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HomeMy WebLinkAboutAugust 4, 2005Statutory Public Information Meeting Agenda Pursuant to the Planning Act Thursday, August 4, 2005 7:00 P.M. Chair- Councillor Johnson (i) ZONING BY-LAW AMENDMENT APPLICATION A 13105 WAL-MART CANADA INC. 1899 KINGSTON ROAD PART OF LOT 18, CONCESSION 1 (40R-12591, PART 1 & 40R-19801, PARTS 3-10) 1-17 3. 4. 5. Explanation of application, as outlined in Information Report #16-05 by Planning Staff. Comments from the applicant. Comments from those having an interest in the application. Response from applicant. Staff response. (11) ZONING BY-LAW AMENDMENT APPLICATION A 17/05 LAKELAND ASSOCIATES LIMITED 3325 HIGHWAY NO. 7, KINSALE (NORTH PART OF LOT 2, CONCESSION 5) 18-25 Explanation of application, as outlined in Information Report #17-05 by Planning Staff. Comments from the applicant. Comments from those having an interest in the application. Response from applicant. 5. Staff response. Statutory Public Information Meeting Agenda Pursuant to the Planning Act Thursday, August 4, 2005 7:00 P.M. Chair- Councillor Johnson (III) ZONING BY-LAW AMENDMENT APPLICATION A 19105 R. & M. GRAHAM 1610 CENTRAL STREET, CLAREMONT (PART OF LOT 19, CONCESSION 9) (PART 1, 40R-15519) 26-31 Explanation of application, as outlined in Information Report #18-05 by Planning Staff. Comments from the applicant. Comments from those having an interest in the application. Response from applicant. 5. Staff response. 00i PICKERING INFORMATION REPORT NO. 16-05 FOR PUBLIC INFORMATION MEETING OF August 4, 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 13/05 Wal-Mart Canada Inc. 1899 Kingston Road Part of Lot 18, Concession 1 (40R-12591, Part 1 & 40R-19801, Parts 3-10) City of Pickering 1.0 2.0 3.0 3.1 PROPERTY LOCATION AND DESCRIPTION the subject property is approximately 19.0 hectares in size, and located on the north-east corner of Brock Road and Pickering Parkway (see Attachment #1 - Location Map); commercial land uses abut the property to the north (Brockington Plaza) and south (Canadian Tire & The Pickering Home and Leisure Centre); residential land uses abut the property to the east and west, across Brock Road. APPLICANT'S PROPOSAL the applicant proposes to amend the zoning of the property to permit a seasonal drive-thru garden centre for outdoor sales and display; this application is proposing approximately 280 square metres of new floor area dedicated to the seasonal drive-thru garden centre (see Attachment #2 - Applicants Submitted Plan). OFFICIAL PLAN AND ZONING Durham Reqional Official Plan - the Durham Regional Official designated "Living Area"; Plan identifies the subject lands as being 0 0 ~ Information Report No. 16-05 Page 2 3.2 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 Brock Road as a Type A - Arterial Road and Pickering Parkway as a Type C - Arterial Road; 3.3 4.0 4.1 4.2 Zoning By-law 3036 as amended by By-law 5511/99 and 6011/02 the subject property is zoned "(H-2)MU-SRN" - Mixed Use - Specialty Retailing Node by By-law 3036 as amended by By-law 5511/99 and 6011/02 (see Attachment #3 - Zoning Map); the property permits a variety of retail, office and commercial uses (see Attachment #4 - By-law 5511/99 - Permitted Uses); the applicant is requesting to amend the existing zoning of the property to permit a seasonal drive-thru garden centre for outdoor sales and display; to establish a limit to the length of time a seasonal drive-thru garden centre may operate (i.e. April to June); this amendment applies to Wal-Mart located at 1899 Brock Road. RESULTS OF CIRCULATION Resident Comments no written resident comments have been received to date; Agency Comments - no written agency comments have been received to date; Information Report No. 16-05 Page 3 0 0 ~ 4.3 5.0 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · the compatibility and the appropriateness of the proposed use within the existing development; · the examination of the preliminary site plan to ensure adequate site function; · the examination of the length of operation for the seasonal drive-thru garden centre; · the evaluation of the "(H-2)MU-SRN" zoning to ensure that the inclusion of the seasonal drive-thru garden centre is appropriate and that the proper provisions are added to the by-law for zoning purposes; · the examination of the parking requirements for the property to ensure that minimum on-site parking is available when the seasonal drive-thru garden centre is in operation; · consider identifying the area devoted to the seasonal drive-thru garden centre on to the associated By-law Schedule; · the examination of this application to ensure that it is consistent with the polices of the 2005 Provincial Policy Statement; 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. 