HomeMy WebLinkAboutPD 18-07
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REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PD 18-07
Date June 4, 2007
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From: Neil Carroll
Director, Planning & Development
SUBJECT: Zoning By-law Amendment Application A 3/06
Brookdale Centre Inc.
Part of Lot 23 & 24, Concession 1
1105 and 1163 Kingston Road
City of Pickering
Recommendation:
1. That Report PD 18-07 of the Director, Planning & Development, regarding
Brookdale Centre Inc. Zoning By-law Amendment Application A 3/06 be
received;
2. That Zoning By-law Amendment Application A 3/06 submitted by Brookdale Centre
Inc., on lands being Part of Lot 23 and 24, Concession 1 (1105 and 1163 Kingston
Road), City of Pickering, to amend the zoning to permit a broader list of permitted
commercial uses including a variety of retail, personal service shops, office and
restaurant uses on the subject properties be approved subject to the conditions
outlined in Appendix" to Report PD 18-07;
3. That the zoning by-law to implement Zoning By-law Amendment Application
A 3/06, as set out in Appendix I to Report PD 18-07, be forwarded to City Council
for enactment, and
4. Further, that Pickering Council direct City staff to report, through the recently
initiated Official Plan Review, on the policy changes required to reflect the
changes to the Town Centre West Development Guidelines including changes as
shown on Attachment #~I to Report PD 18-07.
Executive Summary: This report pertains to the second phase of Zoning By-law
Amendment Application A 3/0E>. The applicant proposes to redevelop the 7.5 hectare
property for a commercial project that includes a home improvement centre and a variety
of retail, personal service shop, office and restaurant uses. Council approved the home
improvement use, (Home Depot) as Phase 1 of its application consideration on
October 10, 2006. Consideration by Council of Phase 2 of the application was to await
conclusion on certain technical issues such as flood plain mapping and municipal road
location.
Report PO 18-07
Date: June 4, 2007
Subject: Brookdale Centre Inc. (A 3/06)
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This second phase of the rezoning application deals with the broader list of requested
commercial uses including a variety of retail; personal service shops; office and restaurant
uses, and the location public roads within the area.
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Both single and multiple tenant buildings are proposed for the site with Home Depot the
dominant tenant. The lands currently support a commercial plaza located opposite
Walnut Lane on the south side of Kingston Road (Walnut Grove Plaza) and lands
previously occupied by TNT Transport and Schindler Elevator.
This second phase of the application can now proceed as the issue related to flooding
and stormwater on the site has been resolved to the satisfaction of the Toronto Region
Conservation Authority. The requested uses are appropriate for the site as they will
accommodate and encourage intensification of the property. Further, City polices and
guidelines support the expanded retail use on the subject lands. The recommended
uses are compatible, appropriate and conform to the Pickering Official Plan. The
performance standards of the amending zoning by-law require the siting of buildings at
the street frontage which will result in an urban design that promotes a pedestrian
friendly environment and an intl3nsified and mixed land use.
It is also recommended through consideration of this application that Council authorize
revisions to the Town Centre West Development Guidelines (TCWDG). Matters for
consideration include the elimination of municipal roads and establishment of required
traffic aisles; urban design requirements including building placement; minimum
three storey massing and minimum two functional floors; land uses and access points.
These revisions will be based on Council's decision respecting this application (and
rezoning application A 8/06 pertaining to lands situated to the west of the property
subject of this application). The review of the TCWDG is recommended as part of the
recently initiated Official Plan Review.
It is recommended that this application be approved, and the draft by-law be forwarded
to City Council for enactment.
Financial Implications: No direct costs to the City are anticipated as a result of the
approval of zoning for the commercial plaza. The public road within the development
may be partially funded as devE310pment charge projects, two of which were approved in
the 2007 Capital Budget (07-2:121-001-05 Roads $211,200 and 07-2321-001-07 Roads
$120,000).
Sustainability Implications: This development proposal is an infill project that
provides for commercial intensification, makes efficient use of vacant lands, and takes
advantage of existing infrastructure within the City's urban area. The site is located on
a designated transit spine. The proposal generally represents a sustainable approach
for the development of the subject lands.
Report PD 18-07
Date: June 4, 2007
Subject: Brookdale Centre Inc. (A 3/06)
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Background:
1.0 Introduction
Brookdale Centre Inc. submitted an application to amend the zoning by-law in
order to permit development of a commercial project on a 7.5 hectare property, with
a home improvement centre and a variety of retail; personal service shop; office and
restaurant uses (see Location Map, Attachment #1).
The submitted site plan indicates the development of both single and multiple
tenant buildings on thE~ site with one dominant building, being Home Depot,
(including a seasonal outdoor garden centre), that has already been approved by
City Council.
Other buildings proposed include a larger retail format building located in the
southern portion of the site, buildings that will flank the Kingston Road frontage
and contain limited second storey office space, and two small single-tenant retail
buildings centrally located on the site (see Attachment #2). The first phase of
this rezoning (for the Home Depot only) was the subject of Report PD 48-06 (see
Attachment #6) that Council considered and approved on October 10, 2006.
The uses requested through this phase of the application include: assembly hall;
business and professional offices; commercial clubs, schools and recreational
establishments; day nursery; discount department store; drug store; dry cleaning
depot; financial institution; general merchandise store; personal service shop;
restaurants; retail store; service store and video store. The applicant's conceptual
site plan proposes the creation of one new municipal (public) street, being the
road extending south from Kingston Road, across from the signalized Walnut Lane
intersection. All other roads are proposed as private aisles/laneways.
2.0 Comments Received
Since the original report on the application no new comments have been
received related to land use issues. Therefore, the background on comments,
both from the public and from agencies is contained in Attachment #6 being the
text of report PO 48-06 and the minutes of the public meeting and is not repeated
in this report.
3.0 Discussion
3.1 Review of the Impac:t on the Achievement of the Town Centre West
Development Guidelines due to the TRCA Flood Mapping has been
Investigated and Com:luded that the Intent of the Development Vision for
the area may be achieved
TRCA had initially advised that recent flood modeling of Pine Creek had
identified significant concern with development in the Town Centre West
Neighbourhood (see Attachment #4).
Report PD 18-07
Date: June 4, 2007
Subject: Brookdale Centre Inc. (A 3/06)
Page 4
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The impact of the flood line mapping required further investigation and this work
was undertaken with the assistance of Brookdale Centre Inc. consultants. The
result of this work was a reduction in the floodline contour and removal of the
subject property and some surrounding lands from the floodplain. This resulted
in staff's ability to better assess the technical possibility of a future road
connection from the subject property across Pine Creek to Liverpool Road and
the appropriate land uses for the area.
3.2 Revisions to the Town Centre West Development Guidelines are Required
The subject lands are within the TCWDG area. The TCWDG were adopted by
City Council in 1995 and establish a vision for the development of the area that
would include a mix of land uses, an internal road network pattern, connections
to the existing Town Centre Neighbourhood and adjacent neighbourhoods, and a
pedestrian and open space network.
