HomeMy WebLinkAboutPD 44-08
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 44-08
Date: December 1, 2008
01
From: Neil Carroll
Director, Planning & Development
SUBJECT: City Initiated Application
Zoning By-law Amendment Application A 14/08
1105 Kingston Road
City of Pickering
Recommendation:
1. That Zoning By-law Amendment Application A 14/08, initiated by the
City of Pickering, to amend the by-law schedules of amending Zoning
By-law 6778/08 to reflect City Council direction that a future road identified on the
Brookdale Centre Inc. property be 10 metres in width, be approved; as set out in
Appendix I to Report PO 44-08, and
2. Further, that the amending zoning by-law to implement Zoning By-law
Amendment Application A 14/08, as set out in Appendix I to Report PO 44-08, be
forwarded to City Council for enactment.
Executive Summary: The application proposes to amend the zoning by-law
schedules of By-law 6778/07 which was passed by City Council on June 18, 2007.
When Zoning By-law 6778/07 was passed, the by-law schedules did not accurately
reflect City Council's direction that a potential future road, located along the northeast
boundary of the Brookdale Centre Inc. (Brookdale) property, be identified as 10 metres
in width. Rather, the by-law schedules illustrated, in error, a potential future road width
of 19 metres located fully on the Brookdale property.
This amendment is technical in nature and will allow Brookdale to continue to develop
its lands in accordance with the City Council decision of June 18, 2007.
Financial Implications: No direct costs to the City are anticipated as a result of the
recommendations of this report.
Report PO 44-08
December 1, 2008
Subject: City Initiated Application (A 14/08)
02
Page 2
Sustainability Implications: This application allows the continued development of
the Brookdale lands being an infill project that provides for commercial intensification,
makes efficient use of vacant lands, and takes advantage of existing infrastructure
within the City's urban area.
Background:
1.0 Introduction
On June 18, 2007, Pickering City Council adopted amending Zoning By-law
6778/08 for the Brookdale lands (see Attachment #1 property location plan). It
was discovered at a later date, during the development of the Brookdale lands,
that the By-law schedules did not accurately reflect Council's direction that the
potential future road along the northeast boundary of the Brookdale property be
identified as 10 metres in width (being half of a potential future full road ROW width
of 20 metres). On July 14, 2008, Pickering City Council passed Resolution
153/08. This Resolution directed staff to initiate an amendment to the schedules
of Zoning By-law 6778/07 to reflect City Council's initial direction, such that only
10 metres of road width is identified on the Brookdale lands.
2.0 Comments Received
2.1 At the August 18, 2008 Public Information Meeting
Two people spoke in opposition to the application at the public meeting. The
first, a representative of Pentans Developments Ltd. (Pentans), the owners of
1167-1191 Kingston Road, being the land directly north of the proposed future
road that is the subject matter of this application. The concerns expressed were
related to the future location of the proposed road. Amending the by-law to
indicate only a 10 metre requirement from Brookdale would establish the future
need for a road width requirement of up to 10 metres from Pentans property,
which they strongly oppose.
A second person spoke regarding traffic concerns along Walnut Lane and
Kingston Road (see text of Information Report and Meeting Minutes,
Attachments #2 & #3)
2.2 Written Public Submissions on the Application
One written submission has been received from the solicitor representing
Pentans. The correspondence questions the Official Plan conformity of the
proposed amendment; the impacts of a future road on the Pentans lands;
whether the proposed amendment is the correct interpretation of CouncWs
previous direction; the appropriateness of establishing a municipal road on a
ten metre right-of-way; the future road construction complications related to
grade differences between the Pentans and Brookdale properties; and the impact
Report PD 44-08
December 1 , 2008
Subject: City Initiated Application (A 14/08)
Page 3
03
the amendment will have on the City's ability to implement the road network
vision for the Town Centre West area (see Attachments #4).
2.3 Agency Comments
No agency that provided comment has objection to the application.
3.0 Discussion
At the June 4, 2007 Planning & Development Committee Meeting, staff
presented a recommendation and draft by-law that protected for a future 20
metre wide road right-of way, entirely on Brookdale lands, along the northeast
boundary of the property. At this meeting Brookdale requested that only 10
metres be required from its property for a future road and that any additional
lands required for the future road be from abutting properties such as Pentans
(shared provision of road right-of-way). . Brookdale presented to the Committee
its requested modification to the proposed implementing by-law and included a
diagram that illustrated a shared road configuration (see Attachment #2). The
requested modifications were accepted by the Planning & Development
Committee and included in its recommendation to Council.
The zoning by-law schedules adopted by Council in By-law 6778/07 on June 18,
2007 did not reflect a sufficient northerly shift in the future road to implement
Council's direction that only 10 metres of the future road be located on the
Brookdale property. The schedules in fact illustrated, in error, the full road width
entirely on Brookdale's property. On July 14, 2008 City Council directed staff to
initiate this amendment to correct the location of the future road shown on the by-
law schedules. This application is considered a corrective amendment to adjust
the by-law schedules as directed by City Council.
