HomeMy WebLinkAboutPD 19-07
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REPORT TO
PLANNING & DEVELOPMENT COMMITTEE
Report Number: PO 19-07
Date: June 4, 2007
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, 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.
Report PD 19-07
Date: June 4, 2007
Subject: 1685279 Ontario Inc. (A 5/06)
Page 2
Issues pertaining to the ultimate site development and design will be addressed through
the implementing zoning by-law, appropriate agreements and the required site plan
approval process.
It is recommended that this application be approved in its modified form, and that the
draft by-law be forwarded to City Council for enactment.
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Financial Implications: The Municipal Property & Engineering Division recommend
that a "Steep Hill" sign with a solar powered flashing beacon be installed on the south
side of Sheppard Avenue, west of Fairport Road to improve safety at the intersection, at
a cost to the applicant of $2,500. Should additional costs (potentially $1,000) be
incurred for the sign, these costs will be covered through the Roads Current Budget
Account 2320 - 2409 (Highway aids, repairs and maintenance).
Sustainability Implications: This development proposal is an infill project that
makes efficient use of vacant lands, and takes advantage of existing infrastructure
within the City's urban area. The proposal will provide office and commercial space
within walking distance for residents of the immediate neighbourhood, thus reducing
automobile trips.
The applicant's proposal, by way of the recommended modifications by the
Planning & Development Department, generally represents a sustainable approach for
the development of the subject lands.
Background:
1.0 Comments Received
1.1 At the June 15, 2006 Public Information Meeting
Five area residents spoke in opposition to the proposed development at the
Public Information Meeting and voiced the following concerns:
proposed garbage and pick-up location;
potential outdoor patios with bands;
underutilized strip plazas currently exist within the City;
potential for increaslsd traffic congestion;
poor sight lines approaching the site northbound on Fairport due to the
C.N.R. overpass;
compatibility of proposal with existing residential development (see text of the
Information Report and minutes of the information Meeting Attachment # 6 &
#7).
Report PD 19-07
Date: June 4, 2007
Subject: 1685279 Ontario Inc. (A 5/06)
Page 3
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1.2 Written Public Submissions on the application
A letter was received on June 3, 2006, from Boyd and Nancy Penny, noting their
objection to the applicant's proposal for the following reasons:
- the increased vehicle traffic intersections of Sheppard Avenue and
Dunbarton Road at Fairport Road;
increase in traffic related noise;
adequacy of parking;
conflict between pedestrian traffic and vehicular traffic at crossing
Fairport Road (see Attachment # 8).
An electronic letter was received on June 15, 2006, from Wayne Gibson of
1748 Fairport Road, noting his objection to the applicant's proposal for the
following reasons:
the proposal for commercial uses would not be in character with the
Dunbarton Neighbourhood;
commercial uses would significantly increase vehicular traffic in the area (see
Attachment # 9).
1.3 City Department and Agency Comments
Region of Durham
Planning Department
- the Durham Regional Official Plan permits limited
office and retail uses in appropriate locations;
municipal water and sanitary services are
available to the subject property;
- the owner will be required to pay a sanitary
sewer frontage charge (see Attachment #11);
T cronto & Region
Conservation Authority
- no objections to the application;
- due to downstream erosion problems associated
with Amberlea Creek, the TRCA requests
circulation of associated Site Plan Applications in
order to ensure storm water quantity, quality and
erosion control are adequately addressed (see
Attachment #12);
CN Rail
- the owner must install and maintain at their own
expense, a 1.83 metre high chain link fence along
the mutual property line;
- any proposed alterations to the existing drainage
pattern affecting Railway property must receive
prior approval from the Railway and must be
substantiated with a drainage report to the
satisfaction of the Railway;
Report PO 19-07
Date: June 4, 2007
Page 4
Subject: 1685279 Ontario Inc. (A 5/06)
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CN Rail (Continued))
Municipal Property &
Engineering Division,
Transportation
Engineering
2.0 Discussion
2.1 History/Background
_ recommend a minimum building setback of
approximately 30 metres from the Railway
right-of-way (see Attachment #13);
- based on a review of a Traffic Study prepared by
Mark Engineering, the impact of traffic generated
by the proposed development would not be
significant on the surrounding road network;
- recommend that a Steep Hill Sign with a Solar
Powered Flashing Beacon be installed at the
applicant's expense on the south side of
Sheppard Avenue, west of Fairport Road to
improve safety at the intersection (see
Attachment #10) (see Location Map, Attachment
#1 for approximate location of proposed signage).
Draft Plan of Subdivision Application S-P-2005-01 was submitted in 2005 to
create one subdivision block on the subject lands to facilitate future residential
development and associated lot creation through the Part Lot Control provisions
of the Planning Act. The plan was draft approved October 5, 2005. However,
the Canadian National Railway (CN) appealed the City's draft approval of the
Plan to the Ontario Municipal Board (OMB). The OMB has not established a
hearing date as the property was sold and the current owners requested deferral
of a hearing until such time as this rezoning application for retail uses is
considered by Council.
Zoning By-law Amendment Application A 15/04 was submitted in November
2004 to permit the development of the subject lands for nine detached residential
units (see Attachment #5). By-law 6529/05 was approved by City Council, to
implement the residential proposal, on June 6, 2005.
Due to the significant objection of CN to residential use of the land, alternative
land uses were explored by the current owners, and the current
office/commercial application was submitted.
2.2 Use and Compatibility
2.2.1 The proposed uses comply with the Durham Regional Official Plan and
Pickerinq Official Plan desiqnation
The applicant's proposal conforms to the Region of Durham Official Plan which
designates the subject property 'Urban Area - Living Area'.
