HomeMy WebLinkAboutPD 29-05PICKERING
REPORT TO
EXECUTIVE COMMITTEE
Report Number: PD 29-05
Date: June 3, 2005
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 1/05
The Pickering Home & Leisure Centre
R.R.V.P. Pickering West Inc. (RIO CAN)
1755 - 1805 Pickering Parkway
South Part of Lot 17 & 18, Concession 1
(40R-15636, Part 13) & (40R-11780, Parts 1,2, 3, 4, 5 & 6) &
(40R-20443, Parts 1, 3, 5, 6, 7, 8, 9, 10 & 11 ) (40R-20443, Part 2)
City of Pickering
Recommendation:
That Zoning By-law Amendment Application A 1/05, be APPROVED as set out in
the draft by-law attached as Appendix I to Report No. 29-05, to amend the existing
zoning on the subject lands to permit additional uses and revise leasable floor area
provisions, on lands being South Part of Lot 17 & 18, Concession 1 (40R-15636,
Part 13) & (40R-11780, Parts 1, 2, 3, 4, 5 & 6) & (40R-20443, Parts 1, 3, 5, 6, 7,
8, 9, 10 & 11 ) & (40R-20443, Part 2), in the City of Pickering.
That the amending zoning by-law to implement Zoning By-law Amendment
Application A 1/05, as set out in Appendix I to Report PD 29-05 be FORWARDED to
City Council for enactment.
Executive Summary: The applicant requests a change to the zoning by-law to
permit additional uses and revise leasable floor area provisions on lands located on the
south side of Pickering Parkway, north of the 401, between Brock Road and
Notion Road (see Attachment #1 - Location Map).
Currently there are restrictions within the by-law for the Pickering Home & Leisure Centre
that restrict the site's function to that of a Specialty Realty Node. The applicant has
requested that these restrictions be revised to provide limited additional leasing flexibility.
The applicant's request is supported by a retail impact study, which has been evaluated
and found acceptable by staff. The study concludes that the changes requested through
this application will not significantly impact Pickering's Town Centre. (see Attachment #2 -
Applicant's Submitted Plan).
Report PD 29-05
Subject: Zoning By-law Amendment Application A 1/05
Date: June 3, 2005
Page 2
This application conforms to the policies of the Pickering Official Plan and provisions of
the Village East Neighbourhood and the Specialty Retailing Node Development
Guidelines and staff is recommending approval.
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 17, 2005 Information Meeting
(see text of Information Report, Attachment #3 & Meeting Minutes- Attachment ~4)
Public Comments:
Ornella Richichi - First Pro (see Attachment #5)
· not opposed to RIO CAN'S request to introduce flexibility through personal
service uses and revising floor area requirements;
· concern with the quality of the provided market impact study;
· not debating the market study but has concern with the impacts of proposed
uses, mainly the Department Store and Food Store uses;
· wants to ensure that RIO CAN is put through the same process as First Pro
was at the time of their application;
· requested that the market study be peer reviewed;
The retail impact study was amended for the property located at 1755 -1805
Pickering Parkway- Pickering Home & Leisure Centre and has addressed First
Pro Shopping Centres concerns.
Steven A. Zakem - Aird & Bells LLP (Loblaws Rep.)(see Attachment #6)
*written request, not present at the meeting.
· requested that any relevant material be forwarded to his office;
· requested to be included in the mailing list for any future meetings;
1.2
Agencies:
Durham Region Plannin.q Department (see Attachment #7)
· conforms with Regional Official Plan;
· municipal water supply and sanitary sewer are available;
· no matters of provincial interest apply;
· no objection;
Report PD 29-05
Subject: Zoning By-law Amendment Application A 1/05
Date: June 3, 2005
Page 3
1.3
2.0
2.1
2.1.1
2.1.2
2.1.3
Veridian Connections (see Attachment #8)
· no comment on this application;
City Departments:
Development Control (see Attachment #9)
· no comments or concerns on this application;
Discussion
Proposed Uses and Compatibility
Proposed Uses and Revisions comply with the Pickerin.q Official Plan designation
The subject property is designated Specialty Retailing Node in the Pickering
Official Plan. This designation permits a wide range of uses including large
format retailers, food stores, department stores, retail warehouses, membership
clubs, and theme/specialty retailers. A retail impact study was conducted by the
applicant and has demonstrated that the market can support the request for the
redistribution of floor area to smaller units (no floor area is being added), and a
food store and a department store with associated uses (for future market
changes), which would allow for future flexibility. The retail impact study was
reviewed by staff and was deemed acceptable. The proposed amendment
conforms to the policies of this designation.
