0 parking spaces per 100 square metres of gross leasable floor area for all permitted uses listed in Section 4(1) of this By-law, except for multiple dwelling-vertical, retirement home and long term care facilities. Non-resident parking shall be provided at grade, in. an above grade structure, or in a below grade structure, or any combination thereof; (ii) For multiple dwelling-vertical uses, there shall be provided and maintained a minimum of 1.25 parking spaces per dwelling unit for residents, and 0.25 of a parking space per dwelling unit for visitors. Parking spaces for residents shall be provided in a below grade structure, at grade or both. Visitor parking shall be provided at grade; (iii) For retirement homes there shall be provided and maintained a minimum of 0.3 parking spaces per living unit for residents, and 0.05 parking spaces per living unit for visitors for retirement home uses; (iv) For long term care facilities there shall be provided and maintained a minimum of 1.0 parking spaces per 3 resident bed for long term care facility use; (v) All entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; By-law No. xxxx/12 MMFr, Page 7 4 (vi) At grade parking lots shall be permitted no closer than 4.5 metres from any residential zone, 3.0 metres from any commercial zone and road right-of-way, and 1.5 metres from any open space or agricultural zone; (vii) At grade parking lot aisles shall be located no closer than 9.8 metres from any property line abutting a residential zone; (viii) Clauses 5.21.2(a), 5.21.2(b), 5.21.2(e), 5.21.2(f), 5.21.2(g), and 5.21.2(k) of By-law 3036, as amended, shall not apply to lands designated "RH/MU-8", on Schedule "I" attached hereto. (e) Special Regulations (i) No drive-through facilities are permitted on lands designated "RH/MU-8"; (ii) Despite Section 4(2)(a)(i) of this By-law, outdoor patios associated with a restaurant - type A are permitted to encroach beyond the building envelope as illustrated on Schedule "II" of this By-law, except in locations abutting residential zones; (iii) Despite Section 4(2)(a)(i) of this By-law, covered walkways with, supporting structures, are permitted to encroach beyond the building envelope as illustrated on Schedule "Il" of this By-law, except in locations abutting residential zones; (iv) Despite Section 4(2)(d)(i) required parking spaces for non- residential uses may be provided on abutting Hydro One lands to the west, to a maximum 'a distance of 120 metres from Kingston Road, subject to a long-term parking agreement or easement with Hydro One, acceptable to the City; (v) Despite Section 4(2)(f)(iii) outdoor patios associated with a restaurant - type A is not considered to be gross leasable floor area; (vi) For the purpose of this by-law, long term care facilities and retirement homes are considered residential uses; 5. Provisions ("(H) RH/MU-8" Zone) (1) Uses Permitted ("(H) RH/MU-8" Zone) Until such time as the "(H)" Holding Provision is lifted, the lands shall not be used for any purpose other than the existing food store and retail store uses within the building existing at the date of the passing of this by-law, and subject to the required parking rates in this by-law. (2) Removal of the "(H)" Holding Symbol d By-law No. xxxx/12 Page 8 ~/f~ SaF:.. 1 The "(H)" Holding Symbol shall not be removed from the "RH/MU-8" zone until the completion of the following: (a) Acceptance by the City of a long-term parking agreement between the Owner and Hydro One for the provision of parking on abutting Hydro One lands, or the accommodation of all required parking in accordance with this by-law on the subject lands; (b) Acceptance by the City of a long-term access agreement between the Owner and Hydro One for the provision of access on abutting Hydro One lands, or the accommodation of all required access locations on the subject lands; (c) Execution of a Development Agreement with the City including provisions that all the requirements for the development of the lands have been complied with, including but not limited to, environmental and engineering requirements, site access, off-site works, vehicle parking, lighting, landscaping, stormwater management, phasing of construction, easements and all financial matters; and (d) Appropriate arrangements have been made to the satisfaction of the Region of Durham for the provision of environmental and engineering requirements. 6. Repeal of By-law Upon this By-law coming into force and effect, the By-laws 3692/69 and 3920/70 are hereby repealed. BY-law No. xxxx/12 DM4Fr Page 9 50 7. By-law 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area .set out in Schedule "I" attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 8. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law read a first, second and third time and finally passed this day of , 2012. David R ayor Debbie Shields, City Clerk i 51 / X 13 10 / of / X / 10 / 10 -(H)RH/MU-7 3 PART OF LOT i k 2, PUN 310 O AND PART OF LOT 20 CON. 1 F ~ P O /13 N SCHEDULE I TO BY-,L~A' PASSED THIS w DAY O F 2012 MAYOR CLERK 52 100 X 0 10 ~03 Q 3.0m 6.Om O l` •01 O ) .o O J 3 O `off ® BUILD-TO-ZONE BUILDING ENVELOPE N SCHEDULE D TO BY-LAW PASSED THIS DAY OF MAYOR CLERK -130 ~ X 7 0 r 'S'p~o r a , # r t ; r F rrr# r+rr~~O O 4s~# t ~O 380 F OHO P ~ ?s3 ADO hF ® 14 metre (4 storey) minimum Q 17 metre (5 storey) maximum k 23 metre (7 storey) maximum ® 26 metre (8 Storey) maximum At SCHEDULE D9 TO BY-LAW 1 PASSED THIS DAY OF A MAYOR CLERK ATTACHMENT#~~TO r REPORT# PD a / a 54 0 w 0 0 J FINCH AVENUE 0 o O d S BJECT OPERTY 0 o } ~ O o~ ULEVARD ~~NGS~ a w Q O } w J ~~N ~P C~RC~ E ~PARKR z °P~ O g O ~ ~\~G U 00 m DIANA, URGE MORE PEON LWl TOT LOT SOOPRE GETA 0 Q PRINCESS OF O CIRCLE a O Y a a PICKERING = DREYBER COURT City of Pickering Planning & Development Department PROPERTY DESCRIPTION Plan 316, Lot 1 & 2 & 43, Part Lot 20, Conc. 1 OWNER 2075729 Ontario Inc. DATE Mar. 2, 2011 DRAWN BY- JB FILE No. A 18/08 SCALE 1:5,000 CHECKED BY IJ N ources: Teranet Enterprise. Ino. d Its eupplien. All rights Reeerved. Not a plan of survey. PN-10 2005 MPAC and Ite s Iles. All rl hfe Reeerved. Nof o Ian of Surve . ATTACHMEIOIT# TO REPORT# PD D ~ ~/oZ JJ INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 18/08 . 2075729 Ontario Inc. 1 / `0l \ e / - s //j/%%%,~~%//// /J EXISTING ® SINGLE STOREYCOMMERCIAL 1D a macwa~ a vvme wu murni / I:~ ~ 8 1 RETAIL BUILDING i r NEW • % RESIDENTIAL - / GROUND FLOOR CONDOMINIUM d^ NEW COMMERCIAL RETAIL j j UPPER LEVELS (4 (4 STO STOREYS): j NEW OFFICES - / • KINGSTON ROAD N 7HIS ANP WAS PRODUCED BY 7H£ CRY OF PICKERINC, PLANNING t OEYELOPMENr OEPARWN7, IN772R"4770N & SUPPORT S£RNCES MARCH 2, 2011. 5 6 ATTACHMENT# 3 TO REPORT# PD A 18/08 Elevations r ru MEW aw,i~r+ rf i i-F 7H " 5 all, - ice' ii i , ~ ~ ~ . ~ loww- y r i x r Guild Road Elevation 'X~ vow 117 ' Ei" T acc. ==mxavr MIXED f)FVFI OPtf.=NT Kingston Road Elevation ATTACIiMENT#_.'/___-TO REPORT#PD Excerpts from c~ Joint Planning & Development and 57 Executive Committee Meeting Minutes Monday, April 11, 2011 7:30 pm - Council Chambers Chair: Councillor Rodrigues (III) Part `B' -Information Reports Marg Wouters, Manager, Development Review & Urban Design gave an outline of the requirements for a Statutory Meeting under the Planning Act. She outlined the. notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the by-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. 1. Zoning By-law Amendment-. A 18/08 2075729 Ontario Inc. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots .1 2 & 43, Plan 316), City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Isa James, Planner Il.gave an overview of zoning amendment application A 18/08. She provided a summary of correspondence which was received after the creation of the information report. Lorelei Jones of Macaulay Shiomi Howson Planning Associates Inc. appeared on behalf of the applicant in support of the application. She provided a summary of the applicant's proposal and provided additional information with respect to the application. She noted the area would be comprised of approximately 290,000 square feet. She noted the existing T Phat grocery store would not change, but would have a 3 metre buffer along the property line. She outlined the studies which had been undertaken and informed the Committee she would be available to answer questions. A question and answer period ensued with issues being discussed regarding litter, delivery areas, timetables and the existing lease agreement with the Hydro lands. Rob Rollings, 1974 Guild Road appeared before the Committee with concerns regarding parking. He stated this would be in the back part of his property and noted that parking already exists to the west which is currently paved and questioned why they would extend the parking to the north. He also questioned how the noise issues could be considered as minimal. 