Report PD 19-07
Date: June 4, 2007
Subject: 1685279 Ontario Inc. (A 5/06)
Page 5
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J;. ',-, the subject property is designated Urban Area - Low Density Area in the
Pickering Official Plan. This designation permits offices and the retailing of goods
and services serving the local area. Approval of the zoning by-law amendment
would conform with the City's Official Plan.
2.2.2 Limited retail commercial uses are appropriate and compatible uses within the
Dunbarton Neiqhbourhood
The site area is sufficient to accommodate a limited commercial development
comprising of retail stores, offices, personal service shops, a financial institution
and restaurants, within a two storey building, along with associated parking.
The building form and location illustrated on the Staff Recommended Conceptual
Plan (see Attachment #4) will assist to buffer the adjacent residential properties to
the north from noise associated with the adjacent CN Rail line.
The proposed development will be compatible with the existing low density
residential neighbourhood. The implementing zoning by-law will restrict the
maximum height of any structure to 9.0 meters, which is the height allowed for
abutting residential buildings. The retail commercial uses will recover the loss of
retail floor space from the plaza that was demolished for the construction of the
Ford / Volvo dealerships. Commercial development of this property will provide for
local convenience needs.
2.3 The Site Plan Approval Process will address Site Development,
Functioning and Design and will be secured through an appropriate
agreement
The applicant's initial proposal was for two single storey buildings having a total
gross floor area of 1446 square meters, providing parking at a ratio of
four spaces per 93 square meters. The initial plan was presented at an
Information Meeting on June 15, 2006 (see Attachment #2).
To address resident and staff concerns, the applicant submitted a revised
conceptual site plan to the Planning & Development Department on
November 3, 2006. The revised conceptual plan proposed two single storey
commercial buildings providing a gross floor area of 1182 square metres (see
Attachment #3). This plan was not significantly different from the initial plan, and
was not supported by staff.
Report PD 19-07
Subject: 1685279 Ontario Inc. (A 5/06)
Date: June 4, 2007
Page 6
To facilitate further discussion in an attempt to achieve a mutually acceptable
development concept that was sensitive and compatible with the residential area,
staff prepared an alternative conceptual plan in April 2007 which proposed one
building with a partial second functional floor of approximately 500 square
metres, and adequate area for parking and efficient site function (see
Attachment #4). This concept eliminated the "strip plaza" design that did not
have any connection to the community and replaced it with a building mass that
addresses the street and provides opportunity for residential characteristics of
design to be incorporated into the building.
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This conceptual plan was reviewed and discussed with the applicant. The
property owner supports this revised concept and wishes to proceed with zoning
to implement this proposal. The applicant will be required to submit more
detailed site plan drawings that reflect the revised recommended conceptual plan
through the Site Plan Approval Process. The site plan shall also address overall
site design and function including the provision of pedestrian connections,
appropriate landscaping/buffering, garbage collection, and appropriate fire
routing. In order to provide a built form that is compatible with the surrounding
neighbourhood, it is recommended that the design of the future two storey
building incorporate residential design elements such as sloping roofs.
Sheppard Avenue and Fairport Road Intersection Improvements
Based on the review of a Traffic Study prepared by Mark Engineering, the
Municipal Property & Engineering Division has determined that the traffic
generated by the proposed development will not significantly impact the
surrounding road network. However, the Fairport Road/Sheppard Avenue
intersection has been identified as a high accident location and increased traffic
on Fairport Road will only aggravate the situation during inclement weather
conditions.
MP&E recommend that a Steep Hill sign (Wa-21) with a flashing beacon be
installed for eastbound vehicles along Sheppard Avenue to improve safety at the
intersection. It is also recommended that, as per City of Pickering Sustainability
Policy, a solar panel be used to power the flashing beacon. Cost sharing for
these two items can be addressed in the Site Plan agreement. It is
recommended that the applicant contribute $2,500 toward the cost of the
installation, and that any additional cost (potentially up to $1,000) be covered by
the City.
2.4 Amending Zoning By-law should be enacted
It is recommended that the draft implementing zoning by-law attached to this
report be enacted by City Council (see Appendix II). The By-law would permit
the following use on the property:
Report PD 19-07
Subject: 1685279 Ontario Inc. (A 5/06)
Date: June 4, 2007
Page 7
...~, ,-- bakery (with odour control)
..:.., ',I ...J business office
- commercial school
- day nursery
- dry cleaning depot
- financial institution
- fitness centre
laundromat
personal service shop
professional office
restaurant (with odour control)
retail store
- veterinary clinic and pet grooming facility
It is recommended that drive thru facilities be prohibited in association with any
permitted use. The recommended conditions of approval for the implementing
Zoning By-law and the required Site Plan Agreement are described in Appendix I
to this Report. The requirement for odour control will be addressed in the site
plan review process.
3.0 Applicant's Comments:
The applicant is aware of the contents of this Report and supports the staff
recommendation.