0 0 4 Information Report No. 16-05 Page 4 6.0 6.1 6.2 6.3 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 copies of the Applicant's Submitted Plan prepared by Petroff Partnership Architects are available for viewing at the offices of the City of Pickering Planning & Development Department; Property Principal The owner of the property is First Simcha Shopping Centres Limited, the applicant is Wal-Mart Canada, and the agent for this application is Roy Lewis of Petroff Partnership Architects. FGl~alaOff J~(~r~nanowski, CPT nner II GXR:jf Attachments Lynda Taylor, MClP, R,,~I5 Manager, Development Review Copy: Director, Planning & Development 005 APPENDIX NO. I TO INFORMATION REPORT NO. 16-05 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) Pickering Fire Services 006 FINCH AVENUE FINCH AVENUE ROAD BAINBRIDGE SUBJECT PROPERTY COURT COURT DRIVE PARKWAY COURT City of Pickering Planning & Development De 3artment PROPERTY DESCRIPTION PART OF LOT 18, CON. 1, 40R-12591, PART 1, 40R-19081, PTS. 3-10 OWNER FIRST SIMCHA SHOPPING CENTRES DATE MAY 16, 2005 DRAWN BY JB ~"/~ FILE No. A 13/0§ SCALE 1:5000 CHECKED BY GR Not a p ..... Sum/e~,. PN=9 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN FIRST SIMCHA SHOPPING CENTRES. A 13/05 -- II I IIIIIII1~;1~1~ EXISTING WAL-MART ~ I Itll I II1~1~_~ IIIIIIIIIIIIIIIIIIIIIIII1~ ktllllllllll PROPOSED SEASON~ - GARDEN CENTRE INCH ,AVENUE AMENDED BY 6134/03 A II "CA3 BY-LAW 1055 S, 40 i R3 R3 1037/79 5568/99 LCA. I (H-2} MU-SrN BY-LAW 5511/99 BY-LAW 6011/O2 BAINBRIDGE s4 54 NP NP R3 S2 DRIVE 2118/85 S4 S4 _AR~SMERE ~ i' SPC-2/CA(E)- ;..., , PAR _K~/VAY , · · #..¢__'ro IHFORMATION RElaORT#~ ' THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 5511/99 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lot 18, Concession 1, in the Town of Pickering. (A16/98) WHEREAS an amendment to By-law 3036, as amended, to permit, in addition to a trade centre, the development of large format retailing, including a food store, discount department store, and ancillary retailing of goods and services, is.deemed necessary by the Ontario Municipal Board pursuant to section 34(11) of the Planning A ct; NOW THEREFORE THE ONTARIO MUN-IC~AL BOARD BY ORDER AMENDS BY-LAW 3036, AS AMENDED, AS FOLLOWS: i. SCHEDULEI Schedule I attached hereto with notations and refe~:ences shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to these lands in Pan of Lot 18, Concession 1, in the Town of Pickering, designated "(I-I-2)MU-SRN" on Schedule I attached hereto. GENERAL PROVISIONS No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or s. tructurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, O) "Assembly Hall" shall mean a building or part of a building in w. hich facilities are provided for purposes such as civic, educational, political, religious or social meetings and which may include an auditorium or a banquet hall; (2) "Body Shop" shall mean an establishment engaged in repairing or painting vehicle 'bodies; (3) "Business Office" shall mean a building or part of a building in which the management or direction of a 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; (4) (5) "Commercial Club" shall mean an athletic, recreational or social club ope.rated for gain or profit and having public or private membership; · "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; (6') "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; (7) "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 memhandising 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; .(8) "Drug Store'.2 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, confectionery items, cosmetics, toiletries, periodicals, or similar items of'day-to-day household necessity are stored, displayed and offered for retail sale; (9) "Dry Cleanin~ 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, of fabrics which have been subjected to any such processes; (10) ~ shall mean part of a building where such items as letters, plans, pictures and documents are reproduced by photostatting, blueprinting or other similar methods;. (11) "Financial Institution" shall mean a building or part of a l~uilding in which money is deposited, kept, lent or exchanged, and which includes a chartered bank or branch thereof; (12) "Floor Area" shall mean the