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HomeMy WebLinkAboutMarch 17, 2003 Planning Committee Meeting Agenda Monday, March 17, 2003 at 7:30 p.m. Chair: Councillor Brenner ADOPTION OF MINUTES Meeting of February 10, 2003 (11) MATTERS FOR CONSIDERATION PLANNING & DEVELOPMENT REPORT PD 13-03 ZONING BY-LAW AMENDMENT APPLICATION A 26/02 MARSHALL HOMES LOTS FRONTING ONTO THE FUTURE EXTENSION OF GOLDENRIDGE ROAD, EAST SIDE OF FAIRPORT ROAD (PART OF LOTS 54, 55, 56, 58, 116, 117, PLAN 1051) PAGE 1-24 PLANNING & DEVELOPMENT REPORT PD 11-03 ZONING BY-LAW AMENDMENT APPLICATION A 15/02 METSTAR HOLDINGS LTD. 1211 KINGSTON ROAD 25-48 PLANNING & DEVELOPMENT REPORT PD 12-03 ZONING BY-LAW AMENDMENT APPLICATION A 6/02 (R) MERRITON PROPERTIES INC. 902,910,922, AND 940 KINGSTON ROAD 49-79 PLANNING & DEVELOPMENT REPORT PD 10-03 ACQUISITION OF LANDS/ROAD DEDICATING/ROAD NAMING -PART OF LOT 15, CONCESSION 7, PICKERING, DESIGNATED AS PART 1, PLAN 40R-21669 -EIGHTH CONCESSION ROAD 80-85 PICK b;I,tlNG Planning Committee Meeting Agenda Monday, March 17, 2003 at 7:30 p.m. Chair: Councillor Brenner (111) CORRESPONDENCE Members of Council may formally table an item of correspondence that has been circulated by the Mayor, CAO, Clerk or other staff person. (IV) ADJOURNMENT RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 26/02, be APPROVED subject to the conditions outlined in Appendix I to Report Number PD 13-03, to permit the development of 11 new internal lots with minimum lot frontages of 12 metres, submitted by Marshall Homes, for the parcels of land created through land severance applications LD 10-22/03 for Part of Lots 54, 55, 56, 58, 116 and 117, Plan 1051, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 26/02, as set out in Appendix II to Report Number PD 13-03 be forwarded to City Council for enactment. 02 PICKERING REPORT TO PLANNING COMMITTEE Report Number: PD 13-03 Date: February 28, 2003 From: Nell Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 26/02 Marshall Homes Lots fronting onto the future extension of Goldenridge Road, east side of Fairport Road (Part of Lots 54, 55, 56, 58, 116, 117, Plan 1051) Recommendation: That Zoning By-law Amendment Application A 26/02, be APPROVED subject to the conditions outlined in Appendix I to Report Number PD 13-03, to permit the development of 11 new internal lots with minimum lot frontages of 12 metres, submitted by Marshall Homes, for the parcels of land created through land severance applications LD 10-22/03 for Part of Lots 54, 55, 56, 58, 116, and 117, Plan 1051, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 26/02, as set out in Appendix II to Report Number PD 13-03 be forwarded to City Council for enactment. Executive Summary: The applicant proposes to amend the zoning of the subject properties to permit the development of 11 new lots, with minimum lot frontages of 12 metres, fronting onto the future southerly extension of Goldenridge Road (see Location Map, Attachment #1). Approval of this application will establish zoning for the subject properties which is identical to that recently approved by Council for the abutting draft plan of subdivision SP-2002-01, also owned by Marshall Homes. The City's requirements respecting the construction of Goldenridge Road and development of the lots subject to this zoning by-law amendment application (A 26/02) will be addressed through conditions of the related land division applications. It is recommended that the application be approved subject to conditions, and that the draft by-law be forwarded to Council for enactment. Report PD 13-03 Subject: Zoning By-law Amendment Application A 26/02 Date: February 28, 2003 Page 2 03 Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Background: 1.0 Comments Received 1.1 At the February 20, 2003 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 and #4) no one spoke for or against the application 1.2 Following Information Meeting Resident in Support: a letter in support of infill development in the area was received from a resident. (see Attachment #5) 1.3 Agency Circulation: 2.0 2.1 Canadian National Railway no objection warning clauses required in all development and purchasing agreements Toronto and Region Conservation Authority Discussion no objection a maximum 3 metre buffer zone is to be provided for all lots adjacent to the top of bank for the Dunbarton Creek. (see Attachment #6) The proposed development is compatible with, and will be developed in conjunction with surrounding development. The proposed development will be consistent with development that is occurring in the surrounding neighbourhood. Draft Plan of Subdivision SP-2002-01, submitted by Marshall Homes, recently received draft approval for the lands abutting the subject properties. This abutting draft plan of subdivision was designed to accommodate the southerly extension of Goldenridge Road through the subject properties for future development. Zoning the proposed 11 lots in a category identical to that recently applied to the abutting draft plan of subdivision ensures compatible development with abutting lands, and maintains the design and character of the area (see Location Map and Applicant's Submitted Plan, Attachments #1 and #2). 0,.1 Report PD 13-03 Subject: Zoning By-law Amendment Application A 26/02 Date: February 28, 2003 Page 3 The subject lands are to be developed in compliance with the Dunbarton Neighbourhood Guidelines as outlined in the Picketing Official Plan, which allow for minimum lot frontages of 12 metres on new internal roads. This application conforms to the Official Plan policies. (see Dunbarton Neighbourhood Development Guidelines, Attachment #7). In order to ensure the subject properties are developed in conjunction with the adjacent draft plan of subdivision, all matters regarding development of the lands and the construction of Goldenridge Road, have been included as conditions of approval for the related land severance applications LD 10-22/03. Among other conditions, the applicant will be required to enter into an appropriate development agreement with the City to address matters typically included in a subdivision agreement such as, but not limited to, tree preservation, siting and architectural design, and grading requirements. 2.2 Lands located near Dunbarton Creek are to be zoned Open Space Hazard Lands and conveyed to the City. The Dunbarton Creek crosses through the north-east portion of the subject property. It is recommended that the portion of the property containing the Creek and appropriate buffer be designated as 'OS-HL' - Open Space Hazard Lands. This will establish a natural buffer area adjacent to the creek and ensure preservation of the lands located in this area. The owner will be required to convey lands designated 'OS-HL' to the City of Pickering through the associated land division applications LD 10/03 and LD 11/03. 2.3 By-law to be Forwarded to Council The attached by-law, included as Appendix II to this report, implements Staff's recommendation to approve the requested 'S3-7' residential zoning and to apply a 'OS-HL' zoning to protect natural features. It is further recommended that attached by-law be forwarded to Council for enactment (see Appendix II). 3.0 Applicant's Comments The applicant is aware of the content of this report. APPENDICES Appendix I: Recommended Conditions of Approval Appendix I1: Draft Implementing By-law Report PD 13-03 Subject: Zoning By-law Amendment Application A 26/02 Date: February 28, 2003 Page 4 05 Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Minutes from Public Information Meeting 5. Resident Comments 6. Comments from Toronto and Region Conservation Authority 7. Dunbarton Neighbourhood Development Guidelines Prepared By: Carla Pierini Planning Technician Approved / Endorsed By: Ne'il Car~¢'~.~c~ D~rector, ~i~ & Development Lynda Taylor~.clP, RPP Manager, Development Review CXP:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ~o~as J~~~:~:Admi~a~ v; ~ice~ '~~ .... 06 APPENDIX I TO REPORT NUMBER PD 13-03 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 26/0? b) That the implementing zoning by-law: extend the boundaries of the "S3-7" - Residential Detached Dwelling Zone requirements in By-law 6027/02 to include the subject properties. designate the lands known as Part 4, 40R-9570, as 'OS-HL' - Open Space Hazard Lands. APPENDIX II TO REPORT NUMBER PD 13-03 07 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 26/02 08 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6027/02, to implement the Official Plan of the City of Pickering Distdct Planning Area, Region of Durham in Part of Lots 54, 55, 56, 58, 116, 117, Plan 1051, in the City of Pickering. (A 26/02) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to rezone the subject lands, being Part of Lot 54, 55, 56, 58, 116, and 117, Plan 1051, for the development of residential uses and open space hazard land uses; AND WHEREAS an amendment to By-law 3036, as amended by By-law 6027/02, is therefore deemed necessary; NOW THEREFORE THE COUNCIL oF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT 1.1 Section 2. of By-law 6027/02 is hereby deleted and replaced with the following: The provisions of this By-law shall apply to those lands in Part of Lots 54, 55, 56, 58, Lots 111, 112, 113, Part of Lots 114, 115, 116, 117, Plan 1051, designated "S3-7" and "OS-HL" on Schedule I attached hereto. 1.2 1.3 Section 5. of By-law 6027/02 is hereby further amended by adding Section 5.(2)(a) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS,HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) preservation and conservation of the natural environment, soil and wildlife; (ii) resource management; (iii) pedestrian trails and walkways; Section 5. of By-law. 6027/02 is hereby further amended by adding Section 5.