APPENDICIES:
Appendix I: Recommended Conditions of Approval
Appendix II: Draft Text and Schedule Amending By-law
Attachments:
1. Location Map
2. Applicant's Original Concept Plan
3. Applicant's Second Revised Plan
4. Staff Recommended Conceptual Site Plan
5. Residential Development Potential (as per By-law 6529/05)
6. Text of Information Report
7, Minutes from Statutory Public Meeting
8. Resident Comment - Boyd and Nancy Penny
9. Resident Comment - Lundy and Wayne Gibson
10. Comments from Municipal Property & Engineering
11. Agency Comment - Region of Durham
12. Agency Comment - TRCA
13. Agency Comment - CN Rail
Report PO 19-07
Subject: 1685279 Ontario Inc. (A 5/06)
Date: June 4, 2007
Page 8
Prepared By:
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Approved / Endorsed By:
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Rick efaratti q
Planner II
Neil Carr
Director,
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Lynda T ylor, MCIP, RP
Manager, Development Review
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Attachment
Copy: Chief Administrative Officer
Recommended for
Pickering City Cou
consideration of
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APPENDIX I TO
REPORT PD 19-07
RECOMMEND CONDITIONS OF APPROVAL FOR IMPLEMENTING ZONING
BY-LAW AND SITE PLAN AGREEMENT
RECOMMEND CONDITIONS OF APPROVAL FOR IMPLEMENTING ZONING
BY-LAW AND SITE PLAN AGREEMENT
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1. That the implementing zoning by-law:
a) permit retail commercial, personal service, restaurant, business and
professional office as permitted uses on the property;
b) prohibit drive-thru facilities associated with any permitted use;
c) require a minimum of 50 % of the ground floor area of the building to be
provided in second storey leasable floor space;
d) require a maximum gross floor area of 1, 500 square metres
e) restrict restaurants to a maximum of 2, and restrict the aggregate gross
leasable floor area of all restaurants to a maximum of 260 square metres;
f) limit development on site to a maximum of 1 building
g) require parking to be provided at a rate of 5.0 spaces per 100 square
metres of gross leasable floor area.
2. That the Site Plan Agreement include the following requirements:
a) installation of a Steep Hill sign (Wa-21) with a flashing beacon for
eastbound vehicles along Sheppard Avenue to improve safety at its
intersection with Fairport Road;
b) installation of odour suppression equipment for any bakery or restaurant
use on the property;
c) that the building design reflect residential characteristics, such as a sloped
roof
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APPENDIX II TO
REPORT PD 19-07
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 5/06
THE CORPORATION OF THE CITY OF PICKERING
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BY-LAW NO.
Being a By-law to amend Restricted Area (Zoning) By-law 3036, to
implement the Official Plan of the City of Pickering, Region of Durham, on
lot 126, Plan 1051, (Part 1, 40R-23692), in the City of Pickering. (A 5/06)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit the development of retail commercial uses including, business offices, financial
institutions, personal service shops, professional offices, and restaurants in lot 126,
Plan 1051, (Part 1, 40R-23692), in the City of Pickering;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
1. SCHEDULE I
Schedule I attached to this By-law 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 apply to those lands in lot 126, Plan 1051,
(Part 1, 40R-23692), in the City of Pickering, designated "C-20" on Schedule I
attached hereto.
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied, erected, moved
or structurally altered except in conformity with the provisions of this By-law.
4. DEFINITIONS
In this By-law,
(1) "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;
(2) "Bakerv" 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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(7)
(8)
(9)
(10)
(11 )
(12)
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"Business Office" shall mean a building or part of a building in which the
management or direction of business, a public or private agency, a
brokerage or a labour or fraternal organization is carried on and which
may include a telegraph office, a data processing establishment, a
newspaper publishing office, the premises of a real estate or insurance
agent, or a radio or television broadcasting station and related studios or
theatres, but shall not include a retail store;
(4)
"Commercial School" shall mean a school which is operated for gain or
profit and may include the studio of a dancing teacher or music teacher,
or an art school, a golf school or any other such school operated for gain
or profit, but shall not include any other school defined herein;
(5)
"Dav Nursery" shall mean lands and premises duly licensed pursuant to
the provisions of the Day Nurseries Act, or any successor thereto, for use
as a facility for the daytime care of children;
(6)
"Drive-thru" shall mean a building or part of a building devoted to a drive-
through order and pick-up service;
"Dry Cleaninq Depot" shall mean a building or part of a building used for
the purpose of receiving articles, goods, or fabrics to be subjected to dry
cleaning and related processes elsewhere, and of distributing articles,
goods or fabrics which have been subjected to any such processes;
"Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
"Fitness Club" shall mean a building or part of a building in which facilities
are provided for recreational athletic activities including but not limited to
body-building and exercise classes, and shall include a sauna;
"Functional Floor Level" shall mean an enclosed building storey containing
an area of at least 50% of the building's ground floor area, and having a
ceiling height suitable to permit the intended use;
"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;
"Laundromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental
equipment;
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(13) "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 a dressmaking shop or a
photographic studio, but shall not include a body-rub parlour as defined in
section 224 (9)(b) of the Municipal Act, R.S.O. 1990, Chapter MA5, as
amended from time-to-time, or any successor thereto;
(14) "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 section 224 (9)(b) of the
Municipal Act, R.S.O. 1990, chapter MA5, as amended from time-to-time,
or any successor thereto;
(15) "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 or drive-thru component
as defined herein;
(16) "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.
(17) "Veterinary Clinic" shall mean a building or part of a building in which
medical service is performed service or consultation is given for domestic
pets, may include accessory sales of associated products, accessory
services such as grooming, emergency overnight accommodation, but
shall not include long-term boarding on the premises.
