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HomeMy WebLinkAboutPD 01-06106 PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 01-06 Date: January 9, 2006 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 13/05 Wal-Mart Canada Inc. 1899 Brock Road Part of Lot 18, Concession 1 (40R-12591, Part 1 & 40R-19801 Parts 3, 4, 5, 6, 7, 8, &10) City of Pickering Recommendation: That Zoning By-law Amendment Application A 13/05, be approved as set out in the draft by-law attached as Appendix I to Report PD 01-06, to amend the existing zoning on the subject lands to permit a seasonal drive-thru garden centre for outdoor sales and display on lands being Part of Lot 18, Concession 1 (40R-12591, Part 1 & 40R-19801, Parts 3, 4, 5, 6, 7, 8, & 10), in the City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 13/05, as set out in Appendix I to Report PD 01-06 be forwarded to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to permit a seasonal drive-thru garden centre for outdoor storage and display, between April 1st and June 30th annually. The subject property is located on the north-east corner of Brock Road and Pickering Parkway and currently supports The First Simcha Shopping Centre (see Attachment #1 - Location Map & Attachment #2 - Applicant's Submitted Plan). The seasonal drive-thru would be associated only with the Wal-Mart store. Other stores within the First Simcha Shopping Centre lands would also require rezoning to permit any temporary outdoor storage and display. The drive-thru garden centre will occupy 12 to 14 parking spaces and will not affect the function of the shopping centre, as there is a surplus of parking available on-site. The seasonal drive-thru garden centre will not have an adverse impact on the appearance and operation of the property, traffic flow, accessibility or surrounding properties. It is recommended that the application be approved and that the draft by-law be forwarded to Council for enactment. Report PD 01-06 Subject: Wal-Mart Canada Inc. January 9, 2006 Page 2 107 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 August 4, 2005 Information Meeting (see text of Information Report, Attachment #3 and Meeting Minutes #4) Public Comments James McKee of 1945 Denmar Road, Unit 41, commented that he is in objection to the application (via email on June 13, 2005-see Attachment #5); Applicant's Comments - Franco Cirelli, Manager, Wal-Mart was present but had no comments; 1.2 1,3 Agencies Durham Region Planning Department Toronto & Region Conservation Authority City Departments Pickering Fire Services - conforms with Regional Official Plan; - municipal water supply and sanitary sewer are available; - no Provincial interests identified; (see Attachment #6); located outside of the Fill Regulated Area; no permits are required from the authority; no objections to the zoning amendment (see Attachment #7); -no objection with the applicant's proposal given that all required/ existing fire routes are maintained clear and free of all obstructions in accordance with the Ontario Fire Code and municipal by-laws (see Attachment #8). Report PD 01-06 Subject: Wal-Mart Canada Inc. January 9, 2006 Page 3 2.0 Discussion 2.1 Use and Compatibility 2.1.1 Proposed Use conforms to the Pickering Official Plan The applicant is proposing to introduce a seasonal drive-thru garden centre for outdoor storage and display (April 1 to June 30 annually). The subject property is designated "Mixed Use Areas - Specialty Retailing Node" in the Pickering Official Plan. This designation allows the proposed use to be considered. Approval of the rezoning would conform with the Pickering Official Plan and the Region of Durham Official Plan. 2.1.2 The Design and Location of the Seasonal Drive-Thru Garden Centre will not Impact Site Function The proposed location of the seasonal drive-thru garden centre in the south-east area of the site (see Attachment #2 - Applicant's Submitted Plan) appears to be the best location for such a facility for the Wal-Mart store. The drive-thru component of this garden centre is for easy pick-up and loading of bagged soil, mulch and other garden products into Wal-Mart customer's vehicles. It does not interfere with either the drive aisle access to Pickering Parkway or with the main pedestrian/vehicle traffic congestion point at the front entrance of Wal-Mart. The seasonal drive-thru garden centre will be situated in a location on the subject property that will have a minimal visual impact, and it will be screened by a temporary fence structure and existing landscaping along Pickering Parkway. Detailed design matters will be addressed through the site plan review process, and revised site plan agreement will be required. 