1 ATTAcHmENT#®TO REPORT# Pa "/a Excerpts from c~ Joint Planning & Development and r~' iknb Executive Committee Meeting Minutes Monday, April 11, 2011 7:30 pm - Council Chambers Chair: Councillor Rodrigues Sherri Lee appeared on behalf of Helen Gibson-Lee and Sandra Scott, who reside at 1635 Jaywin Circle. She questioned what was permitted in the By-law with respect to the hours of operation for construction. She also questioned whether a shadow study had included Jaywin Circle and what type of retail business would be located,. specifically whether bars would be included. She also stated their concerns with respect to the Go buses, noting the additional residential and retail space would only add to the already busy flow of traffic during rush hours. Rick Gallant, .1961 Guild Road appeared before the Committee with concerns relating . to the close proximity of the development to his driveway and the resulting traffic issues. Mr. Sanders, 1981 Guild Road appeared before the Committee requesting clarification on whether the development would be apartment units or condominiums. Lorelei Jones appeared before the Committee to address the residents' concerns relating to parking, noise, shadowing and driveways with respect to the proposed development. A further question and answer period ensued with staff responding to questions raised by the Committee with respect to underground parking, traffic separation, the lease agreement with Hydro lands and the refacing of the existing T Phat grocery. 2 ATTACHMENT#~T0 REPORT# PD 50 From: GORD MACMILLAN [mailto:martinupmartin@yahoo.ca] Sent: March 30, 2011 7:40 PM To: James, Isa Subject: zoning application A 18/08 Hello Isa My name is Gordie MacMillan and I live at 1966 guild rd. next to TPHAT supermarket and I am writing to you as I think you know some of my history with the property and Mr. Niceforo the owner. Ever since I have moved here in 2006 I have had trouble from the start with the tenants he rented or squatted to and the condition of the house the property and his disinterest in his property or more importantly his neighbours. I believe the tenants were there so the city could not have it condemned all in favour for Mr. Niceforo's timing on what to do with the property.When he had them evicted I am sure it was to be done before this hearing so things would look nice and clean now that the house .has been torn down. I am totally against the zoning amendment for this property for the simple reason that Mr. Niceforo's character and Integrity is for me questionable.He has dealt with me in a manner over a small fence that I would say has been deceitful,even his contractor has now lied to me and Both him and his contractor's word is not worth anything to me.I have talked to Tony once here at my house and we looked at where it should go and I have talked 2 or 3 times on the phone over this fence.Neither Tony or his contractor have informed me what . has happened as the fence was to be up before the snow flies in 2010 amd I haven't heard from them since,the silence say's alot. My neighbours and I have complaints to the city and the police on record which attests to how this man treats this neighbourhood with nothing but dollar signs in his head and no desire to be a good neighbour or a good landlord as I have seen his treatment of the tenant he had in the house.Now that the house is gone the garbage from next door is a constant pain in ass for my wife and I as now we pick up his garbage on my property which is a sore that is only festering now that he desires to build an 8 story condiminium beside me and not do the right thing first which is put up the fence and keep his garbage to himsel£1 have no confidence in this man's word no matter what he say's he want's to do,he has not proven to anyone in this neighbouhood that he cares about the people around him who ARE his neighbours. Ithink it would be a detriment to the people on the block who don't want this,just come out and ask us,knock on a few doors and hear what people have to say.WE LIVE HERE TO.If the city of Pickering passes the application we will be disappointed to say the least and realise that the city is just looking at further revenue for itself and not really care about the little guy who loses again.I hope not.You the city also know this man's history in his dealing with you and us and 1 hope you do the right thing. Thank you Gord MacMillan I am also sending you some photos of the garbage,it's a disaster and an eyesore have a look and this is what I see everyday. i ATTACHMENT#_Tq . REPORT# PD 6C1 -v~7L ~ ayyi,~ - -a . ~ .G r ^re ~ i K "w k.