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Information Report 05-19
-C~o/- p](KERJNG Information Report to Planning & Development Committee From: Catherine Rose, MCIP, RPP Chief Planner Report Number: 05-19 Date: March 4, 2019 Subject: Zoning By-law Amendment Application A 12/18 Stuart Mark Galvin and JMPM Holdings Ltd. Lot 19, Range 3 BFC, Now Part of Part 1, 40R-10527 and Part 1, 40R-8832 (1635 Bayly Street) 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding an application for Zoning By-law Amendment, submitted by Stuart Mark Galvin and JMPM Holdings Ltd., to expand the list of permitted uses on the subject lands. 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. The 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 decision 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 lands are located on the south side of Bayly Street, west of Brock Road within the Brock Industrial Neighbourhood (see Location Map, Attachment #1). The subject lands comprise two properties having a combined area of approximately 2.7 hectare with approximately 210 metres of frontage along Bayly Street and approximately 75 metres of frontage along Dillingham Road. · In 2012 the City issued Site Plan Approval, along with subsequent amendments in 2015 and 2017 to facilitate the development of the subject lands for seven separate buildings. The subject property supports three industrial/commercial buildings, and future phases include an additional four buildings to be constructed at a later date (see Site Plan, Attachment #2). Information Report No. 05-19 Page 2 The table below summarizes the total gross floor area of the existing and future buildings, and the uses currently occupied within the existing buildings. Gross Floor Area Existing Uses Building 'A' 187 square metres A restaurant (Harvey's) with a drive-through facility Building 'B' 364 square metres A restaurant (St. Louis Bar and Grill) and a personal Service Shop (Pretty Girl Lounge) Building 'C' 427 square metres To be constructed Building 'D' 595 square metres To be constructed Building 'E' 5,245 square metres To be constructed Multiple·units occupied by a printing establishment (The Printing House), a professional office Building 'F' -1,177 square metres (mortgage office), chiropractor, commercial club (I Love Kickboxing), and Madison Homes condominium sales office. There are currently two vacant units. Building 'G' 889 square metres To be constructed Upon completion, a total of 300 parking spaces are·to be provided. Vehicular access for the site is a restricted right-in/right-out access on Bayly Street, a full-movement access on Bayly Street opposite Salk Road, and a full-movement access on Dillingham Road. Surrounding land uses include (see Air Photo Map, Attachment #3): North: Across Bayly Street is the Pickering Playing Fields sports and entertainment complex, Pickering Fire Station #5, and various industrial/commercial buildings containing a mix of automotive related stores and services. East: To the east along Bayly Street is a vehicle sales establishment and vacant lands that were previously occupied by an automobile service station. Along the north side of Dillingham Road is a mix of industrial/commercial buildings. South: Immediately to the south is an outdoor storage facility of equipment and trailers and further south across Dillingham Road is a Bingo hall. _ West: To the west is the Hydro Corridor, and further west is a mix of industrial/commercial uses along the south side of Bayly Street. 3. Applicant's Proposed Amendments The applicant is requesting to amend the existing zoning for the subject lands to permit additional uses on the site, and to make certain changes to the existing Special Regulations of the site-specific zoning by-law. The intention of the rezoning application is to create greater flexibility for leasing within the approved buildings. The current proposal does not seek to make any changes to the existing and future buildings, vehicular access, or parking area. Should this change, a Site Plan Application will be required. Information Report No. 05-19 Page 3 The table below provides a summary of the existing and proposed (in bold) uses, as well as the location of the existing and proposed uses on the subject property. Existing Schedule I to Zoning By-law 6974/09, as amended b Zonin B -law 7519/16 Proposed Revision to Schedule I .... 0 -0 'E 0 0 e -0 >, I Uses permitted in only Horizontally Hatched area Uses permitted in only Cross Hatched area Uses permitted in only Diagonally and Horizontally Hatched areas Uses permitted in All Areas .... 0 -0 'E 8 e Bayly Street ham Road -g, 1----------< I • day care centre • banquet facility • commercial club • exhibition hall • place of amusement or entertainment • convenience store • financial institution • restaurant -type A • bakery • commercial school • food preparation plant • light manufacturing plant • office-associated commercial establishment • rental establish • scientific, medical or research laboratory • warehouse • art gallery/studio • private school • club • commercial-recreational establishment • place of assembly • place of worship • dry cleaning depot • personal service shop • retail store • business office • dry cleaning establishment • light machinery and equipment supplier • merchandise service shop • professional office • sales outlet • vehicles sales establishment • animal boarding establishment • auction and estate sales house Information Report No. 05-19 Page 4 The applicant