HomeMy WebLinkAboutPD 11-03
Ciú/ a~
REPORT TO
PLANNING COMMITTEE
Report Number: PD 11-03
Date: February 28, 2003
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 15/02
Metstar Holdings Ltd.
1211 Kingston Road
City of Pickering
Recommendation:
1.
That Zoning By-law Amendment Application A 15/02, be APPROVED, to permit
personal service shop and off-track betting teletheatre as additional uses,
submitted by Metstar Holdings Ltd., for 1211 Kingston Road, being Part of Lot 24,
Concession 1, City of Pickering.
2.
That the amending zoning by-law to implement zoning By-law Amendment
Application A15/02, set out in Appendix No. I to Report Number PO 11-03 be
forwarded to City Council for enactment.
Executive Summary: The applicant is proposing to amend the Zoning By-law to
permit a personal service shop and an off-track betting teletheatre as additional uses on
the subject property (see Location Map - Attachment #1).
The proposed uses conform to the City of Pickering Official Plan and the Durham
Region Official Plan. The subject property is suitable for the proposed uses. It is
recommended that Zoning By-law Amendment Application A 15/02, to permit the proposed
additional uses, be approved.
Financial Implications:
proposed development.
No direct costs to the City are anticipated as a result of the
Report PO 11-03
Subject: MetStar Holdings Ltd. (A 15/02(R))
Date: February 28, 2003
Page 2
Background:
1.0
Comments Received
1.1
At the January 16, 2003 Information Meeting
No one appeared before Committee in opposition to the application. Heinz Mertins
(agent for the applicant) appeared before Committee to answer any questions
(see text of Information Report and Meeting Minutes, Attachments #2 and #3).
1.2
Following the Information Meeting:
No written comments were received from the public.
1.3
Agency Circulation
Agency comments received to date indicate no objections to approval of the
application (see Attachment #4).
1.4
City Department Comments
Pickering Fire Service requests that the existing buildings meet Ontario
Building and Fire Codes.
2.0
Discussion:
2.1
Background of proposed uses
Personal service shop uses (Extreme Tattoo, Classique Nail Salon) have existed
on the subject property for some time, without the necessary approvals from the
City of Pickering. Classique Nail Salon applied for a permit in 1995, but was
advised by City Staff that the use was not permitted. After a complaint was
received in early 2002 regarding Extreme Tattoo, Municipal Law Enforcement
informed the property owner that a personal service shop use was not permitted
under the current zoning. An application to amend the Zoning By-law to permit
the use was submitted in July, 2002.
Off-track betting teletheatres are licensed by the Ontario Racing Commission
(ORC), to owners and operators of racing tracks in Ontario. We understand that
an off-track betting teletheatre has operated at the subject property (separately
and as accessory to a restaurant), for approximately nine (9) years without
necessary approvals from the City of Pickering. An off-track betting teletheatre
was first established in June, 1994, as part of 'Mud hen's Tap & Grill', in Building
'A' (see Attachment #5). It was then relocated in April, 1996, as a separate
establishment called 'Wire to Wire', in Building 'B'. The off-track betting teletheatre
moved back to 'Mud hen's Tap & Grill', in January, 2002. Each teletheatre operated
under different ownership.
Report PO 11-03
Subject: MetStar Holdings Ltd. (A 15/02(R))
Date: February 28, 2003
Page 3
In December, 2002, the owner of the proposed 'Dead Heat' off-track betting
teletheatre applied for a building permit and requested inspections for a new
teletheatre in Building 'B'. At that time, City staff advised the applicant that the
use was not permitted under the Zoning By-law, and should be included in the
rezoning application.
2.2
The proposed uses conform to the Pickering Official Plan
The subject property is designated "Mixed Use Area" in the Pickering Official
Plan. The "Mixed Use Area" designation permits the proposed uses to be
considered for approval. The subject property is located within the "Town Centre
Neighbourhood". Lands within the "Town Centre Neighbourhood" are intended
to be for the highest mix and intensity of uses and activities. Approval of the
application to amend the Zoning By-law would implement the Pickering Official
Plan designation. The Durham Region Planning Department advises that the
proposed uses appear to be in conformity with the Durham Region Official Plan.