5. PROVISIONS
(1) Uses Permitted ("C-20" Zone)
No person shall, within the lands zoned "C-20" on Schedule I attached to
this By-law, use any lot or erect, alter or use any building or structure for
any purpose except the following:
(a) bakery
(b) business office
(c) commercial school
(d) day nursery
(e) dry cleaning depot
(f) financial institution
(g) fitness club
(h) laundromat
(i) personal service shop
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0) professional office
(k) restaurant - type A
(I) retail store
(m) veterinary clinic
(2) Zone Requirements ("C-20" Zone)
No person shall within the lands designated "C-20" on Schedule I
attached hereto use any lot or erect, alter or use any building except in
accordance with the following provisions:
(a) BUILDING RESTRICTIONS
(i) The maximum combined gross leasable floor area for all uses on
the lands zoned "C-20" on Schedule I attached to this By-law
shall be 1500 square metres;
(ii) The maximum combined gross leasable floor area for all uses on
the first floor of any building on the lands zoned "C-20" on
Schedule I attached to this By-law shall be
1 000 square metres;
(iii) There shall be a maximum of one building on the lands zoned
"C-20" on Schedule I attached to this By-law;
(iv) Building Height:
maximum 9 metres
(v) Functional Floors:
a. 50% of the ground floor area of the building to be provided
in second floor leasable space
b. the front wall of the second storey shall comply with the
front yard depth provision of this by-law
(vi) Front Yard Depth:
minimum 7.5 metres
maximum 8.0 metres
(vii) North Side Yard Width: minimum 1.8 metres
(viii) South Side Yard Width: minimum 10 metres
(b) PARKING REQUIREMENTS
(i) A minimum of 5 parking spaces shall be provided and
maintained on the lot for every 100 square metres of gross
leasable floor area or part thereof;
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(ii) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all entrance and exits to parking areas and all parking
areas shall be surfaced with brick, asphalt, or concrete, or any
combination thereof.
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(c) SPECIAL REGULATIONS
(i) A maximum of 2 restaurants shall be permitted - the aggregate
of the gross leasable area of all restaurants shall not exceed 260
square metres;
(ii) No outdoor patio shall be permitted;
(iii) No drive-thru associated with any use shall be permitted;
(iv) All garbage enclosures shall be fully enclosed and roofed.
6. BY-LAW
(1) By-law 6529/05 is hereby repealed.
(2) 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.
7. EFFECTIVE DATE
This By-law shall come into force in accordance with the provisions of the
Planning Act, if required.
BY-LAW read a first, second, and third time and finally passed th....~\ day of
June,200? ~
David Ryan, Mayor
Oebi A. Bentley, City Clerk
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Planning & Development Department
PROPERTY DESCRIPTION LOT 126 PLAN 1051, NOW RP 40R23692
OWNER 1685279 ONTARIO INC.
FILE No. A005/06
go a ;::lour-c..:
Tar-anat Enterpri... Inc. and its sup~lie,... All right. Re..rvod. Not a pion of survey.
2005 MPAC and its suppliers. All rj"'hts Reserved. Not 0 pion of SUrvey,
DATE MAY. 14,2007
SCALE 1 :5000
DRAWN BY JB
CHECKED BY JC
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RESIDENTIAL DEVELOPMENT POTENTIAL
(BY-LAW 6529/05)
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SITE PLAN
1741 Fai~port Road,
9 Single Detached Residential
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INFORMATION REPORT NO. 08-06
FOR PUBLIC INFORMATION MEETING OF
June 15, 2006
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT:
Zoning Amendment Application A 05/06
1685279 Ontario Inc.
1741 Fairport Road
(Lot 126, Plan 1051 Now RP 40R-23692 Part 1)
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
- the subject property is located at the southern edge of the Dunbarton
Neighbourhood, fronting on the east side of Fairport Road, immediately north
of eN Rail, approximately 200 metres from the new Ford and Volvo of
Durham automobile dealerships on Kingston Road (see Attachment #1 -
Location Map);
- existing detached dwellings are located to the north, east and west of the
subject property;
the property has an approximate area of 0.5 of a hectare (1.2 acres), is
currently vacant and is generally rectangular in shape.
2.0 APPLICANT'S PROPOSAL
- the applicant proposes to amend the existing zoning of the subject property to
permit the development of two buildings for retail commercial uses, having an
approximate total gross floor area of 1446 square metres (15,100 square feet)
and, providing parking at a rate of 4.0 spaces per 93 square metres of gross
floor area (1000 square feet) or 70 parking spaces (see Attachment #2 -
Applicant's Submitted Plan);
Information Report No. 08-06
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- the applicant has requested that the amending zoning by-law permit the
following proposed uses on the property:
. bakery
. business office and professional office
. commercial school
. day nursery
. dry cleaning establishment
. financial institution
. fitness centre
3,0 BACKGROUND INFORMATION
. library
. personal service shop
. restaurant without drive-thru
. retail store including a
pharmacy
. veterinary clinic and grooming
facility
. accessory uses to the primary
use
. laundromat
Pickering City Council approved Zoning Amendment Application A 15/04 and
passed By-Law 6529/05 on June 6, 2005, in association with Draft Plan of
Subdivision S-P-2005-01 to permit nine detached dwelling lots on the subject
lands;
- the lots proposed in the Draft Plan of Subdivision would be developed in
accordance with the provisions of a (H)S3-12 Detached Dwelling Zone;
the Draft Plan of Subdivision was submitted by the previous owner,
R&D Investments Inc., and was subsequently appealed by CN Rail, the
abutting property owner to the south;
- the applicant has advised that, in the event that the current zoning
amendment application proposing retail commercial uses on the subject lands
is approved by City Council, the Draft Plan of Subdivision application would
be withdrawn.
