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HomeMy WebLinkAboutPLN 01-19--Cl,po/--p](KERJNG Report to Planning & Development Committee From: Subject: Kyle B~ntley Director, City Development & CBO Zoning By-law Amendment Application A 05/18 King Mushroom Investments Report Number: PLN 01-19 Date: January 7, 2019 Part of Lot 18, Range 3, Now Parts 1 to 7, Plan 40R-7994 (985 Brock Road) Recommendation: 1. That Zoning By-law Amendment Application A 05/18, submitted by King Mushroom Investments, to permit "office-associated commercial establishment", "personal service shop", "printing establishment" and "vehicle repair shop" uses on lands municipally known as 985 Brock Road be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report 01-19 be forwarded to Council for enactment. Executive Summary: The subject lands are located at the southeast corner of Bayly Street and Brock Road, municipally known as 985 Brock Road (see Location Map, Attachment #1 ). The property currently supports an 895 square metre industrial/commercial building (see Existing Conditions Plan, Attachment #2). In response to comments from the Region of Durham, the applicant agreed to revise the zoning application to eliminate certain uses permitted by the existing zoning by-law (accessory dwelling unit and assembly hall), and remove one of the proposed new uses (commercial-recreational establishment) to achieve conformity with the Regional Official Plan. The eliminated uses are considered "sensitive uses" that are not compatible with the existing and surrounding employment uses, and are therefore not permitted within the employment area designation. The existing supply of 33 parking spaces is adequate to accommodate the parking demands for the existing and proposed list of uses. A new site specific by-law has been prepared reflecting the combined list of permitted and proposed uses with appropriate restrictions and provisions. The draft by-law is attached as Appendix I and is recommended to be forwarded to Council for enactment. Financial Implications: The recommendations of this report do not present any financial implications for the City. PLN 01-19 Subject: King Mushroom Investments (A 05/18) Discussion 1. Background 1.1 Property Description January 7, 2019 Page 2 The subject property is located at the southeast corner of Brock Road and Bayly Street within the Brock Industrial Neighbourhood (see Location Map, Attachment #1). The property has an area of approximately 0.4 of a hectare with approximately 53 metres of frontage along Brock Road and 77 metres of frontage along Bayly Street. The property is occupied by a single storey multi-tenant building having a gross floor area of 895 square metres (see Existing Conditions Plan, Attachment #2). Current uses within the existing building include a restaurant, a flooring establishment, a computer store and a cash outlet. A total of 33 parking spaces are provided on-site and vehicular access is provided from Bayly Street. Surrounding land uses include: North: across Bayly Street, an outdoor boat storage facility with accessory buildings and structures East and South: single storey multi-tenant buildings with a range of industrial, limited commercial and personal service uses West: across Brock Road, vacant lands that were previously occupied by an automobile service station and car wash, and further west is an automobile dealership fronting Bayly Street 1.2 Applicant's Proposal The intent of this rezoning application is to expand the list of permitted uses to allow the owner further flexibility in leasing the units to a wider range of businesses. No exterior changes to the building, grading, vehicular access or parking spaces are proposed at this time. Should this change, a Site Plan Application will be required. Based on comments received by the Region of Durham, the applicant has eliminated certain existing and proposed uses that are considered to be sensitive land uses and did not comply with the Region of Durham Official Plan. Below is a list of all currently permitted and proposed uses, revised to conform with the Region of Durham Official Plan (bold indicates uses that are proposed for the site): • Business Office • Dry Cleaning Depot • Dry Cleaning Establishment • Food Preparation Plant • Light Manufacturing Plan • Merchandise Service Shop • Office-associated Commercial Establishment • Personal Service Shop • Printing Establishment • Restaurant • Sales Outlet • Scientific or Medical Laboratory • Vehicle Repair Shop • Warehouse PLN 01-19 Subject: King Mushroom Investments (A 05/18) 2. Comments Received 2.1 September 11, 2018 Public Information Meeting January 7, 2019 Page 3 A Public Information Meeting was held on September 11, 2018 at which no members of the public attended the meeting to voice their comments regarding the proposal, and no written comments have been received to date. 2.2 Engineering Services Department No concerns or objections with the Zoning By-law Amendment Application. 