2.3
The subject property is suitable for the proposed uses and is compatible
with surrounding land uses
The proposed uses of personal service shop and off-track betting teletheatre
have existed on the subject property for several years. During that time, only
one complaint was received regarding the personal service shop, which
prompted the application to amend the Zoning By-law to permit the use. The
proposed uses are compatible with surrounding land uses. Parking can be
appropriately accommodated on-site.
2.4
Proposed By-law will update definitions and add uses
Should the application to amend the Zoning By-law be approved, the
implementing by-law should include definitions for each of the proposed
additional uses, and include provisions which recognize the relief provided by
previous minor variance decisions, and limit the aggregate of the gross floor area
for all off-track betting teletheatres.
Off-track betting teletheatres are licensed under Provincial legislation. Places of
amusement or entertainment are licensed under a City of Pickering By-law. A
teletheatre use does not meet the definition of a place of amusement or
entertainment. Therefore, a new and separate definition for a teletheatre should
be included in the implementing by-law. The standard definition for personal
service shop should also be included.
Four minor variances have been granted for the subject property. The relief
granted through the previous minor variance decisions include: (i) reduction of
minimum required rear yard depth to 0.91 metres; (ij) reduction of minimum
required front yard depth to 4.0 metres; (iii) reduction of minimum required
parking to 162 spaces; and (iv) permission for outdoor storage of 3 rental
vehicles.
Report PD 11-03
Subject: MetStar Holdings Ltd. (A 15/02(R))
Date: February 28, 2003
Page 4
It is recommended that the attached draft By-law be passed to implement
approval of the application (see Appendix No. I), incorporate previously approved
variances, and update zoning definitions.
3.0
Applicant's Comments:
The applicant is aware of the recommendations of this Report.
APPENDIX:
Appendix I: Draft Implementing By-law
Attachments:
1.
2.
3.
4.
5.
Location Map
Site Plan compiled from Applicant's Submitted Plan
Information Report, Statutory Public Meeting, June 19, 2002
Minutes from Statutory Public Meeting, June 19, 2002
Comments from Durham Region Planning Department
Prepared By:
Approved / Endorsed By:
EB/L T:jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
,~
..
APPENDIX I TO
REPORT NUMBER 11-03
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 15/02
APPENDIX I TO
REPORT NUMBER 11-03
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 15/02
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER
T
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering District
Planning Area, Region of Durham, in Part of Lots 23 and 24,
Concession 1, in the City of Pickering. (A 15/02)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit certain restricted light industrial uses, certain special purpose commercial uses
and certain retail uses, in Part of Lots 23 and 24, Concession 1, in the City of
Pickering;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1.
2.
3.
4.
SCHEDULES I, II, and III
Schedules I, II, and III attached to this By-law with notations and references
shown thereon are hereby declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lots 23 and 24
Concession 1, in the City of Pickering, designated "SPCI-1" on Schedule I
attached hereto.
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.
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)
"Bodv Shop" shall mean an establishment in which motor vehicle bodies
are repaired and / or painted;
(3)
"Build-to-Zone" shall mean an area of land within which all or part of a
building or buildings are to be located;
(4)
"Business .Office" shall mean a building or part of a building in which the
management or direction of 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;
- 2 -
(5)
"Commercial Recreational Establishment" shall mean a commercial
establishment in which indoor recreational facilities such as bowling
alleys, miniature golf courses, roller skating rinks, squash courts,
swimming pools and other similar indoor recreation facilities are provided
and operated for gain or profit, and which may include an arena or
stadium but shall not include a place of amusement or entertainment, as
defined herein, or games arcade, as defined herein;
(6)
"Financial Institution" shpll mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(7)
"Floor Area" shall mean the aggregate of the floor areas of all storeys
