HomeMy WebLinkAboutPD 29-07
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 29-07
Date: October 1, 2007 5 5
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 3/07
BMC Bayly Park Inc.
1400, 1410 & 1420 Bayly Street
Part of Lots 21 & 22, Concession 1
(Part 1 , 40R-12889)
City of Pickering
Recommendation:
1. That Zoning By-law Amendment Application A 3/07 be approved to broaden the
range of permitted uses for the subject property to include a brew-on-premises
establishment, a convenience store, a financial institution, personal service shop,
professional offices and limited retail stores on lands being Part of Lots 21 & 22,
Concession 1, Part 1 ,40R-12889; and
2. Further, that the zoning by-law to implement Zoning By-law Amendment
Application A 3/07, as set out in Appendix III to Report PO 29-07, be forwarded
to City Council for enactment.
Executive Summary: The applicant requests an amendment to the zoning by-law to
broaden the range of uses permitted on the property to include a brew-on-premises
establishment, convenience store, financial institution, personal service shop,
professional offices, and automotive service garages. The lands are located on the north
side of Bayly Street, immediately east of the Go Station, and within the Brock Industrial
Neighbourhood (see Attachment #1 - Location Map). The applicant is seeking approval
of these uses to expand leasing opportunity and flexibility for the site. The property is
designated Mixed Use Area - Mixed Corridor in the Pickering Official Plan. This
designation permits a greater range of uses than the current mixed industrial-commercial
zoning for the property allows.
The applicant's proposal represents an appropriate interim improvement to the range of
land uses permitted on the subject lands, conforms to the Pickering Official Plan, and will
recognize two existing uses that are not permitted under current zoning (GoGo Sports
and Daisy Mart) (see Attachment #2 - Applicant's Submitted Plan).
The applicant does not propose any physical changes to the existing buildings on the
property. The site was originally designed to support mixed industrial-commercial uses,
and this design has brought various functional limitations to the site. In view of these
limitations it is recommended that specific floor area limitations be applied to retail uses,
that the current limitations on floor area devoted to restaurants be retained and that the
request to permit automotive service garage uses on the property be denied.
Report PO 29-07
Subject: BMC Bayly Park Inc. (A 3/07)
Date: October 1, 2007
Page 2
56
It is recommended that this application be approved, subject to conditions, and that the
draft by-law be forwarded to City Council for enactment.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
Sustainability Implications: The applicant's proposal represents an expansion of
uses on the property that will provide additional local employment opportunities.
Background:
1.0 Application
The applicant proposes to amend the zoning on the lands to permit additional
industrial and commercial uses within the existing buildings. The list below
outlines new uses requested by the applicant:
A) Within all units of the three existing buildings
- All uses permitted by existing -
zoning
- fitness club
indoor garden centre
pet grooming and boarding
- animal hospital
place of worship
religious institutions
day care/nursery
rental establishment
service and repair shop
commercial school/private school
service garage where no auto
body repairs are conducted
merchandise service shop
B) Within units fronting the Go Station and Bayly Street only
all uses requested in "A" above -
retail store
personal service shop
art/antique shop
printing establishment
additional restaurant space
- tanning salon
travel agency
optical shop
- video sales and rental outlet
photo processing studio
mobile phone sales and service
brew-on-premises establishment
- tailor or dressmaking shop
For clarity purposes, several uses requested by the applicant can be condensed
into single definitions. Please refer to Appendix I to this report which provides an
interpretation how the requested uses will be classified under the new definition
structure.
Report PO 29-07
Date: October 1, 2007
Subject: BMC Bayly Park Inc. (A 3/07)
Page 3
57
The initial catalyst for this application was a complaint filed with By-law
Enforcement regarding the "Daisy Mart" convenience store currently operating on
the subject lands. The current zoning for the property does not permit a
convenience store use on the property. By-law Enforcement advised the
applicant to address this non-compliance issue either through the removal of the
convenience store or obtain the necessary approval Council.
2.0 Comments Received
2.1 At the July 23, 2007 Public Information Meeting
(see text of Information Report and Meeting Minutes, Attachments #3 & #4)
. Rob Freeman of Freeman Planning Solutions, authorized agent, provided an
explanation of the application;
. Sylvain Trepanier, resident at 1218 Marcia Cook Place, attended in objection
to the application. Mr. Trepanier questioned the effect of the tax leve~ for this
rezoning on other tenants, and indicated that the applicant should have
submitted the subject rezoning before the existing "Daisy Mart" convenience
store occupied this location.
2.2 Letter of Objection
On July 20, 2007, a letter of objection was received from 2081917 Ontario Ltd,
operator of Sandybeach Convenience Store located at 1477 Bayly Street. The
objection is specific to the requested "Convenience Store" due to traffic and
safety issues on Bayly Street and market saturation for convenience stores in the
neighbourhood (see Attachment #6).
2.2 City Department and Agency Comments
Region of Durham
Planning Department
No matters of provincial interest are applicable to
this application;
Municipal water supply and sanitary sewer
services are available to the subject property;
Mixed use developments are permitted provided
that the functions and characteristics of Central
Area are not adversely affected;
(see Attachment #7);
Pickering Fire Services
Internal roadways (fire routes) serving 1400 &
1410 Bayly Street are designed for one-way
traffic only;
(see Attachment #8);
Report PD 29-07
Subject: BMC Bayly Park Inc. (A 3/07)
Date: October 1, 2007
Page 4
I " I.
5 ~unicipal Property &
'Engineering Division
No significant additional trips will be generated
as the new usage will replace the existing
business in the plaza;
(see Attachment #9);
Veridian Connections
Existing service may be inadequate;
- Applicant should contact Veridian should zoning
change affect supply requirements;
(see Attachment #10);
No other agency that provided any comments has any objection to the subject
applications.
3.0 Discussion
3.1 Use and Compatibility
3.1.1 The proposed uses complv with the Durham Reoional Official Plan
The Region of Durham Official Plan designates the subject property Urban Area -
Main Central Area which promotes urban activities and permits a wide range of
office, service, and shopping related uses. The applicant's proposal conforms to
the Region of Durham Official Plan.
The subject property is designated Mixed Use Area - Mixed Corridor in the
Pickering Official Plan. This designation permits retailing of goods and services on
a scale which serves the needs of a broader area, offices, restaurants, community
and cultural uses. Approval of the zoning by-law amendment to permit the
requested uses would implement the Mixed Use Area - Mixed Corridor policies of
the City's Official Plan.
3.1.2 The proposed additional uses provide the prospect for oreater flexibilitv of land
uses on site while the Urban Growth Centre Boundary is determined and future
development opportunities are explored
The provincial government recently established a Growth Plan under the Places
to Grow Act, 2005. The Growth Plan, prepared under the Places to Grow Act,
provides growth management policy direction for the Greater Golden Horseshoe
area of Ontario, which includes Pickering. The legislation affects how the City of
Pickering will manage issues pertaining to transportation, infrastructure and land
use planning, urban form, housing and others. The Ministry of Public
Infrastructure Renewal, in conjunction with the City of Pickering, is currently in
the process of determining the approximate size and location of the Urban
Growth Centre boundary for the municipality. Urban Growth Centres are focal
areas for investment in institutional and region-wide public services, commercial,
recreational, cultural and entertainment uses. They will serve as high density
major employment centres that will accommodate a significant share of
population and employment growth and support major transit infrastructure.