The proposed amendment allows Brookdale to proceed with the development
and construction of the next phase of its project, in accordance with the intent of
City Council's approval of June 18, 2007. .
Approval of the amendment will not result in the immediate introduction of a
municipal road at this boundary location. Prior to any road development, the
Town Centre West Development Guidelines will need to be amended to reflect
changes to the internal road/aisle pattern for the Town Centre West area.
Council has directed City staff to report, through the current Official Plan Review,
on the policy changes required to reflect the changes to the Town Centre West
Development Guidelines based of the approval of the Brookdale zoning
amendment.
Staff have also included a housekeeping amendment to change the reference of
the "future road" parallel to Highway 401 to a "drive asile" to reflect the
requirements of MTO.
Report PO 44-08
December 1 , 2008
Subject: City Initiated Application (A 14/08)
04
Page 4
APPENDICES:
APPENDIX I: Draft Zoning By-law Amendment
Attachments:
1 . Location Map
2. Information Report No. 15-08
3. Minutes from August 18, 2008 Statutory Public Information Meeting
4. Abutting Landowner's Comment - David Tang, Gowling Lafleur Henderson LLP
Prepared By:
Approved/Endorsed By:
~'fin
Ross Pym, MCIP
Principal Planner - Development Review
Ne~
Director, Planning & Development
RP:cs
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering Cit Council
II
APPENDIX I TO
REPORT PD 44-08
DRAFT IMPLEMENTING ZONING BY-lAW
ZONING BY-lAW AMENDMENT APPLICATION A 14/08
05.
06
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. XXXXl08
Being a By-law to amend Zoning By-law 3036, as amended by
By-law 6778/07, and 6809/07 to implement the Official Plan of the City of
Pickering, Region of Durham, on Part of Lot 23 and 24, Concession 1, in
the City of Pickering. (A 14/08)
WHEREAS the Council of The Corporation of the City of Pickering passed
By-laws 6710/06, 6778/07 and 6809/07 amending By-law 3036, to permit a variety of
commercial uses including a home 'improvement centre on the subject lands, being Part
of Lot 23 and 24, Concession 1, in The City of Pickering;
AND WHEREAS By-law 6778/07 as amended by By-law 6809/07 included schedules
that illustrate a future road location that did not reflect City Councils direction with
respect to the location of the future road on the property;
AND WHEREAS City Council desire to correct the schedules to reflect their original
approval of the development by reducing the future road width requirement from the
subject lands;
AND WHEREAS an amendment to amending By-law 6778/07 as amended by By-law'
6809/07, is required to shift identification of a future road width northerly by reducing the
road width requirement for the lands zoned "MU-21" is deemed appropriate;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE I
Schedules I and II to By-law 6778/07, as amended by By-law 6809/07 are hereby
amended by shifting the location of the east/west leg of the future northern road
width in the "MU-21" Zone designation on the subject lands as set out on
Schedules I and II attached hereto.
3. AREA RESTRICTED
By-law 3036, as amended by By-law 6778/07 and By-law 6809/07, is hereby
further amended only to the extent nece~sary to give effect to the provisions of
this By-law as set out in Section 1 above, and as set out in Schedule I and II attached
hereto. Definitions and subject matter not specifically dealt with in this by-law shall
be governed by the relevant provisions of By-law 3036 as amended.
By-law No. XXXXl08
Page 2
4. EFFECTIVE DATE
This By'-Iaw shall come into force in accordance with the provisions of the
Planning Act.
BY-LAW read a first, second, and third time and finally passed this 17th day of
November 2008.
David Ryan, Mayor
Debi A. Wilcox, City Clerk
07
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PROPERTY DESCRIPTION CONCESSION 1, PART OF LOT 23, 24
OWNER BROOKDALE CENTRE INC. DATE JULY 24, 2008 DRAWN BY JB
FILE No. A 14/08 SCALE 1:5000 CHECKED BY RP
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ATTACHMENT #:2 TO
REPORT II PO 4 '1-0 ~
1 1
Citl( 0/
INFORMATION REPORT NO. 15-08
FOR PUBLIC INFORMATION MEETING OF
August18,2008
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT: City Initiated Application
Zoning By-law Amendment Application A 14/08
1105 Kingston Road
City of Pickering
1.0 BACKGROUND
- on July 14, 2008, Pickering City Council passed Resolution 153/08 related to
amending the schedules of Zoning By-law 6778/07 for the Brookdale Centre
Inc. lands (see Attachment #1);
- a property location map is provided for reference (see Attachment #2) as well as a
copy of Schedule I and II of am~nding Zoning By-law 6778/07 (see
Attachment #3); .
- the Resolution directed staff to initiate an amendment to the by-law schedules
of amending Zoning By-law 6778/08 to reflect the original City Council
direction that the road dedication from the Brookdale Centre Inc. property be
only 10 metres;
- during deliberation on the rezoning application for Brookdale Centre Inc. at
the June 4, 2007 Planning & Development Committee meeting, three
amendments were adopted to the staff recommendation contained in Report
PO 18-07, and one of the amendments was to realign the east/west section of
the future north road so that only 10 metres was to be conveyed by Brookdale .