aggregate of the floor areas of ali 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; (13) "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; (14) "General Merchandise Store" shall mean a general memhandise store as defined by Statistics Canada (1980 Standard Industrial Classification Code 6413), such as but not limited to Bi-Way, Barga. in 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; (15) "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 6ccupancy or exclusive use only, but excluding those areas used exclusively for .storage purposes which are below established grade or within mezzanines; (16) "Maior Department Store" shall mean a major department store as defined by Statistics Canada, such as but not limited to Eaton's, 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; (17) "Personal Service Shop~2 shall mean an establishment in which personal service is. performed and which may include a barber shop, a beauty salon, a shoe repair .shop, a tailor or dressmaking shgp or a photographic studio, but shall not include a body-rub parlor as defined in the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; (18) "Place o~ Amusement or Entertainment" shall mean a btiilding or part of a' building in which facilities ate :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; (19) "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 laxwer 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; (20) "Restaurant - Type F" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or offthe premises, or both on and offthe premises, and which may include a drive-through, order and pick-up service, 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; (21) (22) (23) "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 deparUnent store, a convenience store, a drug sfore, a video store, or a general merchandise store; "Trade Centre"-this section is deleted by By-Law 6011/02 "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 in return for remuneration, but shall not include a body shop or any establishment engaged in the retail sale of vehicle fuels; (24) "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 offthe premises only. PROVISIONS Amended by By-Law 6011/02 1) Uses Permitted "(H-2)MU-SRN" Zone No Person shall, within the lands designated "(H-2)MU-SRN' on Schedul~ I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following, subject to specific provisions in this By- law: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x)' (xi) (xii) (xiii) (xiv) (xv) (xvi) assembly hall; business office; commercial club; commercial-recreational establishment; financial institution; discount department store; food store; place of amusement or entertainment; professional office; restaurant - type F; retail store; drug store, as an accessory use to permitted uses (vi) and (vii); dry cleaning depot, as an accessory use to permitted uses (vi) and (vii); duplicating shop, as an accessory use to permitted uses (ii), (vi), (vii), (ix), and (xi); personal service shop, as an accessory use to permitted uses (ii), (vi), (vii), (ix), and (xi); vehicle repair shop, as an accessory use to permitted use (vi). (2) Zone Requirements ("(H-2)MU-SRN"Zone) No person shall within lands designated "(H-2)MU-SRN"on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) BUILDING HEIGHT: A For the purpose of this clause, "building height" shall mean the vertical distance between the established wade and the highest point of the roof surface or parapet. A penthouse tower, cupola, steeple or other roof structure which is used only as an ornament or to house mechanical equipment of any building shall be disregarded in calculating building height; B No building, part of a building, or structure that is greater than 15 metres in height shall be erected on the lands; C Notwithstanding clause B above, any building erected within 150 metres of the Brock Road right-of-way shall be a minimum of 7 metres and a maximum of 23 metres in height; (ii) BUILD1NG LOCATIONS: A No'building, part of a building, or structure shall be erected outside of the building envelope illustrated on Schedule I attached hereto; B No building shall be erected within 150 metres of the Brock Road fight-of-way unless a minimum 75% of the length of the building's west-side wall is within the build-to-zone illustrated on Schedule I attached hereto; . C Notwithstanding clause B above, a building may be erected within · 150 metres of the .Brock Road fight-of-way, and outside of the build-to-zone illustrated on Schedule