Since the adoption of the TCWDG there has been little development interest in
the area. The approval of a Home Depot and the request for a variety of
commercial uses has altered the original intent of the TCWDG. While the
Home Depot element of the applicant's plan has been approved, the design of
the rest of the subject lands should maintain the spirit and intent of the TCWDG.
Therefore, the remainder of the site should be developed in a more urban fashion
with mixed use buildin!~s and increased attention to urban design in terms of
building placement and function. Staff's revised concept for the Town Centre
West area is shown in Attachment #3 that reflects this 'main street image' where
buildings front onto the new municipal street thereby creating an enhanced urban
profile.
The TCWDG should be reviewed and revised to incorporate Council's decisions
on this application (and rezoning application A8/06 for the abutting lands to the
west that is subject to R.eport PD 17-07). It is recommended that revisions to the
TCWDG be considered through the Official Plan Review that has been initiated
by Council.
It is staff's recommendation that development in this area should respect the
fundamental elements and principles of the TCWDG. While it is recognized that
general layout will be rE~vised to address current development realities, the core
principles of the Guidelines should continue to be incorporated in the revised
Guidelines. A Home Depot can be accommodated within the development
concept generated by staff. However, other elements of the applicant's proposal
will require revision, including building placement and massing (see
Attachment #3).
Report PO 18-07
Date: June 4, 2007
Subject: Brookdale Centre Inc. (A 3/06)
Page 5
3.3 Public Road and Private Traffic Aisles should Function Seamlessly
The internal road network envisioned for the Town Centre West Neighbourhood
is an integral component of the development for this area and is necessary to
properly serve the needs of future residents and businesses. The road network
will provide internal linkages between various access points around the perimeter
of the Town Centre West Neighbourhood, accommodate the evolution of land
uses including the placement of buildings and the creation of a pedestrian
friendly environment.
Through the review of this application and the rezoning on the property to the
west (Nerotal, Emix et al) staff have concluded that there is need for only one
new municipal road. This new municipal road is as proposed on the applicant's
plan, extending south from Kingston Road at the existing signalized Walnut Lane
intersection and runnin~l in a southeast direction. It is anticipated that this new
municipal road will eventually cross Pine Creek and connect to Liverpool Road
(see Attachment #5).
The remainder of the internal road network of the Town Centre West area can be
accommodated on private traffic aisles. The new municipal road and the private
traffic aisles will establish the blocks in the Town Centre West area that will
provide a focus for building design and orientation, and pedestrian activity. This
blocking is an essential design requirement and establishes proper building sites
and view corridors for the future development of the area. One municipal road is
considered the most sustainable approach as public roads are more land
consumptive than private roads, and fewer public roads will be more financially
sustainable for the City in terms of long term maintenance.
Through this application the City should ensure the provision of this future
municipal road in order to accommodate evolution of the area. It is
recommended that the City require the construction of this road, within the limits
of the subject property, to full municipal standards as a condition of approval of
this application. Details respecting the securement of funds for these road works
and the timing of conveyance of the road to the City will be contained in an
appropriate agreement.
This new public road forms the backbone of future development of the Town
Centre West area as graphically shown on the concept plan for the Town Centre
West area (see Attachment #3).
3.4 Building Location mu:st be brought forward to the Street to create a Main
Street Design
The requested uses will provide a wide variety of commercial opportunities,
including retail, office and personal service uses to create a diversified area that
fosters a "main street'" function. To support the intent of the TCWDG the
buildings should have a strong relationship to the street both in location and
massing and be sited to frame the street.
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Report PD 18-07
Date: June 4, 2007
Subject: Brookdale Centre Inc. (A 3/06)
Page 6
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'- 0 Yr, order to achieve a main street design, buildings should be brought forward to
the street with minimum set back from the front lot line. The buildings should
have a human scale, provide a minimum three-storey fac;ade and contain a
minimum of two functional floors. This form of building-street relationship will
result in a more sustainable design as it will be pedestrian friendly, more
animated due to sidewalk activity, and safer pedestrian movements as the
pedestrian corridors will be well defined and will not conflict or cross large
parking lots. The requirement for buildings to have a minimum of two functional
floors will add to the building floor area and increase the employment opportunity
of the area.
The public street should attempt to create a main street atmosphere that is tree
lined, has visible pedestrian activities and provides a separation of pedestrian
area from parking areas. This will then provide an interconnection of the
street/aisle for pedestrian movement to ensure short walking time from transit
stops to all buildings.
In order to achieve the vision for the area, surface parking should be located to
the rear or side of buildings, fac;ades facing a public street or public area should
incorporate glazing at grade, and blank fac;ades that face a public street or public
area should be prohibited.
It is recommended that all buildings on the site, with the exception of the
Home Depot building, have a maximum front yard depth of 3.0 metres to ensure
buildings are brought up close to the municipal street; a minimum height of
9 metres and a minimum of two functional floors for a minimum of 70 percent of
the building footprint. These performance standards support the vision for a
sustainable Town Centre West area.
The applicant's plan does not comply with the staff recommended performance
standards. The applicant's plan proposes a traditional large format retail design
that has a single storey building located at the rear of the site with the parking
located in front of the building. Further, buildings along Kingston Road and the
new entry road provide only very limited functional second floor space.
3.5 Enhanced Building Design & Sustainable Elements Required
The massing, building location and design of the buildings must contribute
positively to the existinu and future land use context. An attractive building that
incorporates significant sustainable elements must be achieved to make a
positive contribution to the surrounding area. It is encouraged that all buildings
and site design incorporate green building and LEED technologies and reflect
significant sustainable elements.
Report PO 18-07
Date: June 4, 2007
Subject: Brookdale Centre Inc. (A 3/06)
Page 7
4.0 Technical Matters
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4.1 Site Plan Agreement will be required to address Development
A site plan agreement between the City and the owner of the lands will be
required to ensure that all matters of interest to the City are protected. Matters to
be addressed include, but are not limited to, stormwater management, site
access, parking and loading areas, ensure the site can accommodate
recycling/3-stream refuse and sustainable building design. The agreement
should also secure the construction and conveyance of a new public road
through the site from the eastern limit of the property to the Kingston Road
frontage at Walnut Lane (see Attachment #2 - applicant's plan). This required
agreement, and several other development implementation matters, are
incorporated into the recommended conditions of approval for this application
and are found in Appendix II to this Report.
4.2 The Proposed Zoning By-law to include a "(H)" Holding Provision to
address required agreements
The by-law attached to this report (see Appendix I) implements the
recommendations of this report to permit a variety of commercial, office and
personal services uses and restaurants. The amending by-law incorporates the
previous approved home improvement centre (Home Depot) and the associated
performance standards, For new development other than the Home Depot,
performance standards are being recommended that will create the main street
vision for the area.
The amending zoning by-law incorporates the previously approved "(H)" holding
provision that will require the owner to satisfy certain conditions prior to the lifting
of the holding provision. These conditions will include entering into a site plan
agreement with the City in accordance with the conditions listed in Appendix II to
this report which will address the construction and conveyance of the public
internal road, and matters related to sustainable design (site and building
designed to be LEED certified for Home Depot).
This area is intended to complement the Pickering Downtown Core, and in
keeping with the function and the submitted market study, a maximum floor area
devoted to retail use has been established in the zoning by-law.