above grade, but shall exclude the floor area of any parts of the elevators,
and any part of the building below established grade other than that used
for retail commercial or office purposes;
(8)
"Food Preparation Plant" shall mean a building or part of a building in
which process food products are cooked, baked, mixed, packaged or
otherwise prepared for distribution to retail or institutional outlets;
(9)
"Frozen Food Shop" shall mean a building or part of a building which is
used primarily for the purpose of the distribution, preparation or sale of
prepared or processed foods;
(10)
"Furniture and Major Appliance Sales" shall mean an establishment in
which furniture, major appliances or both of them are stored, offered and
kept for wholesale or retail sale;
(11 )
"Games Arcade" shall mean any building, room, or area in which facilities
are offered for the play of
(a) three or more games of chance,
(b) three or more games of mixed chance and skill,
(c) a combination of three or more games of chance and games of
mixed chance and skill,
for the amusement of the public, which games are not contrary to the
Criminal Code of Canada, but shall not include a place of amusement or
entertainment, as defined herein;
(12) "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;
(13)
"Home Improvement Centre" shall mean a building or part of a building
used for the display, wholesale and retail sale of building materials,
hardware or accessories, including lumber;
(14) "Jewellery Store" shall mean a building or part of a building which is used
for the purpose of the distribution, manufacturing, repair, or sale of
jewellery such as rings, necklaces, watches and gems;
(15)
(16)
"Liqht Machinery and Equipment Supplier" shall mean a building or a part
of a building in which office furniture and machines, carpet and drapery
cleaning equipment, painting, gardening and plumbing equipment, small
hand power tools and similar products are stored, offered or kept for
wholesale or retail sale to industrial or commercial establishments;
"Liqht Manufacturinq 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;
- 3 -
(c)
the manufacture of finished paper other than the processing of
wood pulp;
(d)
the production of cosmetics, drugs and other pharmaceutical
supplies; or
(e)
the manufacture of finished lumber products, light metal products,
electronic products, plastic ware, porcelain, earthenware, glassware or
similar articles, including but not necessarily restricted to, fumiture,
housewares, toys, musicals instruments, jewellery, watches, precision
instruments, radios and electronic components;
(17)
(a) "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;
(b) "Lot Coveraqe" shall mean the percentage of lot area covered by all
buildings on the lot;
(18)
"Off-Track Bettinq Teletheatre" shall mean a building or part of a building
in which a facility, licensed under the Ontario Racing Commission Act, or
any successor thereto, which operates wagering and provides live audio
visual signals of direct, simulcast horse racing, and which provides food
and beverages as an accessory use, but shall not include a Place of
Amusement or Entertainment, as defined herein, or Games Arcade, as
defined herein, or a room or an area used for any video lottery terminal
use as governed by the Alcohol and Gaming Regulation and Public
Protection Act, or any successor thereto;
(19)
"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
the Municipal Act, as amended, or any successor thereto;
(20)
"Place of Amusement or Entertainment" shall mean a building or part of a
building in which facilities are provided for amusement or entertainment
purposes, and which may include a billiard or pool room, a dance hall, a
music hall, or theatre, but shall not include a games arcade, as defined
herein, or an adult entertainment parlour, as defined herein;
(21 )
"Place of Assembly" shall mean a building or part of a building in which
facilities are provided for civic, educational, political, recreational, religious
or social meeting purposes and may include facilities for entertainment
purposes such as musical and theatrical performances, but shall not
include a place of amusement or entertainment, or games arcade as
defined herein;
(22)
"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, as amended,
or any successor thereto;
(23)
"Restaurant - Type B" shall mean a building or part of a building where
food is prepared or offered or kept for retail sale to the public for
immediate consumption in the building or buildings on the premises only,
but shall not include an adult entertainment parlour, as defined herein;
5.