Report PO 29-07
Subject: BMC Bayly Park Inc. (A 3/07)
Date: October 1, 2007
Page 5
59
Although the final Urban Growth Centre boundary for Pickering has not yet been
determined, it is anticipated that the subject property will be located within the
boundary of Pickering's Urban Growth Centre.
It is further anticipated this site and surrounding properties will undergo significant
redevelopment in the future. The property owner has expressed an interest to
redevelop this site in the future. The applicant's request to broaden the range of
permitted uses on the property is required to provide greater leasing flexibility and
to help maintain the economic viability of the site until redevelopment is feasible.
Additional uses will assist the leasing opportunities through the transition period
between today and the time for redevelopment. There are currently a significant
number of vacancies within the industrial commercial complex.
Staff will be reviewing this site and the surrounding area through the downtown
intensification study. It is our intent to review the area and implement new land
uses through a City initiated rezoning of the lands. The additional uses requested
represent an incremental step between the existing zoning, the current Official
Plan designation and future Official Plan policies.
3.1.3 Maximum floor area and location of retail uses to be limited. additional restaurant
floor space not supported
The existing site was developed and built between the period of 1982 and 1983
as an industrial complex under the combined Restricted Light Industrial and
Associated Industrial Facilities land use designations under Brock Industrial Area
policies of the Pickering District Plan in effect at the time. The Mixed Use Area -
Mixed Corridor designation became applicable to the site in 1997 with approval
of the Official Plan.
It is recommended that, due to the orientation of the existing buildings, site
functioning and operational characteristics of the site as built for
industrial-commercial, that all retail uses on the property be limited to those units
fronting the Go Station and Bayly Street and that additional restaurant floor
space not be added through this application. The existing zoning for the property
permits a maximum aggregate gross leasable floor area of 1500 square metres
for restaurant uses. One restaurant currently exists on the property: "Irish
Times". This restaurant occupies approximately 400 square metres of floor area.
Given the above noted site constraints and the significant amount of additional
vacant floor area available for restaurant uses (approximately 1100 square
metres), the current combined floor area limit for restaurants is adequate for this
property.
Report PD 29-07
Subject: BMC Bayly Park Inc. (A 3/07)
Date: October 1, 2007
Page 6
60
It is recommended that the aggregate floor area for all permitted retail store uses
be limited to a maximum of 2500 square metres. Since the property is located
outside of the Downtown Core, the applicant would be required to submit a retail
impact study which demonstrates that additional floor space for retailing of goods
and services beyond 2500 square metres does not affect the viability of other
lands designated for retailing of goods and services such as the Pickering Town
Centre shopping complex.
3.1.4 Automotive Service Garaqes Not Supported
Due to the manner in which service garages tend to function, with parking
spaces occupied with vehicles waiting to be serviced and often significant
outdoor storage, and the potential to negatively impact other uses due to noise
and operational characteristics, automotive service garages are not considered
to be a compatible use on this site. Automotive Centres are available for this
type of use. Service garages do not support a transition to higher order uses for
this property when we are supporting a transition to higher order uses for this
property.
3.2 Text Amendments to Zoning By-law 2511
It is recommended that the zone requirements for the proposed development be
regulated by way of text amendments to the "MC-5" - Industrial Commercial
Zone and the "M1-6" - Storage & Light Manufacturing Zone, By-law 2511, as
amended by By-law 2188/86 (see Attachment #5), to broaden the range of
permitted uses on the property uses on the property. '
The recommended conditions of approval for the implementing Zoning By-law
are described in Appendix II to this Report.
4.0 Applicant's Comments:
The applicant is aware of the content in this Report and does not support the
Planning & Development Department staff recommendation to retain the current
limitations on floor area devoted to restaurants.
APPENDICIES:
Appendix I: Interpretation of Requested Uses
Appendix II: Recommended Conditions of Approval
Appendix III: Draft Text Amendment to By-law 2511
Report PD 29-07
Subject: BMC Bayly Park Inc. (A 3/07)
Date: October 1, 2007
Page 7
61
Attachments:
1. Location Map
2. Applicant's Submitted Plan
3. Text of Information Report
4. Minutes from July 23, 2007 Statutory Public Meeting
5. Copy of Zoning By-law 2188/86
6. Letter of Objection from 2081917 Ontario Ltd.
7. Agency Comments - Region of Durham Planning Department
8. City Department Comments - Fire Services
9. City Department Comments - Municipal Property & Engineering Division
10. Agency Comments - Veridian Connections
Prepared By:
Approved / Endorsed By:
~~
Rick Cefar i .
Planner II
RC:ld
Attachments
Copy: Chief Administrative Officer
Recommended fo
Pickering Ci~ C cil
,
,.1
62
APPENDIX I TO
REPORT PO 29-07
Interpretation of Various Requested Uses
Requested uses:
Indoor garden centre
- Art or antique shop
- Optical Shop
- Mobile phone sales and service
- Video Sales and Rental Outlet
Interpretation:
- Retail Store
- Tanning Salon
- Tailor or Dressmaking Shop
Personal Service Shop
- Travel Agency
- Business Office (a currently
permitted use)
- Animal Hospital! Veterinary Clinic
- Professional Office (a currently
permitted use)
APPENDIX II TO 6 3
REPORT PD 29-07
Recommended Conditions of Approval for Implementing Zoning By-law
Zoning By-law Amendment Application A 2/07
1. That the implementing zoning by-law:
a) add the following as permitted uses on the property:
Within all the units of the three existing buildings
- all uses permitted by Zoning -
By-law 2188/86
- fitness club
- pet grooming and boarding
- place of worship
- religious institutions
brew-on-premises establishment
- day care/nursery
- rental establishment
- commercial school/private school
Within units fronting the Go Station and Bayly Street only
- all above-noted uses
retail store
- personal service shop
- photo processing studio
- printing establishment
b) that the maximum gross leasable area devoted to retail stores be
limited to a maximum of 2500 square metres.