Specialty Retailing Node Development Guidelines are beinq adhered to
One objective of the Specialty Retailing Node Development Guidelines is to
encourage a mix of uses. Uses are to serve a broad regional market. An
implementing by-law should consider minimum and maximum floor areas,
limitations on the number of uses, and limitations on specific retail sectors such
as, but not limited to, spas, furniture stores, home and design stores and novelty
or specialty shops. The proposed amendment has been evaluated against these
guidelines and has been determined to comply with them.
Retail Impact Study concludes that the requested amendments will not impact
the Pickerinq Town Centre or the First Pro Shopping Centre
A retail impact study was completed by urbanMetrics inc., which determined that
there would be no impact on the Pickering Town Centre or the First Pro
Shopping Centre with the introduction of a food store, discount department store,
and the proposed redistributed retail floor areas.
Report PD 29-05 Date: June 3, 2005
Subject: Zoning By-law Amendment Application A 1/05
Page 4
The retail impact study for the food store and discount department store uses
was based on the per capita expenditure figures derived from Statistics Canada
Retail Trade data, population and per capita income calculations for the trade
area. The study determined that there is a significant warranted demand for food
stores, even with the potential introduction of a food store on the subject
property. Should a Discount Department Store be introduced it would require a
transfer of sales from existing department stores and discount department stores,
but this transfer, according to urbanMetrics inc. will not jeopardize the viability of
the existing department stores or discount department stores in Pickering.
The request to redistribute the allowable retail floor area to accommodate store
size flexibility, by increasing the aggregate retail floor area of smaller stores from
1,350 square metres to 2,500 square metres, with the limit of five stores between
100 square metres and 300 square metres, was supported by the retail impact
study and by additional market information requested by staff.
The inclusion of a food store and a discount department store as permitted uses,
and an increase in the amount of smaller retail floor areas, will enable the centre
to attract more shoppers and provide greater flexibility to address future market
changes. Further, the retail impact study indicates that zoning revisions should
not impact the Pickering Town Centre or the First Pro Shopping Centre.
2.2 Zoning By-law and Site Development
2.2.1 The requested spa use is of sufficient size to be considered different from a
typical Personal Service Use
This application also request that a 'spa' be introduced as a permitted use to
accommodate a prospective tenant. This use will be defined within the by-law as
a spa, not a personal service use. Typically this use would be considered to be a
personal service use, however, the explanation of the use by the applicant
indicates that the spa use will operate differently from a typical personal service
use. The by-law will recommend only one spa and the size will be limited to a
minimum of a 150 square metres to ensure a larger format unit. The spa will
offer traditional hairdressing and extensive aesthetic services, such as botox,
body treatments, laser hair removal, and other body therapy services. This use
is not a body rub parlour. This use will not be included as one of the five stores
with a floor area between 100 square metres and 300 square metres.
Report PD 29-05
Subject: Zoning By-law Amendment Application A 1/05
Date: June 3, 2005
Page 5
2.2.2
2.2.3
This application is not proposing any new construction
This application is not proposing any new construction. Rather, the applicant
requests that the floor area provisions of the existing by-law be redistributed to
allow for more flexibility in the by-law. Uses such as the food store and the
discount department store and associated uses such as a drug store, dry
cleaning depot and duplicating shop are requested to be included in the zoning
by-law to provide leasing flexibility and accommodate for future market changes.
These amendments will not impact the Pickering Town Centre or the First Pro
Shopping Centre as stated by the retail impact study, and should enable the
Pickering Home and Leisure Centre to be more competitive in the Pickering
market place.
Provisions of the Implementinq Zoning By-law
The proposed zoning by-law will implement the following provisions:
A maximum aggregate floor area of 2,500 square metres for retail stores with unit
sizes between 100 square metres and 1,400 square metres, of which 5 retail
stores will be permitted between the range of 100 square metres to 300 square
metres.
3.0
· Permit a Food Store with a minimum floor area of 4,515 square metres and a
Discount Department Store with a minimum floor area of 9,000 square metres.
· Removal of the minimum 10,000 square metre aggregate floor area requirement
for all home and design centre uses on the property.
· Inclusion of a spa use with a minimum floor area of 150 square metres.
These requested amendments, along with other associated uses, have been
evaluated by staff and supported through a retail impact study conducted by
urbanMetrics inc. and will be part of the amending zoning by-law.
Applicant's Comments
The applicant is aware of the contents of this report, has reviewed the draft
zoning by-law, and concurs with the recommendations.
