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HomeMy WebLinkAboutPD 39-08 Cit'l (1~ REPORT TO PLANNING & DEVELOPMENT COMMITTEE 2 Report Number: PD 39-08 Date: October 6,2008 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 11/07 Dalar Properties Limited. 1050 Squires Beach Road (Part of Lot 32 & Part of Block C, Plan M 1040) City of Pickering Recommendation: That Zoning By-law Amendment Application A 11/07 submitted by Dalar Properties Limited, on lands being Part of Lot 32 & Part of Block C, Plan M 1040, City of Pickering, to amend the zoning of the subject property to add commercial recreational uses including a gymnastics facility, a dance studio, karate club and a soccer club, in addition to the currently permitted industrial uses be refused. Executive Summary: The applicant proposes to rezone the subject property, located on the northwest corner of Squires Beach Road and McKay Road to permit the establishment of commercial recreational uses, including a gymnastics facility, a dance studio, karate club and a soccer club, in addition to the currently permitted industrial uses (yard storage and heavy manufacturing). The applicant proposes to utilize the existing building, subject to site and building alterations/conversions to accommodate the requested commercial recreational uses. The Region is delegated review responsibility for compliance with Provincial Policy (matters of provincial interest applicable to the application) and has advised that the applicant's proposal does not comply with the Ministry of the Environment (MaE) Guideline D-2-Compatibility Between Sewage Treatment and Sensitive Land Uses recommended separation distance for residential or other sensitive land uses adjacent to sewage treatment facilities. The Region does not support the proposed commercial recreational uses at 1050 Squires Beach Road as this property is located within the recommended separation distance of the MOE Guideline D-2. In view of the Region's position on this matter, the proposed land use change is considered inappropriate for this location and it is recommended that the application be refused. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Report PO 39-08 October 6,2008 Subject: Dalar Properties Limited (A 11/07) Page 2 i ~) Sustainability Implications: The applicant's proposal is aligned with the principle of adaptive reuse of buildings and utilization of existing buildings for additional purposes. Re-use of the site also takes advantage of existing infrastructure and retains an existing business within the City. However, as the proposed use is considered a sensitive land use under the MOE Guidelines and is within 150 metres of the Duffin Creek Water Pollution Control Plant (WPCP), approval of the requested rezoning would not contribute to a healthy environment or represent responsible development. Background: 1.0 Introduction The owner of the property, Dalar Properties Limited proposes to develop the subject lands, located on the northwest corner of Squires Beach Road and McKay Road, to permit the establishment of commercial recreational uses, including a gymnastics facility, a dance studio, karate club and a soccer club, in addition to the currently permitted industrial uses (yard storage and heavy manufacturing, (see Location Map Attachment #1). The property currently supports an industrial building. The applicant proposes to utilize the existing building, subject to site and building alterations/conversions to accommodate the requested commercial recreational uses (see Applicant's Submitted Plan, Attachment #2) 2.0 Comments Received 2.1 At the January 7, 2008 Public Information Meeting No public comments were received at the Public Information Meeting (see text of Information Report and Meeting Minutes, Attachments #4 & #5). Report PO 39-08 October 6,2008 Subject: Dalar Properties Limited (A 11/07) 4 Page 3 2.2 Agency Comments Region of Durham a Phase II Environmental Site Assessment (ESA) was undertaken as a means of addressing the subsurface and ground water conditions on the site for environmental impact associated with a previous manufacturing facility; - the Phase II ESA indicates that the potential for significant contamination is considered low; - the ESA recommends environmental management be undertaken for the removal of a spill containment UST (Underground