-4-
(24)
"Vehicle Repair Shop" shall mean an establishment containing facilities for
of vehicle fuels; the repair and maintenance of vehicles on the premises,
in which vehicle accessories are sold and vehicle maintenance and repair
operations are performed in return for remuneration, but shall not include
a body shop or any establishment engaged in the retail sale
(25) "Vehicle Sales or Rental Establishment" shall mean an establishment in
which its main use is the sale, service, rent or lease of vehicles, and which
may include ar] accessory vehicle repair shop, but shall not include any
establishment engaged in the retail sale of vehicle fuels;
(26)
"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-stuffs,
substances, articles or things, and may include the premises of a
warehouseman but shall not include a fuel storage tank except as an
accessory use;
(27)
"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;
(a)
(b)
"Front Yard" shall mean a yard extending across the full width of a
lot between the front lot line of the lot and the nearest wall of the
nearest main building or structure on the lot;
(c)
"Front Yard Depth" shall mean the shortest horizontal dimension of
a front yard of a lot between the front lot line and the nearest wall
of the nearest main building or structure on the lot;
(d)
"Rear Yard" shall mean a yard extending across the full width of a
lot between the rear lot line of the lot or, where there is no rear lot
line, the junction point of the side lot lies, and the nearest wall of
the nearest main building or structure on the lot;
(e)
"Rear Yard Depth" shall mean the shortest horizontal dimension of
a rear yard of a lot between the rear lot line 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 or structure on the lot;
(f)
"Side Yard" shall mean a yard of a lot 'extending from the front yard
to the rear yard and from the side lot line to the nearest wall of the
nearest main building or structure on the lot;
(g)
"Side Yard Width" shall mean the shortest horizontal dimension of
a side yard of a lot between the side lot line and the nearest wall of
the nearest main building or structure on the lot;
(h)
"Flankaqe Side Yard" shall mean a dies yard immediately adjoining
a street or abutting on a reserve on the opposite side of which is a
street;
(i)
"Interior Side Yard" shall mean a dies yard other than a flankage
side yard;
(1 )
PROVISIONS
Uses Permitted ("SPCI-1" Zone)
No person shall, within the lands zoned "SPCI-1" 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:
- 5-
(a) Body shop
(b) Business office
(c) Commercial-recreational establishment
(d) Financial institution
(e) Food preparation plant
(f) Frozen food shop
(g) Furniture and major appliance sales
(h) Home improvement centre
(i) Industrial or commercial equipment suppliers
U) Jewellery store
(k) Light manufacturing plant
(I) Off-track betting teletheatre
(m) Personal service shop
(n) Place of assembly
(0) Professional office
(p) Restaurant-type B
(q) Vehicle repair shop
(r) Vehicle sales or rental establishment
(s) Warehouse
(2)
Zone Requirements ("SPCI-1" Zone)
No person shall within the lands designated "SPCI-1" on Schedule I
attached hereto use any lot or erect, alter or use any building except in
accordance with the following provisions:
(a) BUILDING RESTRICTIONS
(i)
LOT AREA (minimum):
(ii) LOT FRONTAGE (minimum):
(iji) YARD REQUIREMENTS (minimum):
(iv) BUILDING HEIGHT (maximum):
(v) OPEN STORAGE:
(vi) LOT COVERAGE (maximum):
(b) PARKING REQUIREMENTS
(i)
0.5 hectares
30.0 metres
as illustrated on
Schedule II to this
By-law
12.0 metres
no open storage
shall be permitted in
any yard.
33 percent
For the purpose of this clause, "Parking space" shall mean a
usable and accessible area of not less than 2.6 metres in width
and not less than 5.3 metres in length for the temporary parking
of a vehicle, but shall not include any portion of a parking aisle or
driveway;
(ii) A minimum of 162 parking spaces shall be provided and
maintained on the lot.
(iii) A minimum of 3 parking spaces shall be provided for the outdoor
storage of rental vehicles;
(c) SPECIAL REGULATIONS
(i)
The location of points of street access to lands designated
"SPCI-1" on Schedule I to this By-law, shall be restricted to that
area designated "access" on Schedule I to this By-law;
- 6 -
(ii) The aggregate of the gross floor area of all buildings on the lot
shall not 3500 square metres;
(iii) The aggregate of the gross floor area of all restaurants-type B on
the lot shall not exceed 700 square metres;
(iv) The aggregate of the gross floor areas of all business offices
and professional offices on the lot shall not exceed 2,000 square
. metres;
(v) The aggregate of the gross floor areas of all off-track betting
tele-theatres on the lot shall not exceed 250 square metres;
(vi) Business offices and professional offices shall be permitted only
on the land diagonally-hatched on Schedule III to this By-law;
(vii) The aggregate of the gross floor areas of all body shops and
vehicle repair shops on the lot shall not exceed 1,050 square
metres;
(viii) Body shops and vehicle repair shops shall be permitted only on
the lands cross-hatched on Schedule III to this By-law;
(ix) The aggregate of the gross floor areas of all jewellery stores and
frozen food shops on the lot shall not exceed 186 square
metres;
(x) Notwithstanding the front yard depth requirements of Section
2(a)(iii) of this By-law, an outdoor patio may encroach into the
required front yard to a maximum of 9.0 metres;
6.