Centre Inc.;
- the relocation of the road came about by means of a request by Brookdale
Centre Inc. at the June 4, 2007 Planning & Development Committee meeting
when they presented to Committee their requested modification to the
approval of the rezoning application and included a diagram that illustrated a
shared road configuration (see Attachment #4);
- this amendment shifted the location of the proposed future north municipal
road so that any future road dedication would be split equally (10 metres
each) between Brookdale Centre Inc. and the abutting property to the north
(Pentans Development Ltd.);
Inforl~tion Report No. 15-08
ATTACHMENT# ~ TO
REPORT I PO l./ (1- 0 f(
Page 2
the revised draft zoning by-law schedules provided by staff and adopted by
Council in By-law 6778/07 on June 18, 2007 did not reflect a sufficient
northerly shift in the future road to implement the Committee's direction that
only 10 metres of the future road be located on Brookdale Centre Inc.
property, and in fact illustrated, in error, the full road entirely on Brookdale
Centre Inc. property;
Brookdale Centre Inc. now intends to proceed with development adjacent to
the south limit of the future northerly road and in order to do so requires that
the schedules to Zoning By-law 6778/07 be amended to accurately reflect the
original City Council direction that the road dedication from Brookdale Centre
Inc. be only 10 metres.
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Reaional Official Plan
designates the subject lands as Living Areas;
areas designated as Living Areas are intended to be predominantly used for
housing purposes, and may include limited office, retail and personal service
uses;
in consideration of development applications in Living Areas the intent of the
Plan is to achieve a compact urban form, including intensive residential,
office, retail and service and mixed uses along arterial roads and in
conjunction with present and potential transit facilities;
Kingston Road where it abuts the subject lands is designated as a Type B
Arterial Road and as a Regional Corridor;
the proposal appears to conform to the Durham Regional Official Plan;
3.2 Pickerina Official Plan
the Pickering Official Plan designates the subject lands as Mixed Use Area -
Mixed Corridors;
permissible uses within Mixed Use Area - Mixed Corridors Area include,
amongst others, a variety of uses including residential, retailing of goods and
services, offices and restaurants;
Mixed Use Areas are intended to have the widest variety of uses and highest
level of activities in the City when compared to other designations;
the subject lands are within the Town Centre Neighbourhood of the Official Plan;
the Pickering Official Plan encourages the highest mix and intensity of uses
and activities in the City to be in this neighbourhood;
the subject lands are within a Detailed Review Area and the City has adopted
the Town Centre West Development Guidelines that cover the subject lands;
Schedule II of the Pickering Official Plan - Transportation System designates
Highway 401 as a Freeway and designates Kingston Road where it abuts the
subject site as a Type B Arterial Road and a Transit Spine;
Information Report No. 15-08
ATTACHMENT #_ ~ TO
REPORT # PO _f t; - {) f
Page 3
"13
Type B Arterial Roads are designed to carry moderate volumes of traffic at
moderate to high speed and have some access restrictions;
a Transit Spine is where a higher level of transit service is to be encouraged;
Schedule " of the Pickering Official Plan... Transportation System designates
Dixie Road where it abuts the subject site as Local Roads;
Local Roads generally provide access to individual properties and carries
local traffic;
Schedule 11/ of the Pickering Official Plan - Resource Management designates
a portion of the abutting property associated with the Pine Creek as
Shorelines and Stream Corridors;
Shorelines and Stream Corridors identify lands that may be prone to water
impacts, such as flooding, erosion and slope instability;
the subject application will be assessed against the policies and provisions of
the Pickering Official Plan during the further processing of the applications;
3.3 Town Centre West Development Guidelines
the Town Centre West Development Guidelines were adopted by City of
Pickering Council on February 20, 1995;
the Development Guidelines identifies matters such as the land use mix and
arrangement, the scale and intensity of use, the transportation/internal roads
network, engineering matters and community design requirements;
the Development Guidelines also indicates; building setbacks and build-to-lines,
building heights, vehicular circulation, access, and parking;
the Development Guidelines establishes certain overall principles for the
areas development and they include a mix of use, an internal road network
pattern, connections to the existing Town Centre Neighbourhood and
adjacent neighbourhoods, a variety of housing and office building types and a
pedestrian and open space network;
the internal road network planned for the Town Centre West Neighbourhood
is an integral component of development in this area and Council has directed
City staff to report, through the recently initiated Official Plan Review, on the
policy changes required to reflect the changes to the Town Centre West
Development Guidelines,based of the approval of the Brookdale Centre Inc.
rezoning application;
3.3 Zonina By-law 3036
the subject lands are currently zoned "MU-21" - Mixed Use Zone by Zoning
By-law 3036, as amended by By-law 6778-07;
the existing zoning permits a variety of commercial uses as well as,
residential apartments located above the first floor of a building;
an amendment to the zoning by-law is required to implement Council's
direction respecting the road;
I fl .