4.0 OFFICIAL PLAN AND ZONING
4.1 Durham Regional Official Plan
- designates the subject property as Urban Areas - Living Area, which permits
development primarily for housing purposes;
permits limited office development and limited retailing of goods and services
to serve the day-to-day needs of surrounding area residents;
- the subject application will be assessed against the policies and provisions of
the Durham Region Official Plan during the processing of the application;
Information Report No. 08-06
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4.2 Pickering Official Plan
- designates the subject property as Urban Residential Areas - Low Density
Areas within the Dunbarton Neighbourhood;
recognizes that Urban Areas are intended primarily for housing and related
uses and activities;
requires that City Council, through the establishment of performance
standards, restrictions and provisions for this area, also consider the
protection and enhancement in character of the established neighbourhood;
permits residential uses, home occupations, limited offices serving the area,
and limited retailing of goods and services serving the area;
- the property is subject to the Dunbarton Neighbourhood Development &
Design Guidelines;
- the site is located within one of three Detailed Review Areas identified within
the Dunbarton Neighbourhood Boundary;
requires the submission of a vibration impact study, prepared to the
satisfaction of the City in consultation with relevant agencies, for all
development located within 75 metres of a railway right-of-way, and requires
appropriate measures to mitigate any adverse effects from the vibration
identified in such a study;
may require the submission of a retail impact study for retail commercial
development outside the Downtown Core;
- the subject application will be further assessed against the policies and
provisions of the Pickering Official Plan during the processing of the
application;
4.3 Dunbarton Neighbourhood Development & Design Guidelines
requires development to occur in a manner that is appealing, orderly, and
consistent with the character of the neighbourhood;
requires that new development proposals comply with the Dunbarton
Neighbourhood Development and Design Guidelines;
only permits detached dwellings on existing roads;
in the event that City Council approves the applicant's proposal, an
amendment to the Dunbarton Neighbourhood Development & Design
Guidelines is required to allow the development of retail and commercial uses
on existing roads;
4.4 Zoning By-law 3036
- the subject property is zoned "R3" - Detached Dwelling Residential Zone,
which permits detached dwellings only;
- a Zoning By-law Amendment is required to permit the establishment of retail
commercial uses on the property including offices, personal service shops
and retail stores;
Information Report No. 08-06
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5.0 RESUL lS OF CIRCULA liON
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5.1 Resident Comments
residents' comments received to date outlined the following concerns:
(see Attachment #3);
. the increase in overall vehicular traffic volume in the neighbourhood from
the applicant's proposal;
. the potential decrease in the enjoyment of residential properties due to the
increase in noise from the anticipated additional traffic generated of the
proposed retail commercial development;
. the adequacy of parking shown on the applicant's submitted plan;
. pedestrian traffic safety;
5.2 Agency Comments
Veridian Connections
- no objections;
5.3 Staff Comments
in the event that the subject application is approved, Pickering Fire Services
reserve the right to provide comments through the site plan approval process
(see Attachment #4);
- given the context of the subject site, staff is concerned with the overall scale
of the current proposal and considers the applicant's submitted plan to
represent over-development of the property;
based on a preliminary review of the application, the following matters have
been identified by staff for further investigation:
. the compatibility of the current proposal to surrounding existing residential
development;
. the absence of pedestrian connections on the applicant's submitted plan;
. the visual impact the proposed use / site changes may have on the
existing streetscape, the character of the neighbourhood and on adjacent
properties;
. traffic generation, adequacy of parking, landscaping and overall site
design and function;
. the sightlines for motorists entering / exiting on Fairport Road due to the
existence of the eN Rail overpass located to the south of the subject
property;
- staff have encouraged the applicant to scale down the proposal.
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Information Report No. 08-06
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6.0 PROCEDURAL INFORMATION
- written comments regarding this proposal should be directed to the Planning
& Development Department;
- oral comments may be made at the Public Information Meeting;
- all comments received will be noted and used as input in a Planning Report
prepared by the Planning & Development Department for a subsequent
meeting of Councilor a Committee of Council;
- if you wish to reserve the option to appeal Council's decision, you must provide
comments to the City before Council adopts any by-law for this proposal;
- if you wish to be notified of Council's decision regarding this proposal, you
must request such in writing to the City Clerk.
7.0 OTHER INFORMATION
7.1 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;
7.2 Information Received
- full scale copies of the Applicant's Submitted Plan and a Planning Justification
Report prepared by Action Planning Consultants dated March 31, 2006, are
available for viewing at the offices of the City of Pickering Planning &
Development Department;
7.3 Property Principal
- the registered owner of the subject property is 1685279 Ontario Inc.; the
principal is Davis Quayson;
- the authorized agent is Franco Romano of Action Planning Consultants.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Rick Cefaratti
Planner II
Lynda Taylor, MCIP, RPP
Manager, Development Review
RC:ld
J:\REPORTS\INFOR\2006\08-06 - rc A 05-06.doc
Attachments
Copy: Director, Planning & Development
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APPENDIX NO. I TO
INFORMATION REPORT NO. 08-06
COMMENTING RESIDENTS AND LANDOWNERS
(1) Boyd & Nancy Penny, 1062 Dunbarton Road
COMMENTING AGENCIES
(1) Veridian Connections
COMMENTING CITY DEPARTMENTS
(1) Fire Services
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Minutes I Meeting Summary
Statutory Public Information Meeting
Council Chambers
Thursday, June 15, 2006
7:00 pm.
COUNCillORS:
Councillor Brenner - Chair
Councillor McLean
Councillor Dickerson
ALSO PRESENT:
Ross Pym
Rick Cefaratti
Lynda Taylor
Franco Romano
David 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.
Item / Details & Discussion & Conclusion
Ref # (summary of discussion)
1. ZONING BY-lAW AMENDMENT APPLICATION A 05/06
1685279 ONTARIO INC.
1741 FAIRPORT ROAD
(lOT 126, PLAN 1051 NOW RP 40r-23692 PART 1)
CITY OF PICKERING
1. Planner Comments
Rick Cefaratti, Planner II gave an overview of the property location, applicant's
proposal and the City's Official Plan policies pertaining to this site, as outlined in
Information Report No. 08-06.