3. Planning Analysis 3.1 Proposed additional uses conform with the policies of the Durham Region Official Plan and the City's Official Plan The Region of Durham Official Plan (ROP) designates the subject lands as "Employment Areas" in the Urban System, with a "Regional Corridor" overlay along Bayly Street. Along Regional Corridors, Employment Areas permit a range of employment uses such as office buildings and business parks. Limited personal service and retail uses, serving the immediate designated employment area, may be permitted as a minor component (e.g., 10 percent) of the aggregate gross floor area of the uses in Employment Areas, and no single use shall exceed 500 square metres. Retail sales as a minor ancillary component of an industrial operation may also be permitted, subject to the inclusion of appropriate provisions in the zoning by-law. The subject property is designated as "Employment Areas -Mixed Employment" in the City's Official Plan, which provides for a range of employment uses that includes: light manufacturing; assembly and processing of goods; light service industries; offices; corporate office business parks; limited personal service uses; restaurants; hotels; financial institutions; community, cultural and recreational uses; and limited retailing of goods and services serving the area. Given that the policies within the ROP are more current and restrictive, any zoning amendment shall be in conformity with the ROP. To achieve conformity with the ROP, the applicant has agreed to eliminate some existing uses currently permitted in the by-law and a proposed use that are not compatible with other industrial uses and are not permitted within the "Employment Areas" designation of the ROP. These uses are commercial-recreational establishment, accessory dwelling unit and assembly hall. The new draft site specific zoning by-law includes provisions to cap the maximum aggregate gross leasable floor areas for office-associated commercial establishments and personal service uses on the subject lands. Provisions in the current zoning by-law to limit the gross leasable floor area for restaurant uses and accessory sales outlets will also be included in the new draft zoning by-law. The Region of Durham has confirmed that the revised zoning by-law amendment conforms with the Regional Official Plan and appears to be consistent with the Provincial Policy Statement as it does not introduce land use conflicts between sensitive/non-sensitive uses on the subject site. The draft zoning by-law attached as Appendix I to this report is also consistent with policies of the City's Official Plan. PLN 01-19 Subject: King Mushroom Investments (A 05/18) January 7, 2019 Page 4 3.2 Sufficient parking supply is available to accommodate the additional uses The existing site plan illustrates a total of 33 parking spaces currently available to service the site's parking requirements, which is a ratio of 3.4 parking spaces per 93 square metres of gross floor area (GFA). The general parking provisions of Zoning By-law 2511 require a minimum of 5.5 spaces per 93 square metres of gross leasable floor area (GLFA) for the combination of uses permitted on the site. The subject property and the adjacent property to the south were once a single parcel that was severed in 1983. It does not appear that parking on the subject property was addressed at the time of severance, and the subject property has maintained a total of 33 parking spaces since that time. The applicant has submitted a Parking/Traffic Assessment Study, prepared by Tranplan Associates, dated December 2017, in support of the rezoning application. Parking surveys were undertaken by the traffic consultant on Friday, October 27, 2017 and Saturday, October 28, 2017. Based on the consultant's survey results, approximately 29 parking spaces are required to accommodate peak demands during evening hours, which coincides with the peak dining hours associated with the existing restaurant tenant. Throughout the day, the normal peak demand is approximately 21 spaces. All of the proposed uses would have a similar parking ratio to the exiting permitted uses. The consultant concludes that the existing parking supply will adequately serve the parking needs of existing and proposed uses on the subject lands. Staff recommends a provision be included in the draft zoning by-law requiring parking be provided at a rate of 3.4 parking spaces per 93 square metres of gross floor area. 4. Conclusion The revised list of proposed uses will provide additional flexibility for the applicant to lease the units in the existing building to a more diverse range of businesses. The proposed uses are also in conformity with the Regional Official Plan and the City's Official Plan. Staff support the rezoning application to permit office-associated commercial establishment, personal service shop, printing establishment and vehicle repair shop uses on lands, and recommends that the draft Zoning By-law Amendment as set out in Appendix I to Report 01-19 be forwarded to Council for enactment. 5. Applicant's Comments The applicant has been advised of and concurs with the recommendations of this report. Appendix Appendix I Draft Implementing Zoning By-law PLN 01-19 Subject: King Mushroom Investments (A 05/18) Attachments: 1. Location Map 2. Existing Conditions Plan Prepared By: Nilesh Sufti, MCIP, RPP Manager, Development Review & Urban Design RM:NS:so Recommended for the consideration of Pickering City Council January 7, 2019 Page 5 Approved/Endorsed By: ~~ Catherine Rose, MCIP, RPP Chief Planner t;t4 Kyle Bentley, P. Eng. Director, City Development & CBO u{Jdl 7)u._.'L/,1-Dt6 Tony Prevedel, P.Eng. Chief Administrative Officer Recommended Draft Zoning By-law for Zoning By-law Amendment Application A 05/18 Appendix I to Report PLN 01-19 Qf Pickering ~ XX/19 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Part of Lot 18, Range 3, Now Parts 1 to 7, Plan 