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HomeMy WebLinkAboutInformation Report 06-10cis 0� Information Report i i Report Number: 06-10 For Public Information Meeting of ICKERIN Date: April 6, 2010 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter PA 3 Subject: Zoning By-law Amendment Application A 2/10 City Initiated Application 1167 and 1199 Kingston Road South Part of Lot 24, Concession 1 City of Pickering 1.0 Background - in December 2008, the City passed Zoning By-law 6920/08 on the Brookdale Centre Inc. (Brookdale) property located at 1105 Kingston Road to implemeni a City -initiated amendment to the zoning by-law; - this City -initiated zoning by-law amendment shifted the future road alignment on the Brookdale property to indicate only 10.0 metres of the road be illustrated on Brookdale's land with the remaining land for the road coming in the future from the abutting property owned by Pentans Development Limited (Pentans); - Pentans appealed the by-law to the Ontario Municipal Board (OMB); - Minutes of Settlement between Brookdale, Pentans and the City of Pickering were entered into in order to resolve the appeal before the OMB; - the OMB issued its decision on February 12, 2010 and ordered that the appeal be allowed, in part, based on the Minutes of Settlement the Minutes of Settlement included: that Brookdale be required to construct the realign public road and the majority of the road be located on the Brookdale lands; a payment schedule for the cost sharing of the new municipal road; a timing schedule for Pentans to convey land to the City of Pickering for public road allowance; that the City of Pickering initiate a zoning amendment for the Pentans lands to permit additional commercial uses on the property; 2.0 Property Location and Description - the subject property is located on the south side of Kingston Road east of the intersection of Walnut Lane (see Location Map, Attachment #1); - the subject property has frontage along, and access from Kingston Road (see Applicant's Site Plan, Attachment #2); - the subject property has a lot area of approximately 1.8 hectares; - there are two one storey buildings containing independent_ tenants used predominantly for the purposes of an automobile service centre and automobile sales; Information Report No. 06-10 Page 2, abutting uses surrounding the subject property are: o commercial plazas to the south, west and east, residential and commercial buildings to the north on the opposite side of Kingston Road. 3.0 Proposed Zoning - one of the requirements of the Minutes of Settlement was that the City initiate an amendment to the existing zoning by-law for the Pentans' property to permit additional commercial uses; . - the existing zoning permits a garage, restaurant and financial institution uses and these uses are to continue; - the proposed additional commercial uses being put forward with this application are: business office; . convenience store; furniture and major appliance store; personal service shops; professional office (non-medical); service store, and; retail store; - the proposed zoning includes restrictions that no drive-thru uses will be permitted and the combined total gross leasable floor area for all uses other than a garage use shall not exceed 25 percent. 4.0 Official,Plan and Zoning 4.1 Provincial Growth Plan Places to Grow (the Provincial Growth Plan for the Greater Golden Horseshoe) requires intensification of land uses within municipalities' built boundaries; Kingston Road is being considered as an Intensification Corridor within the City of Pickering; Intensification Corridors will have the potential to provide a focus for high density mixed use development; 4.2 Durham Regional Official Plan designates the subject lands as "Living Areas"; - areas designated as "Living Areas" are intended to be predominantly used for housing purposes, and may include limited office, retail and personal service uses; - in consideration of development applications in "Living Areas" the intent of the Plan is to achieve a compact urban form, including intensive residential, office, retail and service and mixed uses along arterial roads and in conjunction with, present and potential transit facilities; W Information Report No. 06-10 Page 3 Kingston Road where it abuts the subject lands is designated as a "Type B Arterial Road" and as a "Regional Corridor; the proposal appears to conform to the Durham Regional Official Plan; 4.3 Pickering Official Plan- - the Pickering Official Plan designates the subject lands as "Mixed Use Area — Mixed Corridors' - permissible uses within Mixed Use Area — Mixed Corridors Area" include, amongst others, a variety of uses including residential, retailing of goods and services, offices and restaurants; "Mixed Use Areas" are intended to have the widest variety.of uses and highest level of activities in the City when compared to other designations; - the subject lands are within the Town Centre Neighbourhood of the Official Plan; the Pickering Official Plan encourages the highest mix and intensity of uses and activities in the City to be in this neighbourhood; the subject lands are within a Detailed Review Area and the City has adopted the Town Centre West Development Guidelines (see Section 4.4); - the Plan designates Kingston Road as a Type B Arterial Road', which are designed to carry moderate volumes of traffic at moderate speeds and have some access restrictions;. the Plan also recognizes Kingston Road as a transit spine, where a higher level of transit service is to be encouraged within the City's urban area; the proposal to add additional commercial uses will be assessed against the policies and provisions of the Pickering Official Plan as part of reviewing this application; 4.4 Town Centre West Development Guidelines the Town Centre West Development Guidelines (TCWDG) envision a mixed-use neighbourhood which is intended to result in a self-sustaining neighbourhood over the long term; these uses include: residential, office, and retail commercial. uses, as well as public and natural open spaces; although the subject property is located within the TCWDG boundaries, the subject property was not part of the original Town Centre West Study Area; 4.5 Zoning By-law 3036 the subject property is zoned "C3(S)" — Highway Commercial Specific Zone by By-law 652/77; uses permitted include a garage, restaurant and financial institution; the combined floor area of any restaurant and financial institution shall not exceed 15 percent of the total gross floor area of all buildings on-site. Information Report No. 06-10 Page4 31 5.0 Results of Circulation 5.1 Resident Comments - none to date; 5.2 Agency Comments - none to date; 6.0 Discussion as this application is a City initiated application as a result of Minutes of Settlement to an appeal, the Planning & Development Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and public. 7.0 Procedural Information - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; any member of the public who wishes toreserve the option to appeal Council's decision, you 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, you, must request such in writing to,the City Clerk. 8.0 Other Information 8.1 Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of. writing report; Information Report No. 06-10 Page 5 8.2 Information Received as this application is a City .initiated .application as a result of Minutes of Settlement of an OMB appeal no technical reports have been prepared for this application; the need for additional information and/or technical reports will be determined through the review and circulation of the application; 8.3 Company Principal - the application is a City Initiated Zoning By-law Amendment; - for information purposes, the owner of the subject property is Pentans Developments Limited which is represented by Adrian Trembling; - David C.K. Tang, of Gowling Lafleur Henderson LLP, is the solicitor representing Pentans Developments Limited.. Ashley Yea oqd// Ross Pym Planner I I (Acting) Manager, Development Review Attachments Copy: Director, Planning & Development Appendix No. I to information Report No. 06-10 Commenting Residents and Landowners. (1) ' none to date Commenting Agencies (1) none to date Commenting City Departments (1) none to date 33 ATTACHMENT# / TO 34 INFORMATIONREPORT# D(o-i0 .0 \l lll1IIIA //— _ __ —_ � i�1��,��=I - = 1111- 11111111:(1111 �� o��♦ , =_ - - -• .� 1►����,♦ � ,,v� j�� - _ - Illlllllllllll� �;��..•�� � I.1%/ /, lllllllll �,��,►p�►_ IS ��.• II�IIIIIIIIIIIIII 1111 .. ...� i -= IIIIIIIIIIIIIII' — ,;►"� e__ . �,���� �► -- ,, .............. RUN �. :............. ATTACHUENTO 2- TO INFOWTION REPORTO Information Compiled from Site Plan 35 A2/10 City of Pickering on Behalf of Pentans Developments Ltd. This map was produced by The City a Pickering Planning & Development Department, Planning Information Services Division MappingAnd Design, Mar. 2, 2010