5.0 Applicant's Comments
The applicant has been advised of the recommendations of this report. The
applicant is not in agreement with the recommended performance standards and
requests that the requirement to bring buildings up to the street and for buildings
to have a minimum three storey height and two functional floors, be eliminated
from the by-law.
Report PD 18-07
Date: June 4, 2007
Subject: Brookdale Centre Inc. (A 3/06)
Page 8
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APPENDICES:
APPENDIX I:
APPENDIX II:
Draft Zoning By-law Amendment
Recommended Conditions of Approval for A 3/06
Attachments:
1. Location Map
2. Applicant's Conceptual Site Plan
3. Staff Vision for Town Centre West Area
4. Town Centre West Development Guidelines
5. Staff Vision for Town Centre West Development Guidelines (public road)
6. Report PO 48-06
Prepared By:
Approved I Endorsed By:
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Ross Pym, MCIP, ~
Principal Planner - Development Review
Neil Carroll, P
Director, Planning & Development
RP:jf
Attachments
Copy: Chief Administrative Offiicer
,.,
APPENDIX I TO
REPORT PD 18-07
RECOMMENDED CONDITIONS OF APPROVAL FOR
APPLICATION TO AMEND ZONING BY-LAW A 3106
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RECOMMENDED CONDITIONS OF APPROVAL FOR
ZONING BY-LAW AMENDMENT APPLICATION A 3/06
1. That the amending zoning by-law include a U(H)" holding provision that
requires certain matters to be addressed to the City's satisfaction prior to
the lifting of the U(H)" holding provision. Prior to the lifting of the U(H)" the
owner shall execute and register a site plan agreement to the satisfaction of
the City of Pickering, satisfy the Region of Durham, financially and
otherwise and satisfy the Toronto and Region Conservation Authority,
financially and otherwise.
2. That the owner enter into a site plan agreement with the City to reflect the
comments of the report of the Director, Planning & Development Report
PO 18-07. The site plan agreement shall ensure the fulfillment of the City's
requirements, financial and otherwise, which shall include, but not
necessarily be limited to:
(a) the conveyance of land for public road extending southerly from
Walnut Lane to the east property line;
(b) the securing of funds for the construction of the internal road;
(c) providing any required easements;
(d) satisfaction of the City financially with respect to the Development
Charges Act;
(e) construction management plan;
(f) traffic management plan;
(g) stormwater drainage and management system;
(h) design the development for 3-stream refuse handling;
(i) the home improvement centre building to be LEED certified.
3. That the site pan agreement include clause that the owner shall provide to
the City of Pickering a clearance letter from the Region of Durham that
advises that all of the Regional matters, financial and otherwise, have been
addressed.
4. That the site pan agreement include clause that the owner shall provide to
the City of Pickering a clearance letter from the Toronto and Region
Conservation Authority that advises that all of TRCA matters have been
addressed.
APPENDIX II TO
REPORT PO 18-07
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 3/06
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THE CORPORATION OF THE CITY OHH~~7
BY-LAW NO. V/'fRrJ
Being a By-law to amend Zoning By-law 3036, as amended by
By-law 6710/06, to implement the Official Plan of the City of Pickering,
Region of Durham, on Part of Lot 23 and 24, Concession 1, in the City
of Pickering. (A 3/06)
WHEREAS the Council of The Corporation of the City of Pickering passed
By-law 6710/06, amending By-law 3036, to permit home improvement centre on the
subject lands, being Part of Lot 23 and 24, Concession 1, in The City of Pickering;
AND WHEREAS the Council of The Corporation of The City of Pickering deems it
desirable to permit a variety of commercial uses on the subject lands, being Part of Lot 23
and 24, Concession 1, in The City of Pickering;
AND WHEREAS an amendment to By-law 3036, as amended by By-law 6710/06, is
therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING ENACTS AS FOL.LOWS:
1. SCHEDULES I and"
Schedules I and II attached hereto with notations and references shown thereon
are hereby declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall only apply to those lands on Part of Lot 23
and 24, Concession 1, City of Pickering, designated "MU-21" on Schedule I
attached hereto.
3. DEFINITIONS
In this By-law,
(1) "Adult Entertainment Parlour" shall mean a building or part of a building in
which is provided, in pursuance of a trade, calling, business or occupation,
services appealing to or designed to appeal to erotic or sexual appetites or
inclinations;
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(2)
"Bakery" shall mean a building or part of a building in which food products
are baked, prepared and offered for retail sale, or in which food products
baked and prepared elsewhere are offered for retail sale;
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(3) "Bodv Rub Parlour" includes 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;
(4) "Build-to-zone" shall mean an area of land in which all or part of a building
elevation of one or more buildings is to be located;
(5) "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;
(6) "Convenience Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessities are kept
for retail sale primarily to residents of, or persons employed in, the
immediate neighbourhood;
(7) "Commercial Recreation Establishment" shall mean a commercial
establishment in which indoor recreational facilities such as bowling alleys,
miniature golf courses, bingo facilities, gymnastics facilities, roller skating
rinks, squash courts, swimming pools and other similar indoor recreational
facilities are provided, and which may include an athletic or recreational
club;
(8) "Dav Nursery" shall mean lands and premises duly licensed pursuant to
the provisions of The Day Nurseries Act, or any successor thereto, and for
the use as a facility for the daytime care of children;
(9) "Dry CleaninQ DElPot" shall mean a building or part of a building used for
the purpose of rElceiving 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 processes;
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(10) "Duplicatinq Shop" shall mean a part of a building where such items as
letters, plans, pictures and documents are reproduced by Photostatting,
blueprinting or other similar methods;
(11) "Dwellinq" shall mean a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
(12) "Dwellinq Unit" shall mean one or more habitable rooms occupied or
capable of being occupied as a single, independent, and separate
housekeeping unit containing a separate kitchen and sanitary facilities;
(13) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(14) "Floor Area - Residential" shall mean the area of the floor surface
contained within the outside walls of a storey or part of a storey;
(15) "Food Store" shall mean a building or part of a building in which food,
produce, and other items or merchandise of day-to-day household
necessity are stored, offered or kept for retail sale to the public;
(16) "Furniture or Maior Appliance Store" shall mean an establishment in which
furniture, major appliances or a combination thereof are stored, offered
and kept for wholesale or retail sale;
(17) "Gross Floor Area - Residential" shall mean the aggregate of the floor
areas of all storeys of a building or structure, or part thereof as the case
may be, other than a private garage, an attic, or a cellar;
(18) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas
of all storeys above or below established grade, designed for owner or
tenant occupancy or exclusive use only, but excluding storage areas
below established grade;
(19) "Home Improvement Centre" shall mean a building or part of a building
used for the display and wholesale and retail sale of building materials,
hardware or accessories, including cabinets, electrical fixtures, carpets,
floor coverings, plumbing supplies, wallpaper, draperies, garden supplies,
lumber and swimming pool supplies;
(20) "Laundromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental
equipment;
(21 )
(22)
(23)
(24)
(25)
(26)
(27)
(28)
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"Lot" shall mean an area of land fronting on a street which is used or
