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HomeMy WebLinkAboutPD 19-07 CiUI 0# REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PO 19-07 Date: June 4, 2007 ". (') "" 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. 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. C93 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 (',0 ,... '-. v,) 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) ,,>> /'- "', _ ,; d 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 ,/: j..... 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. .1\ ;~f,'~ ..t,) ,:., 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: .'1 r' ,. ..1.. ~.~I '^:t Approved / Endorsed By: /..---., ~ " ,. ) tr ( - .leJ;e... . OJ;Zt.4. .."' Rick efaratti q Planner II Neil Carr Director, , ,~ /1 ItA --V C.l ~f"... Lynda T ylor, MCIP, RP Manager, Development Review RC:jf Attachment Copy: Chief Administrative Officer Recommended for Pickering City Cou consideration of ~ ;' .,! (' ,.., ..:. .,-, J 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 .4J f". ....~ -=- ....i () 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 ,(l , ,... .;;.. ',) ( 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 "r.n ..L Ci ij 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; Ii ,.. ,.. ..L :'t~ (7) (8) (9) (10) (11 ) (12) - 2 - .I1RAFT "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; - 3 - l'/' A rr ,~~tJ"'.Hr ~ .. ~. .~ .l....1} (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 - 4 - rAFT 41 ~ ,# ......1..1. 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; - 5 - ." '~rA"~.'r' ;:~' .:k .'.."'.... j'~~, ,,'~ /,,_, . L (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. .q "t .." .1:. _l/'~ (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 \ ---- \ \ I --', I I I I I -' - \ -- \ \ _....." \ \ I \ I I \ \ \ 40M-2,312 I \ I \ I -- \ \ \ \ I -- \ I \ I \ I I I \ I \ I \ I I I \ \~\O \? r>-~\S : 'j9 I I I 7.7.0 \ I A/J.~~ \ \ I I I \ I I I DUNBAR/ON --- --- --- -- -- -- -- -- --- -- ,,\ \<-. C.\~. -- -- -- .- _I -- --- -_........".... -- -- -- -- I-- I \ I I . -- -- --- l' N SCHEDULE I TO BY-LAW PASSED THIS DAYOF__ MAYOR - DAV CITY CLERK - DEBI A. BENTLEY t ,..', p,CH~.~Ern # TO r;;"(jRl tI PO, ' (1 . 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Cr't-=' 'i,.,: _,1....-.. --.."'...- ~"" .:1.. _l J CitJl c~ 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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U - 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 / l't ",3.;:2",,_10 '? . Page 3 ~ r. "'1 _!. ... J. 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 (: .11 -0'] Page 4 5.0 RESUL lS OF CIRCULA liON ~ r., ..., .!. ;.. t:.. 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. (., Information Report No. 08-06 /9' O} Page 5 " r; ,.., .L :.. oJ 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 I- t- /,:;. a '7 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 ... r, " .t. /.. 'i Ciiq o~ 7 :'? . ( 7 I.. . \<", \, G 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 19 - t'7 <llrn .l.~ ~.. U 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. Page 2 CORP0228-2/02 Item / Details & Discussion & Conclusion Ref # (summary of discussion) 7 /9 '('7 r~ ~" 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 :;! fl ~:.' :~'j '('7 ;; r,'" -!- /... () 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. ('7 '" r, r' wL ,._ \J 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 ? / (/. "7 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. -Iii r, ,......, ..!..vJ 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 /~"('7 '" ".t' .r..Jl. 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 II I? - C'J 4 1"\ ~~ . -; /' 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. , , I . ,~ ;>1.4 /1 .' l/JI"!- f; ~' , /" l ~ / Y~f/'ilj./L./ \ Dwayne Campbell, Planner Current Planning cc: Peter Castellan, Regional Works Department onservaoon ~3Yor The Living City June 8, 2006 Ix /'/,(:7 REceIVED CFN 37347.05 XREF CFN 37328 8Y FAX AND MAIL (fax. 905.420.7648) I'/'f\[ 'j 1. "" . '''1. Iv ' 'r lUOo 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 m.'.OO'"'". ~~~ . FIII"~.~ . /2 / '1: () '7 " ') ,': .!.. .::J ,t 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. ~e~. If u-cLr 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) Page 1 of 1 '" r.. ",' .!..;j ,J /3 /1' 7 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, ########################################## 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 #########################tf1:fftftltftftftft######## 6/30/2006