I I" 6 4
DRAFT BY-LAW
APPENDIX III TO
REPORT PD 29-07
ZONING BY -LAW AMENDMENT APPLICATION A 3/07
THE CORPORATION OF THE CITY OF
BY-LAW NOof\
Being a By-law to amend Restricted Area (Zoning) By-law 2511, as
amended qy By-law 2188/86, to implement the Official Plan of the City of
Pickering, Region of Durham, on Part of lot 21 & 22, Concession 1, (Part 1
& Part 2, 40R-6033 & Part 1, 40R-12889), in the City of Pickering. (A 3/07)
65
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
broaden the range of retail commercial uses in lot 21 & 22, Concession 1, (Part 1 & Part 2,
40R-6033 & Part 1, 40R-12889), in the City of Pickering;
AND WHEREAS a further amendment to By-law 2511, as amended by By-law 2188/86, is
therefore deemed necessary;
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
1. TEXT AMENDMENTS
1. By-law 2188/86 is hereby amended as follows:
(1) Section 4. Definitions, is hereby amended by adding in new definitions and
renumbering all of the definitions in this Section so that the definitions are in
alphabetical order as follows:
(a) That a new definition be added after Subsection (2) as follows:
"Brew-on-Premises Establishment" shall mean a building or part of a
building where persons can make and package beer, wine or other
spirits for their personal consumption off the premises only, and may
include the sale of raw material ingredients and related equipment to
such persons;
(b) That 2 new definitions be added after Subsection (5) as follows:
"Convenience Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessities are
kept for retail sale primarily to residents of, or persons employed in,
the immediate neighbourhood;
"Day 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;
- 2-
That a new definition be added after Subsection (8) as follows:
"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 may include a
sauna;
(d) That a new definition be added after Subsection (14) as follows:
"Pet Groominq and Soardinq Facility" shall mean a building or part of
a building where grooming services are provided to domestic pets,
may include accessory retail sales of associated products and may
provide short term boarding accommodation on the premises;
(e) That a new definition be added after Subsection (15) as follows:
"Place of Worship" shall mean a building or part of a building
dedicated to religious worship and may include a church, synagogue,
temple or assembly hall along with accessory office space and
nursery facilities, but shall not include a day nursery, day care centre
or nursery school;
"Printinq Establishment" shall mean an establishment used for
blueprinting, engraving, electro-typing, photocopying, plotting from
disk, printing, stereotyping or typesetting;
(f) That a new definition be added after Subsection (19) as follows:
"Rental Establishment" shall mean a building or part of a building in
which goods, wares, merchandise, substances, articles or things are
offered or kept for offer for rent directly to the public, but does not
include the rental of motor vehicles, and does not include a video
store;
(2) Section 5 Provisions is amended by repealing and replacing subclause (1) (a)
with the following:
(1) (a) Uses Permitted ("M1-6" Zone)
No person shall within the lands designated M1-6 on Schedule "I"
hereto, uses any lot or erect, alter or use any building or structure for
any purpose except one or more of the following uses:
(i) assembly hall
(ii) bakery
(iii) brew-on-premises establishment
(iv) business office
(v) commercial club
(vi) commercial-recreational establishment
f.('U)
, ~~~.)
P., ~ (i~)'
Ify.l' (x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
- 3-
67
commercial school
day nursery
dry cleaning establishment
dry cleaning depot, subject to the provisions of Section 5 (1)(c)(iii)
financial institution
food preparation plant
light manufacturing plant
merchandise service shop
personal service shop, subject to the provisions of Section 5
(1)( c)(i),(iii)
(xvi) pet grooming and boarding facility
(xvii). place of worship
(xviii) private club
(xix) professional office
(xx) public club
(xxi) rental establishment
(xxii) restaurant type A, subject to the provisions of Section 5 (1)(c)(ii), (iii)
(xxiii) retail store, subject to the provisions of Section 5 (1 )(c)(v)
(xxiv) sales outlet, subject to the provisions of Section 5 (1)(c)(iv)
(xxv) scientific, research or medical laboratory
(xxvi) transportation support store, subject to Section 5 (1 )(c)(i), (iii)
(xxvii) warehouse
(3) Section 5 (b) Additional Uses Permitted is hereby repealed
(4) Section 5 Special Reaulations is hereby amended by repealing and
replacing subclause (5) (1)(c) (iv) with the following:
(iv) A sales outlet shall be permitted only if it is accessory to a food
preparation plant, a light manufacturing plant, a merchandise service
shop, a rental establishment, or a warehouse, and the gross leasable
floor area of the sales outlet does not exceed 20 percent of the gross
leasable floor area of the food preparation plant, light manufacturing
plant, merchandise service shop, rental establishment, or warehouse.
(5) Section 5 Special Reaulations is hereby amended by adding the following to
subclause (5) (1)(c):
(v) A retail store shall be permitted only within the hatched area shown
on Schedule I attached hereto, and provided that the maximum
combined gross leasable floor area for retail stores on lands zoned
"M1-6" and "MC-5" does not exceed 2500 square metres.
(6) Section 5 Provisions is amended by repealing and replacing subclause (2) (a)
with the following:
(2) (a) Uses Permitted ("MC-5" Zone)
-4-
68
t person shall within the lands designated "MC-5" on Schedule "I"
6. ~ reto, uses any lot or erect, alter or use any building or structure for
t1 ~.;~ y purpose except one or more of the following uses:
t1{l~ (i) assembly hall
V (ii) bakery
(iii) brew-on-premises establishment
(iv) business office
(v) commercial club
(vi) commercial-recreational establishment
(vii) commercial school
(viii) day nursery
(ix) dry cleaning establishment
(x) dry cleaning depot, subject to the provisions of Section 5 (2)(b)(i)
(xi) financial institution
(xii) food preparation plant
(xiii) light manufacturing plant
(xiv) merchandise service shop
(xv) personal service shop
(xvi) pet grooming and boarding facility
(xvii) place of worship
(xviii) printing establishment
(xix) private club
(xx) professional office
(xxi) public club
(xxii) rental establishment
(xxiii) restaurant type A, subject to the provisions of Section 5 (2)(b )(ii)
(xxiv) retail store, subject to the provisions of Section 5 (2)(b )(iv)
(xxv) sales outlet, subject to the provisions of Section 5 (2)(b )(ii)
(xxvi) scientific, research or medical laboratory
(xxvii) transportation support store
(xxviii) warehouse
(7) Section 5 Special ReQulations is hereby amended by adding the following to
subclause (5) (2)(b):
(iv) The maximum combined gross leasable floor area for retail stores on
lands zoned "M 1-6" and "MC-5" shall not exceed 2500 square metres.
2. BY-LAW 2511
By-law 2511, as amended by By-law 2188/86, 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 to By-law 2188/86. Definitions and subject matters
not specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 2511, as amended.
- 5 -
69
3. 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 this - i~f _,2007.
Q~~
David Ryan, Mayor
Debi A. Bentley, City Clerk
i " I.
70
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PROPERTY DESCRIPTION PT LT 21 & 22, CONCESSION 1, PART 1 & 2, 40R.6033 & PART 1, 40R.12889
OWNER BMC BAYLY PARK INC. DATE JUNE 18,2007 DRAWN BY JB
FILE No. A 03/07 SCALE 1 :5000 CHECKED BY RC
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ATlACHMENT II '1. TO
REPORT /I PO l q - 07
INFORMATION COMPILED FROM
APPLICANT'S SUBMITTED PLAN
A 03/07 -
BMC BAYLY PARK INC.
71
TO EXPAND ON THE PERMITTED
USES TO INCLUDE RETAIL AND
COMMERCIAL USES
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT
DEPARTMENT, INFORMATION AND SUPPORT SERVICES SECTION, SEPT 14, 2007,
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REFOH T Ii PD_k9..:Q~1__~_.-,
72
CUlf o~
INFORMATION REPORT NO. 05-07
FOR PUBLIC INFORMATION MEETING OF
July 23,2007
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT:
Zoning Amendment Application A 3/07
BMC Bayly Park Inc.