Storage Tank) and a hydraulic lift as well as the removal of all remaining drums of chemicals on the site; - a reliance letter and record of site condition is required; municipal water supply and sanitary sewer services are available to the subject property (see Attachment #6); - the proposed recreational uses are within the recommended separation distance requirements of the MOE Guideline D-2-Compatibiltiy Between Sewage Treatment and Sensitive Land Uses; - the Region does not support the proposed uses at 1050 Squires Beach Road (see Attachment #7); 3.0 Discussion 3.1 The proposed recreational use does not comply with the MOE Guideline D-2-Compatibiltiy between Sewage Treatment and Sensitive Land Uses The existing zoning for the subject property permits yard storage and heavy manufacturing uses. The applicant intends to convert the existing building to accommodate a gymnastics facility, a dance studio, karate club and a soccer club, in addition to the currently permitted industrial uses. The Region is delegated review responsibility to indentify matters of provincial interest. Report PD 39-08 October 6,2008 Subject: Dalar Properties Limited (A 11/07) Page 4 ) The subject property is situated within the recommended separation distance of the MOE Guideline D-2 pertaining to Sewage Treatment and Sensitive Land Uses. The proposed uses are considered to be a sensitive receptor due to the public congregation nature of a gymnastics facility. Consequently such uses should not be permitted to locate within 150 metres of the Water Pollution Control Plant (see Attachment #3) The proposed uses may be sensitive to objectionable noise and/or odours from the WPCP, and it is not appropriate to locate these new land uses within this area. Further, if complaints occurred from the users of the recreational facility the MOE may find the WPCP to be out of compliance with the Environmental Protection Act. The change in zoning to add the requested uses increases the potential for future problems for both the recreational users and for the WPCP. The Region has advised that it does not support the application due to the property's location adjacent to the WPCP and has also requested that the City consider an Official Plan Policy to address land uses in this area of the City. This request will be considered through the City's review of its Official Plan. 3.2 Site Alterations would be required to accommodate the use if it was permitted If the property was not located within the MOE 150 meter radius of the WPCP and complied with the MOE Guideline, several site function issues would need to be addressed to accommodate the proposed recreational uses. The site would need to be redesigned to separate recreational use traffic from manufacturing/industrial traffic. Several site plan revisions would be required to address safety and site functioning issues including lighting, parking location and number of spaces, on site traffic, fencing, improved front yard landscaping, grading and stormwater management and building alterations. Despite requests to the owner for conceptual site designs to address the functioning of the site, to date, staff have not received any drawings for review. 3.3 An Order To Comply has been issued for the building construction and change of use The building on the subject site was converted to a gymnastics facility without City approvals. On January 23, 2008 an Order to Comply, for construction and change of use of a building without a permit, was issued by the City. Since the Order has not been complied with, the City is pursuing legal action. Report PD 39-08 October 6, 2008 Subject: Dalar Properties Limited (A 11/07) , I, I ,1 6 Page 5 4.0 Applicant's Comments The applicant is aware of the contents of this report. Attachments: 1 . Location Map 2, Applicant's Conceptual Site Plan 3, 150 m Radius Map / WPCP 4. Text of Information Report No, 02-08 5. Minutes from January 7,2008 Statutory Public Information Meeting 6. Agency Comment - Region of Durham Planning Department - Jan. 8/08 7. Agency Comment - Region of Durham Planning Department - Feb. 20/08 Prepared By: Approved/Endorsed By: ~~^ ,."..'-'- 'j ,f/// /-~/" ---- /J c/r Y;lCJ;~ {" t^- . Lynda Tayl r, MCIP, RPP Manager, Development eview L T: cs Copy: Chief Administrative Officer Recommended for the consideration of Pickering City ~~ncil / "....