Report PD 29-05
Subject: Zoning By-law Amendment Application A 1/05
Date: June 3, 2005
Page 6
APPENDIX:
Appendix I:
Draft By-law
Attachments:
1. Location Map
2. Applicant's Submitted Plan
3. Information Report
4. Minutes from Statutory Public Information Meeting
5. Public Comments - First Pro Shopping Centres
6. Public Comments - Steven A. Zakem - Aird & Belis LLP
7. Comments from the Region of Durham Planning Department
8. Comments from Veridian Connections
9. Comments from Development Control
Prepared By:
Ge~ff i~lTl~lnowski, CPT
Plahner II
Approved / Endorsed By:
Director, Plant,,iae"& Development
Lynda 'l'aylor, MCIP['RPP
Manager, Development Review
GXR:jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City C.o, uncil~__
~ho~. ~uinn~,~f A~nistrativ fficer/
APPENDIX I TO
REPORT NUMBER PD 29-05
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 1/05
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 2351/87, to implement the Official Plan of the City of
Pickering, Region of Durham, South Part of Lot 17 & 18, Concession 1,
(40R-15636, Pad 13) & (40R-11780, Pads 1, 2, 3, 4, 5 & 6) & (40R-20443,
Parts 1,3, 5, 6, 7, 8, 9, 10 & 11 ) & (40R-20443, Part 2) in the City of Pickering.
(A 1/05)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit additional uses and revise zoning provisions for the South Part of Lot 17 & 18,
Concession 1, (40R-15636, Part 13) & (40R-11780, Parts 1, 2, 3, 4, 5 & 6) & (40R-20443,
Pads 1,3, 5, 6, 7, 8, 9, 10 & 11) & (40R-20443, Part 2) in the City of Pickering;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULEI
Schedule I attached to this By-law with notations and references shown thereon
is hereby declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands being South Part of Lot
17 & 18, Concession 1, (40R-15636, Part 13) & (40R-11780, Parts 1, 2, 3, 4, 5 & 6)
& (40R-20443, Parts 1, 3, 5, 6, 7, 8, 9, 10 & 11) & (40R-20443, Part 2) in the City
of Pickering, designated "MU-SRN-I" on Schedule I attached to this By-law.
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied, erected, moved
or structurally altered except in conformity with the provisions of this By-law.
4. DEFINITIONS
In this By-law,
(1)
"Assembly Hall" shall mean a building or part of a building in which
facilities are provided for purposes such as civic, educational, political,
religious or social meeting and which may include an auditorium or a
banquet hall;
(2)
"Body Rub Parlour" shall mean any premises or part thereof where a body
rub is performed, offered or solicited in pursuance of a trade, calling,
business or occupation, but does not include any premises or part thereof
where the body rubs performed are for the purpose of medical or
therapeutic treatment and are performed or offered by persons otherwise
duly qualified, licensed or registered so to do under the laws of the
Province of Ontario;
(3)
"Body Rub" shall mean the kneading, manipulating, rubbing, massaging,
touching, or stimulating, by any means, of a persons body or part thereof
but does not include medical or therapeutic treatment given by a person
otherwise duly qualified, licensed or registered so to do under the laws of
the Province of Ontario;
(4)
"Body Shop" shall mean an establishment engaged in repairing or painting
vehicle bodies;
-2-
DRi FT
(5)
"Business Office" shall mean a building or part of a building in which the
management or direction of business, a public or private agency, a
brokerage or a labour or fraternal organization is carried on and which
may include a telegraph office, a data processing establishment, a
newspaper publishing office, the premises of a real estate or insurance
agent, or a radio or television broadcasting station and related studios or
theatres, but shall not include a retail store;
(6)
"Commercial Club" shall mean an athletic or recreational club operated for
gain or profit and having public or private membership;
(7)
"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;
(8)
"Convenience Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessity are kept for
retail sale primarily to residents or persons employed in the immediate
neighbourhood;
(9)
"Discount Department Store" shall mean a discount department store, as
defined by Statistics Canada, such as but not limited to Zellers and
Wal-Mart, engaged in general merchandising of a wide range of
commodities and services which may include but is not limited to apparel,
hardware and household goods, garden supplies, automotive supplies,
leisure, pet and drug items and toys;
(10)
"Drug Store" shall mean a building or part of a building in which
pharmaceutical prescriptions are compounded and dispensed to the
public, and where medicine, medical supplies and associated
merchandise, confectionary items, cosmetics, toiletries, periodicals, or
similar items of day-to-day household necessity are stored, displayed and
offered for retail sale;
(11)
"Dry Cleaning Depot" shall mean a building or part of a building used for
the purpose of receiving articles, goods, or fabrics to be subjected to
dry-cleaning and related processes elsewhere and of distributing articles,
goods, or fabrics which have been subjected to any such process;
(12)
"Duplicating Shop" shall mean part of a building where such items as
letters, plans, pictures and documents are reproduced by photostatting,
blueprinting or other similar methods;
(13)
(14)
(15)
(16)
"Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
"Floor Area". shall mean the aggregate of the floor areas of all above and
below grade storeys, but shall exclude the floor area of any stairwells,
elevators, and any part below established grade used exclusively for
storage purposes;
"Food Store" shall mean a building or part of a building in which primarily
food produce is stored, offered and kept for retail sale to the public and in
which items or merchandise of day-to-day necessity may be stored,
offered and kept for retail sale to the public;
"General Merchandise Store" shall mean a general merchandise store as
defined by Statistics Canada, such as but not limited to Bi-Way, Bargin
Harolds, and Stedmans, engaged in general merchandising of a wide
range of commodities and services, which may include but is not limited to
apparel, hardware and household goods, garden supplies, automotive
supplies, leisure, pet and drug items and toys;
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
-3- ,DR CFT
"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 those areas used
exclusively for storage purposes which are below established grade or
within mezzanines;
"Home and Desiqn Centre" shall mean a building or building in which
home related products including but not limited to furniture, appliances,
electrical fixtures, carpets and floor covering, building and plumbing
supplies, draperies, hardware and garden supplies are stored, offered and
kept for wholesale or retail sale, but shall not include a food store and
neighbourhood stores;
"Home Improvement Centre" shall mean a building or part of a building
used primarily for the display, wholesale and retail sale of building
materials, hardware or accessories, including lumber.