Inforr-aation Report No. 15-08
1 .
'\;,1 ACHMEN7 #-...2_ TO
~ UORl it PO __Y.' Y":.e..e
Page 4
4.0 RESULTS OF CIRCULATION
4.1 Public Comments
- Pentans Development Limited, the property owners to the north of the
proposed road, have been in contact with the City, both directly and via their
solicitors, expressing their opposition to any proposed road that would be
partially located on their property or to any planning process that would
establish a future municipal road at this location (see Attachment #5);
4.2 Agency Comments
no agency comments have been received to date.
5.0 DISCUSSION
- as this application is consider a corrective amendment to adjust the by-law
schedules as directed by City Council the Planning & Development
Department will conclude its position on the application after it has received
and assessed comments from the circulated departments, agencies and
public.
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 be notified Qf Council's decision regarding the zoning by-law
amendment application, you must request such in writing to the City Clerk;
if a person or public body that files an appeal of a decision of the City of
Pickering in respect of the proposed zoning by-law amendment, does not
make oral submissions at the public meeting or make written submissions to
the City of Pickering before the zoning by-law is passed, the Ontario
Municipal Board may dismiss all or part of the appeal;
if you wish to reserve the option to appeal Council's decision of the proposed
zoning by-law amendment application, you must provide comments to the
City before Council adopts any by-law for this proposal;
Information Report No. 15-08
ATTACHMENT # C} TO
lr:PORl if PD~ -u ~
Page 5
1 5
7.0 OTHER INFORMATION
7.1 Appendix No. I
list of neighbourhood residents, community associations, agencies and City
Departments that have commented on the application at the time of writing
the report;
7.2 Information Received
- as this application is consider a corrective amendment to adjust the by-law
schedules no technical reports have been prepared for this application;
- the need for additional information and/or technical reports will be determined
through the review and circulation of the applicant's current proposal;
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Ross Pym MCIP, RPP
Principal Planner - Development Review
Lynda Taylor, MCIP, RPP
Manager, Development Review
RP:ld
Attachments
Copy: Director, Planning & Development
1 6
ATlACHi\i1EilJi 'I '.. Q
REPORT # PD~1.:-Q~.____._~
APPENDIX NO. I TO
INFORMATION REPORT NO. 15-08
COMMENTING RESIDENTS AND LANDOWNERS
(1 ) none received to date
COMMENTING AGENCIES
(1 ) none received to date
COMMENTING CITY DEPARTMENTS
(1 ) none received to date
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NOTICE OF MOTION
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DATE: JULY 14,2008
MOVED BY~ COUNCILLOR.DICKERSON
'SECONDED BY: COUNCILLOR O'CONNELL
Amendina Zonina Bv-Iaw 677Si07- Brookdale'Centre Inc.,
. .' .
WHEREAS the Planning & Development Committee on June 4, 2007 considered staff
report PO 18-07 being, a recommendation report 'on thE! .second phase of rezoning
application A 03/06 by Brookdale Centre Inc. and adopted three amendments to the
staff recommendation that resulted in changes being req~ired to the draft zoning by~law
. . amendment and draft conditions of approval; and
WHEREAS one of the amendm.ents shifted the location of the proposed future north'
municipal road so.thatthe. future road dedication would be split equally (10 metres
e~6h) between Brookdale Centre Inc. and the abutting property to the north {Pentans
. Developme~t Ltd.); and . . . . . "
, .
WHEREAS staffre\fised , the' draft amending zoning by-law ,to implement . the
. Committee's amen'dmentsfor Council's considerati9n and approval; and
. . .
Wtl~~E:AS therevis.ed draft zoning by-law schedules provided by staff and adopted by
CounCiI,in.By-law 6778/07 on June 18, 2007 did not reflect a sufficient northerly shift in
thefutLJr~ road to implement the Committee's direction that only 1 0 metres of the future
road be located on B(ookdale Centre Inc. property, ~nd in fact illustrated,.jnerror, the
, full read entirely on Brbbkdale Centre Inc. property;' and' '
, .
WHEREAS Brookdale' Centre Inc. now intends to proceed with deveiopmentadjacent to
the south limit of future northerly road and has requested that the'City of Pickering
amend Zoning By-law 6778/07 schedules to accurately reflect the original City Council
direction tha.t the road dedication from Brookdale Centre Inc. be only 10 metres.'
1 B
ATTP,CHlVlENT # I . TO
REPORT # PO IS -0.(5
NOW THEREFORE City Council qirects staff to initiate an amendment to the by-Jaw
schedules of amending Zoning By-law 6778/08 to reflect the original City Council
direction that the road dedication from. the Brookdale. Centre Inc. property be only 10
metres; and
FURTHER, that Brookdale Centre Inc. and Pentans Developments Limited be sent a
. copy of this resolution. .