1400,1410 & 1420 Bayly Street
Part of Lot 21 & 22, Concession 1
(Parts 1 & 2, 40R-6033 & Part 1, 40R-12889)
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
_ the property is located on the north side of Bayly Street, east of Liverpool Road
and west of Sandy Beach Road;
- a property location map is provided for reference (see Attachment #1);
_ three, multi-tenant one-storey buildings exist on the property, all fronting
Bayly Street in a north-to-south orientation;
_ the site is surrounded by the Canadian National Railway (CN) to the north, a
GO Train station/parking facility to the west, and the Krosno Creek to the east;
_ the broader surrounding area is comprised of a mix of limited retail, service
and repair shops, warehousing, trucking and manufacturing as well as
residential on the south side of Bayly Street.
2.0 APPLICANT'S PROPOSAL
_ the applicant has requested to expand the permitted uses for all three
buildings on the subject lands to include:
- fitness club
- indoor garden centre
- pet grooming and boarding
- animal hospital/ veterinary clinic
place of worship
religious institutions
- day care / nursery
rental establishment
- service and repair shop
- commercial/ private school
- service garage
Information Report No. 05-07
AITACHMErrr 11 -3 TO
nFJ'ORT tf PD__ 2.'1-67
-----~__o_,~.""'-,.~
Page 2
73
in addition to the above-noted uses, the applicant also requests that the
following uses be permitted within units in all three buildings that front on to
Bayly as well as the units within the most westerly building facing the
GO Train station:
retail store
personal service shop
art or antique shop
printing I copying establishment
additional restaurant floor area
tanning salon
mobile phone sales and service
establishment
electronic and video sales and
rental outlet
- travel agency
optical shop
photo processing I photo studio
brew-on-premises establishment
- tailor or dressmaking shop
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Reaional Official Plan
- the Durham Region Official Plan designates the subject lands as Urban Area
- Main Central Area;
- establishes that the designated Main Central Areas shall be used as the main
concentration of urban activities within area municipalities;
- permits a wide range of office, service, shopping, recreational and residential
uses;
- the proposed uses appear to conform to the Durham Region Official Plan,
however, the subject application will be assessed against the policies and the
provisions of the this Plan during the further processing of the application;
3.2 Pickerina Official Plan
- the Pickering Official Plan designates the subject lands as Mixed Use Area -
Mixed Corridors within the Bay Ridges Neighbourhood;
permissible uses within this designation include the retailing of goods and
services serving the needs of a broader area, offices, restaurants, community,
cultural and recreation uses;
- the applicant's proposal will be assessed against the policies and the
provisions of the Pickering Official Plan during the further processing of the
application;
. . Information Report No. 05-07
, II . 7 4
., 3
:~.~=".~3~~Ql...
Page 3
3.3 Zonina By-law 2511
_ the subject lands are currently dual zoned "M1-6" - Storage and Light
Manufacturing Zone, and "MC-5" - Manufacturing and Commercial Zone by
By-law 2511, as amended by By-law 2188/86 (see Attachment #2);
_ the permitted uses on the portion of the property zoned "M 1-6" includes
business and professional offices, dry cleaning establishments, financial
institutions, light manufacturing, scientific, research or medical laboratories,
and warehousing;
_ the permitted uses on the portion of the property zoned "MC-5" includes all of
the uses mentioned above, but also includes assembly halls, bakeries,
service shops, clubs, commercial recreational establishments and
restaurants, subject restrictions;
_ a zoning by-law amendment is required to implement the applicant's
proposed uses on the property;
_ the applicant has requested that the permitted uses for the subject property
be expanded to include limited retail, service other more specific commercial
uses.
4.0 RESULTS OF CIRCULATION
4.1 Resident Comments
no objections or concerns received to date;
4.2 Aaency Comments
no comments received to date;
4.3 Staff Comments
_ in reviewing the application to date, the following matters have been identified
by staff for further review and consideration:
. reviewing the application in terms of its level of sustainable development
components;
. reviewing the proposed uses in terms of compatibility with the existing
development on the property, and with the surrounding lands;
. reviewing the adequacy and location of on-site parking to support the
proposed uses;
. reviewing the proposed development to ensure that adequate information
is provided, that technical requirements are met and that the proposed site
design / functioning is appropriate for the proposed uses;
. what uses may be added to this site while maintaining the intent of the
current Official Plan designation;
Information Report No. 05-07
- ""-Z?.CI.--.'. "=....0.....:. ...7....... ... .....
'::>()PI .f PG,.,... ...J ,. ','" ,~~...~~
Page 4
75
. whether any floor area limitations may be required for the additional uses
proposed by the applicant;
- the Planning & Development Department will conclude its position on the
application and its design after it has received and assessed comments from
the circulated departments, agencies and public.
5.0 PROCEDURAL INFORMATION
this application has been deemed complete in accordance with the Planning Act,
- written comments regarding this proposal should be directed to the
Planning & Development Department;
- oral comments may be made at the Public Information Meeting;
- all comments received will be noted and used as input in a Planning Report
prepared by the Planning & Development Department for a subsequent
meeting of Council and/or a Committee of Council;
if you wish to be notified of Council's decision regarding either the proposed
zoning by-law amendment application, you must request such in writing to the
City Clerk;
if you wish to reserve the option to appeal a decision of the City of Pickering,
you must provide oral comments at the public meeting, or written comments
to the City before Council adopts for this proposal any zoning by-law
amendment;
if a person or public body does not make oral submissions at the public
meeting or make written submissions to the City of Pickering before the
by-law is passed, such persons or public bodies are not entitled to appeal the
decision of Council to the Ontario Municipal Board, may not be entitled to be
added as a party to the hearing unless, in the opinion of the board, there are
reasonable grounds to do so.
6.0 OTHER INFORMATION
6.1 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;
6.2 Information Received
- full scale copies of the Applicant's submitted plans are available for viewing at
the offices of the City of Pickering Planning & Development Department;
the City of Pickering has not received any technical information / reports on
the proposed application;
- the need for additional information will be determined through the review and
circulation of the applicant's current proposal;
Information Report No. 05-07
76
"';)-C:::V:ENT #, . . 3 '1"1":
!'HflJ if PD_,:_ 2A-:C;7
Page 5
6.3 Company Principal
_ the owner of the subject property is BMC Bayly Park Inc., and the property is
managed by Martin Brown of Concordian Management Inc.;
- the authorized agent is Rob Freeman of Freeman Planning Solutions Inc.
ORIGINAL SIGNED BY
.---
ORIGINAL SIONED BY
Rick Cefaratti
Planner II
..
Lynda Taylor, MCIP, RPP
Manager, Development Review
RC:ld
Attachments
Copy: Director, Planning & Development
3 7"t'j
b=1~9 1______ _ .
APPENDIX NO. I TO
INFORMATION REPORT NO. 05-07
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date
COMMENTING AGENCIES
(1) none received to date
COMMENTING CITY DEPARTMENTS
(1) none received to date
77
78
ii",.