intended to be used as the site of a building, or group of buildings, as the
case may be, together with any accessory buildings or structures, or a
public park or open space area, regardless of whether or not such lot
constitutes the whole of a lot or block on a registered plan of subdivision;
"Lot" shall mean an area of land fronting on a street which is used or
intended to be used as the site of a building, or group of buildings, as the
case may be, together with any accessory buildings or structures, or a
public park or open space area, regardless of whether or not such lot
constitutes the whole of a lot or block on a registered plan of subdivision;
"Lot CoveraQe" shall mean the percentage of lot area covered by all
buildings on the lot;
"Lot FrontaQe" shall mean the width of a lot between the side lot lines
measured along a line parallel to and 7.5 metres distant from the front lot
line;
"Personal Service Shop" shall mean an establishment in which a personal
service is performed and which may include a barber shop, a beauty
salon, a shoe repair shop, a tailor or dressmaking shop or a photographic
studio, but shall not include a body-rub parlour as defined in the Municipal
Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any
successor thereto;
"Place of Amusement/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 a games arcade or 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;
"Private GaraQe" shall mean an enclosed or partially enclosed structure
for the storage of one or more vehicles, in which structure no business or
service is conducted for profit or otherwise;
"Professional Office" shall mean a building or part of a building in which
medical, legal or other professional service is performed or consultation
given, and which may include a clinic, the offices of an architect, a
chartered accountant, an engineer, a lawyer or a physician, but shall not
include a body-rub parlour as defined in the Municipal Act, R.S.O. 1980,
Chapter 302, as amended from time to time, or any successor thereto;
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(29) "Restaurant - Type A" 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 off the premises, or both, but
shall not include an adult entertainment parlour as defined herein;
(30) "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 off the premises, or both on
and off the premises, and which may include a drive-through order and
pick-up service;
(31) "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;
(32) "Storey" shall mean that portion of a building other than a basement, cellar
or attic, included between the surface of any floor and the surface of the
floor, roof deck or ridge next above it;
(33) "Yard" shall mean an area of land which is appurtenant to and located on
the same lot as a building or structure and is open, uncovered, and
unoccupied above ground except for such accessory buildings, structures,
or other uses as are specifically permitted thereon.
4. PROVISIONS ("MU-21" Zone)
(1) Uses Permitted ("MU-21" Zone)
No person shall within the lands designated "MU-21" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or structure
for any purpose except the following:
(a) assembly hall;
(b) business office
(c) commercial-recreational establishment
(d) commercial club
(e) commercial school
(f) day nursery
(g) discount department store
(h) drug store
(i) dry cleaning depot
U) duplicating shop
(k) financial institution
(I) furniture & major appliance store
(m) garden centre accessory to a home improvement centre
(n) home improvement centre
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(0) outdoor storage, display and sale of retail and garden centre
products
(p) personal service shops
(q) professional office
(r) place of amusement/entertainment
(s) restaurant - Type A
(t) retail store
(u) service store
(v) residential apartments, above the first floor of the building
(2) Zone Requirements ("MU-21 " Zone)
(a) Front Yard Depth
(Maximum):
(b) Flanking Side yard
width (Maximum):
(c) Building Location
and Setbacks:
(d) Building Height
(maximum):
Building Height
(minimum):
(e) Functional floor per
building (minimum):
(f) Second Floor
Coverage of First
Floor
(g) Parking
Requirements:
3.0 metres
5.0 metres
Buildings and structures shall be located
entirely within the building envelope
shown on Schedule II attached hereto
20.0 metres
9.0 metres
2
70 percent
(i) There shall be provided and
maintained a minimum of
4.5 parking spaces per
100 square metres of gross
leasable floor area for all
permitted uses listed in Section
4(1)(a) to 4(1)(u) inclusive of
this by-law;
(ii) For a residential apartment unit
there shall be provided
1.2 parking spaces per unit and
0.3 parking spaces per unit for
visitors;
- 7 -
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DRAFT
(i) Maximum floor area for a discount department store shall be
7,450 square metres;
(ii) Aggregate of retail stores less than 300 square metres shall not
exceed 4,000 square metres;
(iii) Total gross floor area of all retail stores (excluding a home
improvement centre) shall not exceed 9,500 square metres;
(iv) All entrances and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt or concrete, or any
combination thereof;
(v) At grade parking lots shall be permitted no closer than
3.0 metres from the limits of the "MU-21" Zone identified on
Schedule I attached hereto, or any road;
(vi) No drive-thru facilities are permitted on the lands designated
"MU-21" as illustrated on Schedule I of this by-law;
(vii) Notwithstanding Subsection 4 (2) the following provisions shall
apply to a home improvement centre and any accessory use:
A Lot Area (minimum):
B Lot Frontage
(minimum):
C Building Location and
Setbacks:
D Building Height
(maximum):
E Gross leasable floor
area (maximum):
F Parking Requirements:
2.0 hectares
10.0 metres
Buildings and structures shall be
located entirely within the building
envelope shown on Schedule II
attached hereto
15.0 metres
12,000 square metres
There shall be provided and
maintained a minimum of
3.0 parking spaces per 100 square
metres of gross leasable floor
area for all permitted uses listed
in Section 4(1) of this by-law
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Maximum one home
improvement center shall be
permitted on the lands zoned
MU-21 or Schedule I attached
hereto
5. PROVISIONS ("H" Zone)
(1) Uses Permitted Zone Requirements ("H" Zone)
Until such time as the "H" Holding provision is lifted, the lands shall not be
used for any purpose other than any use permitted by the Mixed Use Zone
"MU-6" of Zoning By-law 3036 as amended by By-law 4895/97, and only
in the builds that existed on the date of the passing of this by-law.
(2) Removal of the "H" Holdinq Symbol
The "H" Holding Symbol shall not be removed from any zone until such
time as a Site Plan Agreement andlor a Development Agreement has
been executed with the City of Pickering and registered that provides for:
(a) Appropriate arrangements have been made to the satisfaction of the
City of Pickering that all the requirements for the development of the
home improvement centre have been complied with, including but not
limited to, environmental and engineering requirements, site access
and signalization, sustainable site and building design, phasing of
construction, easements, conveyance of land for road purposes and
all financial matters;
(b) Appropriate arrangements have been made to the satisfaction of the
Region of Durham for the provision of sanitary, water and
transportation services and environmental and engineering
requirements;
(c) Appropriate arrangements have been made to the satisfaction of the
Toronto Region Conservation Authority for the provision of
environmental and engineering requirements.
6. REPEAL OF BY-LAW
Upon this By-law coming into force and effect, the By-law 6710106 is hereby
repealed.
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7. 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 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 18th d~\ne, 2007.
~~
David Ryan, Mayor
Debi A. Bentley, City Clerk
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PROPERTY DESCRIPTION PART OF LOTS 23 & 24, CONCESSION 1
OWNER BROOKDALE CENTRE INC
FILE No. A 003/06
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Report Number: PD 48-06
Date October 10, 2006
From: Neil Carroll
Director, Planning & Development
SUBJECT: Zoning By-law Amendment Application A 3/06
Brookdale Centre Inc.