(2)(b) Zone Requirements ("OS-HL" Zone); No buildings or structures shall be permitted to be erected, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control, resource management, or pedestrian trail and walkway purposes. SCHEDULE"I"AMENDMENT Schedule 'T' to By-law 6027~02 is hereby revoked and replaced with Schedule 'T' attached hereto. -2- BY-LAW 6027/02 By-law 6027/02 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 above, and as set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 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 of ,2003. day Wayne Arthurs, Mayor Bruce Taylor, City Clerk S3-7 $3-7 $3-7 SCHEDULE T TO BY-LAW PASSED THIS DAY OF 2O03 MAYOR CLERK ~HADE PRO WELRUS STREET ROAD (ATES LN SHEPPARD AVENUE KINGSTON ROAD ROAD City of Pickering Planning & Development Department PROPER'PC DESCRIPTION PART OF LOT 55, PLAN 1051, 40R-8947 PARTS 1 & 2 PART OF LOT 5i) PLAN PLAN 1051, 40R.4570, PARTS 4 & 5 LOTS 54, 56, 116, 117 PLAN 1051 OWNER I DATE JAN 16, 2003 FOR DEPARTMENT USE ONLY PN-7 PA- DRAWN BY JB CHECKED BY CP 12 INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN - A26/02 ~?~,~i~.~.-:~, ~ ,~ ~ TO ROAD 18 13 14 FUTURE EXTENSION OF 18 19 BLOCK DRAFT PLAN OF SUBDIVISION SP-2002-01 7 6 5 3 7~ 6A 80 9A PROPERTIES SUBJECT TO A26/02 1 A 8A 3A 4A 5A THIS MAP PYAS PRODUCED BY THE C/FY OF P/CKERINO, PLANNING & DEFELOPME/V? DEPARTMENT, INFORMATION & SUPPORT S£RVICE$, JANUARF l~, 2003. 13 INFORMATION REPORT NO. 03-03 FOR PUBLIC INFORMATION MEETING OF February 20th, 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 26/02 Marshall Homes Lots fronting onto the future southern extension on Goldenridge Road, east of Fairport Road (Lots 54, 55, 56, 58, 116, 117, Plan 1051) City of Pickering 1.0 2.0 PROPERTY LOCATION AND DESCRIPTION - the properties subject of this application are comprised of lands to be created through land division applications for 6 residential properties located between Fairport Road and Appleview Road, south of the Dunbarton Creek; the lands are comprised of the rear portions of two lots located on the east side of Fairport Road, and the rear portions of three lots located on the west side of Appleview Road, and one lot located south of Dunbarton Creek, on the west side of Appleview Road (see Location Map, Attachment #1); - the subject lands are surrounded by existing detached residential dwellings; APPLICANT'S PROPOSA[ the applicant proposes to amend the zoning of the subject properties to 'S3-7'- Residential Detached Dwelling, to permit the development of detached dwellings on lots with minimum lot frontages of 12 metres fronting onto the future southerly extension of Goldenridge Road, the applicant's proposed plan is provided for reference (see Attachment #2). the proposed lots fronting onto the future extension of Goldenridge Road, are proposed to provide lot frontages greater than 12 metres, lot depths greater than 30 metres, and lot areas greater than 575 square metres. 14 Information Report No. 03-03 Page 2 3.0 3.1 3.2 3.3 3.4 4.0 4.1 4.2 OFFICIAL PLAN AND ZONING Durham Regional Official Plan identifies the sUbject lands as being within a 'Living Area', where development is intended to be predominantly for housing purposes; the proposal appears to conform to the Durham Region Official Plan. Pickering Official Plan - identifies the subject lands as being located within an 'Urban Residential - Low Density Area' within the Dunbarton Neighbourhood; - permissible uses within this designation include residential uses; the applicant's proposal conforms to the policies of the Plan. Compendium Document to the Official Plan the subject properties are subject to the Dunbarton Neighbourhood Development Guidelines which are Council adopted policies intended to guide new development in the area in a manner which is compatible with the existing neighbourhood. These guidelines state that on new internal roads, only detached dwellings are to be permitted with minimum lot frontages of 12 metres; the Dunbarton Neighbourhood Development Guidelines indicate that new developments shall maintain building setbacks consistent with recent subdivision standards such as front yard depths of 4.5 metres, side yards widths of 1.2 metres and 0.6 metres. Zonin.q By-law 3036/00 the subject lands are currently zoned "R3" - Detached Residential Dwelling Zone, by Zoning By-law 3036, as amended; the existing zoning permits detached dwellings on lots with minimum lot frontages of 18 metres and minimum lot areas of 550 square metres; a zoning by-law amendment is required for the subject lands to allow the development of detached dwellings on lots with minimum lot frontages of 12 meters fronting onto the future extension of Goldenridge Road. RESULTS OF CIRCULATION Resident Comments none received to date; A.qencv Comments - none received to date; Information Report No. 03-03 Page 3 ~L ,~ 4.3 Staff Comments 4.3.1 Background Information the owners of the subject properties recently submitted applications on 6 existing residential lots to the Region of Durham Land Division Committee to create 11 new internal lots fronting onto the future extension of Goldenridge Road. It is anticipated that these new internal lots are to be purchased and developed by the applicant, Marshall Homes. Marshall Homes recently submitted, and received draft approval for, Draft Plan of Subdivision SP-2002-01, and associated Zoning By-law Amendment Application A 01/02, for the lands adjacent to the subject properties. Draft Plan of Subdivision SP-2002-01 proposes to develop 20 detached dwellings on lots with minimum lot frontages of 12 metres, and proposes to construct a portion of Goldenridge Road. The lands assembled for the draft plan of subdivision have been zoned 'S3-7' - Residential Detached Dwelling by amending Zoning By-law 6027/02. in order to ensure coordinated development with the adjacent Draft Plan of Subdivision SP-2002-01, the applicant (Marshall Homes) has submitted this Zoning By-law Amendment Application (A 26/02) to amend the current "R3" zoning of the subject properties to "S3-7', and to include these lands as part of Zoning By-law 6027/02. the City's requirements respecting road construction and the development of the subject properties will be addressed through conditions of the current land division applications. 4.3.2 Other Matters In reviewing the application to date, the following matters have been identified by staff for further review and consideration: · ensuring that the proposed development is compatible with, and developed in conjunction with, surrounding development; ° ensuring that the portion of lands located near Dunbarton Creek are zoned appropriately. 16 Information Report No. 03-03 Page 4 5.0 6.0 6.1 6.2 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; 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. OTHER INFORMATION 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 Received a copy of the applicant's submitted plan is available for viewing at the offices of the City of Picketing Planning & Development Department. ORIGINAL SIGNED BY Carla Pierini Planning Technician CXP:jf Attachments ORIG~'~IAL SIGNED BY Lynda Taylor, MCIP, RPP Manager, Development Review Copy: Director, Planning & Development APPENDIX NO. I TO INFORMATION REPORT NO. 03-03 COMMENTING RESIDENTS AND LANDOWNERS (1) none to date COMMENTING AGENCIES (1) none to date COMMENTING CITY DEPARTMENTS (1) Planning & Development Department Excerpts from Statutory Public Information Meeting ~ ~ ThUrsday, February 20, 2003 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. (IV) ZONING BY-LAW AMENDMENT APPLICATION A 26/02 MARSHALL HOMES LOTS FRONTING ONTO THE FUTURE SOUTHERN EXTENSION ON GOLDENRIDGE ROAD, EAST OF FAIRPORT ROAD (LOTS 54, 55, 56, 58, 116~ 117, PLAN 1051) Carla Pierini, Planning Technician, provided an explanation of the application, as outlined in Information Report #03-03. lan McCullough, representing applicant, thanked staff for the report and advised that he and Craig Marshall were present to answer any questions. lg 20 nserva mn for The Livin. City February 28, 200,3, BY FAX AND MAIL Carla'Pierini ., Planning and Deveiopment Department City of Picketing Piokering Civic Complex One The Esplanade Picketing, ON L1V 6K7 CFN Dear Ms. Piedni: Re,,. Zoning By-law Amendment Application A 36/02 ' Applevlew Road'and Southern Extension of Goidenridge Road City of Plckerlng, Durham Region · (Marhsall Hames) This letter follows receipt of a Zoning By-law Amendment Application for properties located west of Appleview Road and on the Future Southern 'Extension of Goldenridge Road, in the City of · Picketing, Durham Region on January 31,2003, Staff at the Toronto and Region Conservation Authority C'RCA) have had the opportunity to review the above application and offer the following comments: The subject properties are not located within the Authority's Fill Regulated Area or Regional Storm Floodplain. Hence, a permit under Ontario Regulation 158 (Fill, Construction and Alteration to Waterways) is not required. However, portions of the subject properties are located within the Authority's Fill Extension Program and adjacent to a watercourse feature. Recently TRCA staff commented on Land Division applications to accommodate the development proposal, As part of these applications TRCA negotiated a maximum 3 metre buffer for aJI lots adjacent to the top of bank, We also confi~'med that the applicant is prepared to transfer lands below top of bank and the associated buffer to the Toronto and Region Conservation Authority. In light of the above, TRCA wouM have no objections to the zoning by-Paw amendment, subject to the stream corridor and buffer on the subject property being properly reccgnlzed under the appropriate zoning to protect the watercourse feature from future development. We again that lands below top-of-bank are to be conveyed, without encumbranoe, to the TRCA. Furthermore, since the proposal is not subject to any future application and a development agreement is being finalized to cover the ity of hckenng s interests, we are concerned that TRCA interests will not be realized and therefore request that this development agreement include the following: i) Submission and approval'of a grading plan to the TRCA that illustrates a sediment control fence being placed between the stream corridor and construction on the subject property; 5 5horeham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898' www, trca.on.c~ ~- Carla Pierini February 28, 2003. ii> Submission and approval of a Stormwater Management Report to the TRCA, which addresses the issues of water quality and quantity in conjunction with adjacent lands to be developed, iii) That the applicant enter into negotiations with respect to the transfer of lands below · top-of-bank and the associated buffer to the TRCA. We trust