"Hotel" shall mean a building, or two or more buildings attached above
grade, used for the purpose of catering to the needs of the traveling
public by providing overnight sleeping accommodations of not less than
25 bedrooms, and may include uses accessory thereto, including
meeting rooms, conference rooms, recreational facilities and dining and
lounge areas;
"Major Department Store" shall mean a major department store as defined
by Statistics Canada, such as but not limited to Sears and The Bay,
engaged in general merchandising of a wide range of commodities and
services, which may include but is not limited to apparel, hardware and
household goods, garden supplies, automotive supplies, leisure, pet and
drug items and toys;
"Nei.qhbourhood Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessity are kept for
retail sale, primarily to residents of, or persons employed in the immediate
neighbourhood;
"Personal Service Shop" shall mean an establishment in which personal
service is performed and which may include a barber shop, beauty salon,
a shoe repair shop, a tailor or dressmaking shop or a photographic studio,
but shall not include a spa or a body rub parlour as defined in the
municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or
any successor thereto;
"Place of Amusement or Entertainment" shall mean a building or part of a
building in which facilities are provided for amusement or entertainment
purposes, and which may include a billiard or pool room, a dance hall, a
music hall, or a theatre, but shall not include an adult entertainment
parlour as defined in the Municipal Act, R.S.O. 1990, c.M. 45, as amended
from time-to-time, or any successor thereto;
"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 by the Municipal Act, R.S.O. 1990,
c.M. 45, as amended from time-to-time, or any successor thereto;
"Restaurant - Type A" 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 on or off the premises, but shall not include a
drive-thru;
"Retail Store" shall mean a building or part of a building in which goods,
wares, merchandise, substances, articles, or things are stored, kept and
offered for retail sale to the public, but shall not include a food store, a
discount department store, a major department store, a convenience
store, a drug store, a video store, or a general merchandise store;
(28)
-4-
"Spa" shall mean an establishment which will offer traditional hairdressing
and aesthetic services, such as botox, body treatments, laser hair
removal, and other body therapy services, but shall not include a personal
service shop or a body-rub parlour;
(29)
"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
preformed for remuneration, but shall not include a body shop or any
establishment engaged in the retail sale of vehicle fuels;
(3O)
"Vehicle Sales or Rental Establishment" shall mean an establishment in
which its main use is the sale, 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;
(31)
"Video Store" shall mean a building or part of a building in which video
cassette recorders and tapes and accessories thereto are stored,
serviced, displayed, and offered for rent or retail sale to the public for use
off the premises only.