I' attached hereto, if a minimum 40% of the length of the build-to-zone contains a building(s) and/or part of a building(s); IAmended by By-Law 60t I,'02 (iii) D Clause 5.22(7) of By-law 3036, as amended, shall not apply to lands designated "(H-2)MU-SRN"on Schedule I attached hereto; FLOOR AREA LIMITATIONS FOR CERTAIN USES: A Maximum aggregate floor area for all uses shall be 49,237 square metres; B 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 F shall be 2,000 square metres, unless at least one restaurant - type F has a minimum floor area of 1,000 square metres, in which case the maximum aggregate floor area for all restaurants - type F 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 G Minimum unit size for a retail store shall be 1,400 square metres; Notwithstanding clause H above, a maximum aggregate floor area of 9,300 square metres shall be permitted: (1) for retail stores less than 1,400 square metres, but larger than or equal to 300 square metres; (2) of which, a maximum aggregate floor area of 1,400 square metres shall be permitted for retail stores less than 500 square metres, but larger than or equal to 300 square metres; (iv) OUTDOOR STORAGE'AND DISPLAY: A All permanent uses, other than parking, shall take place entirely within enclosed buildings or structures With no outside storage or display; B Notwithstanding clause A above, an outdoor sales and display area may be established and maintained in conjunction with and as accessory to any food store, any discount departmen~ store, and any retail store having a floor area in excess of 1,750 square metres, 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 sales and display areas are permanently screened from all public roads by buildings, structures, wails, fences, landscaping, or any combination thereof; 014 (v) ATT~ # '~-TO INFORMA~ON C Notwithstanding clause A above, a maximum of one outdoor storage area may be established and maintained on lands designated "(H-2)MU-SRN"on Schedule I attached hereto, in conjunction with and accessory to a retail store with a minimum floor area of 9,000 square metres,' devoted primarily to the sale of home improvement items, provided that the outdoor storage area does not exceed 3,000 square metres in size, is completely and permanently screened by buildings, structures, 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; PARKING REQUIREMENTS: ',, Amended by By-Law 6011/02 A B For the purpose of this clause "par'king 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; For all uses, there shall be provided and maintained on the lot a minimum of 5.0 parkingspaces for each 100.0 square metres or part thereof of gross leasable floor area; C D For all uses, there shall be provided and maintained on the lot a minimum of 5.0 parking spaces for each 100.0 square metres or pan thereof of gross leasable floor area; Notwithstanding 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; E All parking .areas. shall be set back a minimum of 3.0 metres fi.om any road allowance; F All two-way parking aisles shall have a minimum perpendicular width of 6.5 metres, which shall not include any portion of a parking space; G Sections 5.21.2a) and 5.21.2b) of By-law 3036, as amended, shall not apply; · (vi) SPECIAL REGULATIONS: Amended by By-Law 6011/02 A B A maximum of one food store with a floor area greater than 700 square metres shall be permitted On lands designated" * T (H-,)MU- SRN"on Schedule I attached hereto; Notwithstanding clause 4.2.4 of By-law 3036, as amended, in the event that a portion of the existing Picketing Parkway is closed to facilitate the realignment of Picketing Parkway, the southern boundary of the "(H-2)MU-SRN" zone designated on Schedule I attached hereto, shall coincide with the centreline of a i'ealigned ' Pickering Parkway, and the building envelope is deemed to be 3.0 metres fi.om the road allowance; C Notwithstanding any other provision contained herein, within, lands designated "(H-2)MU-SRN" on Schedule I attached hereto, occupancy of any food store with a floor area greater than 700 square metres,.shall n.ot be permitted prior to June 11, 2003; D Notwithstanding any other provision contained herein, a major department store shall not be permitted within lands desi~ated "(H-2)MU-SRN" on Schedule I attached hereto; 0!5 F G H Notwithstanding any other provision contained herein, an enclosed shopping centre, pedestrian mall, or other enclosed pedestrian structure providing access to more than One building for members of the public, shall