BY -LAW 3036
(1 )
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.
(2)
Definitions and subject matters not specifically dealt with in this By-law
shall be governed by relevant provisions of By-law 3036, as amended.
(3)
By-laws 1787/84, 2970/88, and 3695/91 are hereby revoked in their
entirety.
7.
EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the
approval of the Ontario Municipal Board, if required.
BY-LAW read a first, second, and third time and finally passed this
day of , 2003.
Bruce Taylor, Clerk
////\\ ////'
/ ' /
\ /' \ //
\ / " /
/<'\' \\, ~ /\\(\///
" , \, , /
/ \ \ \ 0 . 'v/
/~, \ \ " ~ \
/' I II ~ ,,<f I \
//-{ \\ \\ ~~ \- / ' \\ . ,,~W>=~
' " \ , ,
<' " \ " r ^ "
\, \, \, '\~\.J \
' \, \, \ \
" " \
" " \ "
\ ' \ \,
\ \ \
\
\
\
\
\
\
\
\0 \ " ---
'-\\PCI-1 '\\\
\
\
\
\
\
\
\
\
iP
~o
o~
¿;;
CJ
~~
-------
------------
--------------
""'\" -
"V^""" -- ------------
", -----
"""""'~--------------------
..
LOT 24
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
40R\6179
\
... \ ~LOT 23
\
\
\
\
l'
tv
,
,
,
SCHEDULE I TO BY-LAW
PASSED THIS
DAY OF 2003
MAYOR
CLERK
...
////---------- ----
//'ì,;
//~O'
/~
/~.
/ ~-r- ,,'f
,/ .j:$ ,"
,/ ',,'f
¡/,/' ,'"
,
,
,
,
,/
//-
BY-LAW 1727/83
:P
4-0
o'f
t}
(j
~~
""""""
"V"".""", -, ,-"..'" ....,...."" ,/,../'/
------------/_.-----
-------------
...
LOT 24
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
..
l'
N
SCHEDULE II TO BY-LAW
PASSED THIS
DAY OF
2003
MAYOR
CLERK
\
\
,/\
// \
/,/ \
\ ,'/ \,
\ / "
/ "
/\ '
/ " \
,/ \,
/' " \
,/ \, \
/" \,
,/ " " \
/' \, \, "
,/ \, \, \
/' " " \
,'/ \ .... .... \
,/ \, \ \,
r' \, \ "
\\.... \"\, \\ .
/'
~
O'
~ ~~
\ ",.
~ ~~
~ Y'/
\ ~CJ'{'
\'{'
\
\
\
~
~Q
Q~
(}
CJ
~~
/'
//'
BY-LAW 1727183
t. ------------
;;\\ ----------------
, -y---
,......,....
"f""""", ---------------------
""""'~----------------
40R\6179
\
. \ ..-- LOT 23
\
\
\
\
...
LOT 24
SCHEDULE ill TO BY-LAW
PASSED THIS
DAY OF
2003
MAYOR
CLERK
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
,
1'\
tv
.
GLENANNA
w
-'
ê§
z
w
-'
C)
RADOM
City of Pickering Planning & Development Department
PROPERTY DESCRIPTION PART OF LOT 23 AND 24, CONCESSION 1
APPLICANT MET-STAR HOLDINGS LTD. DATE AUG 2, 2002
APPLICATION No. A 15/02 SCALE 1:7500
DRAWN BY
RC
l'
CHECKED BY GR
FOR DEPARTMENT USE ONLY
PN-8
PA-
An ACHr!.ENT II ~- TO
REPORl Ii PO 7i .. () .~
INFORMATION COMPILED FROM APPLICANT'S PROPOSED PLAN
A 15/2002
BUILDING A
BJ LD N3
o~Q
~
~O~
..;.\.G'fJ
~\~
B
""'-""-"
--.--........----.--..-....-- -..-----,.__.._N'__'-
¡BUILDING C
~
THIS MAP WAS PRODUCED BYTHE CITY OF PICKERING PLANNING AND
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN SECTION, DECEMBER 19, 2000.