'-i,...'\)
.'b/:1~,:e7~......" Excerpts from the
Council Meeting Minutes
Monday, July 23, 2007
7:30 PM
Council Chambers
(I) ADOPTION OF MINUTES
Moved by Councillor Johnson
Seconded by Councillor Dickerson
Council Meeting Minutes June 18, 2007
In Camera Council Meeting Minutes June 18 and 25, 2007
(III) COMMITTEE REPORTS
a) REPORT PO 2007-04 OF THE PLANNING & DEVELOPMENT COMMITTEE
A question and answer period ensued.
4. INFORMATION REPORT NO. 05-07
SUBJECT: Zoning Amendment Application A 03/07
BMC Bayly Park Inc.
1400, 1410 & 1420 Bayly Street
Part of Lot 21 & 22, Concession 1
(Parts 1 & 2, 40R-6033, Part 1, 40R-12889)
City of Pickerina
A public information meeting was held under the Planning Act, for the purpose of
informing the public with respect to an application submitted by BMC Bayly Park
Inc. for property municipally known as 1400, 1410 & 1420 Bayly Street.
Ross Pym, Principal Planner - Development Review gave an outline of the
requirements for a Statutory Meeting under the Planning Act. He noted that if a
person or public body does not make oral or written submissions to the City
before a by-law is passed that person or public body are not entitled to appeal
the decision of City Council to the Ontario Municipal Board, and may not be
entitled to be added as a party to the hearing unless, in the opinion of the Board,
there are reasonable grounds to do so.
Rick Cefaratti, Planner provided a brief overview of zoning amendment
application A 03/07.
Rob Freeman, Planning Consultant for the owner, appeared before Council and
outlined the reason for the application. Mr. Freeman noted that they would be
taking a look at the parking to make sure it conforms to the new uses if approved.
1
yl
t.L__,;to> Excerpts from the
,,'bt1.:.f21___., Council Meeting Minutes 7 9
'l:::~'Ofrf ); Pf::,
Monday, July 23,2007
7:30 PM
Council Chambers
Sylvain Trepanier, 1218 Marica Cook Place, appeared before Council in
opposition to the application. Mr. Trepanier stated that he felt the rezoning was
being completed for one tenant and questioned what this would do to the tax
level for the other tenants. He noted that the applicant should have applied for
the rezoning before allowing the tenant to occupy the space, not move in and
then seek compliance.
2
'80
5
2Ct':'O'7
-.,..,..,,,.,,"',...-.,...,..,',"""'....,"""""'-,,,""-",,,.,,,..,,.---.......
THE CORPORAT I ON OP THE TOWN OP PI CKERIN1 R r;'c :...: 1'/ E D
BY-LAW HUMBER 2188/86 ' l;)lSa8
T'"",'" .-;; r :~. "NG
"'.~.~ 'I' ~ ~~?^QH.'.~NT
- -" ....------
Being a By-law to amend Restricted Area (Zoning)
By-law 2511, as amended, to implement the Official
Plan of the Town of Pickering District Planning
Area, Region of Durham, Part of Lots 21 and 22,
Concession 1, in the Town of Pickering.
(A 13/85; OPA B5-14/P)
WHEREAS the Codncil of the Corporation of the Town of Pickering
deems it desirable to permit the development on the subject lands
of associated industrial facilities, in add~tion to certain
commercial GO-Transit related facilities and restricted light
industrial uses;
AND WHEREAS an.amendment to By-law 2511, as amended, is therefore
deemed necessary;
NOW THERE~ORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF. PICKERING
HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE "I"
Schedule "I" attached hereto with notations and references
shown thereon is hereby declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in
Part of Lots 21 and 22, Concession 1, Pickering, designated
"M1-6" and "MC-5" on Schedule "I" attached hereto.
,. GEHERAL 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. DEPINITIONS
In this By-law,
(1)
"Assembly Hall" shall mean a building or part of a building
in which facilities are provided for purposes such as civic,
educational, political, religious or social meetings and may
include an auditorium or a banquet hall, but shall not incluQE
a place of amusement or entertainment as defined herein;
(2)
"Bakery" shall mean a building or part of a building where .
baked food products are prepared and offered for retail sale,
and which may include incidental baking;
continued...
. r::::. '((:.
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81
(3)
~Busi~ess Office" shall mean.a bu~lding or part of a building
1n wh7cn the ~anagement or dlrectlon of a business, a public
or prlvate agency, a brokerage or a labour or fraternal
org~nization is carried on and which may include a telegraph
~fflce,.a data proce~sing establishment, a newspaper publish-
1ng off1~e, the pre~l~es of a real es~ate or insurance agent,
or a.rad1o or televlslon broadcasting station and related
stud10S or theatres; but shall not include a retail store;
"Commercial Club" shall mean an athletic, recreational or
social club operated for gain or profit and having public or
private membership;
(4 )
(5)
"Commercial-Recreational Establishment" shall mean a
commercial establishment in which indoor recreational
facilities such as bowling alleys, miniature golf courses,
roller skating ririks, squash courts, swimming pools and
other similar indoor recreational ~acilities are provided
and operated for gain or profit, and may include an arena
or stadium but shall not include a place of auusement or
entertainment as defined herein;
(6 )
"Drl Cleaning Depot" shall cean a building or part of a .
bU1lding used for the purpose of receiving articles, goods,
or fabrics to be subjected to dry cleaning and related
process as elsewhere, and of distributing articles, goods
or fabrics which have been subjected to any such processes;
"Dry Cleaning Establishment" shall mean a building or part
of a building used for dry cleaning and related processes,
but does not include a laundromat;
(7)
(8)
"Financial Institution" shall mean a building or part of
a building in which money is deposited, kept, lent or
exchanged;
(9) (a), "Floor Area" shall mean the aggregate of the floor areas
of all s~oreys above or below establishefr grade, but
shall exclude the floor area of any parts of the building
used for mechanical equipment, stairwells, elevators, and
and part of the building below established grade other
than that used for retail commercial or office purposes;
"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;
(10) "Food Preparation Plant" shall mean a building or part of a
building in which processed food products are cooked, baked,
mixed, packaged or otherwise prepared for distribution to
retail or institutional outlets;
(b)
(11) "Light Manufacturing Plant" shall mean a manufacturing plant
used for:
(a) the production of apparel and finished textile products
other than the production of synthetic fibres;
(b) printing or duplicating;
(c) the manufacture of finished paper other than the
processing of wood pulp;
continued...
82
(d) the production of cosmetics, drugs and other
pharmaceutical supplies; or
(e) the manufacture of finished lumber products, light metal
products, electronic products, ~lasticware, pcrc~lain,
earthenware, glassware or similar articles, including
but not necessarily re.stricted to furni ture, housewares,
toys, musical instruments,jewellery, watches, precision
instruments, radios and electronic components; .