these Comments are of assistance. Shoutd you have 'any questions, please de not hesitate to contact Kevin Huang at extension 5307 or the undersigned. Senior'Planner. Development Services Extension 5306 /KH c.c.: Kevin Huang, TRCA 21!. F:'~PR$'~Kev{ngO~Publ[c',,Appleview R~:ad Zoning TOTRL P.02 22 Dunbar~on Nei§hbourhood Development Guidelines The following Dunbarton Neighbourhood Development Guidelines were adopted by Pickering Council on February 19, 1996, through Resolution #23/96, and revised through Resolution #83/96 on April 15, 1996. The upgrading of Fairport Road and Strouds Lane to full urban standards, and the presence of a large number of deep lots has resulted in opportunities for infill development within this area. To ensure development occurs in a manner that is appealing, orderly, and consistent with the character of the neighbourhood, new development proposals must comply with the development and design guidelines described in the accompanying chart, and must be generally consistent with the attached Neighbourhood Concept Plan. 0 .Z FINCH KINGSTON ROI I NEIGHBOURHOOD CONCEPT PLAN I ~'' I ~ ~ ~~~ 25 HCKE'I iNG RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 15/02, be APROVED, 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. That the amending zoning by-law to implement zoning By-law Amendment Application A 15/02, set out in Appendix No. I to Report Number PD 11-03 be forwarded to City Council for enactment. PICKERING REPORT TO PLANNING COMMITTEE Report Number: PD 11-03 Date: February 28, 2003 From: Nell Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 15/02 Metstar Holdings Ltd. 1211 Kingston Road City of Pickering Recommendation: 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. That the amending zoning by-law to implement zoning By-law Amendment Application A15/02, set out in Appendix No. I to Report Number PD 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 PD 11-03 Subject: MetStar Holdings Ltd. (A 15/02(R)) Date: February 28, 2003 Page 2 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 'Mudhen'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 'Mudhen's Tap & Grill', in January, 2002. Each teletheatre operated under different ownership. 28 Report PD 11-03 Subject: MetStar Holdings Ltd. (A 15/02(R)) Date: February 28, 2003 Page 3 2.2 2.3 2.4 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. 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. 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. 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; (ii) 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 29 3.0 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. Applicant's Comments: The applicant is aware of the recommendations of this Report. APPENDIX: Appendix I: Draft Implementing By-law Attachments: 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: Lynda D. Tayl~,, MCIP, RPP Manager, Development Review Director, Plann~x Development EB/LT:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Picketing City Council ~~as O. (~Jnn, Chi~ Admin'l~ativ~ Ofllcer / 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 15/07 32 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 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 Picketing; ' 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: 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 par[ of this By-law. AREA RESTRICTED The provisions of this By-laTM shall apply to those lands in Par[ of Lots 23 and 24 Concession 1, in the City of Picketing, designated "SPCI-I" on Schedule attached hereto. GENERALPROVISIONS No building, land or par[ 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) (2) (3) (4) "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; "Body Shop" shall mean an establishment in which motor vehicle bodies are repaired and / or painted; "Build-to-Zone"_ shall mean an area of land within which all or part of a building or buildings are to be located; "Business .Office" shall mean a building or par[ 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; (5) (6) "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; "Financial Institution" sh.all 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 br part of a building in which process food products are cooked, baked, mixed, packaged or o[herwise 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) (11) (12) (13) "Fumiture 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; "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; "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; "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) "Liqht Machinen/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; (16) "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; 33 -3- 34 (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, furniture, 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 Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (18) "Off-Track Betting Teletheatre" shall mean a building or part of a building in wf~ich 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; (2O) "Place of Amusement or Entertainment" shall mean a buildir~g 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; (24) (25) (26) (27) -4- "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 "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 an. accessory vehicle repair shop, but shall not include any establishment engaged in the retail sale of vehicle fuels; "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; (a) "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; (b) (c) (d) (e) (f) (g) (h) "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; "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; "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; "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; "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; "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; "Flanka,qe 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; 35 PROVISIONS (1) Uses Permitted ("SPCI-I" Zone) No person shall, within the lands zoned "SPCI-I" 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: 36 -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 (j) Jewellery store (k) Light manufacturing plant (I) Off-track betting teletheatre (m) Personal service shop (n) Place of assembly (o) Professional office (p) Restaurant-type B (q) Vehicle repair shop (r) Vehicle sales or rental establishment (s) Warehouse (2) Zone Requirements ("SPCI-I" Zone) No person shall within the lands designated "SPCI-I" 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 (b) (i) LOTAREA (minimum): (ii) LOT FRONTAGE (minimum): (iii) YARD REQUIREMENTS (minimum): (iv) BUILDING HEIGHT (maximum): (v) OPEN STORAGE: (vi) LOT COVERAGE (maximum): PARKING REQUIREMENTS 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 (i) 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-I" on Schedule I to this By-law, shall be restricted to that area designated "access" on Schedule I to this By-law; (ii) -6- The aggregate of the gross floor area of all buildings on the lot shall not 3500 square metres; (iv) The aggregate of the gross floor area of all restaurants-type B on the lot shall not exceed 700 square metres; 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) (vi) (vii) The aggregate of the gross floor areas of all off-track betting tele-theatres on the lot shall not exceed 250 square metres; Business offices and professional offices shall be permitted only on the land diagonally-hatched on Schedule Ill to this By-law; 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) (ix) Body shops and vehicle repair shops shall be permitted only on the lands cross-hatched on Schedule III to this By-law; 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) BY-LAW 3036 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; (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) (3) Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 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. 3? Bruce Taylor, Clerk 38 'SPCI-1 \ BY-LAW 1727/83 \ \\\,\, \ LOT 24 SCHEDULE 'r TO BY-LAW PASSED THIS DAY OF .2003 ~V'~--- LOT 23 MAYOR CLERK ~.Om SIDE YARD LOT 24 BY-LAW 1727/83 REAR YARD 40R¥ "~" "~----LOT 23 \ SCHEDULE ff TO BY-LAW. PASSED THIS DAY OF 2003 39 MAYOR CLERK 40 LOT 24 SCHEDULE l'n' TO BY-LAW PASSED THIS BY-LAW 1727/$3 -- 40R~-6179 ~j > \ ~ LOT 23 , \ , DAY OF 2003 MAYOR CLERK SQUARE ATTACHMENT #~TO BRANDS COURT OLENANNA ROAD GLENANNA CULROSS AVENUE PICKERI/I WAYFARER LANE BAYLY STREET TATRA 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 } ~ CHECKED BY GR I. FOR DEPARTMENT USE ONLY PN-8 PA- 42 INFORMATION COMPILED FROM APPLICANT'S PROPOSED PLAN A15/2002 JBUILDING A IBU LD ND B BUILDING C ¢ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND' DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, DECEMBER 19, 2000, ATTACHt~ENT #~T0 PICKERING 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 1.0 2.0 3.0 3.1 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 Reqional 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; Information Report No. 02-03 Page 2 3.2 3.3 3.4 4.0 4.1 4.2 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; 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 By-law 3036-00 the subject property is zoned 'SPCI~I' - Special Purpose Commercial Exception by Zoning By-law 3036-00, as amended; the 'SPCI-I' currently permits the following uses: · financial institution; · · food preparation plant; · furniture and major appliance sales; · · home improvement · centre; · · industrial or · commercial equipment o suppliers; · · light manufacturing · plant; · · vehicle sales or rental establishment; the current zoning does not permit 'Personal warehouse; commercial-recreational establishment; place of assembly; restaurant - type B; body shop; business office; frozen food shop; jewellery store; professional office; vehicle repair shop; 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; RESULTS OF CIRCULATION (see Attachment #3) Resident Comments none received to date; Agency Comments Information Report No. 02-03 Page 3 4.3 4.3.1 4.3.2 Pickering Fire Service requests that existing buildings meet the requirements of the Ontario Building and Fire Codes; Staff Comments 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; 