ATTACHMENT" -::s TO
REPORT II PO / / -0 3
Ciú/ o~
INFORMATION REPORT NO. 02-03
FOR PUBLIC INFORMATION MEETING OF
JANUARY 16th, 2003
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT:
Zoning By-law Amendment Application (A 15/02)
1211 Kingston Road
Metstar Holdings Ltd.
City of Pickering
2.0
3.0
3.1
1.0
PROPERTY LOCATION AND DESCRIPTION
- the subject property is located on the south side of Kingston Road, west of
Liverpool Road and east of Dixie Road (see location sketch, Attachment #1).
APPLICANT'S PROPOSAL
- the applicant proposes to change the zoning on the subject property to permit
'Personal Service Shop' and 'Place of Entertainment or Amusement'
(Off-track betting tele-theatre) as additional uses;
- the applicant advises that the proposed additional uses would be located in
Building 'B' only (see Attachment #2).
OFFICIAL PLAN AND ZONING
Durham Re~:lÏonal Official Plan
- the subject property is designated "Special Policy Area 'A'" in the
Durham Region Official Plan;
- lands designated "Special Policy Area 'A'" contain a mixture of residential
retail, personal service and industrial uses. Development shall be intensified
in a manner that will not adversely affect similar development within the Main
Central Areas;
- the proposed uses appear to conform to the Durham Region Official Plan;
3.4
4.0
4.1
4.2
Information Report No. 02-03
ATTACHMENT # 3 TO
REPORT # PO 11--0 3
Page 2
3.2
PickerinQ Official Plan
- the subject property is designated as "Mixed Use Area" in the City of
Pickering Official Plan;
- the subject property is located within the "Town Centre Neighbourhood";
lands within the "Town Centre Neighbourhood" are intended to be for the
highest mix and intensity of uses and activities;
- the proposed uses conform to the City of Pickering Official Plan;
3.3
Compendium Document to the Official Plan
- the subject property is subject to the "Kingston Road Corridor Urban Design
Guidelines";
- the proposed uses would be within existing buildings - no new development
is proposed;
ZoninQ Bv-Iaw 3036-00
- the subject property is zoned 'SPCI-1' - Special Purpose Commercial
Exception by Zoning By-law 3036-00, as amended;
- the 'SPCI-1' currently permits the following uses:
. financial institution;
. food preparation plant;
. furniture and major
appliance sales;
. home improvement
centre;
. industrial or
commercial equipment
suppliers;
. light manufacturing
plant;
. vehicle sales or rental
establishment;
- the current zoning does not permit 'Personal Service Shop' nor 'Place of
Amusement or Entertainment' (off-track betting tele-theatre);
a zoning by-law amendment is required to permit the proposed additional
uses;
. warehouse;
. commercial-recreational
establishment;
. place of assembly;
. restaurant - type B;
. body shop;
. business office;
. frozen food shop;
. jewellery store;
. professional office;
. vehicle repair shop;
RESUL T8 OF CIRCULATION (see Attachment #3)
Resident Comments
none received to date;
AQencv Comments
Information Report No. 02-03
#._.3",_,..
.¡¡:~¡ 1-;;¡....//:93
Page 3
Pickering Fire Service
requests that existing buildings meet the
requirements of the Ontario Building and Fire
Codes;
4.3
Staff Comments
4.3.1 Background Information
early in 2002, Municipal Law Enforcement informed the owners that the
current zoning did not permit personal service shop use (Extreme Tattoo,
Classique Nail Salon);
Municipal Law Enforcement requested that the owners either apply for
rezoning to permit personal service shops, or take the necessary steps to
terminate the lease of the personal service shop tenants;
since submitting the application for rezoning, another tenant (Dead Heat
Off-track Wagering) seeks to operate an off-track betting tele-theatre in
Building 'B';
personal service shops have been operating in Building 'B' for several years;
an off-track betting tele-theatre has operated within the restaurant in Building
'A' for several years;
neither a personal service shop or an off-track betting tele-theatre are
permitted under the By-law;
- the owner of the subject property has applied for a rezoning to permit these
additional uses;
4.3.2 Other Matters
In reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
. appropriateness of the site for the proposed use;
. parking requirements;
. impact on surrounding land uses;
. compatibility with surrounding land uses;
. conformity with the City of Pickering Official Plan, the Durham Region
Official Plan and other applicable policies; and
. agency and department comments.