~ i ~ I. 4 G ATTACHIMENU S TO RCPORT# PD -----Original Message----- From: sandy, scott()servicecanada.gc.ca Lmailto:sandy. scott _servicecanada.gc.cal Sent: March 30, 2011 10:44 AM To: Shields, Debbie Subject: Zoning By-law 3036 Good. Morning Ms Shields, I am writing to you today to voice our concerns over the proposed rezoning of 1640 Kingston Rd, Pickering. This area currently houses a single floor retail business and the proposal before the city now is to construct an eight story condominium and office/retail space on this property. We reside directly opposite this space on Jaywin Circle and have some serious concerns about this proposal. It poses a serious threat to our privacy as this building will loom directly over our back yard property, and that of our neighbours. And further to our concerns is the fact the our property values will decrease due to this obstruction of approximately 100 feet high. Not to mention the increased traffic flows in this already congested area. I am appalled that the city would even entertain a rezoning request as we are a residential area, and this proposal will be an unwanted monstrosity to our neighbourhood. Be it known that I wish to reserve the option to appeal a decision of the City of Pickering. also wish to be notified of the possible adoption of this by-law. Sincerely, Sandy Scott 1635 Jaywin Circle Pickering, ON L1 V2W3 Sandy Scott Service Canada Old Age Security - SCBO-02 Local 00648 - Vice President - Programs Tel: 416-952-7150 sandy.scottCaD_servicecanada.ca Fax,416-952-8658 Always remember to Make Pet Adoption Your First Option A,Ti MTHMENT# TO REP®RT# PD o 62 H. Gibson, 1635 Jaywin Circle, Pickering, ON. L1V 2W3 c~RicilaL~ro j~z i COPY T0: _ _ v o tiJ- y~ April 18, 2011 CORR. FILE f_ ACTION j City of Pickering RECEIVED Administration Department Legal & Legislative Services Division Clerks office APR Z 0 2011 Attention: D. Shields - City Clerk CITY OF PICKERING Fax: 905-420-96855 PLANNING & DEVELOPMENT DEPARTMENT Re: Zoning Amendment Application A 18/08 Dear Ms. Shields, am writing this to express my concern and opposition to the proposed zoning amendment and planned development at 1640 Kingston Road, Pickering. Unfortunately, I was out of town for the Joint Planning & Development/ Executive Committee meeting held on April 11, 2011, but my daughter did attend on my behalf- From her reporting of the meeting, there was little information disseminated concerning the project and many questions went unanswered. / Items not addressed, the noise level impact on the neighbourhood, the privacy effect with regard to the residential homes within the shadow of the condominium, traffic impact not only on Kingston Road & Guild Road, but on Denmar Road, will a restaurant and/or bar be approved for residency in the 4 story Retail-Commercial building etc: Of great concern as well is what impact will this complex have on the property values. I trust that another meeting will be planned as soon as possible in order that interested parties receive the information being requested and afford the public additional opportunity to express their concerns. Sincerely, Flelen won T h~CC i 2J i2~ REPORT# PD. oZ 43 Y 'L VVV 72 6 0 i L 1 C) t~ ~t ~Z c s ('~Z cc h F G~ - f 7 C ~.2 /~c r"~ 17 ! l t. ce C J ~ L T~z 46 4 k~ 1167 V sky 46-r YIN-, VII-y ;mot Fcr ~k-3 Che'kn ( Lk: ill T h-e v: r' car s o) k 4 - A~~{ Pr41pp~~ ct1~. e,+-}~ (-I.( I(~r5 i.s r~'t i1. Weav,.n c3 ~~u a G(l Chc1hi !J i x Ct ,rV itI C~.C cf 1i , Cs ►'l Cst 1 ~,'v'~ I i Y►1- i? fl 4o, 1 n 4o d i v e rn ut kc 7 L' t k'~ U L I (rte y4- \f 1 hc.{4 -Dc &c 1,--n ?rt, n v u r~: Piic 2:.e i r\ 1. ~ t a 1 C G i ~ ~4 l-\ se) ~C -C1 Irk, (7 7 Z ATTACHMENT# L M REPORT# PD 64 I M I ATTACHMENT# : _T0 65 RR 0 e" c t l 1974 Guild Road Pickering, Ontario ~ L1V lYl =F April 7, 2011 ORIGINALTO: - D D. Shields COPVro: City Clerk, City of Pickering Pickering, Ontario L1V 6K7 _ CORR. FILr TAKE APR. ACTION Dear Ms Shields: We are long-time residents of our city, and we are writing to express our concerns about the Zoning By-law Amendment - A 18/08 regarding the property at 1640 Kingston Road. Our family lives at 1974 Guild Road and have done for over 20 years. Our primary concern with the proposed development is with the parking area currently shown in the Hydro Corridor directly behind Lots 44 to 50 on the submitted plan. Currently this area is green space with a buffer of trees at the back of our property (Lot 48). Having parking directly behind our property will impact significantly on our ability to enjoy our back yard. This includes a tremendous increase in noise and emissions from vehicle traffic in and out of this parking area which appears to be within only a few feet from our property. A number of other neighbours are in the