40R-7994 (A 05/13) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 18, Range 3, Now Parts 1 to 7, Plan 40R-7994 in the City of Pickering to add office-associated commercial establishment, personal service shop, printing establishment, and vehicle repair shop to the list of permitted uses on the subject lands; And whereas an amendment to By-law 2511, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I attached to this By-law 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 apply to those lands in Part of Lot 18, Range 3, Now Parts 1 to 7, Plan 40R-7994, in the City of Pickering, designated "MC-22" on Schedule I to this By-law. 3. General Provisions No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Definitions In this By-law, (1) "Building Height" shall mean the vertical distance between the established grade, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height level between the eaves and ridge. A penthouse, tower, cupola, steeple or other roof structure which is used only as an ornament upon or to house the mechanical equipment of any building shall be disregarded in calculating the height of such building. . XXXX/19 Page 2 "Business Offices" shall mean a building or part of a building in which one or more persons are employed in the management, direction or conducting of a public or private agency, a business, a brokerage, or a labour or fraternal organization, and shall include a bank, a data processing establishment, a newspaper publishing plant, a radio or television broadcasting station and related studios or theatres, and telegraph office, but shall not include a professional office, a retail store or any other use defined herein. (3) "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 the dry cleaning or laundering elsewhere, and distributing articles, goods or fabrics which have been subjected to any such processes. (4) "Dry Cleaning Establishment" shall mean a building or part of a building used for dry cleaning or laundering of articles, goods or fabrics, but does not include a laundromat. (5) "Floor Area" shall mean the area of the·floor surface or a storey or part of a storey. (6) "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets. (7) "Frontage" or "Lot Frontage" shall mean the width of the lot between the side lot lines measured along a line parallel to and 6 metres distant from the front lot line. (8) "Gross Floor Area" shall mean the aggregate of the floor areas of all storeys of a building or structure other than a private garage, an attic or a cellar. (9) · "Gross Leasable Floor Area" shall mean the total gross floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors if any, measured from the centre line of joint partitions and from outside wall faces. (10) "Laundromat" shall mean a self-serve clothes washing establishment containing one or more washers and drying, ironing, finishing or other incidental equipment. (11) "Light Manufacturing Plant" shall mean a manufacturing plant used for: (a) The production of apparel and finished textile products other than the production of synthetic fibres. (b) Printing or duplicating. XX/19 Page 3 The manufacture of finished paper and allied products other than the processing of wood pulp. The production of cosmetics, drugs and other pharmaceutical supplies. (e) The manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components. (12) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as a 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. (13) "Lot Area" shall mean the total horizontal area within the lot lines of the lot. (14) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on a lot. (15) "Manufacturing Plant" shall mean a building or part of a building in which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, repairing, ornamenting, finishing, cleaning, polishing, washing, packing, adapting for sale, breaking up or demolishing_ the said article. (16) "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, · appliances, furniture or similar items, are repaired or serviced, and includes the regular place of business of a master electrician or a master plumber, but shall not include a retail store, a manufacturing plant, or any establishment used for the service or repair of vehicles. (17) "Office-associated Commercial Establishment" shall mean an establishment providing retail goods or equipment required for the daily operation of a business office or professional office, such as a stationery store, a computer store, or an office furniture store. (18) "Parking Space" shall mean a usable and accessible area, having a minimum width of 2.6 metres and a minimum length of 5.3 metres excluding aisle space and driveways to the parking lot, for the temporary parking of a vehicle. XXXX/19 Page 4 "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 a dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in section 154 (2)(b) of the Municipal Act, S.O. 2001, Chapter 25, as amended from time-to-time, or any successor thereto. (20) "Printing Establishment" shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting. (21) "Restaurant" 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. (22) "Sales Outlet" shall mean a building or a part of a building accessory to a manufacturing plant, a merchandise service shop, a food preparation plant or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products. (23) "Scientific or Medical Laboratory" shall mean a building or part of a building wherein