2. Applicants Comment
The Applicant's representative, Franco Romano, explained that the proposal is for two
commercial use buildings. Previously, the applicant received approval "in principle"
for nine detached residential homes. He further explained that the residential
Page 1
CORP0228-2/02
Item / Details & Discussion & Conclusion
Ref # (summary of discussion)
'7
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proposal might not go forward as CN Rail has appealed the application and the
applicant cannot meet certain safety specifications specified by CN Rail. He also
noted that CN Rail supports the conceptual retail proposal set out in this application.
I The proposed buildings are designed to integrate with the existing residential
I landscape and will include offices, personal service shops and retail stores. The
. applicant encouraged the residents to view the design and provide feedback.
3. Comments from Members of the Public
Sylvia Spencer
771 Sheppard A ve. East
Ms. Spencer stated her objections to this proposal as follows:
. Proposed buildings are too high.
. No Fire Gates proposed.
. More garbage will be generated.
. No solar energy design in the proposal.
. Wants no outdoor patios or live music.
. No noise abatement proposed.
. Too many strip malls already in the area- businesses will not survive (i.e.
Dunbarton Plaza)
Lome Moore
1014 Dunbarton Road
Mr. Moore also had concerns with the height of the proposed buildings. He stated that
this neighbourhood consisted of single family dwellings and the commercial proposal
was not compatible. Additional traffic was also an issue for him and he did not
support access to Dunbarton Road. He stated that traffic was already poor and
difficult to manoeuvre in this area and this proposal would increase the traffic
congestion.
Gail Chow
1811 Fairport Rd.
Ms. Chow supports the idea of quality retail stores, just not in this area. She noted the
ongoing concerns with Fairport Road/ Dunbarton Road traffic congestion and to add
another high density building would only increase the traffic congestion. She further
stated that if eN Rail was concerned with the safety of the children within the previous
draft plan proposal, then why would they approve/support the application for a day
care use within the retail plaza proposal.
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CORP0228-2/02
Item / Details & Discussion & Conclusion
Ref # (summary of discussion)
7
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8c6tt Currie
1738 Aooleview Road
Mr. Currie shared the concerns with the previous speakers and noted that CN Rail
need to clarify their comments relating to the concerns of "life risks". He further stated
that this commercial proposal was not compatible with the residential character of the
area. He was also concerned with poor access and sightlines to the site. Lastly, he
noted that the application had a reference to a 'hotel application', which was definitely
not compatible with the area. Mr. Currie would prefer that the lands remain zoned for
residential uses.
Chris Karkas
905 Dunbarton Road
Mr. Karkas advised that he had height restriction concerns. In addition, he stated that
a commercial building generated much more garbage than a residential area and
putting the two side by side would only create problems.
4. Response from Applicant
The Applicant's representative, Franco Romano, addressed the residents concerns
by stating that the applicant was willing to discuss the fence height and materials at
the site plan stage. He further stated that his client was considering a slanted/peaked
roof design to reflect the residential landscape. He also stated that there are no plans
for outdoor patios in the proposal. He confirmed that the proposed building is only
one storey, with the actual height being dependant on the final design. He further
stated that there would be only one driveway in front of the site, similar to the
residential proposal and similar to residential units in the area, which would facilitate
one car at a time onto Fairport Road. The applicant stated that CN Rail prefers the
commercial proposal to the residential and further discussions/meetings with CN Rail
will take place to discuss the range of uses. He also stated that the waste location on
site can be reviewed to relocate it away from the existing residential, at any rate it will
be enclosed. Lastly, he stated that vibration and marketing studies are not typically
done for this type of commercial project adjacent to residential providing
neighbourhood functions, not affecting downtown uses. Mr. Romano advised that CN
Rail requires a minimal separation distance of 30m to residential buildings; this
requirement affects two thirds of the site and therefore virtually eliminates the
potential for residential development on this site.
5. Staff Response
Rick Cefaratti summarized the questions and concerns by clarifying that the proposed
commercial building was a one storey building. In addition he explained that Staff was
waiting for CN Rail's written comments for this application.
Page 3
CORP0228-2/02
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1062 Dunbarton Rd
Pickering On L 1 V 1 G8
June 3, 2006
Mr. Rick Cefaratti
Planner II
City Of Pickering
One The Esplanade
Pickering ON LIV 6K7
Dear Mr. Cefaratti,
Re: Zoning By-Law Amendment App -A 05/06
Weare residents of the neighbourhood and are adamantly opposed to the proposed
zoning by-law amendment A05/06.
The CNR rail line is a "natural" and logical dividing line between commercial and
residential interests. Encroachment into residential neighbourhood is inappropriate.
To permit the rezoning and allow commercial enterprises reflects negatively on the
reputation of the City. A rezoning decision borders on "deceitful" and misrepresentative
to the families who just recently purchased new home immediately to the east of the
property in question.
Traffic on Fairport and Dunbarton is already excessive. Additional traffic noise decreases
enjoyment of residential property, increases 'noise" and increases safety concerns.
The intersections of both Old Sheppard Rd, where it meets Fairport, and Dunbarton
where it meets Fairport are becoming increasingly dangerous due to increased vehicle
traffic. At rush hours it is difficult to enter Fairport from either Dunbarton or Old
Sheppard. Individuals are forced to nudge into oncoming traffic or accelerate dangerously
across the path of on-coming traffic. This is becoming increasingly dangerous, as more
and more people use Old Sheppard as an alternate route to Kingston Rd (to avoid three
sets oftraffic lights).
The intersection of Old Sheppard and Fairport will become more dangerous as the full
impact of the additional traffic resulting from the new car dealership which also enters
onto Fairport immediately across from Old Sheppard increases, with the full opening and
operation of the car dealerships.