2.1.3 On-Site Parking and Traffic Movement is Acceptable An adequate parking area is still maintained, as the seasonal drive-thru garden centre will be located in an area of the parking lot which is less heavily used than other areas in the parking lot. Furthermore, this part of the parking lot does not have direct access to the main drive aisle, which separates Wal-Mart from the parking lot and provides primary vehicular access to Pickering Parkway. The minimum parking space requirement in the zoning by-law is to ensure that an adequate amount of parking spaces are provided on-site to serve the property users. The location of the proposed seasonal drive-thru garden centre would result in the temporary removal of 12 to 14 parking spaces for the months of April, May and June each year. This reduction does not appear to have a negative impact on Wal-Mart or the other businesses on the First Simcha Shopping Centre lands, as there is a surplus of 134 parking spaces. Report PD 01-06 Subject: Wal-Mart Canada Inc. January 9,2006 Page 4 109 2.2 2.2.1 3.0 Zoning By-law Performance Standards The By-law Schedule will Designate the Area where the Seasonal Drive-Thru Garden Centre may Operate Annually The existing zoning by-law schedule will be amended to designate an area in the south-east portion of the property to accommodate the seasonal drive-thru garden centre. The text of the by-law will be amended to allow for the temporary location of a seasonal drive-thru garden centre to occupy a maximum of 14 parking spaces and operate from April 1st to June 30th of every calendar year in conjunction with Wal-Mart only. Any other store on the First Simcha Shopping Centre lands, which want to have temporary outdoor storage and display, must acquire appropriate zoning. Applicant's Comments The applicant is aware of the content of this report, has reviewed the draft zoning by-law, and concurs with the recommendations. APPENDIX: Appendix I: Draft By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Public Information Meeting Minutes 5. Public Comments- James McKee 6. Comments from the Region of Durham Planning Department 7. Comments from the Toronto and Region Conservation Authority 8. Comments from Pickering Fire Services .,Report PD 01-06 11. u Subject: Wal-Mart Canada Inc. January 9, 2006 Page 5 Prepared By: an ff I~anowski ner II Approved / Endorsed By: Neil'Carrol~CP~PP Director, PIbP, Prid'g & Development Lynda faylor, MC(IP, RP~ Manager, Development Review GXR:Id Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City C. qu_ncil ~ _.-----~.'-~,¢/ ~ ',~.~,-/o APPENDIX I TO REPORT NUMBER PD 01-06 111, DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 13105 THE CORPORATION QF ~¢'.~1~ OF PICKERING Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 5511/99, 5692/00, and 6011/02, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lot 18, Concession 1 (40R-12591, Part 1 & 40R-19801, Parts 3, 4, 5, 6, 7, 8, & 10), in the City of Pickering. (A 13/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to add an accessory use being a seasonal drive-thru garden centre with outdoor storage and display for, Part of Lot 18, Concession 1 (40R-12591, Part 1 & 40R-19801, Parts 3, 4, 5, 6, 7, 8, & 10), in the City of Pickering. AND WHEREAS an amendment to By-law 3036, as amended by By-laws 5511/99, 5692/00, and 6011/02, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE & TEXT AMENDMENT Section 1. SCHEDULE I of By-law 5511/99, as amended by By-laws 5692/00, and 6011/02, is hereby amended by adding a hatched area outlining where a seasonal drive-thru garden centre can operate. Section 4. DEFINITIONS of By-law 5511/99, as amended by By-laws 5692/00, and 6011/02, is hereby amended by adding the following definition and re-alphabetizing and renumbering the subsections (1) to (25): (22) Seasonal Drive-Thru Garden Centre shall mean an area which stores and displays garden supplies, such as, but not limited to, soils, mulches, plants, and fertilizers and also has a drive-thru component enabling customers to pick-up and load their vehicles with their garden supply purchases but can only operate between April 1st and June 30th annually. Section 5.(1) USES PERMITTED of By-law 5511/99, as amended by By-laws 5692/00, and 6011/02, is hereby amended by adding the following subclause and re-alphabetizing the subclauses (i) to (xvii): (xvi) seasonal drive-thru garden centre, as an accessory use to permitted use (vi); Section 5.(2)(iv) OUTDOOR STORAGE AND DISPLAY of By-law 5511/99, as amended by By-laws 5692/00, and 6011/02, is hereby amended by adding the following subclause after 5.