is also proposing the following modifications to the Special Regulations of the site-specific zoning by-law: • permit Sales Outlets accessory to an Auction and Estate Sales House • increase the maximum number of permitted Restaurants -Type A from three to five • increase the maximum aggregate gross. floor area for Restaurants -Type A from 1,000 square metres to 1,300 square metres • cap the aggregate gross leasable floor area for Retail use to a maximum of 10 percent of the aggregate gross leasable floor area of buildings and a maximum of 500 square metres per single Retail use • allow for one Place of Amusement or Entertainment use with a maximum gross leasable floor area of 150 square metres on the northerly half of the subject lands fronting Bayly Street The applicant is also requesting that the intersection of Bayly Street, Salk Road and the existing full-movement access to the site be signalized in the future. The applicant's transportation consultant has indicated that the full build-out of the site will trigger the need for a signalized intersection so that vehicles can enter and exit the site, and Salk Road, without significant delay. 4. Policy Framework 4.1 Durham Region 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. Employment areas allow for a range of employment uses, which include: manufacturing; assembly and processing of goods; service industries; research and development facilities; warehousing; offices and business parks; hotels; storage of goods and materials; and freight transfer and transportation facilities. Designations in the respective area municipal official plan will further identify the appropriate locations for these uses. 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 the designated Employment Area, and no single use shall exceed 500 square metres. Furthermore, Retail sales as a minor ancillary component of an industrial operation may be permitted, subject to the inclusion of appropriate provisions in the Pickering Official Plan and/or Zoning By-law. Residential uses, nursing and retirement homes, elementary and secondary schools, and places of worship are not permitted in Employment Areas. However, other sensitive uses may be permitted as an exception, by amendment to Pickering's zoning by-law subject to compatibility. Bayly Street is designated as a Type 'A' Arterial Road and is also identified as a Rapid Transit Spine in the ROP. Type 'A' Arterial Roads are designed to carry large volumes of traffic at moc:Jerate to high speeds, having some access restrictions and generally have a right-of-way width ranging from 36 to 45 metres. Roads identified as Rapid Transit Spine are recognized for planning High Occupancy Vehicle (HOV) lanes or buses in mixed traffic, with transit signal priority at major intersections and other measures to ensure fast and reliable transit service. Information Report No. 05-19 Page 5 4.2 Pickering Official Plan The subject lands fall within two separate land use designations. The northerly half of the subject lands along Bayly Street is designated as "Employment Areas -Mixed Employment", and the southerly half along Dillingham Road is designated as "Employment Areas -General Employment". The site-specific zoning by-law permits select uses on the north and south parcels to align with the corresponding Official Plan land use designation and the applicable policies. Lands designated as Mixed Employment are located generally along arterial roads that provide for a broad range of employment uses, including light manufacturing, warehousing, offices and other supportive service commercial uses such as limited personal service uses, restaurants, and limited retailing of goods and services serving the area. Lands designated as General Employment are located within the interior of the City's employment areas, and typically permit uses that are associated with the heaviest industrial uses and outdoor storage, and potential noise, vibration, odour or dust emissions. Uses permitted in this designation include, but are limited to, manufacturing; assembly; processing of goods; service industries; offices as a minor component of an industrial operation or serving the area; limited personal service uses serving the area; restaurants serving the area; retail sales as a minor component of an industrial operation; and community, cultural and recreational uses. The employment area policies within the ROP are more current and restrictive, and any amendments shall be in conformity with the ROP. The subject application will be further assessed against the policies and provisions of the Regional Official Plan and the City's Official Plan during the further processing of the rezoning application. 4.3 Zoning By-law 2511, as amended The subject lands are zoned "MC-21" within Zoning By-law 2511, as amended by Zoning By-laws 6974/09 and 7519/16. The zoning permits a range of employment and service commercial uses within certain locations on the subject lands. As noted in Section 3 of this report, the applicant is seeking a site-specific zoning by-law amendment to expand the list of permitted uses on the subject lands and modify specific regulations. 5. Comments Received 5.1 Residents Comments As of the writing of this report, no comments or concerns have been received from the public. 