scientific or medical experiments or investigations are systematically conducted, and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations are manufactured or otherwise prepared for use on the premises. (24) "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed, but shall not include a body shop or any establishment engaged in the retail sale of motor vehicle fuels. (25) "Warehouse" shall mean a building or part of a building which is used · primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuff, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use. (26) "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. XXX/19 Page 5 (a) "Front Yard" shall mean a yard extending across the full width of the lot between the front lot line of the lot and the nearest wall of the nearest building or structure on the lot. (b) "Rear Yard" shall mean a yard extending across the full width of the lot between the rear lot line of the lot or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building on the lot. (c) "Side Yard" shall mean a yard extending from the front yard to the rear yard and from the side lot line of the lot to the nearest wall of the nearest building on the lot. (d) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting a reserve on the opposite side of which is located a street. (e) "Interior Side Yard" shall mean a side yard other than a flankage side yard. · 5. Provisions (1) Uses Permitted ("MC-22" Zone) (a) No person shall, within the lands zoned "MC-22" on Schedule. I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Business Office (ii) Dry Cleaning Depot (iii) Dry Cleaning Establishment (iv) Food Preparation Plant (v) Light Manufacturing Plant (vi) Merchandise Service Shop (vii) Office-associated Commercial Establishment (viii) Personal Service Shop (ix) Printing Establishment (x) Restaurant (xi) Sales Outlet (xii) Scientific or Medical Laboratory (xiii) Vehicle Repair Shop (xiv) Warehouse (2) Zone Requirements ("MC-22" Zone): No person shall within the lands designated "MC-22" on Schedule I attached hereto use any lot or erect, alter ·or use any building except in accordance with the following provisions: (3) Page 6 (a) Lot Area (minimum) -0.4 hectares (b) Lot Frontage (minimum) -45 metres · (c) Front Yard (minimum) -12 metres (d) Side Yard (minimum) (i) Interior Side Yard -4.5 metres (ii) Flankage Side Yard -12 metres (e) Rear Yard (minimum) -7.5 metres (f) Lot Coverage (maximum) :--40 percent (g) Building Height (maximum) -12 metres Parking Requirements: (a) There shall be provided and maintained on the lot a minimum of 3.4 parking spaces per 93 square metres of gross floor area for all uses. (b) Sections 5.21.2 (a) and 5.21.2 (b) of By-law 2511, as amended, shall not apply to the lands designated "MC-22" on Schedule I attached hereto. (4) Special Provisions: (a) A sales·outlet shall be permitted only if accessory to a food preparation plant, a light manufacturing plant, a merchandise service shop, a printing establishment, or a warehouse, provided the gross leasable floor area of the sales outlet does not exceed 20 percent of the gross leasable floor area of the food preparation plant, light manufacturing plant, merchandise service shop, printing establishment or warehouse. (b) A dry cleaning depot shall be permitted only if accessory to a dry cleaning establishment, provided the gross leasable floor area of the dry cleaning depot does not exceed 20 percent of the gross leasable floor area of the dry cleaning establishment. (c) The maximum aggregate gross leasable floor area shall be: (i) (ii) (iii) for all office-associated commercial establishments on the lot: for all personal service shops on the lot: for all restaurants on the lot: 500 square metres 500 square metres 400 square metres By-law No. XXXX/19 Page 7 6. By-law 2511 By-laws 941 /79 and 2642/88, as they each apply to the area set out in Schedule I attached to this By-law, are hereby repealed. By-law 2511, 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. Qefinitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. 7. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XX day of XXXX, 2019. David Ryan, Mayor Susan Cassel, City Clerk Bayly Street '\~'),,~ 61.9m E MC-22 E -.::t: ..--N I'--LO C') 77.2m Schedule I to By-Law XXXX/19 Passed This XX Day of XXXXXX Mayor 0,,.91 Clerk t N -Cdt;b/-P1CKER1NG City Development Department ATTACHMENT #R /4 TO Rf:PORl # _ l~ 01-/g "O ~l J_ --l====ia:'.. Quigley Street 1----1~ .c 0) 1---~~ .rt::== i:5.;-_,__--1_-----l Orangebrook ,__ ___ __, Court -0 ro 0 .~j lu: a';, ril ,~ ,-------(/) Clements Road-.,....--,----, Location Ma File: A 05/18 orporationo Io ceng roll«! (nparju er cense om: ueens n er, nao 111 o aura esources. llriJhls reseNed.;© Her Ma}esty \he Queen In Right of Canada, Department of tlalural Resourcu.AI rights reserved,; g:,Ter.met Enterprises Inc. and Its suppliers alfr!ghh; reserved.;© Mun!c!pal Property Assessment Corporal.Ion and Ila supplers s!I rights reserved.; THIS IS tlOT APLAll OF SURVEY. -Cift;(>f-P1CKER1NG City Development Department ATTACHMENT#_ f1__ TO r,tPurn # ~Nci[-1 q Existing Conditions Plan File No: A 05/18 Existing 1 Slorey Building ±895m' (±9,633.7!1') #981 Existing l Storey Building Other lands Owned by Applicant Appticant: King Mushroom Investments 1735 Property Description: Part of Lot 18, Range 3, Now Parts 1 to 7, Plan 40R-7994 (985 Brock Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: August 20, 2018