5. PROVISIONS
(1) (a) Uses Permitted ("MU-SRN~I" Zone)
No person shall, within the lands zoned "MU-SRN-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:
(i) assembly hall;
(ii) business office;
(iii)commercial club;
(iv) commercial-recreational establishment;
(v) discount department store;
(vi) drug store, as an accessory use to permitted uses (v) and (x);
(vii)dry cleaning depot, as an accessory use to permitted uses (v)
and (x);
(viii) duplicating shop, as an accessory use to permitted uses (ii), (v),
(x), (xv), and (xvi);
(ix) financial institution;
(x) food store;
(xi) home and design centre;
(xii)home improvement centre;
(xiii) hotel;
(xiv)place of amusement or entertainment;
(xv) professional office;
(xvi)retail store;
(xvii) restaurant - type A;
(xviii) spa;
(xix) vehicle sales or rental establishment;
(b) Zone Requirements ("MU-SRN-I" Zone)
No person shall within the lands designated "MU-SRN-I" on Schedule I
attached hereto use any lot or erect, alter or use any building except
in accordance with the following provisions:
(i) Yard Setbacks (minimum):
(ii)Building Height (maximum):
(iii) Floor Area Limitations:
see Schedule I attached
22.0 metres
A Maximum aggregate floor area for all uses shall be 27,000
square metres;
B
DR FT
Maximum aggregate floor area for all business and
professional offices shall be 6,000 square metres;
C
Maximum aggregate floor area for all restaurants - type A shall
be 2,000 square metres, unless at least one restaurant - type
A has a minimum gross leasable floor are of 1,000 square
metres, in which case the maximum aggregate gross leasable
floor area for all restaurants -type A shall be 3,000 square
metres;
D Minimum floor area for a discount department store shall be
9,000 square metres;
E Minimum floor area for a food store shall be 4,515 square
metres;
F Minimum unit size for a retail store shall be 1,400 square
metres;
G
Despite clause F above, a maximum aggregate floor area of
2,500 square metres shall be permitted for retail stores
between 100 square metres and 1,400 square metres, of
which a maximum of five retail stores can have floor areas
between 100 square metres and 300 square metres;
H Minimum floor area for a spa shall be 150 square metres;
(iv) Open Storage and Display:
A
All permanent uses, other than parking, shall take place
entirely within enclosed structures with no outside storage or
display;
B
Despite clause A above, an outdoor sales and display area
may be established and maintained in conjunction with and
as accessory to any food store, discount department store,
or retail store in excess of their respective minimum floor
areas outlined in subsection (iii), provided that the outdoor
sales and display area is not more than 20 % of the floor
area, up to a maximum of 2,000 square metres, and further
provided that all such outdoor storage and display areas
shall be completely screened from all public roads by
building, structures, walls, fences, landscaping, or and
combination thereof;
C
Despite clause A above, an outdoor sales and display area
may be established and maintained in conjunction with and
as accessory to any home improvement centre for the
storage of lumber and other supplies, as long as no more
than 50% of the gross leasable floor area of that component
is used for storage or display, and all such storage and
display areas are completely and permanently screened
from all public roads by buildings, structures, walls, fences,
landscaping, or any combination thereof;
D
Despite clause A and B above, a maximum of one outdoor
storage and display area may be established and maintained
in conjunction with and accessory to a retail store with a
minimum floor of 9,000 square metres, devoted primarily to
the sale of home improvement items, provided that the
outdoor storage and display area does not exceed 3,000
square metres in size, is completely screened from all
building, walls, fences, landscaping or any combination
thereof, and provided further that the area devoted to
outdoor storage shall not be included in the calculation of
floor area or gross leasable floor area;
-6-
(v) Parking Requirements:
.OR, FT
A
For a vehicle sales or rental establishment, there shall be
provided and maintained on lands zoned "MU-SRN-I" on
Schedule I attached hereto, a minimum of 1 parking spaces
per 25 square metres for customers and employees, in
addition to any parking provided for the outdoor display of
vehicles for sale, rent or lease;
For all other permitted uses there shall be provided and
maintained on the lands zoned "MU-SRN-I' on Schedule I
attached hereto, a minimum of 1,000 parking spaces;
C
Despite sections 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all entrances and exits to parking areas and all
parking areas shall be surfaced with brick, asphalt or
concrete, or any combination thereof;
D Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended,
shall not apply;
(vi) Special Regulations:
A
B
C
D
E
Despite any other provision contained herein, an enclosed
shopping center, pedestrian mall, or other enclosed
pedestrian structure providing access to more than one
building for member of the public, shall not be permitted;
A vehicle sales or rental establishment and the outdoor
display of vehicles for sale, rent or lease associated with a
vehicle sales or rental establishment shall only be located
within the hatched area identified on Schedule I attached
hereto;
The permitted uses listed as 5(1)(a)(vi), 5(1)(a)(vii), and
5(1)(a)(viii) shall be entirely contained within and accessory
to, their principal permitted uses identified in clause 5(1),
with no direct external access;
The percentage of the lands zoned "MU-SRN-I" on
Schedule I attached hereto covered by all building shall not
exceed 40% of the lot area;
The floor area of a restaurant which is entirely contained within,
accessory to, and accessed only through, a discount
department store, a food store, or a retail store, shall not
contribute to the maximum aggregate floor area for restaurants
- type A, but shall contribute to the gross floor area of the
discount department store, food store, or retail store;
-7-
REPEAL OF BY-LAW
Upon this by-law being in force and effect, By-law 2351/87 is repealed.
BY-LAW 3036
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 matter not
specifically dealt with in this By-law shall be governed by relevant provisions
of By-law 3036, as amended.
8. EFFECTIVE DATE
This By-law shall come into force in accordance with the provisions of the
Planning Act.
BY-LAW read a first, second and third time and finally passed this 20th day of June;l~05.
