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Home My WebLink AboutPLN 12-15 C':fy 4 Report to Planning & Development Committee I KERI Report Number: PLN 12-15 Date: October 5, 2015 From: Thomas Melymuk Director, City Development Subject: Zoning By-law Amendment Application A 9/15 Kingsett Brookdale Centre Inc. Concession 1, Part Lots 23 and 24, 40R-25448 Parts 1, 2, 4 to 37, 44 to 47 and Parts 3 and 38, 40R-6862 Parts 2 and 3, and 40R-10821 Part 1 except 40R-25266 Parts 1 to 6 (1105 Kingston Road) Recommendation: That Zoning By-law Amendment Application A 9/15, submitted by Kingsett Brookdale Centre Inc., to remove the floor area restriction for a food store use and to permit a seasonal outdoor garden centre accessory to a food store use on lands being Concession 1, Part Lots 23 and 24, 40R-25448 Parts 1, 2, 4 to 37, 44 to 47 and Parts 3 and 38, 40R-6862 Parts 2 and 3, and 40R-10821 Part 1 except 40R-25266 Parts 1 to 6, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 12-15 be forwarded to Council for enactment. Executive Summary: The requested change to the zoning is appropriate and desirable for the development of the area. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development Discussion: Kingsett Brookdale Centre Inc. has submitted a Zoning By-law Amendment application for a commercial site located on the south side of Kingston Road, east of Dixie Road (see Location Map, Attachment#1). The intent of this rezoning application is to facilitate the re-use of a vacant building formerly occupied by Future Shop (see Building B on Applicant's Submitted Plan, Attachment#2). The specific amendments include removing the maximum floor area restriction for a food store use, and permitting a seasonal outdoor garden centre accessory to a food store use. Report PLN 12-15 October 5, 2015 Subject: Kingsett Brookdale Centre Inc. (A 9/15) Page 2 The text of Information Report No. 04-15 is attached as Appendix II to this Report. It contains the applicable Official Plan policies and existing zoning, the comments from external agencies and internal departments, and the detailed review of the submitted Traffic Impact Statement and Parking Assessment. No members of the public attended the September 14, 2015 Public Information Meeting and no comments from the public have been received to date. The Applicant's request to remove the floor area restriction for a food store use, and to permit a seasonal outdoor garden centre accessory to a food store, complies with policies of the Pickering Official Plan, and will complement the existing uses permitted on the subject lands. Staff have reviewed the submitted Traffic Impact Statement and Parking Assessment and are satisfied that the existing parking supply will be adequate to serve the parking needs of the food store with a seasonal outdoor garden centre, as well as the rest of the commercial uses on the subject lands. Furthermore, the proposed uses will not impact the existing road network and the functionality of the site. Staff supports the application and recommends that the site specific amending by-law as set out in Appendix I, be approved and forwarded to Council for enactment. Appendices Appendix I Draft Implementing Zoning By-law Appendix II Text of Information Report No. 04-15 Attachments 1. Location Map 2. Applicant's Submitted Plan Report PLN 12-15 October 5, 2015 Subject: Kingsett Brookdale Centre Inc. (A 9/15) Page 3 Prepared By: Approved/Endorsed By: Amy Emm, M IP, RPP Catherine Rose, MCIP, RPP Planne II Chief Planner 8,1 Nil. rti, MCIP, RPP Thomas Melymuk MCIP, RPP Manager, Development Review & Director, City Development Urban Design AE:NS:df Recommended for the consideration of Pickering City Council 6449 —§,v4 Z7Z/ Z0/5 Tony Prevedel, P.Eng. Chief Administrative Officer ii Appendix I to Report PLN 12-15 Draft Implementing Zoning By-law Zoning By-law Amendment Application A 9/15 The Corporation of th- t 'ickering By-1_ ,, Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Concession 1, Part Lots 23 and 24, 40R-25448 Parts 1, 2, 4 to 37, 44 to 47 and Parts 3 and 38, 40R-6862 Parts 2 and 3, and 40R-10821 Part 1 except 40R-25266 Parts 1 to 6, in the City of Pickering. (A 9/15) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Concession 1, Part Lots 23 and 24, 40R-25448 Parts 1, 2, 4 to 37, 44 to 47 and Parts 3 and 38, 40R-6862 Parts 2 and 3, and 40R-10821 Part 1 except 40R-25266 Parts 1 to 6, in the City of Pickering to remove the floor area restriction for a food store use and to permit a seasonal outdoor garden centre accessory to a food store use; And whereas an amendment to By-law 3036, as amended by By-law 6778/07, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Area Restricted The provisions of this By-law shall apply to those lands in Concession 1, Part of Lots 23 and 24, 40R-25448 Parts 1, 2, 4 to 37, 44 to 47 and Parts 3 and 38 40R-6862 Parts 2 and 3, and 40R-10821 Part 1 except 40R-25266 Parts 1 to 6, in the City of Pickering. 