same position as the parking extends behind 8 of the lots on Guild Road. There already exists a substantial parking area along the full extent of the Hydro Corridor along Kingston Road of which only a part of it appears to be part of the planned parking for this site. It does not make any sense for additional green space to be paved over for parking when there is already a paved parking lot directly adjacent to this site. Also of concern is the addition of a new driveway off of Guild Road which will be situated within approximately 70 in of our property. The increased traffic and noise on this quiet residential street will be detrimental to our quality of life and our property values. There is already a driveway into this site off of Kingston Road which could be utilized without any additional impact on residents of Guild Road. We do not object to the revitalization of this property, however, the current plan does not seem to account for the impact on the existing neighbourhood and its residents and seems to go out of it way to cause the greatest possible harm. Sincerely, Robert Rollings, P.Eng Helma Rollings r - `CS~~abS1a.~a~ COP" O P , i ,h1 P. I ` :4.° a R, la fly G 66 1 ® r ~~1~ IT Y . Attentio @r ~'ts (City Clerk) 8NNtTN1E CORR. R-1;: APR 2i p~A DEPT TAAtAP;?. AUNON From: Rick Gallant/Linda Laffan (owners o eke BFI, Re: Issues. we are opposing to do with Zoning Application A 18 / O Our main concern is the new driveway entrance which would be located directly across from our driveway to which a high volume of vehicles going in and coming out of this designated parking area for the apartment and the T-Phat grocery store (and it is just that..a grocery store, in comparison to a small market) Sometimes. they can get as many cars in their parking lot as Sobey's does. They are also open on certain holidays where others are closed. Therefore with our main window directly facing this "new driveway area" we will have NO PRIVACY whatsoever. Once it becomes dark (much earlier in the winter of course)there would be a constant stream of headlights practically in our face through most of the evening hours as well. We are in the line of fire so to speak. Can you imagine all of those trucks heading into the loading docks (INCLUDING 53' tractor trailers) making that turn into this "new driveway" right in front of YOUR house?? There is always a constant, stream of them.:seafood trucks-bread trucks..vans..you name it) all day long and this would all be happening right in front of our window area like we have stressed. We would welcome any one of you city councillors to come over to our house-back into our driveway-sit there and try to visualize what we will be looking at. Maybe THEN there would be some compassion for us. Would any of you like to live here ??We have looked at this messy corner for years. The worse being, with the same owner of the property we are speaking about had cut down all the trees (INCLUDING CITY TREES)on city property! When we complained to the city about it because it revealed even more of that delapitated building, we were told he had to pay a fine OR replant a good number of NEW trees to which NEVER happened.. Why?? The City let him get away with it obviously.. We feel he (the property owner) didn't and doesn't care about his fellow neighbours. Now he wants to build this apartment building.. a 4 storey commercial /retail building. PLUS keep a delapitated grocery store. To much traffic congestion in a small area for all of this. Sounds like pure greed.For the longest time we have been in a state of depression already-not wanting to even improve on our own home because of all the stress the property across the street has inflicted on us. We don't even want to open the blindsaf this "driveway" happens across from us we might as well never open them. At the public meeting on April 11 th..2075729 Ontario Inc, showed 2 nice pictures of the STREETSCAPE EAST ELEVATION and STREETSCAPE WEST ELEVATION. Well the WEST side picture is NOT showing a true picture because alongside of that apartment will be a portion of the T Phat building and that is what the residents on Guild Rd.. will be looking at-especia/ly us.How ridiculous is that?It just doesn't make sense.Another concern regarding the "new driveway"..if you are coming from the other end of Guild Rd (Finch) there is a a bit of a curve in the road just before where all that driveway willbe..hopefully no one is speeding to much and someone comes flying out of that busy driveway.Guild Rd, is to narrow for this kind of traffic congestion. It could well become a mini file://C:\Documents and Settings\Rick\Local Settings\Application Data\IM\Runtime\Mes' a,... 