not be permitted; The permitted uses listed as 5(1)(xiii), 5(1)(xiv), 5(1)(xv), and 5(1)(xvi), shall be wholly contained within, and accessory to, their principal permitted uses identified in clause 5(1), with no direct . external access; Notwithstanding clause 5(2)(iii)G, a food store with a floor area greater than 300 square metres and less than 700 square metres, shall be permitted; The' floor area of a restaurant which is wholly 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 - F, but shall contribute to the gross floor area of the discount department store, food store, or retail store; (3) Revoked by By-law 5692/00 Revoked by By-law 5692/00 Holdin~ Provisions ("(H)' Symbols) (i) USES PERMITTED: A B While the "(H-2)" holding symbol is in place, outdoor storage shall not be permitted within the lands designated (n-_)MU-SRN on Schedule I attached hereto, not~vithstanding clause 5(2)(iv)C of this By-law; (ii) REMOVAL OF "(H)" HOLDING SYMBOLS:' A B Prior to an amendment to remove the "(H-2)" - Holding Symbol preceding the zone category "(H-2)MU-SRN", the following conditions shall be met: (i) Appropriate site plar~develqpment agreement(s) ~hall be entered into between the Owner of the lands to which the "(H-2)" - Holding Symbol applies and the Town of Pickering, and shall be registered on title to the lands, to address the appropriate location of an outdoor storage area associated with a retail store devoted primarily to the sale of home improvement items, and also address screening of the outdoor storage area, operational characteristics including noise, dust and lighting contro!, and other related matters; (iii) KEPE.~LED BY-LAW 1894/84: Upon adoption of an amendment to remove the'"(H-2)" - Holding Symbol. preceding the zone category "(H-2)MU-SRN", By-law 1894/84 which 0 ! g I~AT~N ~ #~ amended By-lhw 3036, shall be revoked insofar as it applies to the lands shown on Schedule I attached hereto. o 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 matters 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 date of the Order of the Ontario Municipal Board. O.M.B. File Z980159 · (H-2)MUrSRN PART 1, 4-0R-12591 INFORMATION REPORT#_ I/ \ \ \ 'BUILDING ENVELOPE BUILD-TO ZONE· SCHEDULE I TO BY-LAW 55~/99 AMENDED BY BY-LAWS 5692/00 AS MADEBY AND 6011/02 ONTARIO MUNICIPAL BOARD ORDER DATE June 11, 1999 (O.M.'B. FILEZ980159) PICKERING INFORMATION REPORT NO. 19-05 FOR PUBLIC INFORMATION MEETING OF August 4, 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 17/05 Lakeland Associates Limited 3325 Highway No. 7, Kinsale (North Part of Lot 2, Concession 5) 1.0 2.0 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the south side of Highway No. 7, east of Audley Road (see Location Map, Attachment #1); the subject property has an area of approximately 4.0 hectares, a lot frontage of 80 metres, and currently supports a detached dwelling and accessory structure; the surrounding land uses include residential to the east and west, and agricultural to the north and south; a tributary of Lynde Creek traverses the southwestern portion of the subject property. APPLICANT'S PROPOSAL the applicant proposes to amend the zoning of the subject property to permit a dog daycare and boarding facility with associated specialty retailing as additional uses; the existing residential dwelling on the lot is to be maintained, and the applicant is proposing to accommodate the specialty retailing use within a portion of the dwelling; the existing barn located on the property is to be maintained and used as part of the dog daycare and boarding facility, with the potential to re-construct a new structure in the future; Information Report No. 19-05 Page2 0~ a site plan showing the existing buildings on the property and the applicant's proposal is provided for reference (see Applicant's Submitted Site Plan, Attachment #2). the proposed dog daycare and boarding facility and speciality retailing are proposed only on the portion of the' subject property that is contained with the boundary of the Hamlet of Kinsale (see Attachment #3); 3.0 OFFICIAL PLAN AND ZONING 3.1 3.2 Durham Reqional Official Plan - identifies the subject property as being designated "Rural Settlements - Hamlet" and "Major Open Space System"; - Rural Settlement areas permit the establishment of commercial, residential, community and recreational uses; - the predominant use of lands in the Major Open Space System shall be conservation, recreation, reforestation, agriculture and farm-related uses; - the proposal appears to conform