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 · agencyand department comments. Information Report No. 02-03 Page 4 5.0 6.0 6.1 6.2 6.3 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; 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. OTHER INFORMATION 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 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. Coml3anv 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 EB:jf Attachments Lynda Taylor, MCIP, RPP Manager, Development Review Copy: Director, Planning & Development HCKERING Excerpts from Statutory Public Information Meeting Thursday, January 16, 2003 7:00 P,M. 47 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. Edward Belsey, Planner II, provided an explanation of the application, as outlined in Information Report #02-03. Heinz Mertins, representing the applicant, advised that he was present to answer any questions. The Regional Municipality of Durham Plan qing DeBartment 1615 DUNDAS ST. E. 4TH FLOOR, LANG TOWER WEST BUILDING January 21,2003 Ed Belsey, Planner II Planning & Development Department One the Esplanade Pickering, Ontario L1V 6K7 Dear Mr, Belsey: Zoning Amendment Application' A.15/02 Applicant: Met-Star Holdings Limited Location: Part of Lots 23 & 24, Concession 1 Municipality: City of Pickering P.O. BOX 623 WHITBY. ON L1N 6A3 (905) 728-7731 FAX: (905) 436-6612 ww~_ .regip_n~durham on ca A.L. Georgieff, MCIP, RPP Commissioner of Planning 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 previncial 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 of.the 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 sqpply and sanitary sewer services are available to the subject pro perry. 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 questi0n's or require additional information, olease call me. ~'SER[/~CE EXCELLENC£ for OUt' COM~UNgTY" Yours truly?~.. Ray Davies, Planner Current Operations Branch R:\t rainlnCrd~zoning\pickerin g a15-02.doo 100% Post Consumer RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 6/02(R), be APPROVED, subject to the conditions outlined in Appendix I to Report No. PD 12-03 to permit vehicle sales and service, submitted by Merriton Properties Inc., for 902, 910, 922, and 940 Kingston Road, being Part of Lot 26, B.F.C., Range 3, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 06/02, as set out in Appendix II to Report Number PD 12-03 be forwarded to City Council for enactment. 5O REPORT TO PLANNING COMMITTEE Report Number: PD 12-03 Date: February 28, 2003 From: Nell Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 6/02 (R) Merriton Properties Inc. 902,910,922, and 940 Kingston Road Recommendation: That Zoning By-law Amendment Application A 6/02(R), be APPROVED, subject to the conditions outlined in Appendix I to Report No. PD 12-03 to permit vehicle sales and service, submitted by Merriton Properties Inc., for 902, 910, 922, and 940 Kingston Road, being Part of Lot 26, B.F.C., Range 3, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 06/02, as set out in Appendix II to Report Number PD 12-03 be forwarded to City Council for enactment. Executive Summary: The applicant proposes to change the zoning on the subject lands to permit vehicle sales and service on the subject property, located on the north side of Kingston Road, between Fairport Road and Merriton Road (see Location Map -Attachment #1). The applicant proposes to relocate the existing Formula Ford dealership from 1167 Kingston Road to the subject lands, and to allow for the establishment of other dealerships on the site (see Attachment #2). The proposed vehicle sales and service use complies with the provisons of the City's Official Plan and the subject lands are suitable for the proposed use. All existing buildings and structures on the property will be demolished. It is recommended that the application be approved, subject to the condition that the implementing by-law contain an Holding (H) provision, requiring the owner to obtain site plan approval and satisfy the City of Pickering and the Toronto and Region Conservation Authority respecting stormwater management. Financial Implications: Some of the costs associated with road improvements (i.e. sidewalks and street lights) along the Kingston Road frontage of the subject property are identified in the City's Development Charge By-law as a 2005 project. Report PD 12-03 Subject: Zoning By-law Amendment Application A 06/02 (R) February 28, 2003 Page 2 5t The recommended 2003 Capital Budget identifies this pr"oject as one where commitment will be made by the City in 2003, for payment in 2004. If the works are undertaken by the owner in 2003, the development agreement respecting such works will commit the City to participate in funding in 2004. Consequently, the requirement for funding will be brought forward to Council through the 2004 Budget process. Background: '1.0 Comments Received 1.1 At the June 19, 2002 Information Meeting - No one spoke for or against the application; 1.2 At the August 8, 2002 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 and #4) - a second Statutory Public Information Meeting was held on August 8th, 2002, as the application was amended to include 902 Kingston Road; comments from residents identified the following concerns: · Lighting and noise from the subject lands; · Traffic signalization required; · Opposition to automobile leasing; and · Need for fencing along railway lands; 1.3 Following the Information Meeting Concerned Resident ( see Attachment # 5) - A letter was received form. R. McConachie expressing concern respecting the management of storm water and requesting the City to monitor the conservation authority's comments respecting the watercourse on the site. 1.4 Agency Circulation Toronto and Region Conservation Authority (TRCA): no objections to proposed uses given the willingness of the applicant to conduct necessary analysis and to be part of the comprehensive solution for the betterment of the storm water conditions for the drainage area 52 Report PD 12-03 Subject: Zoning Byqaw Amendment Application A 06/02 (R) February 28, 2003 Page 3 Durham Planning Department Canadian National Railway prior to final approval of the zoning by- law, the applicant must undertake the necessary analysis and provide contribution from this site to improve the downstream conditions (see Attachment # 6) no objections to proposed uses conforms to the Durham Region Official Plan direct access to Kingston Road will not be permitted no Provincial interests appear to be affected (see Attachment # 7) - no objections - a 1.8 metre high fence is required along the mutual property line ~ (see Attachment # 8) 1.5 City Department Comments Municipal Property and Engineering: applicant must address stormwater management for the site, accommodate drainage from the CN lands the City is addressing quality and quantity control for flooding and erosion and an independent solution is required to avoid impacts downstream (see Attachment # 9) 2.0 2.1 Discussion: Proposed use conforms to the Pickering Official Plan The subject property is designated "Mixed Use Areas- Mixed Corridor" in the Pickering Official Plan. This designation permits the proposed use to be considered for approval. Approval of the rezoning would implement the Pickering Official Plan designation. The proposed use also conforms to the Region of Durham Official Plan. Report PD 12-03 Subject: Zoning By-law Amendment Application A 06/02 (R) February 28, 2003 Page 4 53 2.2 2.3 The Site is Suitable for the Proposed Use The applicant is proposing to develop a vehicle sales and service establishment. There are existing dealerships located in the immediate area. The proposed use would be compatible with the existing surrounding land uses of a medical office, professional office, car dealerships, automobile service station/gas bar, and the Police Credit Union. The CNR rail line to the north of the subject property provides a physical and visual barrier/buffer between the subject property and residential uses to the north. Sufficient site area is available to accommodate the proposed use and required parking and the applicant has agreed to restrict access to the site to Merriton Road and Fairport Road only. The existing uses within the Dunbarton Plaza located within the subject property and known as 922 Kingston Road will be permitted to continue to operate while the applicant pursues related approvals required to obtain a building permit. However, building permits for the new uses will not be issued until all existing structures on the property are demolished. The Site Plan Approval Process will address Site Development, Site Functioning, Urban Design, and Servicing, to be secured through appropriate agreements The final detailed design of the site has not been determined. However, a conceptual site plan illustrates that adequate parking and efficient site functioning can be achieved (see Attachment # 2). In order to facilitate development, both on-site and off-site improvements will be required. The urbanization of Kingston Road (including sidewalks), along the frontage of the subject lands will be required to be completed by the property owner in conjunction with the development of these lands. The City has identified some urbanization costs for this section of Kingston Road as a development charge funded project. The City will participate financially toward sidewalks and street lighting. Full details of the urbanization will be identified through the site plan process and the City will address its component of funding in the 2004 Budget. The owner must also satisfy the City with respect to required improvements on Fairport and Merriton Roads. ,54 Report PD 12-03 Subject: Zoning By-law Amendment Application A 06/02 (R) February 28, 2003 Page 5 The City and the Region of Durham will be evaluating the nature and extent of required improvements through the submission of supporting reports to be provided by the applicant. The submission of the reports will be required through the site plan approval process. The subject property is in a prominent location within the City and has high visibility to Kingston Road and Highway 401. The City has not received a formal application for site plan approval, therefore details of the proposed building designs have not been reviewed. However