4/18/2011 ATTACHMENT# -S -,.--TO REPORT# PD O intersection rather than a driveway.in the summer months there are a great 67 number of accidents right at the intersection of Kingston Rd. & Guild already. We also feel sorry for our fellow neighbours on the other side of our road that could have a huge parking lot right off of their backyards. Lastly, who is to say that down the road..so to speak-that the Condo apartments could turn into a low rental type because of the loading docks / trucks/ etc. going to & from the market. Who would really want to rent or buy one facing that side at all? We request that a copy of this letter be given to all councillors and Mayor that were present at that April 11 th. public meeting and we thank you very much for taking in our side of all this and give it very serious consideration. Much obliged; Rick Gallant /Linda Laffanps✓ 1961 Guild Rd. 6c/~/ oz-116N Y) fileWCADocuments and Settings\Rick\Local Settings\Application Data\IM\Runtime\Messa... 4/18/2011 ATT~~CHMB`i S Td < e- Q 64 68 REPORT#PD O4-/-Z . . Z~ZZ-/ i ~ ~ i e 7 ` 1~zl ATMCHMEVT, f~ORT~ P®- SUBJECT : Zoning By-law - A 18108 RE 169 2075729 Ontario Inc. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots 1, 2 & 43 Plan 316) City of Pickering PETITION of those who are against the request of the above applicant. Name & Address e(ando ments if you wish) i r" e- 1 ~44CCIA,,~ Pd. A-XJ1 QS hul A t2d, qql / ti. L r C P12"ret( -1 C - l Ct Yq 4/16/2011 ATThCHMEW --T0 REPORT# PD SUBJECT : Zoning By-law A 18108 2075729.Ontario Inc. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots 1, 2 & 43 Plan 316) City of Pickering PETITION of those who are against the request of the above applicant. Name & Address (and comments if you wish) /W~?- 27 IME 762Z 14.1 4/16/2011 REPOrru PD.~`~ 71 SUBJECT : Zoning By-law - A 18108 2075729 Ontario Inc. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots 1, 2 & 43 Plan 316) City of Pickering PETITION of those who are against the request of the above applicant. Name & Address (and comments if you wish) J ~i~icL►2) t b X11 S q~q (rtiLb 'D 4/16/2011 ATTACHMENT# 72 REI'O9T# PD April 20, 201.1 RECEIVED Isa James Planner II APR 2 6 2011 Planning & Development Department City of Pickering CITY GE PICKERING ILL*] V One The Esplanade P`ANNIDEPARTMEN PMENT Pickering, ON L1V 6K7 The Regional Dear Mrs. James Municipality of Durham Re: Zoning Amendment Application A 18/08 Planning Department Applicant: 2075729 Ontario Inc. Location: 1640 Kingston Road 605 ROSSLAND ROAD E 4 FLOOR Part of Lot 20, Conc. 1 and Lots 1, 2, & 43 Plan 316 PO BOX 623 Municipality: City of Pickering WHITBY ON L1N 6A3 CANADA 905-668-7711 The Region has reviewed the above noted application and offers the Fax: 905-666-6208 following comments for your consideration. Email: planning@durham.ca I'I www.durham.ca The purpose of this application is to amend Zoning By-law 3036 to permit an A.L. Georgieff, MCP, RPP 8 storey apartment building and a multi-storey retail and office building. Commissioner of Planning 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. This zoning amendment application is to amend the zoning by-law from Commercial C- 19 to Mixed Use - residential, commercial, office, and medical Uses. Mixed use development consisting of residential, commercial, office and medical uses is permitted within the Corridor designation. This application proposes the redevelopment of 1640 Kingston Road. Also included in the redevelopment plan is the property known as 1964 Guild Road (formerly a single detached dwelling), which is intended to be used as an access. Regional mapping indicates that there are Key Natural Heritage Features located on 1964 Guild. Road and continuing north at the rear of the residential lots fronting Guild Road. Recent site visits have revealed that the residential structure and vegetation on 1964 Guild Road have been removed (save for one coniferous tree). The applicant shall demonstrate to the satisfaction of the City of Pickering that the proposed development will have no further impact on the remaining Feature. " Service Excellence for our Communities" ® 1 100% Post Consumer ATTACHMENT# 6 To REP03T# PD- 7- Provincial Policies & Delegated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. Potential Site Contamination A Phase I & II Environmental Site Assessment (July / August 2005), a Supplementary Phase II Environmental Site Assessment (August 2005) and a Phase III Remedial