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City of Pickering
PROPERTY DESCRIPTION CONCESSION 1. PART OF LOT 23. 24
OWNER BROOKDALE CENTRE INC. DATE JULY 24. 2008 DRAWN BY JB
FILE No. A 14/08 SCALE 1 :5000 CHECKED BY RP
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ATTACHMENT' ~ TO
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SCHEDULE I TO BY-LAW
AMENDED BY BY~W
PASSED THIS 15th
DAY OF October 2007
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HOME IMPROVEMENT CENTRE
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SCHEDULE n TO FSf-LAW 9778/07
PASSED THIS 18th
DAY OF June 2007
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ATTACHMENT # ~ ~TO
REPORT' PO "'"E*=Ol
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Brookdale Centre Inc.
,Concerns with Staff Report '& Proposed By-law
'June 4, 2007
Our client is concerned staff report relative to the following matters:
1) Mandatory minimum height and second useable storey requirement
should only apply to the buildings fronting along Kingston Road and
not apply to Building B and Building C (Sketch A).
.2) Our client requests that the proposed public road be located along
Highway 401, behind Home Depot and Building B (Sketch B).
3) If staff location of the road is approved by Council, we would request
that the road dedication is split equally between benefiting
landowners of 10 metres each (Sketch C).
ATTACHMEin #... ~ TO
REPORt # PD~--o~
26
BRlTCE IvfcMINN
IlARRISTER & SOLTCITqR
} THORNCLIFFE A VENlJE TORONTO ONTARIO CANADA M4K 1 V4
416.406.1957
bJnq rnj,tlBi<!; ini~rI()g. (~Oln
FHe No.: 104*08
March 13, 2008
By emaiI: 1Rl::Jll.l.il~.jt\.!..ickcrinf!.on;\.:a
The Corporation of the City of Pickering
Planning Department
One The Esplanade
Pickering, ON
Ll V6K7
Attn:.lvtr. Ross Pym, Principal PklOner
Dear Sir:
Rc: PENTANS Developments Limited
1167*1191 Kingston Roud, Pickering
nrookdnle Centre Inc.
Bv-Iaw No. 6778/07-Site Plan Almlication
r am solicitor to Pentans Developments Limited, owner of premises known municipally as 1167-
1191 Kingston RoadlPickering. My client's buildings are fully leasedl and have enjoyed a
succcssfu13ndhl\..tuI~sealJdoccupati()n since their cOllstruction by my client in 1979. My client
recalls specifically the (former) Town's encouragement for, and direction to, its proposed land
uscs ,it this location. . .
It has come recently to my client's attention that BrookdaleCcntre Inc. recently madc
appHcatiol1 for rezoning oflands to the \vest of the Pentans lands, to permit various
retail/commercial uses on said lands. The initiative resulted in the City's adoption of By-law
6778/07. An executive officer of my client attended the only public information session (June 15,
2006) as the said by-law prnceeded through the municipaJ approval process. My client generally
welcomed new development in the area; it was not averse to the orderly commercial
development of local lands to the benefit of the City and Pentans. In reliallee on Stan-
representations, my client was satis11ed that the proposed Brookdale rezoning generally
represented good land use planning. But under no circumstances wouJd have my client
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~lcquiesced to any munIcipal road taking or down-7.oningof its lands,
My client was tllcrefore utterly incredulous wht'n it was recently advised that. as parl of the
proposed Brookdalc site plan agreement, a portion of the "Future Road" shnwn clearly on
Schedules I and n of By-law 6778/07 as being located eiltirely on the Brookdale lands, has
apparently been linilaterally relocated in part to my client's lands, This, without any SlQtutory
basis and \'I<'jtho\.lt permitting my client any informed opportunity for submission thereon, And
this nom:ithstanding: that the relevant Official Plan provisions make no accommodation for such
initiative; that such initiative would undlily and adversely affect the operations of my c.1ient's
tenants; and that such w'ouldsubstantiaUy constrain tmy redevelopment opportunity which my
client might enjoy on its lands.
Underl1(l circumst~lnces \vill my cLient accept the City presumption that these lands will be made
available to the City, or thtnthe necessary lands \vill be "conveyed by others shown hatched",
To el1SUfC good land use planning, my client recommends that the City require the proposed
. Building "e" on the Br()okdale site plan be relocated --10m west of its currently.shO\VD
location. This \vould ensure conformity \\lith the approved zoning by-law by locating the
. -proposed ;;'Future Road" v..ithin the approved right-of-way. Otherwise, my Client will effect all of
its legal remedies to safeguard its operationa]w1d development rights withrespect to its lands,
I \\'i11 absent from the country until !\.1~n;h 24, 2008: my client requests a meeting with you and
the City Sol icit()r as soon as possible tht~n:..after.
Yours truly,
~-
BRucr~ ]\/lC!vllNN
cc. Pcntans Dc\'clopmellts Limited
ce. His Worship Mayor David Ryan
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A;:ACHMENT #:3 TO Excerpts from
R:YQRl # PO L/f -og Special Planning & Development
Committee Meeting Minutes
Monday, August 18, 2008
7:30 pm - Council Chambers
Chair: Councillor O'Connell
2. Zoning By-law Amendment Application A 14/08
City Initiated Application
1105 Kinqston Road. 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 initiated by the City of
Pickering for property municipally known as 1105 Kingston 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.