(2)(iv)C: A seasonal drive-thru garden centre is permitted to operate between April 1st and June 30th annually, only in conjunction with a discount department store, in the cross-hatched area illustrated on Schedule I attached hereto, and can occupy a maximum of 14 parking spaces; Section 5.(2)(vi)F SPECIAL REGULATIONS of By-law 5511/99, as amended by By-laws 5692/00, and 6011/02, is hereby amended by deleting F and replacing it with the following: F The permitted uses listed as 5.(1)(xiii), 5.(1)(xiv), 5.(1)(xv), and 5.(1)(xvii), shall be wholly contained within, and accessory to, their principal permitted uses identified in clause 5.(1), witl~ no direct external access; -2- 2. BY-LAW 3036 113 By-law 3036 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 the relevant provisions of By-law 3036, as amended. 3. 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 ,2006. day of David ~~¢ Ryan, M~ Debi A. 3tley, City Clerk 114 /' (H-2)MU-SRN P;d~T I, 40R-!2591 SEASONAL DRIVE THROUGH GARDEN CENTRE - APRIL 1 TO JUNE BUILDING ENVELOPE BU~LD- TO ZONE SCHEDULE I TO BY-LAW AS MADE BY 6011./02 ONTARIO MUNICIPAL BOA ' ORDER DATE ~u¢~e ~. ~999 (O.M.B. FILE Z980159) ,~"'TACH,V;ENT #_ J TO Fi~,: OR'i' ¢. PD_ 115 FI N C H AVENUE FINCH AVENUE BAINBRIDGE COURT DRIVE COURT PARKWAY COURT City of Pickering / Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 18, CON. 1, 40R-12591, PART 1, 40R-19081, PTS. 3~10 FILE No. A 13/05 SCALE 1:5000 CHECKED BY GR PN-9 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN FIRST SIMCHA SHOPPING CENTRES. A 13/05 llilll[l [[ lIIlll lll[llllllllllllll [llllllllllllllllllllll [[lilllllll,ll[lllllll~;l~l~ IIIIIIIIlllllllll EXISTING WAL-MART lllll:lllllllllllilll N~l~_l~ ~X~ IIIIIIII[IIIIII~ ~ llllll..J~++lllll I ~ ~~ PICKERING PARKWAY PR~O~ S~SO~ DRIVE-THRU ~ARDEN OENTRE FULL $C~Z£ COP/CS OF rN£ ~PPuc,~vr's ~ P~CED BY ~E O~ OF PICK~RING 117 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 Brock 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 Plan identifies the subject lands as being designated "Living Area"; 1 1_ ~formation Report No. 16-05 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 Zonin.q 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; A.qency Comments - no written agency comments have been received to date; Information Report No. 16-05 Page 3 119 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. ~. Information Report No. 16-05 12i 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. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Geoff Romanowski, CPT Planner II GXR:jf Attachments Lynda Taylor, MClP, RPP Manager, Development Review Copy: Director, Planning & Development 121 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 122 I ICKFRING Excepts from Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, August 4, 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. ZONING BY-LAW AMENDMENT APPLICATION A 13/05 WAL-MART CANADA INC. 1899 BROCK ROAD PART OF LOT 18, CONCESSION 1 (40R-12591, PART 1 & 40R-19801, PARTS 3-10) Geoff Romanowski, Planner II, provided an overview of property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report #16/05. Franco Cirelli, Manager, Wal-Mart, advised of his presence but made no comment. -1- Romanowski, Geoff From: Sent: To: Subject: James McKee [iames.mckee@sympatico.ca] June 13, 2005 11:30 PM Romanowski, Geoff Zoning Amendment Application - A 13-05 123 Concerning the application by Wal-Mart Canada Inc. for an amendment to permit a seasonal drive-thru garden centre for outdoor sales and display, I say NO. Village East used to be quie:, then we ge: Wal-Mart, Sobey's, e:c. With all Ehe brigh: lights that are on all night i have so go out and by heavy curtains to block out the artificial sunlight. As far as I am concerned, Wal-Har: is a bad ci:izen for Village East. So no more. James McKee i9~5 Denmar Road, Unit 41 Picketing, Ontarie L1V 3E2 E-mail: james.mckee@sympatico.ca The Regional Municipality of Durham Planning Department August2,2005 Geoff Romanowski, Planner II Pickering Civic Complex One The Esplande Pickering, Ontario L1V 6K7 Mr. Romanowski: Re: Zoning Amendment Application A13/05 Applicant: Wal-Mart Canada Inc. Location: Part of Lot 18, Concession 1 1899 Brock Road Municipality: Cityof Pickering 605 ROSSLAND ROAD E 4TM FLOOR PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-668-7711 Fax: 905-666-6208 E-mail: planning@ region .durham .on.ca www.region.durham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning This application has been reviewed and the following comments are offered. The purpose of this application is to amend the zoning of the subject property to permit a seasonal drive-thru garden centre for outdoor sales and display. 