Excavation Study (September 2005) were submitted in support of this application. The results of the Phase I & II studies indicated that there were hydrocarbon impacted soils located on site, localized to an area under the existing commercial building, and believed to be associated with the historical import of fill onto the site. A soil remediation and concrete floor restoration works were undertaken during the period from September 7 to September 15, 2005, and is documented in the Phase II Remedial excavation Study. The Regional Planning Department notes that these studies are approximately six years old, with the potential that significant changes could have occurred during that timeframe. It is a standard requirement that a Record of Site Condition be filed with the Ministry of Environment related to the remediation works previously completed. I Noise Impact The Noise Control Study, prepared by MMM Group Limited, has been reviewed and been determined to be generally acceptable. The applicant will be required to implement the warning clauses / mitigation measures identified in the report and should be included in I the development agreement with the City of Pickering. There are no other matters of provincial plan interest applicable to this application Regional Services Water Supply and Sanitary Sewer Servicing Municipal water and sanitary sewer service is available to service the subject site. The existing property is currently connected to Regional municipal services. Transportation Access to Kingston Road must be restricted to right-in/right-out movements only. Ultimately this will be restricted with the construction of a centre 2 ATTACHMENT 6 7 REPORT# Pa o ~ 2, median for the Bus Rapid Transit as identified in the Region's Long Term Transit Strategy (LTTS). However, in the interim, the construction of a trumpet median in the driveway throat to restrict turning movements will be required. Based on the estimated traffic volumes and the Region's Right-Turn Lane Guidelines, the proposed location for the Kingston Road entrance would require construction of a 130 metre right turn lane. However, the proposed entrance location can not accommodate the required right turn lane given its insufficient separation from Guild Road. Therefore, the existing Kingston Road entrance and right turn lane should be utilized for the proposed development. Although the Works Department does not agree with-all of.the methodology, assumptions, conclusions and recommendations documented in the report, the Works Department is generally satisfied that the information provided is sufficient to support our assessment of the proposed development. The Works Department does not require the submission of a revised report. 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 ATTACHMENT REP©RT# PD D IV /a NECEIVED 75 JUN 13 2011 PICKERING CITY OF PICKERING Memo PLANNING & DEVELOPMENT 1811 BICENTENNIAL 2011 DEPARTMENT To: Isa James June 8, 2011 Planner II From: Darrell Selsky Supervisor, Engineering & Capital Works Copy: Division Head, Engineering Services Subject: Zoning Amendment Application A 18/08 2075729 Ontario Ltd. 1640 Kingston (at Guild Road) The Site Plan Review Committee (comprised of both the Engineering Services and Operations & Facilities Divisions) has met to review the above noted request and provide the following comments. General Comments 1. Recognizing that this is a Zoning Amendment- there is some details that are unclear. The Enclosed Loading Area access looks like the proposed shipping is expected to back in. If the trucks are to drive through, the route is unclear. If the trucks are to back in, the main entrance width and surrounding curb radius will not support this. Please revise. 2. Review the proposed tight curb radius just east of the underground parking ramp. It appears to be too sharp (1.6m radius). 3. Add internal traffic signage to the plan, detailing type and location. 4. Add note/label detailing the removal and replacement of the concrete curb and gutter at the Guild Road entrance. 