Information Report No. 02-03
': i'1r,'¡'\J!"n:~,n # ,'2.. 'ro
.. "'~""~" ---L--
"','y,"íþ PO'j //-O:¿
...1 U¡\ "..._~".._~_.._'"
Page 4
5.0
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 Councilor a Committee of Council;
if you wish to reserve the option to appeal Council's decision, you must
provide comments to the City before Council adopts any by-law for this
proposal;
if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
6.0
OTHER INFORMATION
6.1
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;
6.2
Information Received
a copy of the applicant's submitted site plan is available for viewing at the
offices of the City of Pickering Planning & Development Department.
6.3
Company Principal
- the applicant advises that Tony Kiriakou is the principal of Met-Star Holdings
Ltd.;
Heinz Mertins is the agent for the rezoning application.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Ed Belsey
Planner II
Lynda Taylor, MCIP, RPP
Manager, Development Review
EB:jf
Attachments
Copy: Director, Planning & Development
Excerpts from
Statutory Public Information Meeting
. Thursday, January 16, 2003
,:;i fP.GHi'J¡U'J #1_fO 7:00 P.M.
REPOR1 # PO / / -0 ~
The Manager, Development Review, provided an overview of the requirements of the
Planning Act and the Ontario Municipal Board respecting this meeting and matters
under consideration there at.
(I)
ZONING BY-LAW AMENDMENT APPLICATION A 15/02
1211 KINGSTON ROAD
MET-STAR HOLDINGS LTD.
1.
Edward Belsey, Planner II, provided an explanation of the application, as outlined
in Information Report #02-03.
2.
Heinz Mertins, representing the applicant, advised that he was present to answer
any questions.
The Regional
Municipality
of Durham
Planning
Department
1615 DUNDAS ST. E.
4TH FLOOR, LANG TOWER
WEST BUILDING
P.O. BOX 623
WHITBY, ON L 1N 6A3
(905) 728-7731
FAX: (905) 436-6612
WWW. rß9L(io~gilllli!m.,-Q.o~g
A.l. Georgieff, MCIP, RPP
Commissioner of Planning
"SERVICE EXCELLENCE
foFpu:r COMNt[jNITY"
. c:-...
")1\[;: ,: 'C;\!" it .._~"'---,_. yo
:)1:' //-Q3.
January 21,20.03
Ed Belsey, Planner 1/
Planning & Development Department
One the Esplanade
Pickering, Ontario
L 1 V 6K7
Dear Mr. Belsey:
Re:
loning Amendment Application A 15/02
Applicant: Met-Star Holdings Limited
Location: Part of Lots 23 &24, Concession 1
Municipality: City of Pickering
We have reviewed this application and the following comments are offered with
respect to compliance with the Durham Regional Official Plan, the proposed
method of servicing and delegated provincial plan review responsibilities.
The purpose of the application is to change the zoning on the subject property
to permit "Personal Service Shop" and "Place of Entertainment or Amusement"
(Off-track betting tele-theatre) as additional uses.
. The subject property is designated "Special Policy Area A" in the Durham
Regional Official Plan. Special Policy Area A currently contains a mixture of
. residential, retail, personal service and industrial uses. Development within this
designation is to be intensified in a manner that will not adversely affect similar
development within the Main Central Areas ofthe City of Pickering. Lands
within this designation are to be governed by other detailed provisions
incorporated in the area municipal official plan in accordance with the intent of
the Regional Plan. The proposed amendment appears to be in conformity with
the Durham Regional Official Plan.
Municipal water supply and sanitary sewer services are available to the subject
property.
This application has been screened in accordance with the terms of the
provincial plan review responsibilities. No provincial interests appear to be
affected by this proposal. .
. .
If you have any questions or require additional information, please call me.
. YoursJruly,
// (--""'\,
/:. . }),
/ '-4~7' (.?(~.4.:;-.,-
t/ .
Ray Davies, Planner
Current Operations Branch
R:\traininglrdlzoning\plckering a 1S-02.doc
@
100% Post Consumer