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The proposed retail commercial site will eventually have a retail walk-by pedestrian
clientele. If not initially then eventually. The worse example would be a retail variety
store. Due to its location virtually all pedestrian traffic would have to cross either
Dunbarton or Fairport roads to access it. Current traffic levels require considerable
caution. Increased traffic augments this problem, especially if it eventually becomes a
commercial enterprise attracting children.
Without knowing the specific tenants, parking could also become a problem. A good
example of inadequate parking facilities is the medical clinic on the northeast comer of
Whites Road and Old Sheppard. Clients of the Clinic are required to park on both sides
of the street and extremely close to the intersection/traffic lights. This is both dangerous
and an irritation, to say the least, to the residents of Old Sheppard. It is conceivable and
probably quite likely that street parking will increase, regardless of number of planned
parking spaces. Similarly, this will be both dangerous and a nuisance to our neighbours.
In summary, we believe approval of the rezoning application would be detrimental to the
Dunbarton neighbourhood and its residents.
Please accept this as our request to be notified of any updates with respect to this
application.
Yours sincerely,
Boyd & Nancy Penny
Page 1 of2
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Cefaratti, Rick
From: Wayne Gibson [wgibsonhs@yahoo.ca]
Sent: Monday, June 12, 2006 8:44 PM
To: Mayor Web Email; Brenner, Maurice, Councillor; Ashe, Kevin, Councillor
Subject: Meeting June 15/06 re application of 1685279 Ontario Inc.
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Mayor Ryan, Mr. Brenner and Mr. Ashe:
We are unable to attend Thursday's meeting as we are away on business however we would like you to
take into consideration our objection to the request by 1685279 Ontario Inc. to amend the existing
zoning on the property at 1741 Fairport Road to permit the development of 2 buildings for retail
commercial uses. Our reasons are as follows:
_ the property is currently zoned residential and commercial development of the property would not be
within the current Dunbarton Neighbourhood and its characteristics.
_ commercial uses would significantly increase traffic on Fairport Road particularly the south end of
Fairport which already sees much increased traffic and is already having a very difficult time managing
it. The residents of the area are highly affected by the increase of traffic and safety for all residents is a
very significant consideration.
_ granting such an amendment would create a very dangerous precedent for all other areas of Pickering
where there is vacant land in a residential area and would open the doors to further other development
not within keeping of the current zoning.
_ such a commercial development in this area would become self contained and not a part of the
community and would not enhance the residential area and indeed I believe would be difficult to police
and maintain a safe enviroment.
Gentlemen we on Fairport Road are continually faced by developers who do not wish to develop within
the current guidelines, developers who are fully aware of the zoning and criteria for the area at the time
of the purchase of the property but feel that they can develop as they wish and not as an enhancement of
the community and certainly now within the current zoning. We on Fairport Road are not opposed to
development, to the contrary we have worked with developers to come to an understanding and a plan to
the satisfaction of all. The development of the homes on Fairport have become part of our community
and indeed our neighbours.
I know that each of you have a clear understanding of the challenges faced by the residents of Fairport
Road and I believe you know that the development proposed would not be a benefit to our community.
I respectfully request that you oppose the current application and represent the views of the Fairport
Road community at the meeting.
I look forward to receipt of your response and view on the current application.
Sincerely
Ludy and Wayne Gibson
1748 Fairport Road
Pickering, Ontario L 1 V 1 S8
Phone: 905-839-4187
email: wgibsonhs@yahoo.ca
6/15/2006
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OPERATIONS & EMERGENCY SERVICES DEPARTMENT
MUNICIPAL PROPERTY & ENGINEERING DIVISION
MEMORANDUM
March 29, 2007
To:
Richard W. Holborn
Division Head, Municipal Property & Engineering
From:
Shahid Matloob
Coordinator, Transportation Engineering
Subject:
Traffic Impact Review, 1741 Fairport Road, Proposed Retail Development
File: 0-2400
Please be advised that, I have reviewed the Traffic Impact Study prepared by Mark
Engineering for 1741 Fairport Road proposed retail development.
Although the study shows that the impact of traffic generated by the proposed
deVE oment would not be significant on the surrounding road network, the intersection
of Fa:/"port RGad and Sheppard Avenue is a high accident location.
The majority of the collisions happened on the eastbound approach of the intersection,
which is controlled by a Stop sign and has a significant downgrade. Increased traffic on
Fairport Road may result in longer queues at Sheppard Avenue and further aggravate
the situation during inclement weather conditions.
Therefore, staff recommend that a Steep Hill sign (Wa-21) along with flashing beacon
should be installed for the eastbound vehicles to improve safety at the intersection.
Staff further recommend that as per City of Pickering Sustaninability Policy a solar panel
should be used to energize the flashing beacon.
If you have any questions regarding the above, please do not hesitate to contact me.
S M/ Relail_Development_ 1 741_Fairpon Road_Revisions.doc
Copy: Supervisor, Municipal & Capital Works
Rick Cefaratti, Planner II, Planning & Development
Coordinator, Traffic Operations
The Regional
Municipality
of Durllam
Planning Deportmenl
6D5 ROSSLAND ROAD E
4'" FLOOR
PO BOX 623
WHITBY. ON L 1 N 6A3
(905) 668-7711
Fax: (905) 666-6208
[.mail: planning@
Iegio! I.du rha rn. onca
www.reqiorl.durllarn.on.ca
A.L. Georgieff, MCIP, RPP
Commissioner of Planning
.SlJn'i~c Excellence
Communities
June 28, 2006
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Rick Cefaratti, Planner II
Pickering Civic Complex
One The Esplande
Pickering, Ontario
L 1V 6K7
SENT VIA EMAIL TO:
rcefaratti@city.pickering.on.ca
Mr. Cefaratti:
Re: Zoning Amendment Application A 05/06
Applicant: 1685279 Ontario Limited
Location: 1741 Fairport Road
Municipality: City of Pickering
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
the development of two buildings for retail commercial uses including offices, personal
service shops and retail stores.