Dave Ryan,~/
Debi A. Bentley, Clerk
SCHEDULE 'r TO BY-LAW
PASSED THIS
DAY OF 2OO5
MAYOR
CLERK
BEECHLAWN DRIVE
NOTION ROAD
NOTION ROAD
BROCK ROAD
ATTACHtVIENT ~ // ,TO
o _
City of Pickering Planning & Development Department
PROPERTY DEscRIPTION S. PT. OF LOT 17 & 18, CON1, 40R-20443, PTS, 1, 3, 5-11 & 40R-20443, PT. 2
...APPLJCANT RRVP PICKERING WEST INC. DATE JAN. 5, 2004 DRAWN BY JB
FILE No. A 01/05 SCALE 1:§000 CHECKED By' GR
FOR DEPARTMENT USE ONLY PN-9 PA-
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~,TTACH~E[',IT # 3 TO
PICKERING
INFORMATION REPORT NO. 02-05
FOR PUBLIC INFORMATION MEETING OF
February 17, 2005
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 01/05
The Pickering Home & Leisure Centre
R.R.V.P. Pickering West Inc. (RIO CAN)
1755 - 1805 Pickering Parkway
South Part of Lot 17 & 18, Concession 1
(40R-20443, Part 1, 3, 5, 6, 7, 8, 9, 10, 11 & 40R-20442, Part 2)
City of Pickering
1.0
2.0
PROPERTY LOCATION AND DESCRIPTION
the subject property is approximately 9.5 hectares in size, and located on the
south side of Pickering Parkway, north of the 401, between Brock Road and
Notion Road (see Attachment #1 - Location Map);
the property is currently operating as a specialty retailing node within the City
of Pickering, also known as 'The Pickering Home and Leisure Centre';
Canadian Tire and residential uses (across Brock Road) located to the west,
First Pro Shopping Centre located to the north, vacant land and industrial
uses (across Notion Road - Ajax) located to the east, and the 401 and
industrial uses located to the south (see Attachment #2 - Applicant's
Submitted Plan).
APPLICANT'S PROPOSAL
the applicant proposes to amend the existing zoning of the subject property to
permit additional uses and revise leasable floor area provisions (see
Attachment #3 - Proposed Zoning Changes).
Information Report No. 02-05 Page 2
3.0
3.1
3.2
3.3
OFFICIAL PLAN AND ZONING
Durham Reqional Official Plan
- the Durham Regional Official Plan identifies the subject lands as being
designated "Living Area";
- this designation permits 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;
- the applicant's proposal appears to comply with this designation;
Pickerinq Official Plan
the subject property is designated "Mixed Use - Specialty Node" within the
Village East Neighbourhood;
this designation permits hotels, limited offices, community, cultural and
recreational uses, limited residential development at higher densities, and
special purpose commercial uses such as: large format retailers, retail
warehouses, membership clubs, theme and/or specialty retailers, automotive
uses, and ancillary retailing of other goods and services including restaurants;
this property is located within one of the two Detailed Review Areas within the
Village East Neighbourhood;
Schedule II of the Pickering Official Plan -"Transportation Systems"
designates Pickering Parkway as a Type C - Arterial Road;
Zoninq By-law 3036
- the subject property is currently zoned "M1-7/SPC-3" - Storage & Special
Commercial by By-law 3036, as amended by By-law 2351/87;
- the current zoning permits the following uses:
· Business Office;
· Commercial Club;
· Financial Institution, as accessory to a home and design centre only;
· Home and Design Centre;
· Home Improvement Centre, as accessory to a home and design centre only;
· Hotel;
· Professional Office;
· Retail Store;
· Restaurant-Type A;
· Vehicle Sales or Rental Establishment;
the applicant is requesting to amend the existing zoning of the subject
property to permit additional uses and revise leasable floor area provisions
(see Attachment #4 - Zoning By-law 2351/87 & Attachment #5 - Applicant's
Proposed Zoning By-law);
this amendment applies to 1755 -1805 Picketing Parkway.
Information Report No. 02-05
Page 3
4.0
4.1
4.2
4.3
5.0
RESULTS OF CIRCULATION
Resident Comments
- no resident comments have been received to date;
A.qency Comments
- no agency comments have been received to date;
Staff Comments
- in reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
· the examination of existing and proposed Pickering Home & Leisure
Centre uses;
· the compatibility of the Pickering Home & Leisure Centre uses with
surrounding developments;
· the impact of revised leasable floor areas on the Pickering Home &
Leisure Centre and surrounding developments;
· the examination of parking requirements to ensure that the parking supply
is adequate on the site;
· the examination of the applicant's proposed by-law to ensure that it is
consistent with municipal standards;
this Department will conclude its position on the application after it has
received and assessed comments from the circulated departments, agencies
and the public.
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.