Part of Lot 23 & 24, Concession 1
1105 Kingston Road
City of Pickering
Recommendation:
1. That Report PD 48-06 of the Director, Planning & Development, regarding
Brookdale Centre Inc. be received;
2. (a) That Zoning By-law Amendment Application A 3/06 submitted by Brookdale Centre
Inc., on lands being Part of Lot 23 & 24, Concession 1, City of Pickering, to
amend the zoning to permit commercial development for a home improvement
centre and a variety of retail, personal service shop, office and restaurant uses, be
approved as revised, for a portion of the subject lands for a home improvement
centre only, with a U(H)" holding provision subject to the conditions outlined in
Appendix I to Report PD 48-06;
or
2. (b) That should Council desire to defer consideration of Zoning By-law Amendment
Application A 3/06 submitted by Brookdale Centre Inc., until such time as the
Toronto and Region Conservation Authority flood mapping issue is fully resolved
and staff have subsequently determined the necessary revisions to the Town
Centre West Development Guidelines and conducted a comprehensive review of
the applicant's total proposal, that Zoning By-law Amendment Application A 3/06 be
referred back to staff;
3. That, should Recommendation 2. (a) be adopted, that the amending zoning by-law,
to implement a portion of Zoning By-law Amendment Application A 3/06, for a
home improvement centre only, as set out in Appendix II to Report PO 48-06, be
forwarded to City Council for enactment; and
4. Further, that Council direct staff to undertake a review of the Town Centre West
Development Guidelines and report back to Council on the need for modification
to the Guidelines based upon the completion of the stormwater management
investigation for the area.
Report PO 48-06
..G .,~_..
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Date: October 10, 2006
Subject: 8rookdale Centre Inc. (A 3/06)
Page 2
" () .....
~x~~utive Summary: The applicant proposes to redevelop the 7.5 hectare
property for a commercial project that includas a home improvement centre and a variety
of retail, personal service shop, office and restaurant uses. 80th single and multiple
tenant buildings are proposed for the site, with Home Depot as the dominant tenant.
The lands currently support a vacant industrial building (previously occupied by TNT
Transport and Schindler Elevator), and a commercial plaza located opposite Walnut
Lane on the south side of Kingston Road (Walnut Grove Plaza). A zoning amendment
and changes to the Town Centre West Development Guidelines are required to
implement the proposal.
The Toronto and Region Conservation Authority (TRCA) has advised that recent flood
modeling of Pine Creek has identified significant concern with development in the
Town Centre West Neighbourhood. The entire subject property, as well as surrounding
properties in the Town Centre West area, are impacted by this mapping. The
implications of this concern on the development potential of lands in Town Centre West
could be significant and is currently being reviewed in detail by TRCA, the applicant,
and the City, and will take some time to complete. However, the applicant has advised
that Corporate Home Depot requires a decision on the rezoning of these lands by mid
October, or the project will be placed in jeopardy.
In view of the urgency expressed by Corporate Home Depot respecting its development
decision for this site, the City's Chief Administrative Officer requested that
Planning & Development bring forward a report for Council's consideration, to allow
Council to determine whether to proceed at this time with a site specific rezoning for
only the Home Depot component of the development proposal. Should zoning approval
be granted, Home Depot will still be required to satisfy TRCA with respect to
flood-proofing requirements.
The flood mapping matter identified by TRCA is of significant concern to staff, as it may
seriously impact the broader development vision for the Town Centre West
Neighbourhood. Until such time as this matter is resolved, the planning context within
which we are working is unknown, making it difficult to properly evaluate the proposal.
Prior to learning of TRCA's flood mapping concern, staff had concluded that a Home
Depot facility could be appropriately introduced into the Town Centre West
Neighbourhood provided the fundamental development/design principles of the
Town Centre West Guidelines were protected and maintained. This would require
changes to the applicant's proposal, to reflect more intensive mixed-use development
and to reorient the siting of some buildings. However, the Home Depot building was
supported generally in the area proposed by the applicant.
Should Council wish to proceed with the zoning of these lands at this time, it is
recommended that any approval be restricted to only the Home Depot component of the
development, and that an agreement be required through the use of a U(H)" holding
provision in the implementing by-law, to secure those elements of development that are
fundamental to the broader neighbourhood design vision (such as public roads,
signalization, site plan approval, and stormwater management/flood protection).
Report PO 48-06
_-6-__ TO Date: October 10, 2006
/ [.,,-<\....:1.
Subject: Brookdale Centre Inc. (A 3/06)
Page 3
C84
The U(H)" holding provision will also ensure that the City, Region of Durham and TRCA's
interests are addressed through the execution of appropriate agreements. The
remaining elements of the application will be considered through a further staff report,
following resolution of the TRCA flood mapping matter and consideration of any
required amendments to the Town Centre West Development Guidelines.
Financial Implications: No direct costs to the City are anticipated as a result of the
approval of zoning for the Home Depot development. However, costs may be incurred
by the City for further review/remediation of stormwater/flooding mapping matters as
they impact the Town Centre West Neighbourhood, depending on the results and
recommendations of the current investigation. Any costs to the City will be brought to
the attention of Council through further reports.
Background:
1.0 Introduction
Brookdale Centre Inc. submitted an application to amend the zoning by-law in
order to permit development of a commercial project on a 7.5 hectare property, with
a home improvement centre and a variety of retail, personal service shop, office and
restaurant uses (see Location Map, Attachment #1). The submitted site plan
indicates the development of both single and multiple tenant buildings on the site
with one dominant building that has a single user, being Home Depot. A
seasonal outdoor garden centre associated with the home improvement store is
also proposed. Other buildings include a larger retail format building (three
tenants) located in the southern portion of the site, two buildings that will flank the
Kingston Road frontage and contain some second storey office space, and two
small single-tenant retail buildings centrally located on the site (see Attachment
#2).
The requested uses include: assembly hall; business and professional offices;
commercial clubs, schools and recreational establishments; day nursery; discount
department store; drug store; dry cleaning depot; financial institution; general
merchandise store; home improvement centre; personal service shop; restaurants;
retail store; service store; video store and accessory seasonal garden centre having
outdoor storage. The applicant's conceptual site plan proposes the creation of
one new municipal (public) street, being the road extending south from
Kingston Road, across from the signalized Walnut Lane intersection. All other
roads are proposed as private aisles/laneways.
Report PO 48-06
" ''I 6~ 'IT
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Date: October 10, 2006
Subject: Brookdale Centre Inc. (A 3/06)
Page 4
"0-
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2.0 Comments Received
2.1 At the June 15, 2006 Public Information Meeting
Three area residents and two area business representatives appeared at the
Public Information Meeting to voice their comments respecting the application.
The residents raised concerns related to: notification process; sustainable
development; restoration of Pine Creek; noise; traffic in the adjacent residential
neighbourhood; tree preservation; the need for more retail; and impact of the
proposal on the residential tax base and on property values. The business
representatives supported the application provided certain matters are taken into
consideration (see text of Information Report and Meeting Minutes, Attachments #6
and #7).
