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Home My WebLink AboutPD 37-05-AddendumPICKERING ADDENDUM TO REPORT TO EXECUTIVE COMMITTEE Addendum to Report Number: PD 37-05 Date: September 30, 2005 Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 8/05 First Capital (Steeple Hill Land) Corporation 670 Kingston Road North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2) City of Pickering Recommendation: o That Pickering Council RECEIVE Addendum to Report PD 37-05 relating to an amendment to the existing zoning on subject lands to permit a variety of office and commercial uses, on lands being North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering. That the additional provisions affecting adjacent westerly lands are technical and minor in nature and do not affect the general intent and purpose of Zoning By-law Amendment Application A 8/05 therefore, NO FURTHER NOTICE is required to be given with respect to this application, in the City of Pickering. That Zoning By-law Amendment Application A 8/05, be APPROVED as set out in the draft by-law attached as Appendix I to Addendum to Report PD 37-05, to amend the existing zoning on the subject lands to permit a variety of office and commercial uses, on lands being North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 8/05, as set out in Appendix I to Addendum to Report PD 37-05 be FORWARDED to City Council for enactment. Executive Summary: At the request of the applicant, consideration of the above-noted application (to permit a variety of office and commercial uses) was deferred by Executive Committee on September 12, 2005. The subject land is located on the north side of Kingston Road, between Steeple Hill Road and Whites Road (see Attachment #1 of original Report PD 37-05). The applicant requested deferral in order to discuss flexibility of development options for the property with staff. The site subject of this application is situated immediately east of the Steeple Hill Plaza. Although the subject site is under separate ownership from the abutting plaza, the sites will function as one cohesive development. Addendum to Report PD 37-05 Subject: Zoning By-law Amendment Application A 8/05 Date: September 30, 2005 Page 2 To accommodate future development options over the consolidated properties, and as this site and the plaza site to the west will function as one integrated development, staff has consolidated the zoning for both sites into one by-law. In consolidating the by-laws, minor adjustments were made to floor area restrictions to assist in the accommodation of future development options. An increase in the gross leasable floor area for a food store from 3,500 square metres to 5,000 square metres and an increase in the gross leasable floor area for restaurants from 900 square metres to 1,500 square metres were requested by the applicant and are supported by staff. The recommended zoning provisions and administrative consolidation of the westerly abutting plaza site and this site within the same by-law permit the sites to function well together, while maintaining the intent of the site-specific rezoning application. Zoning provisions apply independently from ownership. It is recommended that since the modifications to the abutting plaza by-law to incorporate the lands subject of this rezoning application are technical and minor in nature, and not affecting the general intent and purpose of the By-law, that Council pass a resolution advising that no further notice is required to be given with respect to this application (see Recommendation No. 2 of this report). 1.0 Applicant's Comments The applicant has been advised of the recommendations of this report. APPENDIX: Appendix I: Draft By-law Attachments: 1. Report PD 37-05 Addendum to Report PD 37-05 Subject: Zoning By-law Amendment Application A 8/05 Date: September 30, 2005 Page 3 Prepared By: Approved / Endorsed By: eo~o~ws~ki, CPT anner II '"'--J Lyr{da'T-~ylor, MCiP.,~ Manager, Development Review Neil Car~, RPP Director, Planning & Development GXR:jf Attachments Copy: Chief Administrative Officer Recommended four. he conside~ration of Pickering,,,~ty ~/~'u~... ~ ,.~ ,, ~~ ~'. a~¢n, C~ Adminis~e APPENDIX I TO ADDENDUM TO REPORT NUMBER PD 37-05 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 8~05 BY-LAW NO. 6587,/05 Being a By-law to amend Restricted Area Zoning By-law 3036, as amended by By-law 5438/99, to implement the Official Plan of the City of Pickering, Region of Durham, North Part of Lot 29, Range 3, B.F.C. (40R- 23222, Parts 1 & 2), in the City of Pickering. (A 8/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit a variety of office and commercial uses, for NoAh Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I & II Schedule I & II to By-law 5438/99, as amended by By-law 5556/99, are hereby revoked and replaced with Schedule I & II attached hereto. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands being NoAh Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering, designated "MU-10" on Schedule I & II attached to this By-law. 3, GENERAL PROVISIONS No building, land or pad thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. TEXT AMENDMENT SECTION 5. Provisions of By-law 5438/99, as amended by By-law 5556/99, is hereby amended, as follows: (1) Subclauses 5.(2)(c)(i), (ii) and (iii) are to be repealed and replaced with the following: (i) The maximum combined gross leasable floor area for all uses on the lands zoned "MU-10" on Schedule I attached to this By-law shall be 8,500 square metres; (~i) The maximum combined gross leasable floor area for all restaurants on lands zoned "MU-10" on Schedule I attached to the By-law shall be 1,500 square metres; The maximum combined gross leasable floor area for all food stores on the lands zoned "MU-10" on Schedule I attached to this By-law shall be 5,000 square metres; (2) Clause 5.(2)(c)is amended by adding subdause (vii) after subclause (vi): (vii) A Restaurant type - F use is not permitted in the hatched area outlined on Schedule I attached to this By-law; -2- BY-LAW 5438/99 By-law 5438/99, as amended by By-law 5556/99, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Sections 1 and 4 above. 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. 6. 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 17th day of October, 2005. Dave Ryan, Mayorl~l¢l~'~ Deb, A-~~~ · .~rh: y, City Clerk / MU-lO PART{~ ~& 2, 4OR- 16854 PT. OF LOT 29. · 40R-23222, PART 1 & 2. SEE SECTION 5(2)(c)(vii) SEE SECTION 5(2)(0)0v), SCHEDULE ]: TO BY-LAW 543~/99 AS AMENDED BY BY-LAW 5556/99 AND FURTHER AMENDED BY BY-LAW PASSED THIS DAY OF MAYOR 20O5 CLERK / / MU-lO PARTS 1 & 2, 40R-16854 N PT OF LOT 29 BF.C RANGE 5 ~40R-25222, PART 1 &: 2 BU!L0-TO-ZONE BUILDING ENVELOPE SCHEDULE Tr TO BY-LAW ~; ~ ~i ~ /"" AS AMENDED BY BY-LAW 5=-'~,~ AND FURTHER AMENDED BY BY-LAW PASSED THIS __ DAY OF MAYOR _ 20O5 CLERK