Information Report No. 02-05
Page 4
6.0 OTHER INFORMATION
6.1 Appendix No. I
6.2
6.3
list of neighbourhood residents, community associations, agencies and
City Departments that have commented on the applications at the time of
writing report;
Information Received
copies of the Applicant's Submitted Plan, Market Review prepared by
urbanMetrics inc., and a Planning Analysis Report prepared by The Biglieri
Group Ltd. are available for viewing at the offices of the City of Pickering
Planning & Development Department;
Property Principal
The owner of the property is R.R.V.P. Pickering West Inc. (RIO CAN) and the
applicant is RIOCAN Real Estate Investment Trust (Stuart Craig), and the agent
for this application is the Biglieri Group (Maurizio Rogato).
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY'
Geoff Romanowski, CPT
Planner I
GXR:Id
Attachments
Lynda Taylor, MCIP, RPP
Manager, Development Review
Copy: Director, Planning & Development
APPENDIX NO, I TO
INFORMATION REPORT NO. 02-05
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date;
COMMENTING AGENCIES
(1) none received to date;
COMMENTING CITY DEPARTMENTS
(1) none received to date.
HCKE, RING
Excerpts from
Statutory Public Information Meeting
Pursuant to the Planning Act
Minutes
Thursday, February 17, 2005
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.
(i)
ZONING BY-LAW AMENDMENT APPLICATION A 01/05
THE PICKERING HOME & LEISURE CENTRE
R.R.V.P. PICKERING WEST INC. (RIO CAN)
t755- 1805 PlCKERING PARKWAY
SOUTH PART OF LOT 17 & 18, CONCESSION 1
(40R-20443~ PART 1, 3~ 5, 6, 7, 8~ 9, 10, 11 & 40R-20442, PART 2)
Geoff Romanowski, Planner I, Development Review, provided an overview, of
property location, applicant's proposal and City's Official Plan policies
pertaining to this site, as outlined in Information Report #02/05.
Ornella Richichi, representing First Pro, advised that they are not opposed to
flexible uses but are concerned with the food store and discount department
store use. She also stated their concern with respect to the quality of the
market study, which she felt should be peer reviewed.
Joel Farber, Solicitor for Rio Can, felt that the concerns voiced by Ms. Richichi
were unwarranted as Wal-Mart and Sobey's have not stated an objection to this
application.
-1-
FEB 22 2885 4:28 PM FR FIRST PRO 905 ?GO S20! TO SSOS4207648 P.82
FiRSTPRO
~_Jlll_J
J J/J SHOPPING CENTRES
259 Yorkland Road, Suite 300, Toronto, Ontado M2J 5B2
Telephone (416) 493-9112 Fax (416) 493-2744
February 22, 2005
City of Picketing
Planning and Development Department
One The Esplanade
Picketing, Ontario L1V 6K7
Attention: Mr, Geoff Romanowski
Planner
Dear Mr. Romanowski
RE:
Zoning By-law Amendment Application A 01105
RRVP Pickering West Inc. (Riocan)
Home and Leisure Centre
City of Pickering
We are the owners of 1899 Brock Road in the City of Picketing. We have recently been notified
of the public meeting for the above referenced application. As you are aware, we made
representation at the public meeting, whereby we indicated our concerns with the application.
We were asked to provide a written overview of our presentation comments:
· We are not opposed to the Home and Design Centre requesting flexibility in personal
service uses to broaden their ability to attract a variety of personal service tenants or the
request to amend the GLFA requirements;
· We are concerned with the quality of the market study. We do not take offence with the
reports historical overview of the centre and why it has under performed over the years.
· However, we do not think that the market study has unsatisfactofi!y addressed the
policies in the City of Picketing Official Plan and the impacts that the requested
additional uses, mainly the discount department store and food store, would have;
· The analysis is largely based on a market study prepared in support of First Pro's centre
back in 2001. There have been many changes in the market place since that time;
· The market study submitted in support of this application does not contain an inventory
or consumer survey-in other words-supporting analysis typically found in a thorough
comprehensive study;
The market study assumes sales from exiting stores to support the request for these
uses and this needs to be more thoroughly examined;
- When First Pro undertook to develop our centre we were rightly put through a rigorous
process and our market study was peer reviewed by the City's selected consultant at the
proponents costs;
· At the very least, we are requesting that the market stud), be peer reviewed for the
reasons I've just stated.
~RINI~ING
VALUE TO CANADIAN
COMMLJN[TIES
FEB E~ ~005 4:28 PM FR FIRST PRO 905 ?80 6~8! TO 9B054~07~48 P.03
We will continue to monitor this applications and request to be notified of any future meetings.
Should you have any questions, please do not hesitate to contact the undersigned.