(12) (a) "Lot" shall mean an area of land fronting on a street
wnich is used or intended to be used as the site of a
building, or a group of buildings, as the case may be,
together with any accessory buildings or structures, or a
public park or open space area, regardless of whether or
not such lot constitutes the whole of a lot or block on a
registered plan of subdivision;
(b) "Lot Coverage" shall mean the percentage of lot area
covered by all buildings on the lot;
(c) "Lot Frontage" shall mean the width of a lot betweeri the
side lot lines measured along a line parallel to arid 7.5
metres distant from the front lot line;
(13) "Merchandise Service Shop" shall mean an establishm~nt where
articles or goods including, but not necessarily limited to
business machines, appliances, furniture or similar items,
are repaired or serviced, and includes the regular place of
business of a master electrician or master plumber, but
shall not include a manufacturing plant, any establishment
used for the service or repair of motorized vehicles, or a
retail store other than a sales outlet;
(14) "Personal Service Snop" shall mean an establishment where
a personal service is performed and may include a barber
shop, a beauty salon, a shoe repair shop, a tailor or
dressmaking shop or a photographic studio, but shall not
include a body-rub parlour as defined in The Municipal Act,
R.S.O. 1980, Chapter 302, as amended from time to time, or'
any successor thereto;
(15) "Place of Amusement or Entertainment" shall mean a building
or part of a building in which facilities are provided for
amusement or entertainment purposes, and may include a
billiard or pool room, a dance hall, a music hall, a pin-
ball arcade, or a theatr~;
(16) "Private Club" shall mean an athletic, recreational or
social club not operated for gain or proiit and having
private membership;
(17) "Professional Office" shall mean a building or vart of a
building ill whicn medical, legal. or other l'rofessional
service is performed or consultation given, and which may
include a clinic, the offices of an architect, a chartered
accountant, an engineer, a lawyer or a physician, but shall
not include a body-rub parlour as defined in The Municipal
Act, H.S.O. 1980, Cha~ter 302, as amended from time to time,
or any successor thereto;
(18) "Public Club" shall mean an athletic, recreational or social
. club not operated for gain or profit and having public
membership;
continued...
5
2.9.tP 1
83
(19) "Re~~~urant, Ty~e A",shall mean a building or part of a
bU1L~lng wnere !ooa 1S ~repare~ and offered or kept for
reta1l sale to the publlC for l~mediate consumption on
the premises or off the premises, or both on and off the
premises;
(20) "li.etail Store" shall mean a building or part of a building
in whicn goods, wares, cerchandise, foods, substances,
articles or things are stored, kept and offered for retail
sale to the public, but does not include any establishment
otherwise defined herein;
(21) "Sales Outlet" shall mean a building or part of a building
accessory to a manufacturing plant, a merchandise service
shop, a food preparation plant or a warehouse, wherein
products manufactured, produced, processed, stored, serviced
or repaired on tne premises are kept or displayed for rent
or for wholesale or retail sale, or wherein orders are
taken for future delivery of such products;
(22) "Scientific, Research or Medical Laborator " shall mean .
a building or part of a ul1ding wherein scientific, research
or medical experiments or investigations are systematically.
conducted, and where drugs, chemicals, glassware or other
substances or articles pertinent to such experiments or
investigations ~lay be manufactured or otherwise prepared for
use on the premises;
(23) "Transportation ~upport ~tore" shall mean a retail store in
which food, drugs, periodicals or similar itecs of day-to-day
household necessity are kept for retail sale primarily to
patrons of a public passenger transportation facility and
persons employed in the industrial area;
(24) "Warehouse" shall mean a building or part of a building
which is used primarily for the housing, storage, adapting
for sale, packaging, or wholesale distribution of goods,
wares, merchandise, food-stuffs, substances, articles or
things, and includes the premises of a warehouseman but
shall not include a fuel storage tank except as an
accessory use;
'(25) (a) "Yard" shall mean an area of land which is appurtenant
to and located on the same lot as a building or stTucture
and is open, uncovered and unoccupied above ground except
for such accessory buildings, structures, or other uses as
are specifically permitted thereon;
(b) "Front Yard" shall mean a yard extending across the full
width of a lot between the front lot line of the lot and
the nearest wall of the nearest main building or structure
on the lot;
(c) "Front Yard Depth" shall mean the shortest horizontal
dimension of a front yard of a lot betwee~ the front lot
line~nd the nearest wall of the nearest main building
or structure o~ the lot;
(ei) "Rear Yard" shall mean a yard extending acrosS the fu~-
width of a lot between the rear lot line of the lot, ~.
where there is no rear lot line, the junction point of the
side lot lines, and the nearest wall of.the nearest cain
building or structure on the lot;
(e) "Rear Yard Depth" shall mean the shortest horizontal
dimension of a rear yard of a lot between the rear lot
line or, where there is no rear lot line, the junction
point of the side lot lines, and the nearest wall of the
. nearest main building or structure on the lot;
.".5...".-...j
8 4 5 -. ~~t~.e7.
(f) "Side Yard" shall mean a yard of a lot extending from
the front yard to the rear yard and from the side lot
line to the nearest wall of the the nearest main building
or structure on the lot;
(g) "Side Yard Width" shall mean the short~st horizontal
dimension 01' a side yard of a lot between the side lot
line and the nearest wall of the nearest main building
or structure on the lot;
(h) "Flank~ge Side Yard" shall mean a side yard immediately
adjoining a street or abutting on a reserve on the
opp6site side of which is a street;
(i) "Interior Side Yard" shall mean a side yard other than a
flankage side yard.
5. PROVISIONS
(1). (a) Uses Permitted ("M1-6" Zone)
No person shall within the lands designated "M1-6"
on Schedule "I" attached hereto use any lot or
erect, alter or use any building or structu~e for
any purpose except the following:
(i) business office
(ii) dry cleaning establishment
(iii) financial institution
(iv) food preparation plant
(v) light manufacturing plant
(vi) professional office
(vii) scientific, research or medical laboratory
(viii) warehouse.
(b) Additional Uses Permitted ("Ml-6" Zone)'
Where the lands immediately adjacent to the westerly
boundary of the lands designated "MI-6" on Schedule
"I" attached hereto are being used as a public
passenger transportation facility, the purposes
excepted from the prohibition set out in Section
5(1)(a) above shall be deemed to include the
following:
(i) dry cleanin~ de~ot, subject to the provisions of
Section 5(1)(c)liii) and (tv);
(ii) personal service shop and transportation suppo~t
store, subject to the ~rovisions of Section
5 ( 1 ) ( c) ( i), (i i i) and t i v); and
(iii) restaurant, type A, subject to the provisions
of Section 5(1)(c)(ii), (iii) and (iv).
(c) Special Regulations ("Ml-6" Zone)
(i) The gross leasable floor area of a transporta-
tionsupport store or a personal service shop
shall not exceed 465 square cetres;
(ii) The aggregate of the gross leasable floor areas
of all restaurants, type A shall not exceed 500
square metres;
continued...
5-c
H 1 CJ-07
'0;' '- "'''''~''''''-''''''''~'''._-. ~-
85
(iii) The 6ross leasable floor area of all transport-
ation support.stores, dry cleaning depots,
personal serVlce shops and restaurants tYDe A
shall not exceed 1600 square metres; , -
(iv) A dry cleaning depot, personal service shop,
restaurant, type A and a transportation support
store shall be permitted only on the lands
hatched on Schedule "I" attached hereto.