the applicant is aware of the requirements for a building massing and location that is prominent to Kingston Road. The applicant has advised that the siting of the proposed building(s) is the result of constraints posed by several existing easements. Disposition of the easements will be dealt with through the site plan process. The conceptual site plan illustrates buildings located as close to Kingston Road as possible, with two storey massing, meeting the goals of the Council approved "Kingston Road Corridor Urban Design Guidelines". The buildings will be required, through the site pan approval process, to provide appropriate architectural treatment. It is recommended that City Council approve this zoning by-law amendment application based on a condition that requires the application of an "(H)"-Holding provision to the implementing by-law. The "(H)"-Holding provision will enable the City to require a site plan and development agreement with the property owner which will address appropriate development conditions for the site. 2.4 The Applicant's Proposal to Pipe the Remnant Watercourse is Acceptable Subject to the Acceptance of an Additional Stormwater Management Report and TRCA Approval of Applicable Permits The Applicant has requested permission to pipe a remnant of a tributary of Amberlea Creek that traverses the western part of the site. North of the site, the watercourse has been piped and re-directed into a storm sewer along Fairport Road. South of the site, the watercourse is piped under Kingston Road, and then joins the main branch of Amberlea Creek as it flows through the ravine behind Vistula Drive. Initially, the TRCA expressed concerns with the Applicant's proposal to enclose the existing remnant watercourse without a comprehensive solution for stormwater management and erosion control improvements within the drainage area. The TRCA is receiving other proposals to pipe the Northeast Quadrant tributary of Amberlea Creek, and is concerned existing erosion problems within the ravine behind Vistula Drive will worsen. Report PD 12-03 Subject: Zoning By-law Amendment Application A 06/02 (R) February 28, 2003 Page 6 55 2.5 3.0 Although the City is investigating opportunities to address downstream erosion and to improve stormwater quality within the drainage area, the standard of control for the subject property initially requested by TRCA to improve downstream conditions was unworkable. Following a meeting between staff of the City, TRCA, the Applicant and the applicant's consultants, TRCA concluded that they could support the rezoning and that piping of the remnant watercourse on the subject site could occur subject to certain conditions. As required by the City and TRCA, the Applicant has confirmed that they will: ,, have Sabourin Kimble prepare an addendum to the original October 2003 report to address the stormwater options investigated, and the on-site quality and quantity controls to be used: · contribute financially towards a broader stormwater solution; · compensate for the loss of fish habitat; and · obtain the necessary permits and approvals from TRCA (see Attachment #10). Approval of the application should be subject to an (H) Holding Symbol A draft implementing zoning by-law is attached to this report for Council's consideration (see Appendix No. II). The by-law provides for an (H) Holding provision to address the need for appropriate agreements to be entered into prior to the lifting of the (H). Site functioning, required urbanization of street frontages and stormwater management issues will be addressed to the City's and Conservation Authority's satisfaction prior to Staff forwarding any by-law to remove the (H) symbol. The by-law permits the uses within the existing Dunbarton Plaza to remain in operation until such time as a vehicle sales and service establishment is developed on the site. Applicant's Comments: The applicant is aware of the recommendations of this Report. APPENDICES: APPENDIX I: APPENDIX I1: Recommended Conditions of Approval for A 06/02(R) Draft By-law 56 Report PD 12-03 Subject: Zoning By-law Amendment Application A 06/02 (R) February 28, 2003 Page 7 Attachments: 2. 3 4. 5. 6. 7. 8. 9. 10. Location Map Conceptual Site Plan submitted with Zoning By-law Amendment Application Information Report, Statutory Public Meeting, August 8, 2002 Minutes from Statutory Public Meeting, August 8, 2002 Letter from Robert McConachie Comments from Toronto and Region Conservation Authority Comments from Durham Region Planning Department Comments from Canadian National Railway Properties Inc. Comments from City of Pickering Municipal Property & Engineering Division Letter form Sabourin Kimble & Associates Ltd. Prepared By: Manager, Development Review Approved / Endorsed By: ' MplP,' / Ned Carroll, R~P Director, Plan~~& Development EB/LT:jj Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council .T/l'(o~ J. O~nn, ChieY'Adm~tive (~ficer APPENDIX I to REPORT NUMBER PD 12-03 ,57 RECOMMENDED CONDITONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 6/02 That the Implementing Zoning By-law: (a) permit the establishment of vehicle sales and service; (b) (c) place a (H) Holding Symbol on the subject property restricting the use of the land to its current uses until the owners enter into an appropriate agreement(s) with the City and receive site plan approval to address matters such as, but not limited to, site function (agrees/egress, parking location, building location and design), site improvements and stormwater management); include but not be limited to, the following provisionS: parking standards reflective of other vehicle sales and service establishment within the City identification of a build to zone and building envelope to encourage building locations in proximity to the road frontages require a two storey massing for all buildings amend the existing LCA-6 and SC-13 zone category to establish a new zone category for the permitted use subject to an (H) - Holding symbol and provisions. APPENDIX II TO REPORT NUMBER 12-03 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 6107 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 59 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 Lot 26, Range 3 B.F.C., Lots 127-, 128 and 129 Plan 1051, in the City of Pickering. (A 06/02) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of a vehicle sales and service establishment, in Part of Lot 26, Range 3 B.F.C., Lots 127, 128 and 129 Plan 1051, 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: SCHEDULE I Schedule '1 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 Lot 26, Range 3 B.F.C., Lots 127, 128 and 129 Plan 1051, in the City of Pickering, designated "SC-35" 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) "Body Shop" shall mean an establishment in which motor vehicle bodies are repaired and / or painted; (2) "Build-to-Zone" shall mean an area of land within which all or part of a building or buildings are to be located; (3) (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 Covera,qe" shall mean the percentage of lot area covered by all buildings on the lot; 6O (4) -2- "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, as defined herein, or any establishment engaged in the retail sale of motor vehicle fuels; (5) "Vehicle Sales and Service" shall mean an establishment used for the sale, service, rent or lease of vehicles and which may include as an accessory use thereto a vehicle repair shop, but shall not include any establishment engaged in the retail sale of motor vehicle fuels, or a body shop as defined herein; (6) (a) "Yard" shall mean an area of land which is appurtenant to and' located on the same tot 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; (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 tot; (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 lines, and the nearest wall of the nearest main building or structure on the lot; (e) (f) "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; "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 side 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 side yard other than a flankage side yard; 5. PROVISIONS (1) Uses Permitted ("SC-35" Zone) No person shall, within the lands zoned "SC-35" 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: (a) vehicle sales and service (2) Zone Requirements ("SC-35" Zone) No person shall within the lands designated "SC-35" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: -3- (a) BUILDING RESTRICTIONS 61 (i) Building Location and Setbacks: A Buildings and structures shall be located entirely within the building envelope illustrated on Schedule I attached to this By-law; B No building, part of a building, or structure shall be erected within the "SC-35" Zone, unless a minimum of 70% of the length of the build-to-zones, as illustrated on Schedule 1 attached hereto, contains a building or part of a buildings; (b) BUILDING HEIGHT: a minimum 6.5 metres for the portion of a building located within a build to zone, and; a minimum 5.0 metres for the building or portion of a building located outside of the build to zone; (c) OUTDOOR STORAGE (i) No outdoor storage or display is permitted in any yard; (i~) Despite subclause 5(1)(c)(i) above, the display of automobiles in association with a vehicle sales and service use shall be permitted in any yard; (d) PARKING REQUIREMENTS (i) For a vehicle sales or rental establishment use, there shall be provided and maintained on the subject lands a minimum of 3.0 spaces per 100 square metres of gross leasable floor area. (ii) No parking space, as required by subclause 5.(1)(d)(i) above, may be used for the storage or display of automobiles; Clauses 5.21.2a) to 5.21.2c) and 5.21.2e) inclusive, of By-law 3036, as amended, shall not apply to the lands zoned "SC-35" on Schedule I attached hereto; (iv) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof; (3) Uses Permitted ."(H)" Holding Zone (i) Despite the previsions of Clause 5.