2. Text Amendment 1: Section 4. (1) Uses Permitted by By-law 3036 as amended by By-law 6778/07, is hereby amended by re-alphabetizing this subsection in order to incorporate an additional permitted use: (q) garden centre accessory to a food store 2. Section 4. (2) Zone Requirements of By-law 3036, as amended by By-law 6778/07 subsection (j) Special Regulations, of, is hereby amended by deleting Section 4. (2)(j)(iii) which reads as follows: "(iii) Maximum floor area for a food store shall be 750 square metres"; By-law No. Page 2 3. By-law 3036 By-law 3036, as amended by By-law 6778/07, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1, Area Restricted, and Section 2, Text Amendment, above. Definitions and subject matters not specifically dealt with in this By-law shall be governed b J P Y Y 9 by relevant provisions of By-law 3036, as amended. 4. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XXXX day of October, 2015. DRAFT David Ryan, Mayor DRAFT Debbie Shields, City Clerk Appendix II to Report PLN 12-15 Text of Information Report No. 04-15 Zoning By-law Amendment Application A 9/15 • � j o0 Information Report to __ Planning & Development Committee PICKERING Report Number: 04-15 Date: September 14, 2015 From: Catherine Rose,'MCIP, RPP Chief Planner Subject: Zoning By-law Amendment Application A 9/15 Kingsett Brookdale Centre Inc. Concession 1, Part Lots 23 and 24, 40R-25448 Part 1, 2, 4-37, 44-47 and Parts 3; 38- (1105 Kingston Road) City of Pickering 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding an application for a Zoning By-law Amendment, submitted by Kingsett Brookdale Centre Inc., to remove the floor area restriction for a food store use and to permit a seasonal outdoor garden centre accessory to a food store use. This report contains general information on the applicable Official Plan and other related policies, and identifies matters raised to date. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. Planning & Development Committee will hear public delegations on the application, ask questions of clarification and identify any planning issues. This report is for information and no decisions on this application is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. Property Location and Description The subject property is a commercial site located on the south side of Kingston Road, east of Dixie Road (see Location Map, Attachment#1). The property is approximately 7.5 hectares in size, irregular in shape, and is currently tenanted by a mix of commercial/retail uses such as Home Depot, Michaels, Shoppers Drug Mart, and a vacant building previously occupied by Future Shop. Surrounding land uses include: north - across Kingston Road, a two-storey commercial building containing business and professional offices and personal service uses, as well as existing low density residential development primarily consisting of • detached dwellings . east - automotive'repair related business, a mixed use commercial plaza and open space lands associated with the Pine Creek south - Highway 40.1 west -. commercial buildings containing offices, restaurant, and retail uses Information Report No. 04-15 Page 2 3. Applicant's Proposal The applicant is requesting to amend the zoning by-law to facilitate the reuse of a vacant building formerly occupied by Future Shop (see Building B on Applicant's Submitted Plan, Attachment#2). The specific amendments include removing the maximum floor area restriction for a food store use, and permitting a seasonal outdoor garden centre accessory to a food store use. The proposed seasonal outdoor garden centre is contemplated to be in operation between the months of May and August. The garden centre will be approximately 460 square metres in.size and will occupy approximately 15 parking spaces, plus a portion of an aisleway, when in operation. At this time, no exterior.changes to the building façade, or additions to the vacant commercial building are being proposed. Should this change, a Site Plan Application will be required. 4. Policy Framework 4.1 Pickering Official Plan The Official Plan designates the subject lands as "Mixed Use Areas— Mixed Use Corridors", which provides for the highest concentration and diversity of uses in the City, including residential, a range of retail uses, offices, restaurants and community, cultural and recreational uses. This designation permits a maximum floor space index of up to and including 2.5: The applicant's proposal complies with the policies of the Official Plan. 4.2 Zoning By-law 3036, as amended by By-law 6778/07 The subject lands are currently zoned "MU-21" Mixed Use, which permits a broad range of office and commercial uses, such as but not limited to, business and professional office, convenience store, day nursery, discount department store, drug store, food store, home improvement,centre, personal service shop, restaurant—Type A, and retail store. The by-law also permits a garden centre accessory to a home improvement centre. By-law 6778/07 restricts the maximum floor area for a food store use to 750 square metres. The intent of this provision was to permit a small scale food store. The applicant is seeking to is delete the maximum floor area provision for a food store use and to permit a seasonal outdoor garden centre accessory to a food store use. . 