to the Durham Region Official Plan; Pickerinq Official Plan identifies the northern portion of the subject property as being designated "Rural Settlements - Rural Hamlets" and "Hamlet Residential" within the Kinsale Settlement Area; the portion of the property not contained within the boundary of the Kinsale Settlement Area is designated as "Open Space System - Natural Areas"; Rural Hamlet areas permit a variety of uses including residential, employment, commercial, community, cultural and recreational uses; the Kinsale Settlement policies encourage opportunities for enhancing Kinsale through general or site-specific zoning that permits arts and craft studios, workshops and small-scale commercial enterprises on suitable sites, provided the historic character of the village and the interests of neighbouring residents are respected; Schedule II to the Pickering Official Plan -"Transportation System" identifies the proposed future by-pass of a Type 'A' Arterial Road (Highway No. 7) through the southern portion of the property; Schedule III to the Pickering Official Plan -"Resource Management" identifies the south-western portion of the subject property as being within a Shoreline and Stream Corridor area; 0 ~ ~ Information Report No. 19-05 Page 3 3.3 Zoninq By-law 3037 the subject property is dual zoned "CLR8" - Cluster Residential Zone on the northern portion of the property, as amended by By-law 2623/87, and "A" - Rural Agricultural Zone on the remaining portion, as zoned by Zoning By-law 3037 (see Attachment #3); the "CLR8" zoning currently permits a detached residential dwelling, while the "A" zoning permits agricultural uses and a residential detached dwelling; a zoning by-law amendment is required to permit the proposed additional uses on the portion of the property currently designated "CLR8". 4.0 GREENBELT PLAN - the southern portion of the subject property is designated "Protected Countryside - Natural System" within the Greenbelt Plan; - as the proposed application does not apply to the portion of the subject property within the Greenbelt Plan, the proposal complies with the Plan. 5.0 RESULTS OF CIRCULATION 5.1 Resident Comments one resident comment has been received to date requesting additional information; 5.2 Agency Comments - Veridian Connections- no objections; 5.3 Staff Comments - 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 sensitive to, surrounding lands; · environmental impacts of possible pesticide use on the subject property; · conformity with the Kinsale Settlement Area policies of the Official Plan; · functioning of the site with regards to parking and ingress/egress from Highway No. 7; · noise impacts on the surrounding properties; · ensuring that changes of use for existing buildings meet all necessary fire protection, health standards and building codes; · compliance with the Provincial Policy Statement. Information Report No. 19-05 Page 4 0,~ 6.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; 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. 7.0 7.1 7.2 OTHER INFORMATION Appendix No. I - list of neighbourhood residents, community associations, agencies and City Departments that have commented on the application at the time of writing the report; Information Received a copy of the applicant's submitted plan is available for viewing at the offices of the City of Pickering Planning & Development Department. Carla Pierini Planner II CP:Id Attachments Lynda Taylor, MCIP,z/RPP Manager, Development Review Copy: Director, Planning & Development Or.; '~ APPENDIX NO. I TO INFORMATION REPORT NO. 19-05 COMMENTING RESIDENTS AND LANDOWNERS (1) Mike Chen COMMENTING AGENCIES (1) Veridian Connections COMMENTING CITY DEPARTMENTS (1) (2) Planning & Development Department Fire Services City of Pickering HIGHWAY KINSA ? PROF =.RTY Planning & Development Department PROPERTY DESCRIPTION NORTH PART OF LOT 2, CONCESSION 5 OWNER A. GERLACH DRAWN BY JB FILE No. A 17/05 CHECKED BY CP DATE JUNE 30, 2005 SCALE 1:10000 ~ T ..... t £nterpri .......... it= auppll .... All ¢ighta R ..... d. Not a p .... f .... y. ~)~J.DHD ATTACHMENT#Z-"fO INFORMATION COMPILED FROM APPLICANT'S SUBMITTED SITE PLAN A 17~05 HIGHWAY 7 ~,---[t~ 80.0m · "_~'- L · . -.~,.., w. . ,. ,.,~ ,,,. ~ . . · J:. ~j J-"J EXISTING I '~; 'a' F~' DWELLING ' o~ !.--, ~ ~ t...U4 I=L' ' H-H-i r"- "~ ':r". "~ -- · - ' ' ' . i~ ,~ ' ' ,~I,,~';','~, x'~.' ,,-'.-',..,,,~'~J I ,. . /. .. ._.~.J~_ .... ~ , ....... . ~l.~l... ~'.it ' ' ~'~ / l .... ' ...... "' ""~I; -.'