Ross Pym, Principal Planner, Development Review, gave an overview of
zoning amendment application A 15/08. .
David McKay of MHBC Planning, a representative for the applicant appeared
before the Committee in support of the application.
Adrian Trembling, a representative for Pentans Development Limited appeared
before the Committee in opposition to the application. Mr. Trembling stated
that his company had carefully followed the previous application and at no time
were they informed the road had been moved and stated that they had spoke
to the Planning Department and were assured the road would be on Brookdale
property. He. noted that if they had known the road had been moved they
would have appealed the change. Mr. Tembling stated that they could see no
reason why Building C could .not be moved to accommodate the road system
on Brookdale land. Mr. Tembling stated that this amendment would have
serious implications to their land and requested that the by-law not be
amended.
Jeff Snape, 1735 Walnut Lane, Unit 10, appeared before the Committee and
noted that there was already a traffic mess at the corner of Walnut Lane and
Kingston Road and that this development would make it worse.
3
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ATTACHMENT I If TO
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S~~er12,2008
VIA rAC8DIU.uJD DD.lVDY
Mayor and Mcmba oCCUy Council
Corporation of the City ofPlckedng
. I The EIpIaaado .
Pick~ ON LIV 6X7
Your Worabi,p IDd Mabin of Counc:i1:
Be: Pro,.ecl ZO..... By-law to ...d ZoaIII B,.LI" '1711fY1
~ UOS.-- Road (dI. Broo.... c.en lat.laell)
We IrI the .oUciton !or Pema Dcvelopmcat. Limited C"P.."",?, the 0WIlel' atlanu known
municipally u 1167 - n 91 l(JqItcmlold. Peatani' 1.. abut 1105 KJDaatDn Road, which t.
th. IUbjtc:t ofZoniDa By-Jaw 6171107. Tbi.lattar i'llUIDD1ll')' of WI' went'. primary c:on=na
with retpeet to the ptOpO.ccS JOJJiq by-law, which would _end . "'e of ZoniDs By-law
6778101 by recluciq the wldtb of1he Ilea zaud for"Puture lload" tom 19 metrel10 10 metres.
Thillotter' JI'O'Vi- IIUIDIIIII)' aaIy ot the ,nm.y ecmcema ad our elleat rillIVI. the riaht to
niIo Idditlonll illllllllKi gonce. GIJwabou.t the procell &ad at the Ontario Mmdcipll Board.
c_~ t8 OIQ~..I PIaa .... \'Wan far 6. T_ ~rtre WntN.....hft1b'la"^"
It huloQ beat the City Of'Piekll'ins'l intent. uset out iD the aty'. Oftlcial Pllll aDd in variou.
~rtJ produced aver the lilt 25 to 30 >-'I, tor \be TOWIl CcnIte Weat ne1Jbboudlood to be
dlveloped with. mumcipal10ld plttem mcborld by eutIwat collector 1'OIda. 'Ihoae eatlwest
collector midi would COIIDClCt tb,l_1I to the out oftbe Ton Ccntze We. ~d with
bath DUde R.OId md KiDpton R.oId. .. .
WhID Brookdatl Ceatre IDe.. ("Broolrdlle") hrou&bt ita IpJillCltfaa to rer.cme 1105 KmptoD
Roacl (the "Bl'DOkdaIe Ladlj in 2006, tho City of PidulriDa'. iDitil! rtqUIlt. fora mid
netwolt were CODIiltent with ad ClDDbmed with thole 1000.tandfq 0fBda1. Pll11 policlea.
Cit)' Itatr l'tIXXDmlllded two fun wlctdl eaVwelt tIlIIDlclpal "*' nIDIWl' thmusb the BmokdaI. '
Lmcb. Our cliel wu b1volved in the early meetiDaa with fe8J'ect to that fIlZD21inIand lUpported
thoac Itaft' rKOmIDlIJdatiODl. BVID whlD Brookda1" DOIJ' Ibe cad of the r-nni", J'IOCWI,
CODYtnced. the City that omy ODe euttwCIt mUDidpal JOtd wu 1JCedcd, tbtt JDUIliaipal road wu
intended to be I &11 19 metre fn wtcldt. It. alfpnent wu ratfOJlll IDd appeared to be a
compIOOIiR. looated u f. DDrth II po_sible on thl Brookda1e LInd., lmmIdiltoly to the 'O\ltb
of the 'cntanl' tN. While the 101:1tion wU a little funbIr D01'tb 1baD the ldCll liianmerst if
only ODe Mltlwest municipal wa to ran througb tho netahbaarbood, it wu !tin at a IN'f!icient
MOIlIIiII I 0IrIr.a J ICIIIIII. I Toronto , HInIbln I WIIIrloo Region I CIIQIry I VlllCClUYIr I MoICClW I
30
ATTACHMENT # tf TO
REPORT # PO If/j-v~
GIwIftt LlfllUr _....... UI 1.~_l80'" (Pallnll T~d' M'rkAcieni I
Page 2
.ize, width and location. Neither Pentw nor Brookdale appealed ZoninJ By-law 6778~1 u
pUled to the OntIrlo Municipal Board.