5. Comments Received 5.1 Resident Comments No comments or concerns have been received in response to the circulation of the notice of public meeting. Information,Report No. 04-15 Page 3 5.2 Agency Comments Region of Durham • the subject lands are designated "Living Areas" in the Regional Official Plan with the "Regional Corridor" overlay • the "Living Areas" designation allows for Major Retail Uses subject to the inclusion of the appropriate provisions and designations in area municipalities • Corridors are to be planned and developed as mixed use areas, which.include residential, commercial, and service uses with higher densities • the applicant's requested amendments are permitted by the Regional Official Plan 5.3 . City Departments Comments Engineering & Public • no concerns or objections with the Zoning By-law Works Amendment application 6. Planning & Design 'Section Comments 6.1 Sufficient parking supply is available on-site to accommodate the additional uses The applicant has submitted a Traffic Impact Statement and Parking Assessment, prepared by BA Group, dated July 10, 2015, in support of the rezoning application. Based on a survey of the existing on-site parking supply, a total of 763 spaces are currently available to serve the site's parking requirements. Parking for the site is provided at a rate of 4.5 parking spaces per 100 square metres of gross leasable floor area (GLA) for all non-residential uses. Based on this parking ratio, when the vacant commercial building is occupied with the . proposed food store, the site will require a total of 745 parking spaces and 766 parking spaces when the outdoor seasonal garden centre is in operation. Parking utilization surveys were undertaken by the consultant to understand the site's existing peak parking demand on Friday, June 12, 2015 between 12:00 pm to 6:00 pm and Saturday, June 13, 2015 between 11:00 am to 5:00 pm. The peak parking accumulation occurred on Saturday, June 13, 2015 at 12:00 pm with approximately 288 occupied parking spaces. The consultant concludes that the proposed parking supply will adequately serve the parking needs of the food store with a seasonal outdoor garden centre, and the rest of the commercial uses on the subject lands. The ultimate build-out of the subject lands, as illustrated on the Applicant's Submitted Plan, (see Attachment#2) includes the extension of Walnut Lane and a total parking supply of approximately 902 parking spaces, which exceeds the parking requirements in the current site specific zoning by-law. Information Report No. 04-15 Page 4 • The consultant also indicated that the introduction of the food store use and the optional outdoor seasonal garden centre can be accommodated by the existing road network without undue impact. City and Regional staff have reviewed this study and are satisfied that the proposed food store with a seasonal outdoor garden centre will not unduly impact the functionality of the site. 6.2 No further issues or concerns have been identified The application has been circulated to all internal departments and external agencies for their review. No significant issues or concerns have been identified through the circulation of this application. Furthermore, the City Development Department has no significant concerns with respect to the Zoning By-law Amendment Application. 7. Information Received Full scale copies of the plans and studies listed below are available for viewing at the offices of the City of Pickering, City Development Department: • Planning Justification Report prepared by Hunter &Associates, and dated July 8, 2015 • Traffic Irripact Statement and Parking Assessment prepared by BA Group, and dated July, 2015 • Survey, prepared by RPE Surveying Ltd., and dated November 14, 2012 • Conceptual Site Plan, prepared by K & K Architects, and dated June 24, 2015 8. Procedural Information 8.1 General • Written comments regarding this proposal should be directed to the City Development Department . • Oral comments may be made at the Public Information Meeting • All comments received will be noted and used as input to a Planning Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council • Any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal • • Any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 9. Owner/Applicant Information • The owner of the property is Kingsett Brookdale Centre Inc. and is represented by Diana Mercier of Hunter &Associates Ltd. Information Report No. 04-15 Page 5 Attachments 1. • Location Map 2. Applicant's Submitted Plan Prepared By: Approved/Endorsed By: Amy Emm, MCIP, RPP Catherine Rose, MCIP, RPP Planner II Chief Planner Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design AE:Id Date of Report: August 26, 2015 ----Copy: Director, City Development • • • ATUt IT+� TO REPORT#i '1$ =`— 'A HMO' o II� , //1III1D �� ````�N '��y5�c�U∎ = 111111111�111� �� G � _�mom CULROSS AVENUE �, ', VIVA,` �� CRESCENT w ,/ ,00! 09 = Illlllllllilll� � � A _ �i111111111 _ Amor lt ,,,so �� i OP iilliiiiii1111111 1111 ��R � z w- `, e�- E N ,1_g_/.._ -o IIIIIIIIIIIIII�� _ g IIIIIIIII// = -- == MEADOW D O j / ==w 111 ,, wala ��ji*— -=z CRES. ` `� __ "III,,` w M 'iiiii`� MN� ROAD �•i•�►•ee�!.•:'000••Oii NM 1-'%IOW Ci G\_c "Ti P„RM I Wr r\ `•iiiiiiii`. z 11:11„1170 Oiiiiiiiiiiiiiiiiiiiiiiiii N/TED G\ov � � SUBJECT �� I p NI. /,ppp.,PROPERTY °la 5-<-: - .--...- ' ... A- .v..e• N1Gl-1W PY IP ,,,... STREET . 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