2.2 Written Public Submissions on the application
One written submission was received from an abutting business owner, providing
support to the application, but noting that some implementation matters remain
that must be considered as development details evolve (see Attachment #8).
2.3 Agency Comments
Toronto and Region
Conservation Authority
- TRCA provided preliminary comments advising the
subject property is within the TRCA Regulated area
and all applicable requirements and polices will
need to be satisfied;
_ that floodplain mapping indicates significant depth of
flooding on the subject property during a regional
storm event;
- TRCA notes that where development exists within
valley and stream corridors, higher levels of risk are
permitted;
- since there is an existing building on the property,
replacement buildings are permitted subject to the
new structure and parking having safe access and
being flood proofed;
- TRCA recommends a cooperative investigation into
the floodplain management issue for the subject
property and the surrounding properties that are
also impacted by the flooding; (see Attachment #9).
Report PO 48-06
b
1 (,:. ". 7
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Date: October 10, 2006
Subject: Brookdale Centre Inc. (A 3/06)
Page 5
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Region of Durham
- the proposal is permitted by the policies of the
Durham Region Official Plan;
- municipal water supply and sanitary sewer services
are available to the subject property;
- transportation and access requirements will be
concluded during site plan approval process;
- the applications have been screened in accordance
with Provincial Interests and Delegated Review;
- the Region has no objection to the application and
encourages the use of a "H" - holding provision to
ensure all Regional requirements have been
satisfied (see Attachment #10).
- requires all building/structures and any accessory
activity be set back 14 metres form the Highway 401
property line (see Attachment #11 ).
No other agency that provided comment has objection to the application. Certain
technical issues and requirements related to the proposed use of the site can be
addressed during the site plan process, should this application be approved.
Ministry of
Transportation
3.0 Discussion
3.1 Revisions to the Town Centre West Development Guidelines are required
The subject lands are within the Town Centre West Development Guideline
(TCWDG) area. The TCWDG were adopted by City Council in 1995 and
establish a vision for the development of the area as a vibrant mixed use area
that incorporates residential, commercial and office uses. The TCWDG establish
principles for the development of the area, including a mix of uses, an internal
road network pattern, connections to the existing Town Centre Neighbourhood
and adjacent neighbourhoods, a variety of housing and office buildings, and a
pedestrian and open space network.
Since the adoption of the TCWDG there has been little development interest in
the area. The application by Brookdale Centre Inc. for a Home Depot and other
commercial facilities has increased development interest in the area. It appears
that Home Depot may act as a catalyst for the development of the area.
Recently, a rezoning application was submitted by Nerotal Ltd., Emix Ltd.,
Lakeridge Properties Inc., and the Region of Durham to amend the zoning of the
lands located immediately west of the subject property, to permit additional
commercial uses.
Report PD 48-06
/
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Date: October 10, 2006
Subject: Brookdale Centre Inc. (A 3/06)
Page 6
C 8 ilfowever, a 'big-box' retail centre is not reflective of the intensity or type of
development initially anticipated for this area of the City. The City has already
designated an area for 'big-box' development, being the First Pro Centre at
Brock Road and Pickering Parkway. While the Home Depot element of the
applicant's plan can be supported, it should only be introduced if it respects and
maintains the spirit and intent of the TCWDG. Further, the remainder of the site
should be developed in a more intensified fashion with mixed use buildings and
increased attention to urban design. The broader proposal by Brookdale Centre
will require revision if these development objectives are to be accomplished.
3.1.1 Road Network and Parcel Blocks must be established to accommodate future
development in the area
It is critical that development of this large land holding establish and secure the
block structure that will guide development of the broader neighbourhood. These
blocks will be created by the new internal municipal streets and private aisles,
and will establish a parcel structure that can accommodate the evolution of land
use over time, as envisioned by the TCWDG (see Attachment #3). The internal
road network planned for the Town Centre West Neighbourhood is an integral
component of the development vision for this area and is necessary to properly
serve the needs of future residents and businesses. The road network will
provide internal linkages between various access points around the perimeter of
the Town Centre West Neighbourhood, accommodate the evolution of land uses
in this area over time, and provide a focus for building design and pedestrian
activity.
The importance of pursuing a more intensified form of development in the
Town Centre West Neighbourhood was highlighted by City Council on June 6,
2005 through Resolution 91/05. This resolution identified the Town Centre West
Neighbourhood as a prime opportunity area for intensification and directed staff
to convey Council's interest for higher intensity land uses when dealing with
development interests in the area (see Attachment #12).
It is staff's recommendation that development must respect the fundamental
elements and principles of the TCWDG. While it is recognized that revisions to
the Guidelines will be necessary to address current development realities, the
core principles of the Guidelines continue to be supported. While a Home Depot
can be accommodated within the development concept generated by staff, (see
Attachment #4), other elements of the applicant's proposal will require revision.
These matters will be further discussed with the applicant and reported to
Council in a second phase report.
o
Report PO 48-06
/i? {17
Date: October 10, 2006
Subject: Brookdale Centre Inc. (A 3/06)
Page 7
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3.2 Review of the Impact on the Achievement of the Town Centre West
Development Guidelines due to the TRCA Flood Mapping needs to be
concluded
TRCA has advised that recent flood modeling of Pine Creek has identified
significant concern with development in the Town Centre West Neighbourhood
(see Attachment #5). If development potential is limited, the ability for the
fulfilment of the vision established in the TCWDG will be considerably impacted.
In the worse case scenario, the City will need to re-evaluate the entire
Town Centre West Neighbourhood development potential. In the best-case
scenario, remedial measures will be available to develop the neighbourhood
generally as initially envisaged, maintaining the intent and vision of the TCWDG.
The impacts of the floodline mapping require further investigation. If
development potential is significantly reduced, this will impact the road and
blocking pattern reflected in the Development Guidelines. The location of
buildings, driving aisles, public streets, parking lot layout and landscape features
may also require review.
TRCA advise that the existing property has certain redevelopment rights which
generally allow the owner to replace existing floor space with new floor space. A
Home Depot facility may be appropriately introduced into the Town Centre West
area provided the fundamental design principles are protected and maintained.
In order to permit the development of a Home Depot to proceed at this time an
agreement must be secured to protect the internal road pattern for the future
evolution of the area.
The review of the floodline mapping on the property is currently being explored
with the applicant, TRCA and the City working cooperatively together
investigating the modelling for the mapping and identifying the constraints and
opportunities for development.
Consideration of the Brookdale Centre Inc. application in its entirety is
considered premature until the extent of development opportunity has been
determined through the TRCA stormwater/flooding mapping exercise, and
recommendations for remedial works.
3.3 Applicant requires Council Decision to Secure Corporate Home Depot
Interest in the Site
The applicant has advised that Corporate Home Depot requires a City
commitment to this site by mid October, through zoning, prior to finalizing its
business plan for the Pickering site. In view of the urgency expressed by
Corporate Home Depot, the City's Chief Administrative Officer requested that
Planning & Development staff bring forward a report on this matter to provide
Council the opportunity' to decide whether it wishes to proceed with a site specific
rezoning for the Home Depot component of the development at this time or
whether it wishes to defer consideration of the application until such time as a
comprehensive stormwater management, flooding analysis for the entire Town
Centre West area is completed.