ne proposed amendment aiFificantly reducel the likelihood that I municipal road, conforming .
to the City'. ulUllltaDdard fOr I municipal rold, would ever be oonatructIcL By-law 6718/07
made UIe of tbe. oppottunity ,pteJCftted by Brookdlle'. claire to develop in orda' to .ecare I tUll-
width 1 gm wid. fOld.. '111e propoaed ZCI1iq hy-law IqUlDdea that opportuDity, aiviDI bark to
the develop<< that lan4. It is biably UIN8UI1 for a mUDiciJ'llity to permit I developer orlandi thi.
hi. to dev,lop without leourinI fvcn ODO fUll width road. It i. uakaown whlD Pentuu and the
owner of 1211 KinptoD R.oad "fiO'llld redevelop their 1mb, ofterina another opportunity for the
acquilition of the balanoe of the road. This new proposed alignment would al8D require the City
to acquire the lanel from two separate lIDdoWDCrlm.tclld of one, with the added unCllltainty that
entlib. It i. unlikely the 1h01O two popcrtia woaldbo fCldcycloped at tho .IDlI time or thBt both
will have the .ame delJro or inccati'VC CO cooperate with the .City, ftlrthcr fraplImtiDl the
opporNnity to implement the Oftlclal Plan', polloi. aDd maJdDS It Ieee Uke1y 1bIt its objlCtl
will IVtI' H ac:hiwecLPor CXID1p1I, PCDtInI hu ahwcl)' indioa&ed t1IIC it hu no" ct.irw to
" redevelop ita pt'OJ)CIt)' iA such . way . to aft'otd the mum_ty 811 opportuDit)' to obtain .
CDnvwylnce Df the ~iJ\l 10 metreI. Not cm1y will &cbieviq the lona-ltaDdina and
appropriatl vilion for the Town Ceabe West.Naigbbourhood be delayed for many years, it i8
. "queat:iVDlbl, whither it c:lID IVcr be 1Cbi1YCld.
rm..aafJI af ....41_......1 aQ J211 KIa_tea Raid"
"MA'Yins the road atflDlDcnc IOdhwlfd8 tqX*Dt. bid plauiq whea )'OU couidcr the lands to
the flit of Pefttll1l' la.. Pintl)'J thia new fOld aUpn.t would :run Into the parkins area for
thl ailtinl bllilctiq located It J21 J XiDptDlllold. 1be pIOpOIId mid, it Ilipcl in this
mIDIIll' cau1d not be .teaded uatillUdl time .. t1Iat bui1ctiuI Wit dcmo1iBhed IISd the lite
redmI1oped. AliJIIiDI d1e rold In tJdl way-al it mon ctiftlcult for the fOld CO b. extended
1\a1'c1mr in accar4aDce with the Offtcit1 Plan'. poUeI.. 8aadJy, . axteuion to ti. proposed
road aliaammt into 1211 IGnpton Road wCNId divide tbat propoay iDto tine parcell. "The
soathemmolt pmel wouW bo too sma1t to develoJ on ita own aad woul4 ~t an Idditlonal "
colt to the City if It choo.. to expro,priato. Toe camat .urnmt . j)Nferahle becauN an
cuterly lltIDIion WOl31cl not leave t'hat lizo of l'eIIIDlInt parcel.
....D&!fIan af WldtIa Not A .Claar Ceu-tl DJNedmI
Thote hu been & IUption that City CoUDCiJ iuttuctcd .td'to reduce the widtb of the road to
10. mllrel. It hu 'been auarated our cUent bew that IDd acquiescecl to it. That iJ DOt the cue.
Pindy, our client wu not at the me... when it Iw beea suaeacod Council pw thole
inltzuctiou. SClQQIIdIy, it if DOt 01_, mil 8'OID the miD_ of tho meetinl that CouneiJ pvo
thole lu1Nctioa, U cviclCDCld by the f'ICC tbat tho by-law wu &Wizod lmcl p~ requiring.