Reaional Official Plan
The lands subject to this application are designated "Living Area" in the Durham
Regional Official Plan. Limited office development and limited retailing of goods and
services, in appropriate locations, as components of mixed use developments may be
permitted within Living Areas provided that the functions and characteristics of Central
Areas are not adversely affected.
Provincial Policies & Deleaated Review Responsibilities
This application has been screened in accordance with the terms of the provincial plan
review responsibilities. There are no matters of provincial interest applicable to this
application.
Reaional Services
Municipal water supply and sanitary sewer services are available to the subject property
from existing utilities on Fairport Road. Any unused service connections are to be
disconnected or plugged at the owner's expense. The owner will be required to pay a
sanitary sewer frontage charge.
If you have any questions or require further information, please do not hesitate to
contact me.
,
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Dwayne Campbell, Planner
Current Planning
cc: Peter Castellan, Regional Works Department
onservaoon
~3Yor The Living City
June 8, 2006
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REceIVED
CFN 37347.05
XREF CFN 37328
8Y FAX AND MAIL (fax. 905.420.7648)
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CITY OF PI
PlANNING & DE~~l~~~t~
DEPARTMENT
Rick Cefaratti
City of Pickering
Pickering Civic Centre
One The Esplanade
Pickering, ON L 1V 6K7
Re: Zoning By-Law Amendment No. A 05/06
1741 Fairport Road
City of Pickering
1685279 Ontario Inc.
Thank you for the opportunity to review Drawing A-1 01, Site Plan, prepared by Arsenault
Architect Inc., dated April 2, 2006, received on May 11, 2006 submitted in support of the above
noted Zoning By-law Amendment application. TRCA offers the following comments.
Background
It is our understanding that the application is to amend the existing zoning to permit the
cevelopment of two buildings for retail commercial uses. The property is currently zoned "R3"
Detached Dwelling and subject to Draft Plan of Subdivision S-P-2005-01 under appeal to the
OMF3. The subject property is located on the east side of Fairport Road, north of Sheppard
iwenue in the City of Pickering. No development is proposed as part of this application.
Site-specific Comments
The property is outside of the TRCA's Regulated Area under Ontario Regulation 166/6 and there
are no natural features on or adjacent to the site that may be impacted by the proposed
development. However, due to the downstream erosion problems associated with Amberlea
Creek, the TRCA would like to be circulated any associated Site Plan applications in order to
ensure stormwater quantity, quality and erosion control are adequately addressed for this site.
Please note for future reference that the stormwater management criteria for this site are:
Quantity Control = 2 -100 year post to pre-control; Quality Control = Level 1 ; and Erosion Control
= 25 mm held for 24-48 hours. Please note that the Site Plan provided mayor may not be able
to accommodate these criteria.
TRCA Application Fees
We ~nderstand that the property may have been sold by R & D Investments to 1685279 Ontario
inc., however we require confirmation as to ownership. By copy of this letter, the applicant and
R & 0 Investments are advised that there remains an outstanding application fee of $2,500
owing to the Toronto and Region Conservation Authority by R & D Investments for review of the
Subdivision application. We will be pursuing payment of this fee through all means necessary.
';r1<:; appropriate landowner should therefore forward payment to this office at their earliest
convenience. Please note that comments regarding any associated planning applications for
this site will not be provided until the outstanding fee is paid in full. For further clarification,
please contact me directly.
F:\HOME\PUBLlC\OEVELOPMENT SERVICES\OURHAM REGION\PICKERING\1720 FAIRPORT_2'oOC
5 5horeham Drive, Downsview, Ontario M3N 154 (4161 661-6600 FAX 661-6898 www.trca.on.ca
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Rick Sefaratti
- 2 -
June 8, 2006
Recommendation
In light of the above, TRCA staff have no objections to the Zoning By-law Amendment
application subject to payment of all outstanding TRCA application fees. Please circulate any
associated development applications to the TRCA for review and comment.
We trust this is satisfactory. Please feel free to contact me if you have any questions.
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k::: H'euchert, MCIP, RPP, MRTPI
Sei,ior Piailner
Planning and Development
Extension 5311
cc: Franco Romano, Action Planning Consultants (905.822.0556)
1685279 Ontario Inc. (fax. 416.482.8053)
R & 0 Investments Ltd., 227 Bridgeland Avenue, Toronto, ON M6A 1Y7
Julius DeRyter, PMG Planning (fax. 416.787.0004)
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Cefaratti, Rick
From: Geoff.Woods@cn.ca
Sent: Thursday, June 29, 2006 5:03 PM
To: Cefaratti, Rick
Subject: Proposed Zoning By-law Amendment, File No. A 05/06, 1741 Fairport Road
Rick,
CN has reviewed the above noted application and has the following comments:
1. The Owner must install and maintain at his own expense, a chain link fence of minimum 1.83 metre height
along the mutual property line.
2. Any proposed alterations to the existing drainage pattern affecting Railway property must receive prior
concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway.
In addition, rail noise, vibration and safety should be considered in the design of the development, to the
satisfaction of the municipality. Specifically, CN recommends appropriate building setbacks from the railway right-
of-way, as close to 30 m as is practicable.
We request notice of Council's decision.
Regards,
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Geoft Woods, BES, MCIP, RPP
Manager, Community Planning and Development
CN Business Development & Real Estate
1 Administration Road
Concord ON L4K 1 B9
Tel.: 905-760-5007, Fax: 905-760-5010
Email: geoff.woods@cn.ca
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6/30/2006