~-~ ~'°'~I I t ,~. ,.,'~.. i · ~ . . . / - i · '"" ~T.i' ":' _-x, I '-~ I .... :"I I!'-- '",' ~I~I ,1 'n.' .~-~ ~'t ,C'.'.. ....... . ..... L_ lft .L,_.JiI.~__j' /- THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, JULY 25, 2005. ATTACHMENT# INFOEMATION INFORMATION COMPILED FROM PICKERING OFFICIAL PLAN & ZONING BY-LAW 3037 City of Pickering Planning & Development Department 'ii ..................... DATE JULY 25/05 I PN~'RU ~.E¢,AL ,.~E.E~ S,TE DRAWN BY JB CHECKED BY CP SCALE NTS R O£6 PICKERING INFORMATION REPORT NO. 18-05 FOR PUBLIC INFORMATION MEETING OF August 4, 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 19/05 R. & M. Graham 1610 Central Street, Claremont (Part of Lot 19, Concession 9) (Part 1, 40R-15519) 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is located on the north side of Central Street, west of William Street (see Location Map, Attachment #1) in the Hamlet of Claremont; - the subject property has an area of approximately 2.1 acres, a lot frontage of approximately 23 metres, and currently supports a detached dwelling; - agricultural and residential uses surround the property to the north and west, with an open space area to the east, and an elementary school to the south across Central Street. 2.0 APPLICANT'S PROPOSAL the applicant proposes to amend the current zoning of the subject property in order to permit a bed & breakfast establishment as an additional use within the existing dwelling; a site plan showing the existing building on the property is attached (see Applicant's Submitted Site Plan, Attachment #2); Information Report No. 18-05 Page 2 3.0 3.1 3.2 3.3 3.4 4.0 4.1 4.2 OFFICIAL PLAN AND ZONING Durham Re.qional Official Plan - identifies the subject property as being designated "Rural Settlements - Hamlet"; - residential, employment and commercial uses are permitted under this designation; - the proposal appears to conform to the Durham Region Official Plan; Pickerin.q Official Plan designates the subject property as "Rural Settlement - Rural Hamlets" and "Hamlet Residential" within the Claremont and Area Settlement; these designations permit the establishment of commercial, residential, community, and recreational uses; the applicant's proposal conforms to the policies of the Pickering Official Plan; Oak Ridqes Moraine Conservation Plan the subject property is designated "Countryside Areas - Rural Area" within the Oak Ridges Moraine Conservation Plan (ORMCP); another land use designation identified on the property is "Low Aquifer Vulnerability"; uses permitted within Countryside Areas include, but are not limited to, residential uses and bed & breakfast establishments; a bed & breakfast establishment is limited to a maximum of three guest rooms within a single dwelling. Zonin.q By-law 3037~00 - the subject property is currently zoned "A" - Rural Agricultural Zone, by Zoning By-law 3037, as amended; - the existing zoning permits a detached dwelling, accessory structures, and a home-based business; - a zoning by-law amendment is required to permit the bed & breakfast establishment as an additional use on the subject property. RESULTS OF CIRCULATION Resident Comments none received to date; Aqencv Comments Veridian Connections - no objections; 0;, ~ Information Report No. 18-05 Page 3 4.3 5.0 6.0 6.1 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · compatibility with the surrounding area; · ensuring that a maximum of three guest rooms are provided within the dwelling as per the ORMCP; · ensuring that change of use for the existing building meets all necessary fire protection, health standards and building codes. 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. Carla Pierini Planner II CP:Id Attachments Lynda Taylor, MCIP,/RPP Manager, Development Review Copy: Director, Planning & Development APPENDIX NO. I TO INFORMATION REPORT NO. 18-05 COMMENTING RESIDENTS AND LANDOWNERS (1) none to date COMMENTING AGENCIES (1) Veridian Connections COMMENTING CITY DEPARTMENTS (2) Planning & Development Department Fire Services A ACHUE.'r#_L.. 0 ~ J L~J n" C L~ rw SUBJECT PROPERTY HENRY CENTrAl~ CE STREET ------, :g,. City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART LOT 19, CONCESSION 9 OWNER M. & R. GRAHAM DATE JUNE 29, 2005 DRAWN BY JB N FILE No. A 19/05 SCALE 1:5000 CHECKED BY CP ....... ~ ....................... P .......... g ............................ PN-RUR INFORMATION COMPILED FROM APPLICANT'S SUBMITTED SITE PLAN A 19/05 . . II ,"' 53.3m r -. 22.9m REGIONAL ROAD 5' ,./ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, JUNE 29, 2005.