Report PO 48-06
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Date: October 10,2006
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Subject: Brookdale Centre Inc. (A 3/06)
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3.4 Protection for Public Roads is Required
Page 8
The applicant proposes to access the site by means of a private traffic aisle off
both Dixie Road and Kingston Road, and a proposed new public street located
on the south side of Kingston Road, at the existing signalized Walnut Lane
intersection. The application also provides for a traffic aisle along the western
property line, abutting the properties to the west.
It is recommended that land be conveyed to the City for two public roads
generally in accordance with the road pattern established in the Town Centre
West Development Guidelines and that funds be secured for construction of
these roads. The two roads include an east-west connection through the entire
site, extending east from Dixie Road, and a north-south road from Kingston
Road, at the signalized Walnut Lane intersection, southerly to the new east-west
road. The need for public roads is based on the assumption that the flooding
issues will be resolved and that the neighbourhood road pattern identified in the
TCWDG can be implemented. Should new development in this area be limited to
only the Home Depot building, then it is unlikely that City would pursue public
roads.
The applicant agrees with the requirement for the conveyance and construction
of a new north-south public road from Kingston Road, at the signalized
Walnut Lane intersection, to connect to an east-west aisle within the
development. However, they do not wish to provide the east-west aisle as a
public road.
The east-west connection road is an essential design requirement and
establishes proper blocking and view corridors for the future development of the
area. The applicant's conceptual site plan (see Attachment #2) identifies the
Home Depot main entry on the north face of the building, with a significant
parking area located to the north of the building. In order to provide unobstructed
parking for Home Depot, the site plan reflects a significant 'bend' or 'bow' in the
alignment of the east-west road. This alignment is not supported by staff and
works against the design and development principles of the TCWDG. Road
alignments should be established based on a design that best serves the broader
neighbourhood, and should not be significantly altered to satisfy the specific
development interest of one party. A straight easUwest road alignment,
extending east from Dixie Road (Bridgepoint Centre), supports the development
objectives of the TCWDG and supports a grid road pattern that best
accommodates the evolution of land uses over time. Further, Home Depot can
still be accommodated with a straight road alignment, through reorientation of the
building and/or the associated parking area. The applicant does not support a
straight easUwest road alignment through their property. This matter will need to
be addressed through the development agreement and site plan review process.
It is recommended that, as a first phase zoning, the majority of the site be zoned
for a Home Depot USH (home improvement centre) to allow maximum flexibility
for building reorientation, in order to accommodate an east-west public road.
Report PO 48-06
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Date: October 10, 2006
Subject: Brookdale Centre Inc. (A 3/06)
Page 9
3.5 Enhanced Building Design & Sustainable Elements Required
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The massing, building location and design of the buildings must contribute
positively to the existing and future land use context. While detailed building
designs have not been undertaken, the applicant has developed preliminary
elevations and building perspectives which exhibit an understanding of the need
for a building that exhibits a high level of design. An attractive building that
incorporates significant sustainable elements must be achieved to make a
positive contribution to the surrounding area. Staff notes that the Municipality of
Clarington recently approved a Home Depot development in its municipality that
will be LEED certified. It is recommended that this Home Depot building and site
also be LEED certified and reflect significant sustainable elements.
4.0 Technical Matters
4.1 Site Plan Agreement will be required to Address Development
A site plan agreement between the City and the owner of the lands will be
required to ensure that all matters of interest to the City are protected. Matters to
be addressed included, but not limited to, stormwater management, site access,
parking and loading areas, ensure the site can accommodate recycling/three-stream
refuse and sustainable building design. The agreement should also secure the
land and funding for construction of new public streets through the site from the
western limit of the property to the eastern limit of the property and north to
Walnut Lane. This required agre:ement, and several other development
implementation matters, are incorporated into the recommended conditions of
approval for this application and are found in Appendix I to this Report.
4.2 Traffic Study to be Revised
The traffic study submitted with the application was based on a comprehensive
development. If the Home Depot building proceeds on its own, the traffic study
must be up-dated to address those improvements, such as access and
signalization, that will be required for a Home Depot development to function
properly. A condition of the site plan agreement will require the owner to
undertake any necessary works to address the traffic requirements for a
Home Depot use on the site.
4.3 Further Processing of the Application is Required and the Proposed Zoning
By-law to include a "(H)" Holding Provision to address required
agreements
The by-law attached to this report (see Appendix II) implements the 'first phase'
of this development proposal, being the home improvement centre (Home Depot)
only. A zoning by-law for the remainder of the requested uses and associated
buildings will not be brought forward until the issues related to flooding of the
area has been concluded. It is at that time that staff will be able to conduct a
comprehensive analysis of any required changes to the proposal to bring it in line
with any recommended revisions to the TCWDG.
Report PO 48-06
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Date: October 10, 2006
Subject: Brookdale Centre Inc. (A 3/06)
Page 10
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\. ..) 1. The amending zoning by-law incorporates a U(H)" holding provision that will
require the owner to satisfy certain conditions prior to the lifting of the holding
provision. These conditions will include entering into a site plan agreement with
the City in accordance with the conditions listed in Appendix I to this report which
will address land conveyance and securing of funds for the internal roads, and
matters related to sustainable design (site and building designed to be LEED
certified). The holding provision also requires the flood proofing and stormwater
management needs of the entire area to be reviewed and that any associated
implications on the TCW Development Guidelines be addressed.
5.0 Applicant's Comments
The applicant has been advised of the recommendations of this report.
APPENDICES:
APPENDIX I:
APPENDIX II:
Recommended Conditions of Approval for A 3/06
Draft Zoning By-law Amendment
Attachments:
1. Location Map
2. Applicant's Conceptual Site Plan
3. TCW Development Guideline
4. Staff Vision for Town Centre West Area
5. TRCA Screening / Flooding Map
6. Text of Information Report
7. Minutes from June 15,2006 Statutory Public Information Meeting
8. Area Business Comment - Emix Ltd.
9. Agency Comments - TRCA
10. Agency Comments - Region of Durham Planning Department
11. Agency Comments - Ministry of Transportation
12. Pickering Council Resolution 91/05
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Date: October 10, 2006
Report PD 48-06
Subject: Brookdale Centre Inc. (A 3/06)
Page 11
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Prepared By:
Approved I Endorsed By:
~
Neil a rro II , . PP- .
Director, Planning & Development
Ross Pym, MCIP, RPP
Principal Planner - Development Review
RP:jf
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering .~)ty Council 'e) .
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Minutes I Meeting Summary
Statutory Public Information Meeting
Council Chambers
/ Thursday, June 15, 2006
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COUNCILLORS:
Councillor Brenner - Chair
Councillor McLean
Councillor Dickerson
ALSO PRESENT:
Ross pym
Rick Cefaratti
Lynda Taylor
Franco Romano
:avid MaKay
- Principal Planner, Development Review
- Planner II
- Manager, Development Review
_ Action Planning Consultant, Agent for the Applicant
- MHBC Planning
- Home Depot & Brookdale Centre Inc.