-L,,_TO ., q ,)1 . . ,;>,.,,..;:,..Q..-,,,._,.,. '7 0 <( 0 n:: w Z I 0 U J1 I <( n:: w w iD CL CL VJ 0 W u n:: ::J a VJ CLEME N S ROAD CLEMENTS ROAD L.= I ci z 0 0 <( 0 n:: I u L5 iD \ ~ C.N.R. VJ w n:: ~ :::J a (J1 ~ McKAY ROAD I '--- r McKAY ROAD SUBJECT ~ PROPERTY ~ '> City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN Ml040, PT LOT 32,PT BLK C RP 40R.l0559 PART 5,6 l' OWNER DALAR PROPERTIES LTD. DATE NOV. 30, 2007 DRAWN BY JB FILE No. A 011/07 SCALE 1 :5000 CHECKED BY RC l@oi-~r:~~{CE~~~HP,..j5el! Inc. o.nd it::t supplion,. All rights ROl'lervl'ld. Not 0 pion of survey. PN-4 2005 MPAC and its supplIers. All rights Regerved. Not 0 pion of Survey. , I q ~" D" , . -,-"-" '.r--- ',"- " ' ,", ',' ; ._Ipk'> ::P1c.~:t...IIL__~ r..".f...l..:t<; 1 E 1 <XlI (.) J wl I l~.._ , I "\ -I. '/'., "r\ ) "~I . l' 't, INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN A 011/07 - DALAR PROPERTIES LTD. I _.~.___._J......L..-.............-.-,__.---------<---+,-~__._~ r..... ~.7.7T -. ;'7,,'-A"-k:..kth..- j/n< < ..... ............ . . . {~_n .,,' /- -- /' _' . . ,f.' ~LLL ~..--I i/....-. ','T <"" l . ,.~~_ "'T';,_ F:l:~~-u' ~~' ".L, _ ,." ~.'1"-;:::t,.....~'..I, 115.3m McKAY ROAD TO AMEND THE ZONING TO ADD COMMERCIAL RECREATIONAL USES, INCLUDING A GYMANSTICS FACILITY, A DANCE STUDIO, A KARATE CLUB, AND A SOCCER CLUB AS PERMITTED USES, ~ THiS M^P W^S PRODUCED BY THE CITY OF PICI(ERING PL^NNING & DEVELOPMENT DEPARTMENT, PLANNING INFor1MATION SERViCES DIVISION M^PPING ,\ND DESIGN, SEPT. 17,2007. M",PH!1RSON COURT Water Pollution Control Plant ;::lAD MONTGOMERY ~ CO'N~ . C:::J ~~/ ~// / LA,!{E ONTAf<!O Citv of Pickerin Z;.~ (fj~ -f! ~ l!~ ~~i!J ,.,.,...~ .,..:"c.:..:t ;-,,,,1< 2~ ~ ~q&: :{i . ' 6 \ ~ ~:.'..J.;CJ.. -Q. , o J~, Plannina & DeveloDment DeDartment Legend ~ Subject Property 150 metre offset of Water Pollution Control Plant Teranet Enterpris.:s Inc. ~.nd it~ ,~uppUers, All rights Reserved. Not a plan of survey DATE: FEB. 8. 2008 .~ ~ ISCALE: 1: 1 0,000 I PN-4 I j '1 i/ -" c ':::. (- OK , ,..... :') ;J CiUI o~ INFORMATION REPORT NO. 02-08 FOR PUBLIC INFORMATION MEETING OF January 7, 2008 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning Amendment Application A 11/07 Dalar Properties Limited 1050 Squires Beach Road Part of Lot 32 & Part of Block C, Plan M-1040 (Part 5 & 6, 40R-10559) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is located on the northwest corner of Squires Beach Road and McKay Road (see Attachment #1 - Location Map); a one-storey industrial warehouse building currently exists on the property; the property is surrounded by a mix of warehousing, trucking and manufacturing uses to the north, south, east and west. 2.0 APPLICANT'S PROPOSAL the applicant has requested to amend the existing zoning to permit the establishment of commercial recreational uses on the subject property including a gymnastics facility, dance studio, karate club and soccer club; - the proposal would utilize the existing building, subject to minor alterations / conversions to accommodate the requested uses; - the applicant's submitted plan is provided for reference (see Attachment #2). Information Report No. 02-08 j C{'_ /: 'P' .~ L_ Page 2 ; 1 :~ I 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Re~ional Official Plan designates the subject lands as Urban Area - Employment Area; establishes that designated Employment Areas shall be used for manufacturing, assembly and processing of goods, service industries, research and development facilities, warehousing, business parks; the subject application will be assessed against the policies and the provisions of the Durham Region Official Plan during the further processing of the application; 3.2 Pickerin~ Official Plan designates the subject lands as Employment Area - General Employment within the Brock Industrial Neighbourhood; permits manufacturing, assembly, research and development, warehousing, storage of goods and materials, offices as a minor component to an industrial operation, limited personal service uses serving the area, retail sales as a minor component to an industrial operation (i.e. sales outlets); also permits community, cultural and recreational uses with similar performance characteristics that are more appropriately located within the Employment Area; 3.3 Compendium Document to the Official Plan there are no current development guidelines specific to the Brock Industrial Neighbourhood; 3.4 Zonin~ By-law the subject lands are zoned "M2S" Yard Storage and Manufacturing Zone by By-law 2511, as amended by By-laws 61/74 and 4824/86; 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 commercial recreational uses such as a gymnastics facility, dance studio, karate club and soccer club. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments no objections or concerns received to date; t./ " I 3 C(-,["t. Information Report No. 02-08 ) ') {) ~ Page 3 4.2 Agency Comments Toronto and Region Conservation Authority no objections (see Attachment #3); 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 development in terms of compatibility with, and sensitivity to, surrounding lands; · reviewing the adequacy and location of on-site parking to support commercial recreational uses on the property · reviewing the driveway/internal road pattern to ensure appropriate vehicle flow; · reviewing the proposal to ensure that adequate information is provided, that technical requirements are met and that the proposed site design is appropriate and pedestrian friendly for the requested additional uses; 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 INFORMA liON 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. Information Report No. 02-08 .y '.' 3 '1- C b Page 4 ,><: 'Z J -,J 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 plan are available for viewing at the offices of the City of Pickering Planning & Development Department; - the City of Pickering Planning & Development Department received a Phase 2 Environmental Site Assessment with the Zoning Amendment Application; - the need for additional information will be determined through the review and circulation of the applicant's current proposal. 6.3 Company Principal - the owner of the subject property is Dalar Properties Limited.; - the applicant and company principal is Dennis Large. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Rick Cefaratti Planner II Lynda Taylor, MCIP, RPP Manager, Development Review RC:jf Attachments Copy: Director, Planning & Development Ii ! '1 ....( "\'" _Y'( - c C '.) 4 ' ; APPENDIX NO. I TO INFORMATION REPORT NO. 02-08 COMMENTING RESIDENTS AND LANDOWNERS (1 ) none received COMMENTING AGENCIES (1) Toronto and Region Conservation Authority, December 7, 2007 COMMENTING CITY DEPARTMENTS (1 ) none received ~ :../f () '8 Excerpts from Planning & Development Committee Meeting Minutes .', 5 Monday, January 7, 2008 7:30 pm - Council Chambers Chair: Councillor Pickles (II) PART 'A' - PLANNING INFORMATION MEETING 2. Information Report No. 02-08 Zoning By-law Amendment Application A 11/07 Dalar Properties Limited 1050 Squires Beach Road Part of Lot 32 & Part of Block C, Plan M-1040 (Part 5 & 6, 40R-1 0559) City of Pickerinq A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to an application submitted by Dalar Properties Limited for property municipally known as 1050 Squires Beach Road. Lynda Taylor, Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also 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 II, gave an overview of zoning amendment application A 11/07. No members of the public in attendance at the public information meeting spoke in support or opposition to application A 11/07. 2 The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E 4'H FLOOR PO BOX 623 WHITBY, ON L1N 6A3 'Cl05) 668-7711 JX: (905) 666-6208 E-mail: planning@ region.durham .on ca www.regiondurham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning "Service Excellence for our Communities" { ,- b "/"- C~ ,:,: \. January 8, 2008 Rick Cefaratti, Planner II Planning and Development Department City of Pickering One The Esplanade Pickering, Ontario L 1V 6K7 Sent. via email to: reefaratti@eitV.pickerinq.on.ea Mr. Cefaratti: Re: Zoning Amendment Application A11/07 Applicant: Dalar Properties Limited Location: 1050 Squires Beach Road Municipality: City of Pickering We have reviewed this application to amend the zoning on the above noted property. The following comments are offered for your consideration. The purpose of the application is to permit commercial recreational uses on the subject property including a gymnastics facility, dance studio, karate club and soccer club. Reqional Official Plan The lands subject to