· Yours truly, /q /7 ///
Omella Richichi
Vice President, Land Development
TOTAL PAGE.OS ~
EB 17 2005 !4:31 PR AIRD & BERLIS LLP 2 416 8~5 1515 TO ~3~0m~1916~9054 P.0~×02
February 17, 2005
E'CE 'VED
FEB ? 7 5005'
C~T¥ OF' PICK -
BY FAX #905.420.0515
Mr. Bruce Taylor
City Clerk
City of Picketing
1 The Esplanade
Picketing, ON L1V 6K7
Our File ~N.1916
Dear Mr. Taylor:
Re:
Zoning Amendment Application - A 0tl05
R.R.V.P. Plckering West Inc. (RIO CAN}
We act on behalf of Lobtaw Properties Limited with re~;pect to the above-noted matter.
We have just become aware of this application and have not had an opportunity to review
any information filed in suppor~ of the proposal. As such, we are not in a position to
provide any comments at this time. Would you kindly provide us with a copy of the
information filed in support of the application and any other relevant file materials that will
assist us in understanding the proposal. Kindly invoice t~is firm for any reasonable costs
associated with preparing and forwarding this material to us.
We would also request that the undersigned be provided with notice of any further public
meetings or meetings of Coonci] held with respect to th[~ matter, as well as not,ce of any
Zoning By-law Amendment adopted by Council
Please feel free to contact the undersigned should you h~.lve any questions with respect to
the foregoing.
Yours very truly,
AIRD & BERLIS LLP
cc: Jeff Romanowski, Planner, City of Ptckering
::ODMA~CDOC$~DOCS\1840028\1
BCE Pla,~e, Suite 1800, 8ox 754, 181 Bay S~'aet, Toronto, on~lo', Canada ;~IsJ 21'9 T: 416.~63.1500 F: 416.863.1515'
www.airdberlis.com
Affiliated with Owen, Bird / Vmn~uv~r
· ~ TOTRL PRGE,02~
The Regional
Municipality
of Durham .-
Plahning Departmen;[
February t4, 2005
Ge0ff Romanowski, Planner
Pickering Civic Complex
One The Esplanade
Pickering; Ontario
L1V 6K7
Mr. RomanoWski:
..'FEB' I 6 2005 ..
CITY OF PiCKF_.RI. NG
PLANN{NG & DEVELOPMENT
DEPAR't'MENT
Re:
Zoning Amendment Application A 01./05
Applicant: RIO Can
· .LOcation:. - i 755 & 1805 Picketing Parkwayl Picketing
Part LOt 17& 18, Concession 1
- Municipality: Cityof PiCketing.'
1615 DUNDAS ST. E,
4TM FLOOR, LANG TOWER
WEST BUILDING
' PO BOX 623
WHITBY ON L1N 6A3
CANADA ~
.905-728-7731
~x: 905-436-6612
_:mail: pianning@
region.durham.on. Ca -
www. re¢0n.durham.on.ca
A.L. Georgieff, MCIP, RpP
Commissioner of .PJarining
" Se~'vice,Exb~!lence
This applicati'on .has .been reviewed by title Region of Durham and the following
comments are offered. :
The purpOse of this application is 'to amend the existing zoning of the subject
property to permit additional uses and.revise leasable floor area 'provisions.
Regional Official. Plan
The lands subject to this application are designated "Living Area" in the .Durham
Regional. Official Plan. Subject to the incluSion of appropriate provisions and
.designations in the area municipal Official plan, limited retailing of goods a-nd services
may.be permitted !n. Living .Areas.
Re,qional Services
Municipal water supply and sanitary seWer services are available to the site.
ProVincial PoliCies & Delegated. Review Responsibilities
This application has been screened in accordance with th'e terms of the provinCial
plan review respOnsibilities. There are no matters of prov!ncial interest applicable to
this' appli~ation:
'If you have any questions Or require further information, please do 'not hesitate to
.contact me.
Dwayne Campbell Planning Analyst
Current Operations Branch
cc: Peter Castellan, Regional Works Department
-- _
N
:\pim\dc~Zoning\Comments\Pickering~A01-05.doc
100% Post Oonsumer
FEB-OI-2OOG ?UE 0i:~4 PM
FSX
02/02
t' PROJ'ECT NAME:
VERIDIAN CONNECTIONS
DEVELOPMENT kPPLICAT~ON REVIEW
1755 & 1805 P{~e~g P~y (Sou~ p~ of Lot 17 & 18, Concession
REF. NO.:
A Or/OS
Picke.dag
CUBMISSION DATE: Jaauagr 26, 2005
1. Ve~idi~n Co:anec6ons has no comment on t-his
RE. CMI VED
FEB 0 1 2005
CITY OF PICKERING
PLANNING & DEVELOPMEN~
DEPARTMENT
?
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
February 15, 2005
To:
From:
Subject:
Geoff Romanowski
Planner I
Robert Starr
Supervisor, Development Control
Zoning By-law Amendment Application A01/05
RRVP Pickering West Inc.
1755 & 1805 Pickering Parkway
City of Pickering
We have reviewed the above-noted application and have no comments or concerns.
RS:bg
Robert S'~arr