(2) (a) Uses Permitted ("MC-5" Zone)
No person shall within the lands designated "MC-5" on
Schedule "I" attached hereto use any lot or erect,
alter or use any building or structure for any purpose
except the following:
(i) assembly hall
( ii) bakery
(iii) business office
(iv) commercial club
(v) commercial-recreational establishment
(vi)" dry cleanin~ depot, subject to the provisions of
Section 5(2)(b)(i)
(vii) dry Cleaning establishment
(viii) financial institution
(ix) food preparation plant
(x) light manufacturing plant
(xi) merchandise service shop
(xii) private club
(xiii) professional affice
(xiv) public club
(xv) restaurant, ty. ~e A, subject to the provisions of
Section 5(2)(b)(ii)
(xvi) sales outlet, subject to the provisions of Section
5(2)(b)(iii)
(xvii) scientific, research or medical laboratory
(xviii) warehouse
(b) Special Regulations ("MC-5" Zone)
(i) A dry cleaning depot shall be permitted only if it is
accessory to a dry cleaning establishment and the
gross leasable floor area of the dry cleaning depot
does not exceed 20% of the gross leasable floor area
of the dry cleaning establishment;
(ii) The gross leasable floor area of a restaurant,
type A shall not exceed 500 square metres, and the
aggregate of the gross leasable floor areas of all
restaurants, type A shall not exceed 1500 square
metres; .
(iii) A sales outlet shall be permitted only if it is
accessory to a food preparation plant, a light
manufacturing plant, a merchandise service shop, or a
warehouse, and the gross leasable floor area of the
sales outlet does not exceed 20~ of the gross
leasable floor area of the food preparation plant,
light manufacturing plant, merchandise service shop
or warehouse.
continued. ..
i II .
86
5.._-
2ci~c:>7
7
(3) Zoning Requirements ("MI-6" and "MC-5" Zones)
No person shall within the lands designated "Ml-6"
and "MC-5" on Schedule "I" attached hereto, use any
lot or erect, alter or use any building except in
accordance with the following provisions:
(a) LOT AREA (minimum):
(b) LOT FRONTAGE (minimum):
(c) FRONT YARD DEPTH (minimum):
0.4 hectares
30 metres
30 metres
4.5 metres
7.5 metres
50 percent
12 metres
( d) SIDE YARD WIDTH (clinimum) :
(e) REAR YARD DEPTH (mi l!imum) :
( f) LOT COVERAGE (maximum):
( g) BUILDING HBIGHT (maximum) :
(h) OPEN STORAGE:
no open storage
shall be permitted
in any yard -
(4) Parking Requirements ("MI-6" and "MC-5" Zones)
There shall be provided and maintained on each lot
comprising the lands designated "Ml-6" and "MC-5" on
Schedule "I" attached h~reto a minimum of 437 parking
spaces.
6. BY-LAV 2511
(1) By-law 2511, as amended, is hereby further amended only to
the ~xtent necessary to give effect to the provisions of
this By-law.as it applies to the area set out. in Schedule
"I" attached hereto.
(2) Definitions and subject matters not specifically dealt with
in this By-law shall be governed by the relevant provlSlons
of By-law 2511, as amended, with the exception of subsection
5.21.2b) which shall not apply to the area set out in
Schedule "I" attached hereto.
(3) By-law 1808/84 amending By-law 2511 is hereby repealed.
7 . EN'PORCEMEHT
(1) Any person who contravenes any of the provisions of this
By-law is guilty of an offence and on conviction is liable,
(a) on a first conviction to a fine of not more than $20,000;
and
(b) on a subsequent conviction to a fine of not more than
$10,000 for each day or part thereof upon which the
contravention has continued after the day on which he w~s
first convicted.
(2) Where a corporation is convicted under subsection (1), the
maximum penalty that may be imposed is,
(a) on a first conviction a fine of not ~ore-ihan $50,000; -and
continued...
,6
29 -C?7
8
87
(b) on a subsequent conviction a fine of not more than
$25,000 for eacn day or part thereof upon which the
contravention has been continued after the day on which
the corporation was first convicted.
and not as provided in subsection (1).
(3) Where a conviction is entered under subsection (1), in
addition to any other remedy or penalty by law, the court.
in which the conviction has been entered, and any court ot
competent jurisdiction thereafter, may make an order
prohibiting the ~ontinuation or repetition of the offence by
the person convicted.
8. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof
subject to the approval of the Ontario Municipal Boar~, if
required.
READ A FIRST AND SECOND TIME THIS 5th DAY OF
May
, 1986.
READ A THIRD TIME AND PASSED THIS 5th DAY OF
May
, 1986.
/'~
. ;- L ~. :._::f.~f/ <..~
/ NlfYOR - ~
JOHN E. ANDERSON
L7 ., c~,
.... --...t:.,. 4.A. /'
/Cr.Effi(. .
BRUCE J. TAYLOR
/
88
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BAYLY STREET
BUILDINGS SHOWN FOR INFORMATION PURPOSES ONLY
SCHEDULE 'I' TO BY- LAW 2188/86
PASSED THIS 5th
DAY OF May 1986
. ~~'
. I. ,.- /
. ~ ~ '- p /;.t.L/t{ '(.{V'-
~AYO~ (J"E~'Anderson) ,// .
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2081917 Ontario Ltd. a/A
SANDYBEACH Milk Convenience store
1477 Bayly street Pickering ON.
L1V 3R5
July 16 2007
City of Pickering
Planning and Development Department
Pickering Civic Complex
One the Esplanade
Pickering ON.
L1 V 6K7
RE: Proposed Additional uses 1400/1410/1420 Bayly Street
BMC Bayly Park Inc
89
REceIVED
.11 1'- 2 0 2007
CITY OF PIC
PLANNING & DEVJ1&til~G
DEPARTMENT T
Dear Madam/Sir
Weare operating Convenience store at 1477 Bayly Street.
We oppose the application for the use of Convenience store for the subject land.
We are concerned about the safety of children and residents from heavy traffic
on Bayly Street. There are no residents at the subject land side. The residential area
and 2 schools are located across Bayly Street from the subject land. The children and
residents have to cross the street in order to go to the convenience store where heavy
traffic exists, especially after school. According to municipality of Durham Region, a
total of 31 collisions have occurred on Bayly Street in between Liverpool and Sandy
Beach Road between 2003 August and 2006. 18 collisions out of the total resulted in
:;erious injury.
It is needless to say convenience stores create a large amount of traffic and
brings many children customers. The Cleaner and Tile & Carpet, located at the next
unit to the Daisy Mart convenience store had to put up 4 sign posts each for securing
their customers parking in front of their Unit a few months ago because of the traffic
that comes with a convenience store, which could explain how the parking lot is
constantly busy
(0
bc:l-q-7
90
There are 8 convemence stores within lkm from the subject land which is
already too much convenience stores for this area. After laws regarding cigarette
regulations in the government of Ontario and increase of cigarette tax, convenience
business has been suffering. There is no reason to bring another convenience store
within this area, which will cause a lot of serious problems.
Please reject this application. It would be much appreciated if could inform us of your
decision.