this application are designated "Employment Area" in the Durham Regional Official Plan. The examples of permitted uses in the Employment Area policies of the Regional Official Plan illustrate the range of activities permitted. Specific uses, such as those proposed, may be defined in the area municipal zoning by-law. Provincial Policies & Deleqated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. A Phase II Environmental Site Assessment (ESA), prepared by AMEC Limited, was undertaken as a means of addressing the subsurface and ground water conditions on the subject property for environmental impact associated with a previous manufacturing facility. The Phase II ESA indicates that the potential for significant contamination on the subject lands is considered low. The report recommends environmental management be undertaken for the removal of a spill containment UST and hydraulic lift as well as the removal of all remaining drums of chemicals on site. An agreement c ,"' ~ cf- :,7 between the applicant and the City of Pickering should contain the necessary provisions to ensure the implementation of the recommendations in the report. As per Regional policy, a reliance letter and a Record of Site Condition prepared and submitted in accordance with Ontario Regulation 153/04 should be submitted for all development applications that have undergone a Phase II ESA. A holding symbol is encouraged to be used in conjunction with the required zone category and not removed until such time as the Region's requirements including; the submission of a reliance agreement letter and a Record of Site Condition has been completed to the satisfaction of the Region. Reqional Services Municipal water supply and sanitary sewer services are available to the subject property. Please contact me should you have any questions or require any additional information regarding this matter. a~W\~hNl Dwayne Campbell, Project Planner Current Planning Copy (via email): Regional Works Department - Pete Castellan The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E 4"' FLOOR PO BOX 623 WHITBY,ON L1N6A3 '(05) 668-7711 JX: (905) 666-6208 E-mail: planning@ region.durham.on.ca www.region.durham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning "Service Excellence for our Communities" ~~ \.., -"I ( . /) '.....1. _ ! 'y / v lJ February 20, 2008 Rick Cefaratti, Planner II Planning and Development Department City of Pickering One The Esplanade Pickering, Ontario L 1 V 6 K7 Sent via email to: rcefaratti@citV.pickerinq.on.ca Mr. Cefaratti: Re: Zoning Amendment Application A09/07 and A 11/07 Location: 1050 and1100 Squires Beach Road Municipality: City of Pickering Further to our comments of January 8, 2008 for the two above-noted zoning amendment applications, the Regional Works Department has provided additional comments as the subject properties are within the vicinity of the Duffin Creek Water Pollution Control Plant (WPCP). The Works Department has indicated that the Ministry of the Environment (MaE) Guideline 0-2 - Compatibilitv Between Sewaqe Treatment and Sensitive Land Uses provides recommended separation distances for all development or redevelopment applications for residential or other sensitive land uses adjacent to sewage treatment facilities. The proposed commercial recreational uses at 1050 Squires Beach Road are within the recommended separation distance requirements of MaE Guideline 0-2. The guideline also advises that a separation distance of greater than 150 metres may be required on an individual basis. The proposed commercial recreational uses at 1100 Squires Beach Road are outside of the recommended separation distance but are within the vicinity of the Duffin Creek WPCP approaching the recommended separation distance. As the proposed commercial recreational usesare within or approaching the recommended separation distance of MaE Guideline 0-2, the Region does not support the proposed commercial recreational uses at 1050 and 1100 Squires Beach Road. The proposed industrial and office uses may be permitted. ~.., i.."'- c~ ,~) ,; Please contact me should you have any questions or require any additional information regarding this matter. a~W\~MVl Dwayne Campbell, Project Planner Current Planning Copy (via email): Rich Tindall - Regional Works Department Pete Castellan - Regional Planning Department