5. Because Kingston Road is identified as a Regional Cycling Route, please add an area (fronting Kingston Road) to accommodate this, complete with Bike racks. SB:sb ' i I ATTACHMENT#-7_TO REPORT# PD 0!f4 PICKERING Memo 1811 BICENTENNIAL 2011, To: Isa James March 28, 2011 Planner II From: Tom Dole Water Resources Engineer Copy: Manager - Development Control Senior Water Resources Engineer Coordinator - Development Approvals Subject: Mixed Land Use Re-Development - Kingston and Guild Road - File: A 18/08 The application is in support of the zoning amendment. As such, from a stormwater perspective the critical issue.at this stage is whether or not the proposed land use can be serviced rather than a detailed review of the design. With respect to that, on-site storage is required to control the 2- 100 year post-development flows down to the 2 year pre-development flow. Given the large amount of parking area this should be easily accomplished. Detailed Design The following comments can be addressed at the detailed design stage. The runoff coefficient for this land use should be 0.9. All calculations should be updated accordingly. The runoff coefficient for the 100 year storm should be adjusted according to the formula Cloo Year 1.25 * C as per the City, of Pickering's new stormwater guidelines. On-site controls are required to control the 2-100 year post-development flows to the 2 year pre- development level. Notwithstanding the existing land use, a hydraulic grade line.(HGL) analysis should be completed for the Guild Road sewer to ensure that the sewer has sufficient capacity to accept flows from the site. The City's criteria is that the 100 year HGL is 0.3 m below the.basement footing elevation of structures. The TRCA should be contacted to determine the 100 year water level in the Duffins Creek for use in this analysis. The Ontario Ministry of the Environment has not provided direction with respect to water quality credits for bioretention areas. As such, the Oil Grit Separators should be sized for 80% TSS removal for the entire tributary area using the MOE's particle size distribution. Notwithstanding, the applicant is encouraged to incorporate LID measures into the site plan to achieve the TRCA's water balance requirement. Ad l ATTACHIV ENT# TO _ REPORT# PD 92 Za 77 PICKERING Memo 1811 BICENTENNIAL 2011 To: Isa James May 9, 2011 Planner II From: Robert Starr Manager, Development Control Copy: N/A Subject: Zoning Amendment Application A18/08 2075729 Ontario Inc. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots 1, 2 & 43 Plan 316) City of Pickering We have reviewed the latest submission for the above-mentioned application and our comments are as follows: General Comments 1. Please be advised that any external works on Kingston Road and Guild Road may require a Development Agreement with the City of Pickering. Details of these requirements will be reviewed during the Site Plan Approval process. 2. Guild Road may need to be improved pending access restrictions on Kingston Road. Statement of Conformity to Provincial Policy Statement and Growth Plan 1. No specific comments. Site Concept Plan . i 1. Fencing will be required on the north and east property lines adjacent to existing residences on Guild Road to provide screening from headlights. 2. Provide truck turning radii for the enclosed loading dock. Elevation Drawings 1. No specific comments. AFTACHV.ENT #-----TO Phase I & II Environmental Site Assessment REPOHT# 7~ 1. On page 17 of the report, it states that results of a MOE Freedom of Information Search had not been received and that once received, they should be appended to the report. Please provide the results of this search. 2. Provide the location map for the boreholes in Appendix D. Phase II Environmental Site Assessment Report 1. No specific comments. Phase III Environmental Site Assessment Report 1. No specific comments. Sun Shadow Study 1. No specific comments. Noise Control Study 1. No specific comments. Preliminary Stormwater Management Report 1. This report provides very little detail. Further details are required to provide a thorough review of the stormwater management for the site. 2. Provide confirmation that the storm sewer on Guild Road can handle the flows from this site. Functional Servicing Plan 1. This report must include storm sewer information for the site and address stormwater comments from Engineering Services. Traffic Impact Study 1. The report may need to be revised if the Kingston Road access is restricted. RS/Imc I:VRe-zoning ApplicationsA18-08 - 1640 Kingston Road\Comments - May 2011.doc May 9, 2011 Page 2 Zoning Amendment Application A18/08 ATTACHMENT#-2--TD REPQRT# PDQ ` - Z a 79 A 18/08 Sun Shadow Study Excerpts June 21St (Summer Solstice) :.4K lit , r 7 5:00a m I 3.OQpm . r 7:00p'm ATTAaCHMENU-2 -To REPORT# PD so A 18/08 Sun Shadow Study Excerpts Sept. 21St (Equinox) k 6:30am r ft f - 1 i 100pm w A LF ~ ^3f , f 1M k~i f:00pm 1 ATTACHMENT# 9 -TO REPORT# PD o A 18/08 Sun Shadow Study ExceMts Dec. 2111 (Winter Solstice) i 7 77 r 4 8 O0am A ICY 4 _ - . 1:00pm l L.Y, l