Yours truly,
The Regional
Municipality
of Durham
Planning Department
605 ROSSLAND ROAD E
4TH FLOOR
P.O. BOX 623
WHITBY, ON L 1 N 6A3
''105) 668-7711
x (905) 666-6208
E-mail: planning@
region.durham.on.ca
AnAGHME~!l' /1-._..7. . T(l
BEPOR1 f! PD._..~ 2.~i~iz~._._..._
91
July 30, 2007
Rick Cefaratti, Planner II
Planning and Development Department
City of Pickering
One The Esplanade
Pickering, Ontario
L 1V 6K7
Sent via email to:
rcefaratti@citv. pickerina. on. ca
Mr. Cefaratti:
Re: Zoning Amendment Application A03/07
Applicant: BMC Bayly Park Incorporated
Location: 1400, 1410, 1420 Brock Street
Part of Lots 21 & 22, Concession
Municipality: City of Pickering
www.region.durham.on.ca We have reviewed this application to amend the zoning of the subject
A.L. Georgleff, MCIP, RPP property. The purpose of the application is to permit limited retail and
Commissioner of Planning commercial uses in addition to the uses permitted within the existing
buildings. The following comments are offered.
';SerVlce Excellence
forOu(..gQ(fIl'lwnities"
Reoional Official Plan
The lands subject to this application are designated "Living Area" in the
Durham Regional Official Plan. "Living areas" are predominantly for
housing purposes. Limited office development and limited retailing of
goods and services, in appropriate locations, as components of mixed
use developments, are permitted provided that the functions and
characteristics of Central Areas are not adversely affected. The proposal
may be permitted by the policies of the Regional Official Plan.
Reoional Services
Municipal water supply and sanitary sewer services are available to the
subject property,
Provincial Policies & Deleoated 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.
92
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Please contact me should you have any questions or require any
additional information.
a~W\~MVl
Dwayne Campbell, Planner
Current Planning
Cc (via email):
Regional Works Department - Pete Castellan
8
29-07
93
Operations & Emergency Services Department
Fire Services Division
Memorandum
September 14, 2007
To:
Rick Cefaratti,
Planner 11
From:
Rex Heath
Fire Prevention Officer
Re:
Zoning By-law Amendment Application A 03/07
BMC Bayly Park Inc.
Northeast corner of Fairport Road at Welrus Street
City of Pickering
The Pickering Fire Service has reviewed the applicant's proposal and forwards
the following comments.
It may be useful to inform the applicant that the internal roadways (fire routes)
serving 1400 and 1410 Bayly Street are designed for one-way traffic only.
Rex Heath
Fire Prevention Officer
Pickering Fire Services
Cefaratti, Rick
94
q
20[-0/
From:
Sent:
To:
Subject:
Matloob, Shahid
Thursday, September 13, 20072:52 PM
Cefaratti, Rick
RE: Zoning By-law Amendment Application A 03/07
Further to our discussion with respect to the Zoning By-law Amendment Application A 03/07 submitted by the BMC
Bayly Park Inc. information regarding additional peak hours vehicle and pedestrian trips is not required at this time.
Our understanding is that no significant additional trips will be generated as the new usage will replace the existing
business in the Plaza.
Shahid Matloob
-----Original Message-----
From: Matloob, Shahid
Sent: September 7,20073:19 PM
To: Cefaratti, Rick
Cc: Selsky, Darrell; Booker, Scott; HOlborn, Richard
Subject: Zoning By-law Amendment Application A 03/07
Rick,
Further to our discussion with respect to the Zoning By-law Amendment Application A 03/07 submitted by the BMC
Bayly Park Inc. information regarding additional peak hours vehicle and pedestrian trips generated due to the
proposed uses is required to review the proposed application.
Shahid Matloob, MSc, P.Eng., P.E., PTOE
Coordinator, Transportation Engineering
City of Pickering
Municipal Property & Engineering Division
Operations & Emergency Services Department
Direct Dial: 905.420.4660 ext 2043
Toll Free: 1.866.683.2760
Fax: 905.420.4650
www.cityofpickering.com
Please consider your environmental responsibility - think before you print! www.sustainablepickering.com
1
10
2..'1-07
95
~
VERIDIAN
cONNECTIONS
DEVELOPMENT APPLICATION REVIEW
PROJECT NAME:
BMC Bayly Park Inc.
CEIVED
MUNICIPALITY:
Pickt:nng
JUl2
ADDRESS/PLAN:
1400,1410 &. 1420 Bllyly Street
REF NO,;
II. 03/07
SUBMISSION DATE:
June 27. Z007
1. Tht: (:}cisting sexvice to this b~ildillg may be: inadc.qulItl;;. Details Il;;gllxding OJ. service upgraf.le c~n be obrwed
from 01.11: offices.
2. Ol'her:
Should electric:,' ~ervicing needs change as a result of this Ilpplicatic)n, early c:olll:llct with V l;;cidian Tech~uclll
Reprcscnralive will be e~sellti"l in avoiding sel."Vicing conflkL
Technical Representative:: Ken Gallen
'l't:lephonc: E.'([, 3262
It
PP / df
F;\~lrli~~dl\l)<::v<::lc)I\tl1Cl1t Al'pliClltinn Rcvi~,,,,\I'icke,jnll'2(1l)7\fiMC ~ayl~ Pack [nc. . 1400, 1410 & 1420 ~ayly Sttcct.Ul.>C
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
I .! .
Report Number: PO 30-07
Date: October 1, 2007
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 2/07
Doumouras Properties Ltd.
1010 Brock Road
Part of Lot 19, Concession 1
(Part 1, 40R-21855)
City of Pickering
Recommendation:
1. That Zoning By-law Amendment Application A 2/07 be approved to amend the
permitted uses for the subject property to include a financial institution, convenience
store, personal service shop, professional office and limited sales outlets, on lands
being Part of Lot 19, Concession 1, Part 1, 40R-21855; and
2. Further, that the zoning by-law to implement Zoning By-law Amendment
Application A 2/07, as set out in Appendix II to Report PO 30-07, be forwarded to
City Council for enactment.
Executive Summary: The applicant requests an amendment to the zoning by-law
to permit a broader range of uses by adding business office, financial institution,
personal service shop, professional office, retail store, and sales outlets as permitted
uses on the lands, located at the northwest corner of Brock Road at Bayly Street, within
the Brock Industrial Neighbourhood (see Attachment #1 - Location Map).
Official Plan policies for the Mixed Employment designation applicable to this property
permit a greater range of uses than the current "CA2 (S)" - Commercial Automotive
Specific zoning allows. Appropriate uses for inclusion in the zoning by-law should be
determined considering the operational character, site location, and limited available
parking (see Attachment #2 - Applicant's Submitted Plan). Recommended additional
uses for the lands included a financial institution, convenience store, limited personal
service shops, professional offices and limited sales outlets. These uses are generally
compatible and appropriate for the subject lands and conform to the Pickering Official
Plan. A unlimited retail store use is not recommended.
It is recommended that this application be approved, subject to restrictions on the
percentage of floor area associated with sales outlets, and that the draft by-law be
forwarded to City Council for enactment.