Lynda Taylor, 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.
2. ZONING BY-LAW AMENDMENT APPLICATION A 03/06
BROOKDALECENTREINC
PART OF LOT 23 & 24, CONCESSION 1
1105 KINGSTON ROAD
CITY OF PICKERING
1. Planner Comments
Ross Pym, Principal Planner, Development Review, gave an overview of the property
location, applicant's proposal and City's Official Plan policies pertaining to this site, as
outlined in Information Report No. 09-06.
2. Applicants Comments
David MaKay, from MHBC Planning, representing Home Depot/Brookdale Centre
Inc., provided a PowerPoint presentation of the proposal. The proposed site includes
the existing Lick's Plaza and tenants would be able to relocate into the new re-
developed site. He explained that currently access aligns with Walnut Lane through a
public road system; however, the evolution of the site over the long term, would
i comply with The City's quidelines. He also stated that traffic, environmental, soil and
Page 4
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access concern over their lands to the Home Depot site, and the effect of the
proposed access on the EMS site is of concern. He noted that building F would
interfere with their property's sightlines. He concluded by stating that these issues
must be addressed prior to forwarding this proposal to Council.
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Doug Howard
1775 Storrinqton Street
Mr. Howard had some questions regarding the notification process. He stated that the
traffic into the Glendale neighbourhood would be a major concern and objected to
Walnut Lane connecting into the plaza. He was particularly concerned with traffic
turning into Walnut Lane, especially when trucks would be turning into the site from
the east and to the south. He noted that this area had mature trees and asked if these
would remain. He questioned the need for more retail space, as there are already
several empty retail units in the area. Lastly, he asked when the final construction
phase would be completed.
Mr. D'Souza
1105 Dunbarton Road
Mr. D'Souza also questioned how residents are notified of any re-zoning application.
He reiterated the previous residents concerns with traffic congestion in the area. He
further wanted to know if residential taxes would be reduced as a result of the
increase in the commercial property taxes. Lastly, he questioned whether or not this
application would impact the re-sale value of the area homes.
4. Response from Applicant
David MaKay addressed several aspects of the resident's comments/concerns. First
there would be a review of the energy sustainability concepts and the public road
access issues that would address the safety concerns and access issues. With
respect to the building placement, the applicant was willing to work with the adjacent
landowners. He further stated that the traffic study recommended various
options/improvements to the area traffic flow, i.e. traffic signal timing, and that there
would be consultation with the City and the Region to review access flow options. He
also stated that landscaping would be addressed during the site plan review process
and that every effort would be made to retain existing trees wherever possible. He
explained that the construction schedule was yet to be determined, however, it is
expected that construction would begin in the fall of 2006. The Home Depot building
would be completed in approximately seven months. The remaining building schedule
would take another year for the completion of the other buildings. He also noted that
the City and TRCA would review stormwater management reports to minimize impact
on Pine Creek. Lastly he explained that Dixie Road would be used for truck traffic
access and that Home Depot would have night deliveries in order to avoid conflict
with customers during the day.
Page 6
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C ~diarket studies, are being finalized with no impact expected to the downtown core.
He further explained that The City would have additional tax revenues from this
proposal and an estimated 500 jobs wouldl be created. Lastly, he stated that
construction would begin in 2006 with an expected fall 2007 opening of the Home
Depot facility.
3. Comments from Members of the Public
Sylvia Spencer
771 She/Jard A ve. East
Ms. Spencer expressed concerns that no solar power was proposed. She wanted to
know if this proposal incorporated plans that would set aside funds toward the
restoration of Pine Creek. In addition, she is concerned with outdoor patio use, as
she feels this type of facility would create excessive noise. Another concern is with
the timing of Home Depot deliveries, and lastly how seriously did this proposal
compromise The City's Guidelines.
Christian Hepfer
Emix Ltd
Nerotal Ltd.
27 Dunloe Road
Toronto. ON
Mr. Hepfer is the owner of 1101 and 1099 Kingston Road. He noted his support of the
application, and provided written correspondence in this regard. He noted that the
proposed re-zoning and ensuing development would complement the existing use in
the area. He further advised that they would like to be closely involved, and noted the
following concerns;
. traffic flow in and out of site.
. public road infrastructure. (continue Liverpool Road as planned)
. building placement and the direction the buildings face.
. setback from the 401 in line with current buildings.
. truck access times and route.
In summary, he stated that currently the zoning of the properties was very restrictive
compared with the proposed zoning for the subject property and strongly encouraged
the re-zoning to apply to all lands south of Kingston Road and to the east and west of
Dixie Road.
Bob Oldman
555 Kinston Road W.
Aiax. ON
Mr. Oldman, is the representative for Lakeridge Properties, who are the owners of the
adjacent lands to the subject re-zoning application. He noted his clients' support for
development and revitalization of this area and furthermore that Lakeridge Properties
would co-apply for rezoninq of their properties. He did point out that there was an
Page 5
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5. Staff Response C D G
Ross Pym, Principal Planner, clarified the notification process. He stated that letters
are sent out to all residents within 120 metres of the site, advising of the proposed
application. In addition, three signs are posted on the site and the proposed
application is also posted on the City website. Lastly, he confirmed that further review
of TCW guidelines would be required in conjunction with traffic and other submitted
reports.
Page 7
CiUI 0#
REPORT TO
PLANNING & DEVELOPMENT COMMITTEE
Report Number: PO 19-07
Date: June 4, 2007
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1.:: v i
, From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 5/06
1685279 Ontario Inc.
1741 Fairport Road
Lot 126, Plan 1051
(Part 1, 40R-23692)
City of Pickering
Recommendation:
1. That Zoning By-law Amendment Application A 5/06 be approved to permit the
development of limited retail commercial uses on the subject property including
personal service, offices, restaurants, retail stores and financial institution uses
on lands being Lot 126, Plan 1051, Part 1, 40R-23692;
2. That Council give direction to staff to seek consent of all parties to have the
Ontario Municipal Board refuse to approve Draft Plan of Subdivision
S-P- 2005-01 ;
3. That By-law 6529/05 to permit nine single detached dwellings on the subject
lands be revoked; and
4. Further, that the zoning by-law to implement Zoning By-law Amendment
Application A 5/06, as set out in Appendix I to Report PO 19-07, be forwarded to
City Council for enactment.
Executive Summary: The applicant requests an amendment to the zoning by-law
to permit the establishment of retail stores, personal service shops, offices, restaurants
and financial institution uses on the subject property, located at the southern edge of
the Dunbarton Neighbourhood, fronting the east side of Fairport Road and immediately
north of the Canadian National Railine (CN).
The applicant initially proposed the development of a traditional strip plaza having two
separate single storey buildings, providing a total gross floor area of 1446 square
metres. However, through discussions with Planning & Development staff, the
applicant has agreed to a modified plan that provides a similar gross floor area within
one building, with a second floor component fronting Fairport Road (see Attachment
#4). The development is to reflect a residential character in its architecture. The
function, scale, intensity and compact urban design of the proposal are compatible with
the surrounding neighbourhood and the proposed uses comply with the provisions of
the City's Official Plan.