(1)(a), while the "(H)" holding symbol is in place, no person shall, within the lands zoned "(H)SC-35" on Schedule I attached hereto, use any lot or erect, alter or use any buildings or structure for any purpose except the following uses, assembly hall, bakery, business office, commercial club, commercial recreational establishment, commercial school, day nursery, dry cleaning depot, financial institution, food store, laundromat, place of amusement or entertainment, personal service shop, private club, professional office, public club, restaurant-type A, and retail store, as defined by By-law 2498/87, in the existing building located on Lot 127, Plan 1051, as of the date of the passing of this By-law. 62 (4) -4- Removal of "(H)" Holdin.q Symbol 0) Prior to an amendment to remove the "(H)" - Holding Symbol preceding the "SC-35" zone designation, the owner is required to execute appropriate agreements with and to the satisfaction of the City of Pickering (and\or the Region of Durham), and such agreements have been registered on title to the lands, to provide for the stormwater management requirements and the development of buildings or structures, in accordance with the provisions of subsections 5.(1 ) and 5.(2) of this By-law. BY-LAW 3036 (1) (2) By-law 3036 as amended by By-laws 2923/88 and 2498/87, only as they each apply to the area zoned "SC-35" on Schedule I to this By-law, are hereby repealed. 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. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 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 3.0r~ LOT 41, PLAN 1051 63 (H)SC-35 x4.5m 4.5m x ...... BUILDING ENVELOPE ~ BUILD-TO-ZONE SCHEDULE I TO BY. LAW PASSED THIS DAY OF 2003 MAYOR CLERK 64 # t ---,.,..-,-..-_TO JD~ WELRUS ROAD C.N.R. ROAD AVENUE SUBJECT ~ PROPERTIES City of Pickering , Planning & Development Department PROPERTY DESCRIPTION LOTS 127 AND '~ 28, PLAN 11:}51; PART OF LOT 26, RANGE 3, B.F.C. AND PART OF ROAD ALLOWANCE B-~'WEEN CONCESSION 1 AND RANGE 3. B.F.C. APPLICATION No, A 06/02(R) SCALE 1:7500 J CHECKED BY -NL"_E~ FOR DEPARTMENT USE ONLY PN-7 PA- INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN MERRITTON PROPERTIES INC. A 06/02 65 KINGSTON ROAD EASEMENTS ~r~..*i 1 BELL CANADA PICKERING HYDRO [i~-~i ENBRIDGE GAS : DURHAM REGION ~-~ SANITARYAND WATER STORM DRAINAGE 0 I- 66 PICKERIN INFORMATION REPORT NO, 26-02 FOR PUBLIC INFORMATION MEETING OF August 8th, 2002 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 06~02 (R) Merriton Properties inc. Part of Lot 26, B. F. C., Range 3 902, 910, 922, and 940 Kingston Road Please note that the above-noted application was first heard at the June19th, 2002, Statutory Public Information Meeting. The applicant has REVISED the application to add the 902 Kingston Road property as part of the subject lands. 1.0 PROPERTY LOCATION AND DESCRIPTION the subject lands are located on the north side of Kingston Road, between FairportRoad and Merriton Road as shown on the location map (see Attachment # 1 ); the subject lands include a portion of the Sheppard Avenue road allowance, between Fairport Road and Merriton Road, which has been closed by By-law, and conveyed to the owner; a portion of the subject lands, commonly known as the Dunbarton Plaza at 922 Kingston Road, is currently being used for commercial / retail uses; access to the subject lands is currently provided from Fairport Road and Merriton Road; the surrounding land uses include: the Canadian National Railway and the Dunbarton residential neighbourhood to the north; Kingston Road and Highway 401 to the south; The Police Credit Union and two (2) vehicle sales and service establishments to the east; and a gas bar / automobile service station and church to the west. 2.0 APPLICANT'S PROPOSAL the applicant is proposing to amend the existing zoning on the subject lands to permit the additional use of vehicle sales and service (see Attachment # 12); the applicant seeks the additional proposed use on the subject lands in order to relocate the Formula Ford automobile sales dealership, from the existing site at 1167 Kingston Road, to the subject property; the applicant advises that the existing commercial building located on the northem portion of the subject lands (Dunbarton Plaza) would be demolished to accommodate the proposed use; a Statutory Public Information Meeting was held on June 19~h, 2002, regarding 910, 922, and 940 Kingston Road; another Statutory Public Information Meeting is being held on August 8th, 2002, as the applicant has recently acquired 902 Kingston Road, and the rezoning application has been amended to include 902 Kingston Road. Information Report No. 26-02 Page 2 6? 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan the Durham Regional Official Plan identifies the subject lands as being designated Living Area; the predominant use of lands designated Living Area shall be for housing purposes. In addition, the Durham Regional Official Plan also permits, "subject to inclusion of appropriate provisions and designations in the area municipal official plan...special purpose commercial uses serving specialized needs on an occasional basis with services and facilities which consume larger parcels of land and require exposure to traffic such as, and similar in kind to, automotive sales and services..."; the proposed use of Vehicle sales and service appears to conform to the relevant policies of the Durham Regional Official Plan; 3.2 Pickerin.q Official Plan the subject lands are designated Mixed Use Areas - Mixed Corridor within the Dunbarton Neighbourhood; the Mixed Use Areas - Mixed Corridor designation permits the ¢ollowing uses: residential; retailing of goods and services; offices; restaurants; community, cultural and recreational uses; and special purpose commercial uses (such as vehicle sales and service); the Mixed Use Areas - Mixed Corridor designation encourages permitted uses to serve a broader area, at a community scale and intensity; in establishing performance standards, restrictions and provisions for the Mixed Use Areas - Mixed Corridor, City Council shall have particular regard to encouraging development in an integrated manner for a wide variety of uses and purposes, and encouraging intensification over time, up to the maximum floor space indices outlined in the Official Plan; the maximum Gross Leasable Floorspace for the retailing of goods and services within a Mixed Use Areas - Mixed Corridor designation, is to be determined by site specific zoning; Council may however, limit floorspace below the maximum permitted by the Official Plan policies to address concems related to such matters as design, compatibility, and scale of development; and in response to provisions specified in the Part Three (Dunbarton) Neighbourhood Plan; Schedule II - Transportation System of the City of Pickering Official Plan indicates the subject lands have frontage on a Type B Arterial Road (Kingston Road), a Type C Arterial Road (Fairport Road) and a Local Road (Merriton Road); Schedule III - Resource Management of the City of Pickering Official Plan, does not indicate any Shoreline and Stream Corridor or Hazard Land designations on the subject lands; 3.3 Compendium Document to the Official Plan the lands are subject to the Council adopted Kingston Road Corridor Urban Design Guidelines which are intended to guide the (re)development of sites within those designated areas; the subject lands are also located within a Detailed Review Area of the Dunbarton Neighbourhood for which Council has not yet adopted area-wide development guidelines; the existing Kingston Road Corridor Urban Design Guidelines will provide guidance for development of the site; the Kingston Road Corridor Urban Design Guidelines were developed as the result of a 1996/97 study with the following purposes: 68 Information Report No. 26-02 Page 3 4.0 4.1 · to formulate a vision for the transformation of Kingston Road into a "mainstreet" for Pickering; · to identify elements of the vision that are crucial to the successful transformation of the corridor; and · to recommend an implementation strategy that can be used to guide public and private development initiatives within the corridor over the next 5 to 10 years; the Kingston Road Corridor Urban Design Guidelines contain policies respecting design objectives for areas such as, but not limited to: urban form, streetscape, livability and character, transportation, infrastructure, and economic development; 3.4 Zoninq By-law 3036 the subject lands are currently zoned "LCA-6" - Local Central Area, and "SC-13" - Special Commercial, by By-law 3036, as amended by By-law 2498-87 (see Attachment # 2); the "LCA-6" zone currently permits the following uses: (i) Assembly hall (ix) Financial institution (ii) Bakery (x) Food store (iii) Business office (xi) Laundromat (iv) Commercial club (xii) Place of amusement or (v) Commercial-recreational entertainment establishment (xiii) Personal service shop (vi) Commercial school (xiv) Private club (vii) Day nursery (xv) Restaurant - type A (viii) Dry cleaning depot (xvi) Retail store the "SC-13" Zone currently permits the following uses: (i) Business office (ii) Professional office (iii) Public parking for uses permitted within the "LCA-6" zone an amendment to the zoning by-law is required to permit the additional use of vehicle sales and service on the subject lands. RESULTS OF CIRCULATION Resident Comments written comments from area residents identified the following concerns (see Attachments #3 and #-4): · traffic; pedestrian movements along Kingston and Fairport Roads; · vehicular access to Kingston Road; · access over the closed Sheppard Avenue road allowance; · compatibility with surrounding uses and the Dunbarton Neighbourhood; · whether the existing drainage channel will be filled; · whether 902 Kingston Road will also be developed; 4.2 A.qencv Comments comments from Toronto and Region Conservation Authority indicate that an assessment of drainage characteristics, including consideration of stormwater quantity and quality requirements for the site within the context of the contributing drainage area, is required prior to a favourabie recommendation (see Attachment # 5); other agency comments received to date indicate no objections, subject to certain conditions (see Attachments # 6 to 11); Information Report No. 26-02 Page 4 69 4.3 Staff Comments 4.3.1 Site Plan 4.3.2 4..3.3 a preliminary conceptual site plan has been submitted with the zoning by-law amendment application (see Attachment # 12); based on the preliminary conceptual sitE; plan submitted 'with the application, the site appears to have sufficient area to