5.2 Agency Comments 5.2.1 Region of Durham -Planning Department As of the writing of this report, no comments or concerns have been received from the Region of Durham Planning and Economic Development Department. Information Report No. 05-19 5.3 City Departments Comments 5.3.1 Engineering Services As of the writing of this report, no comments or concerns have been received from Engineering Services. 6. Planning & Design Section Comments Page 6 The following is a summary of key concerns/issues or matters of importance raised to date. These matters, and others identified through the circulation and detailed review of the proposal, are required to be addressed by the applicant prior to a final recommendation report to Planning & Development Committee: • ensuring the additional requested uses and the existing permitted uses are consistent with the policies of the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe and the Durham Regional Official Plan • ensuring the additional uses, which are primary non-industrial/service commercial uses, do not erode the industrial function of these lands • assessing whether introducing sensitive lands uses (private school and daycare) will negatively impact, or be negatively impacted by, the existing surrounding industrial uses, industrial uses permitted by the City's Official Plan, and permitted as-of-right under the current zoning by-law • assessing the location of the proposed day care centre and private school, immediately adjacent to an existing outdoor storage facility • assessing whether some uses permitted by the current zoning on the site need to be deleted to achieve conformity with _the Durham Regional Official Plan • ensuring the Region of Durham concurs with the recommendations of the submitted Transportation Brief, particularly the future signalization of the intersection of Bayly Street, Salk Road and the existing full-movement access to the site • ensuring the applicant makes appropriate arrangements with either the City or the Region regarding the future signalization of the intersection of Bayly Street, Salk Road and the existing full-movement access • assessing whether the existing parking supply is sufficient to accommodate the mix of existing and proposed uses • further issues may be identified following receipt and review of comments from the circulated departments, agencies and public The City Development Department will conclude its positon on the application after it has received and assessed comments from the circulated departments, agencies and public. 7. Information Received Full scale copies of the plans and studies listed below are available for on line viewing at pickering.ca/devapp or in person at the office of the City of Pickering, City Development Department: . • Application form to Amend Zoning By-law completed by the applicant, dated September 20, 2018 • Planning Rationale Report, prepared by The Biglieri Group, dated September 2018, revised January 2019 Information Report No. 05-19 • Transportation Brief, prepared by WSP Canada Group Limited, dated September 7, 2018 • Transportation Brief Update, prepared by WSP Canada Group Limited, dated January 31, 2019 Page 7 • Land Use Compatibility Assessment, prepared by Rubidium Environmental, dated September 28, 2017 • Phase One Environmental Site Assessment, prepared by WSP Canada Group Limited, dated November 13, 2018 • Conceptual Site Plan, prepared by The Biglieri Group, dated December 11, 2018 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 or makes a decision on the Draft Plan of Subdivision • 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 Stuart Mark Golvin; JMPM Holdings Ltd. and is represented by The Biglieri Group Ltd. Attachments 1. Location Map 2. Site Plan 3. Air Photo Map Information Report No. 05-19 Prepared By: ) S rti, CIP , RPP Manager, Development Review & Urban Design FC:NS:ld Date of Report: February 13, 2019 Approved/Endorsed By: Catherine Rose, MCIP , RPP Chief Planner Page 8 ~ ~-;f ;a ll1 0 0 ~~ --I I " "' 0 "' -"' <ii Hydro (J) Plummer Street Corridor " "' 0 "' © u C -~ f-- ~ ;i; - / ' Bayly Street I -~ ~ ' Subject ~ :~ [D -a " Lands v'v'v' " v'v' •'V'VV\. ?i / ) \ I -Cdt;•/- PICKERING City Development Department ,/ """ " © ~A 0. ~vvv \ \ \ v'v'v' v'v'v' / " "' 0 "' E Hydro "' .,, Corridor ~ Orangebrook Court 6 Don Beer Arena ' Quiglev Str:e_e_t f Location Ma File: A 12/18 Applicant: Stuart Mark Galvin and JMPM Holdin s Ltd 40R-10527 and Part 1, 40R-8842 (1635 Bayly Street) Date: Feb. 11, 2019 I ,';his ~~•o;~•.:.; ~:, J:')e:ty ~•~:.~:;i~hl~:, ~:~.~ •. ~';:~~:,,i°:'Notu~•t:..,::~. ~•~;~. ~=-~d.; •un ooourooo. SCALE: 1 : 5 1 QQQ Toranol En!orpr!,os lno, and IIO ouppi;e,_ oll rlghlo ,.HNed,;() Munlclpol Po>pe,ty ........... r,t Corl)Orat;,n and lo oupplion, oil right, , .. orvod.: WIS 1$ NOT A PLAN OF SURVEY. / - -~c/- PlCKERlNG City Development Department Air Photo Map File: A 12/18 Applicant: Stuart Mark Gelvin and JMPM Holdin s Ltd 40R-10527 and Part 1 , 40R-8832 (1635 Bayly Street) Date: Feb . 11, 2019 SCALE : 1 :5 ,0 00 THIS IS NOT A PLAN OF SURI/EV. -·' -Ci~of-p](KER]NG City Development Department L:\Planning\Corel\Planning\Apps\A\2018 ✓~, f,'"t .1 .J :._ V BAYLY_STREET .y;, .... --·~ -C,,.,.E) ~ -~".e"!:• , . . • Building 'C' r ~ • • i fy _ QJ I~ 11 i 111111·11 I I O I I I.Ir 1111111 rn Building 'F' Building 'E' ------~-. -~~-------!--• Submitted Conceptual Site Plan File No: A 12/18 Applicant: Stuart Mark Golvin; JMPM Holdings Ltd '. .:: ~ _Eb_ -r __ :J __ _ i . 7 . "I . I . I . I . I . ::1 ij Property Description: Lot 19, Range 3, BFC, Now Part of Part 1, 40R-10527 and Part 1, 40R-8832 ( 1635 Bayly Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Feb. 5, 2019