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, 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 may be permitted in Living Areas. Re,qional Services Municipal water supply and sanitary sewer services are available to the subject property. Provincial Policies and Deleqated Review Responsibilities This application has been screened in accordance with'the terms of the provincial plan review responsibilities. There are no matters of Provisiona interest applicable to this application. If you have any questions or require further information, please do not hesitate to contact me, "Service Excellence for our Communities" Dwayne Campbell, Planner Current Operations Branch cc. Pete Castellan N :\D~rn\dc~ZonJng~Comrnents\Pick erin g',.A t 3-05 .doc 100% Post Consumer ~TORONTO AND REGION onservatlon for The Living City July 26, 2005 BY FAX AND MAIL Mr. Geoff Romanowski, Planner II City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 Dear Mr. Romanowski: Re: Zoning By-law Amendment Application No. A13-05 Wal-mart Canada Inc. 1899 Brock Road City of Pickering 0 2 2005 CITY OF PICKERING PICKERING, ONTARIO Please note that the Toronto and Region Conservation Authority (TRCA) are in receipt of the above- referenced zoning by-law application, received June 13, 2005. TRCA staff has had an opportunity to review the subject application and offers the following comments. Background The subject property is located at 1899 Rock Road, on the east side of Brock Road, south of Kingston Road, in the City of Pickering. It is our understanding that the applicant is interested in amending the zoning to permit a seasonal drive-thru garden centre for outdoor sales and display, to be located in the existing parking lot are of the Walmart site. Applicable Regulations The subject property is partially located within the TRCA's Fill Regulated Area and the Regional Storm Flood Plain of the Duffins Creek Watershed. However. the proposed works are not within the Fill Regulated Area and therefore, a permit is not required for this application. Recommendations In light of the rninor nature of this proposal, the TRCA has no objections to the zoning by-law amendment application, as submitted. We trust these comments are of assistance. Should you have any questions, please do not hesitate to contact Susan Robertson at extension 5370, or the undersigned. 125 Y°u2~IY, // Planning and Development Extension 5306 RW/sr F:\Home\P~ )lic\Development Serv ces!,Durham Region\Pickeung\A13-05 ZBA Walmad 07-26-05.wpd 5 Shoreham Drive, Downsvie~% Ontario M3N IS4 (416) 661-6600 FAX 661-6898 www. trca.on.ca ~ 126 Notice of a Public Meeting to be held Thursday Auflust 4, 2005 at 7:00 p.m, Picketing Civic Complex - Council Chambers One the Esplanade, Pickering, L1V 6K7 for the following Planning Applications File Type & Number Owner I Applicant Property Location Proposal Zoning Amendment Application - A 13/05 Wal-Mart Canada Inc. Part of Lot 18, Concession 1 (40R-12591, Part 1, & 40R-19801, Parts 3-10) (1899 Brock Road) City of Pickering To amend the zoning of the subject property to permit a seasonal drive-thru garden centre for outdoor sales and display. Reports Submitted with No reports submitted with application the Application Written Information Information Report available from the office of the City Clerk Available on or after July 29, 2005 and at the information Meeting Last Date for Comment August 11th, 2005 Planning Contact Geoff Romanowski, Planner 11 Pickering Official Plan Designation Zoning By-law 3036~00 as amended by By-law 5511199 and 6011/02 "Mixed Use Areas - Specialty Retailing Node" within the Village East Neighbourhood" The property is zoned (H-2) MU-SRN -"Mixed Use - Specialty Retailing Node". Public Meeting Notice Page 2 I27 Planning Act Requirements Date of this Notice Fire Department comments Dated: q~ex~ ~eat;t qSre (Prevention Officer ~'c~.ering ~ire Services If you wish to reserve the option to appeal a decision of the City of Pickering, you must provide oral comments at the public meeting, or written comments to the City before Council adopts any zoning by-law for this proposal. The Fire Service has no objections to the applicant's proposal to amend the zoning of the subject property to permit a seasonal drive-thru garden centre for outdoor sales and display, given that all "required/existing fire routes" are maintained clear and free of all obstructions in accordance with the "Ontario Fire Code" and municipal by- laws. Tuesday, June 14,2005 June 10,2006