accommodate the proposed use; whether the existing drainage channel on the subject lands can be filled will determine whether the proposed building(s) will have alternate siting; the applicant has proposed access frorn all three frontages: Kingston Road, Fairport Road, and Merriton Road; an application for Site Plan Approwal will also be required prior to development proceeding, but has not yet been submitted; Technical Matters in reviewing the application to date, the following matters have been identified by Planning & Development staff for further review and consideration: · the impact of the proposed use on surrounding land uses; · the compatibility of the proposed use with surrounding land uses; · whether the existing drainage channel on the subject lands can be filled; · conformity with the applicable policies and guidelines of the City of Pickering Official Plan and Compendium Documents; · access to the subject lands from Kingston Road, Merriton Road and/or Fairport Road; · access over the privately owned, 'closed' portion of the Sheppard Avenue road allowance; · various easements on the subject property (see Attachment #13), as follows: (~) (ii) (iii) (iv) (v) (vi) Durham Region Sanitary and Water; Pickering Hydro (transmission lines, poles, anchors); Pickering Storm Drainage Works; Bell (underground only); Pickering Bus Transportation easements; and, Enbridge Consumers Gas; Development Control Comments in reviewing the application following comments: to date, Development Control provides the a stormwater management report is required; easements may be required; a traffic report is required; Kingston Road, Merriton Road, and Fairport Road will require urbanization and / or boulevard improvements; a development agreement is required (see Attachment # 14). 5.0 PROCEDURALINFORMATION 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; 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; ?0 Information Report No. 26-02 Page 5 6.0 6.1 if you wish to be notified of Council's ,decision regarding this proposal, you must request such in writing to the City Clerk. OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing this report; 6.2 Information Received full-scale copies of the Applicant's submitted plan(s) are available for viewing at the offices of the City of Pickering Planning & Development Department: · Preliminary Site Plan; · Legal Plan of Survey (40R-11259); · the applicant advises that a Storm Water Management Plan is currently being prepared, and will be submitted upon completion; 6.3 ,Company Principal the Zoning By-law Amendment application has been submitted by Paul Rycroft on behalf of Merdton Properties Inc. and Formula Ford; Merriton Properties Inc. currently owns the southern half of the subject lands (940 Kingston Road). However, a letters of authorization and executed purchase and sale agreements were submitted with the rezoning application. ORIGINAL SIGNtiD BY Edward W. Belsey Planner II EB/pr Attachments ORIGINAL SIGNI BY Lynda D. Taylor, MOIP, RPP Manager, Development Review Copy: Director, Planning & Development ?t APPENDIX NO. I TO INFORMATION REPORT NO. 26-02 COMMENTING RESIDENTS AND LANDOWNERS (1) Vivian VandenHazei, 1757 Fairport Road (2) Gall Clow, 1811 Fairport Road COMMENTING AGENCIES (1) Toronto and Region ConserVation Authority (2) Bell Telephone (3) Veridian Corporation (4) Canadian National Railway · (5) Enbridge Consumers Gas (6) Durham District School Board (7) Ontario Ministry of Transportation COMMENTING CITY DEPARTMENTS (1) Development Control 72 HCK"EI 'I,NG Excerpts from Statutory Public Information Meeting Pursuant to the Planning Act Wednesday, August 8, 2002 7:00 P.M. 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: ZONING BY-LAW AMENDMENT APPLICATION A 06/02 MERRITON PROPERTIES INC. PART OF LOT 26, BROKEN FRONT CONCESSION, RANGE 3 940, 922 AND 910 OLD KINGSTON ROAD NORTHEAST CORNER OF FAIRPORT ROAD AND KINGSTON ROAD Edward Belsey, Planner II, provided an explanation of the application, as outlined in Information Report #26-02. Sylvia Spencer, 771 Sheppard Ave. E., requested that careful consideration be given to lighting as residents already experience problems with lighting near St. Paul's Church. She further requested that some means of traffic signals be considered at the access on Sheppard Avenue. Ms. Spencer is opposed to the proposed Kingston Road access as it is too close to Fairport Road. As well, she is opposed to any automobile leasing on the site. Joanne Shaw, 938 Dunbarton Road, stated that she supports Ms. Spencer's comments regarding lighting. Additionally, she stated that residents already deal with noise from the train, and she is concerned with the additional noise impact this proposal may have on the area. Ms. Shaw advised that existing barriers to the railway tracks are inadequate and requested that they be improved. Dear Catherine Rose Re: Zoning Bylaw Application A006/02 Merriton Properties Inc. 910, 922 and 940 Kingston Rd, We have some concerns to the plan submitted by the applicant. C~TY OF PICKI~RtNG Au~mast 26 2002 73 RECEIVED :SEP 3 2002 CITy OF PICKERING PLANNING AND 1) This applicant is proposing to pipe the creek, which crosses through this property, if this creek is' allowed to be piped it will add fast flowing storm water into the main Ambrelea Creek adding to the erosion problem. 2) These types of automobile establishments have a pretension for hazardous spills and would hope that the Planning Dept. would take precaution to make sure if there was ever a spill that it would not find it way into the Frenchman, s Bay water shed.. 3) There has been extensive studies performed on the Ambrealea Creek and tributaries and the building of a furore retention pond. This Developer should contribute financially to these studies and the building of the retention pond. 4) When the property on the southside of Kingston Rd. develops, at this time this creek should be redirected to rrm parrell on the southside of Kingston Rd. to the future retention pond. 5) I would take this opportunity to ask that the City Of Picketing to monitor the Toronto Region Conservation Authority actions on this property and that the same principals and policies are being used on both the Easterly and Westerly tributaries of the Ambrelea Creek. cc; Neil Carroll Mayor Arthurs Edi-Belsmj Thank You Robert McConachie 760 - 770 Kingston Rd. Pickering ., onservauon for The Living City 'February 17, 2003 CFN 32928.05 Mr. Ed Delsey City of Pickerlng Picketing Civic Centre One The Esplan. ado Pickering, Ontario LIV 6K7 Dear Mr, Belsey; Re: ;Zoning By-Law Amendment Application AO0S/02 'Part of'L~t 26, Broken' Front.'Conoession, Range 3 940, 922, 910 Old Kingston Roac[ City Of Plckerlng, Durham Region (Merriton Properties Inc.) Further to our discussions with the applicant please accept the following clarification on the above noted application, TRCA staff expressed concerns with the proposal to enclose an existing remnant.feature on the above property without a comprehensive solution for stormwater management and erosion control improvements within the drainage area, The applicant has indicated that while our requirements for on siteerosion control are not technically feasible they are prepared to conduct an analysis of the drainage area conditions to determine recommendations for stormwater management and erosion control which could be undertaken as part. of future works to be conducted by the City of Pickering'though an upcoming Environmental Assessment, Given the enclosure, the applicant is also prepared to look at contributing restoration works that will be required for lower reaches on Amberlea in the context of the future Environmental Assessment process. Staff are generally supportive of this approach. The applicant is also seeking approval of the zoning by law amendment at this stage. Given the willingness to conduct the necessary analysis and to be part of the comprehensive solution for betterment o~ stormwater conditions for this drainage ares, staff.are prepared to support the zoning by law amendment subje~ to the following condition: That prior to final approval of the zoning by law amendment the applicant must undertake the necessary analysis of the conditions of the drainage area and provide for any necessary contributions from this site in order to improve the downstream conditions as being' conducted through the City's Environmental Assessment process, We trust.that this is satisfactory, if you have any questions please contact is undersigned. Development Services S'ection Extension 5306 RW/gc cc: Alan Kimble, Sabourin Kimble & Associates Ltd. F :~PRS\C~rresp~PICKERIN'~003\~n;~2g2~ j3,~.w~3cl The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E. ' 4TH FLOOR. LANG TOWER WEST BUILDING RO. BOX 623 WHITBY, ON L1N 6A3 (905) 728-7731 FAX: (905) 436-6612 www. reqion.durham.on,ca A.L Georgieff, i~ClP, RPP Commissioner of Planning ,,~ ~ 'ERVICE EXCELLENCE /'or our COM&[UNITY" August 1,2002 Ed Belsey, Planner II Planning & Development Department One the Esplanade Pickering, Ontario LIV 6K7 Dear Mr. Belsey: Re: Zoning Amendment Application A 06/02 Applicant: Merriton Properties Inc. (Formula Ford) Location: Part of Lot 26, Range 3 B.F.C. Municipality: City of Picl(ering We have reviewed this application and the following comments are offered with respect to.compliance with the Durham Regional Official Plan, the ~roposed method of servicing and delegated provincial.plan review responsibilities. The purpose of the application is to rezone the subject lands to permit vehicle sales and services as an additional use, The subject property is design, ated "Living Area" in the Durham Regional Official Plan. Subject to the inclusion of appropriate .provisions and designations in area municipal official plans, special purpose commercial uses, such as automobile sales 'and services, are permitted in Living Areas. Special purpose commercial uses serve specialized needs on an occasional basis with services and facilities consuming large parcels of land and reqpiring exposure to traffic. The proposed amendment is in conformity with the Durham Regional Official Plan. Municipal water Supply and Sanitarv Sewer Service,~ Municipal water supply and sanitary sewer services are available to the subject lands. The applicant should be made aware that should the road allowance for Old Kingston Road be closed, the' Region.will require a 20 metre easement to maintain the existing watermains and sanitary sewer. Transportation Direct access to Kingston Road will not be permitted. Access isto.be provided from Fairport Road and Merriton Road, as shown on the preliminary site plan. The proposed access to Kingston Road must be 100% Post Consumer Page 2 removed from the site plan.~ The Region. will'evaluate the need for.a westbound right-turn taper at the intersection of Kingston Road and Merriton Road through the site plan application process. This' application has' been screened in accordance with the terms of the provincial .plan review responsibilities. No provincial, interests appear .to 'be affected.' If you have any questions or requi're additional informati.on, please call me. Yours truly,f,~.~. Ray Davies, Planner Current Operations Branch cc: Rob Roy, Durham Region-Works Department' R:\t raJnirig~'d~zoning\picketi n g a06-02.doc Canadian Propri~t~s NatJanal ferrovJaires du Railway Canadlen Properties Inc. National Inc. 277 Front Street West Floor 8 Toronto, O~t~rio ~V 2X7 Telephone: (416) 217-~61 Fa~lmlle; (4~ ~ 2~ 7-674~ 277, rue Front ouest Toront= (Ontario) MSV 2X7 77 Tai~13hone; (416) 217-6961 Yal~copleur: (416) 217.6743 'V~ZA FAX,' g05-420-7648 13 August 2002 Mr. Ed Belsey Planning and Development Department City of Picketing One The Esplanade Picketing ON L1V 6K7 Dear Mr. Belsey: Your File: Our File: A oe/o2 TZ-45O0-P-02 RECEIVED AUG 1 3 2002 CITY OF PICKERING PLANNING AND D ~EVELOPMENT DEPARTMENT Re: Proposed REVZSED Zoning By-Law Amendment 902, 910, 922 and 940 Old Kingston Road MERRTI'ON PROPERT,TI;; TNC. CFormula Ford) We have reviewed the letter from the City Clerk dated 12 July 2002, regarding the above noted application and have the following comments: Any future development adjacent to the railway right-of-way would be expected to comply with our environmental and safety standards. The Owner must install and maintain at his own expense, a chain link fence of minimum ]..83 metre height along the mutual property line. We request receiving notice of the Amendment being approved. Should you have any further questions, please do not hesitate to contact the undersigned at (416) 217-6961, Geof~ Woods, B.E.S. Development Review Coordinator A whally owned suf~idf~ry of Canadian National I~llway Cbmpany / L~ne Illla[e en propH~ exclu~lv~ de la Compagnie des chamlns de ~r n~onaux du C~nada 78 OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION MEMORANDUM February 24, 2003 To: Ed Belsey Planner II From: Richard Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Zoning By-law Amendment Application A006/02 Merriton Properties Inc. (Formula Ford) Part of Lot 26, Broken Front Concession, Range 3 940, 922, and 910 Old Kingston Road City of Pickering Further to the DART meeting held with City staff and the applicant on January 23, 2003 and after review of the letter dated February 17, 2003 from TRCA, I provide the following comment. The applicant must be able to document and confirm that the storm water management for this site can be designed such that the post development flows can match the pre-development flows for the 2 year to 100 year levels; i.e. (100 year post to 2 year pre). 2. The site must accommodate drainage from the CN lands and the Iow point on Fairport Road under the CN bridge (overland flow). Since this site ultimately drains into the Amberlea Creek, and the City is trying to address quality and quantity control for flooding and erosion, and independent solution is required so that impacts are not going to occur down stream. RH:ds Copy: ./¢, :'m/~,,-/,..,, ~:/. ....... Ri~ard Hol~6rn, P. Eng. / / Director, Operations & EmergenC~'Se~ices I:\SITEPLANkA006-02(#2).docFeb-03 73 SABOURIN KIMBLE & ASSOCIATES LTD. QONSULTING ENGfNEE~S February 17, 2003 1 l0 Old Kmg, ston Road, Pickcrlng Village Ajax, Ontario LIT 2Z9 Tel: (905) 426-9451 Fax: (905)'~t26~9452 l!imail: admin@~ aengineering, com FILE; 02:992:D#6213 City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Attention: Mr. E. Delsey Dear Sir: SUBJECT: ZONING BY-LAW AMENDMENT APPLICATION A006/02 PART LOT 25, BROKEN FRONT CONCESSION, RANGE 3 940,. 922 AND 910 OLD KINGSTON ROAD FAMPA HOLDINGS, CiTY OF PICKERING Further to our meeting of January 23, 2003 with City staff and Mr. R. White of Toronto Region Conservation (TRC) we wish to confirm that we will prepare an addendum to our repor'[ of October 10, 2003, to adequately address all of the requirements of the City and the TRC. The addendum will specifically address those issues required to support Zoning By-Law Amendment Application A006/02. We trust that this is sufficient for your needs at this time, if you should have any questions, please contact the undersigned. Yours truly, SABOURJ~I KIMBLE & Afi~OCIATES LTD. A,_,I~. Kimble/'P. Eng. A~KJso ' ' c.c. Fampa Holdings - Mr. P. Rycrofl Toronto Region Conse~ation - Mr. R, White 80 FICKKRING RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY By-laws should be enacted to: (a) authorize the acquisition by the City of that part of Lot 15, Concession 1, Pickering, designated as Part 1, Plan 40R-21669 for road purposes; and (b) dedicate that part of Lot 15, Concession 1, Pickering, designated as Part 1, Plan 40R-21669 as public highway and name it "Eighth Concession Road". REPORT TO PLANNING COMMITTEE Report Number: PD 10-03 Date: February 24, 2003 8t From: Nell Carroll Director, Planning & Development Subject: Acquisition of Lands/Road Dedicating/Road Naming - Part of Lot 15, Concession 7, Pickering, designated as Part 1, Plan 40R-21669 Eighth Concession Road File: RE0304; Rdded.422 Recommendation: By-laws should be enacted to: (a) authorize the acquisition by the City of that part of Lot 15, Concession 1, Pickering, designated as Part 1, Plan 40R-21669 for road purposes; and (b) dedicate that part of Lot 15, Concession 1, Pickering, designated as Part 1, Plan 40R-21669 as public highway and name it "Eighth Concession Road". Executive Summary: Not Applicable Financial Implications: No acquisition cost. dedicate and name the subject lands were 02-2320-008-04, approved in 2002 Capital Budget. Administrative costs to acquire, incorporated into Project Number Background: In 2002 funds were approved under the Municipal Property & Engineering Capital Expenditure Budget to: (a) (b) undertake vertical alignment improvements on Eighth Concession Road; and construct a non-standard turning circle to provide a turnaround for the City's maintenance vehicles on lands owned privately by Mr. and Mrs. Parkes (the "Parkes"). 82 Report PD 10-03 Subject: Acquisition/Road Dedicating/Road Naming "Eighth Concession Road" Date: February 24, 2003 Page 2 Prior to the onset of the improvement works and the construction of the turning circle, the Parkes were contacted respecting the conveyance of a portion of their lands for turning circle purposes and had no objection to the City's request provided that: (i) the City absorbed all of the associated fees; and (ii) in the event the land was no longer required for turning circle purposes, at some time in the future, the City reconvey it to the Parkes for nominal consideration. As the alignment improvements and turning circle have been completed, it is now appropriate to legally effect the conveyance of the subject land into the City's ownership and subsequently dedicate it as public highway and name it "Eighth Concession Road". Attachments: By-law to authorize the acquisition of the Part I Lands. Road dedicating/road naming By-law. Location Mapping/Site Sketch. Prepared By: Denise BYe Coordinator, Property & Development Services Approved / Endorsed By: ? / Neil Car~:.?/ ~imctor, ~hin~ & Development DB:bg Attachments Copy: Chief Administrative Officer Division Head, Municipal Property & Engineering Recommended for the consideration of Pickering City Council A~ACHMEI~tT # J TO Re, 0R'r/~ PD~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a byqaw to authorize the acquisition of that part of Lot 15, Concession 7, Pickering, designated as Part 1, Plan 40R-21669 for road purposes. WHEREAS, pursuant to the Municipal Act, the Council of The Corporation of the City of Pickering may pass by-laws for acquiring lands for municipal purposes; and WHEREAS, the City wishes to exercise that right by acquiring that part of Lot 15, Concession 7, Picketing, designated as Part 1, Plan 40R-21669 for road purposes. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute the necessary documentation to effect the acquisition of the lands described as that part of Lot 15, Concession 7, Pickering, designated as Part 1, Plan 40R~21669 by The Corporation of the City of Pickering for road purposes and to obtain any/all easements over such lands that may be required. BY-LAW read a first, second and third time and finally passed this 17th day of March, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk 83 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to dedicate that part of Lot 15, Concession 7, Pickering, designated as Part 1, Plan 40R-21669 as public highway and name it "Eighth Concession Road". WHEREAS The Corporation of the City of Pickering is the owner of that part of Lot 15, Concession 7, Picketing, designated as Part 1, Plan 40R-21669 and wishes to dedicate it as a public highway; and WHEREAS, pursuant to the Municipal Act, the Council of a local municipality may pass by-laws for giving names to or changing the names of highways. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: that part of Lot 15, Concession 7, Pickering, designated as Part 1, Plan 40R-21669 is hereby dedicated as public highway; and that part of LOt 15, Concession 7, Pickering, designated as Part 1, Plan 40R-21669 is hereby named "Eighth Concession Road". BY-LAW read a first, second and third time and finally passed this 17th day of March, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk INSET I SCALE 1:1000 EIGHTH % CONCE ~SION ROAD SUBJECT Cityof Pickering ~ PROPERTY Planning & Development Depar[ment PROPERTY DESCRIPTION PART LOT 15, CONC. 7, PICKERING DESIGNATED AS PART 1, 40R-21669 1 OWNER CITY OF PICKERING DATE FEB. 16, 2003 DRAWN BY JB ¢ ROAD NAMING AND DEDICATION - EIGHTH CONCESSION ROAD SCALE 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-RU PA-