. 19 metre road. Tbe more obvious iDtapntadOD of t1uI COUDCil iutructlOI1 il that tho 10 metre
ltItImeat nfen to the size oftbe INI to he ClODItrUCIIMf (a oppOl. to zoned or clodicatec1). lD
lIlY eveat, our clilDt quite property uacaed the ZODin. by-law u pUllld &Del dctcrmiDecl it had
no oonoom. with By-law No. 6778/.07. It WII, in &.ot, UIIIWIR that Coucol1 wilhecJ to takl thia
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Monu.' I 0ItawI I Kanlla I Toronto I HalllmCn .1 WIIIIIooRegIon I car.", I VllIClClCMr 1 MoICCIW I
'ATTACHMENT # L/- TO
REPORT # PO 'I '1-- () f
aIWiirI.~L.di_I~-U:P'y-~..~-r~.~'__-,'---'- 3 1
Plat "
Sabttud.rd Road RiUt..or-)Vav
If the City recop.et that it ClImOt quire the baImce of the land. necCllary to create a tbIl
width mUllioipal road in the near to medium term, 'it may be forced to acquire and open I
IUbltlDdard 10m municipal road. Thil would, we ~it, oontnIvcmc lOCtion 4.3 md ".4 ot the
, Official P1111. The City would libly flDd it impouible ~ isq)]emcnt IJ'FOpriate boulevlrd
daip, inlta11 the DIC.sary lidewalk., be cozutrained m ita placement of ,ervicel and tal. the
normal ahiJity to widen the trawlled OD ponion of the !'Old in the tbture. 1hi. is particularly
'tnnablclIOII1C1 blGllJlI tN. road fa the only pmpolld IIIt1welt mid IICUZId ftJr the Town Centre
WCtt nei8l1bourhoocl. The propoled rezoDiDg makn it more libIy that the City Will be forced to '
ulUtne a rubataftdard and undesirable road confisuratio~The rezoniDs throw. away
polllibilitiw1br the proper tbture development of this area.
If that wee to' OGC:UI', that would have eipifiCllDt ncptive impIc:ta on PentIDJ. PlIltaDl' woulcl
the be m . polition wba there may be preaurc 011 it to tab KCCI' !om I auhltudard
mvalcipal mid. AU the ather IandI in tho area would Iimi1arty be hampered by I mbltlDcfard
rold. . .
Ca..trul!tlaa 1_.. wi'" .A~I......allt
The ~aed alipntllt it aIao iDappropriltl ifft contlmplat.. the remainiq to molres could be
Idcled to the width of , the 1'OId &om 1hc PCDtaaI' llDda. T.biI pouibiJity cloa DOC take into
account the lipiflclftt di1rtnDoe in pda betwemthe area zoned "Future R.oad" OIl the
Brookdale LIDda and tho lOutbamOlt portion at the Peotana property. WllUbnUt that it would
.. very diftlouIt, IDeS ccrWDly mudJ. more 'llqHlnIiw for I road lID b. couatructad balf on the
PlIltaDa' .laftcIlDd half on the Brookdale LadI than OIl the cummt Ilipu:nent. Purthc:rmore. the
, builclinp. the driveways aDd circm1aticm. pattImI approved IDd CODItIW:ted on the PIDbIDa aite
would DOt Ic:commodatC a1lWllic:ipal mild oceupy!q the lOutlwnmnat 10 metra of the property.
lUll.......,
We would ursethat Council Dot amend Zomna By.!1IW 6778/07. The City hu alrea4y secured
III appropriate aHaamlllt for the nquIred eutlwelt COnectDr road tor !he Town Centre West
ncilhbourhood in accordanc. with the City'. OftIcial PII1L To &iVl up I raid rllht-of.wlf that
mectI the Qty'. &lOmW width 1lIDdardI. in the potllitiaJly vain hop,. or a 1\Im oppommlty to
acquire tho other haltotth. ftqUiJed risht-ot:.way bn allDd owner who ha iadfoated it his DO
1mmediate reclevelOpmeat fmea&i0Dl is ua.wUe. P.... the pmpo8ed zODin. by.Jaw would Jet
the City baok II1II1)' )'Un in itl offorta to implem.cat itl vilicm mr dUa Dlisbbourhood.
lipMcantly Impact m acpive ""YI boch else Pal.' ,ropcrty and the property to the eat and
molt importlDt!)', effectively "imi~ my near or mediam tIlm. oppoItUDit)' for the necenary
rold I)'8tem planned tbr die Town Cmtro Weet na,bbourbooc1 to be eeoared uuJ comtructed.
PI... be adviseel that 0111' diet Pentana iDtlDlll to oppose thit ruomDl ad will 'Utilize it.
appeal riahtl it neceuary to protect iu i:ltcre1Cl, the interwtI of the ncisbbo1D"fnl IwfllDd to
Idvance the exUtiD. pllDllinspolici. which ~lClI1t good p7~ fur thi, Ira
MonlrMI I oraWl I I<InItI I TOlOnto I Hlmllon I W.i.1oa "-fOIl I, CIIIIrY I VIncIOlNII' I MaIocI. I
ATTACHMENT # if TO -
REPORT # PO -'i. 'I ::.i:Lr.{.._____
. - -3- 2 ___n_ ---- __om ......... LIft., ""'~ W' I .......11aIIl:1M I Plllnt IT/IdI Milt Aglnll I
PIG' 4
Please Ceel free to telephone me if you have any questiona.
Yom very tnIly,
GowtlNG L.ULItJR fDNJ)WONLLP
D.::::.\fJ
DCT;cch
'l'OJUAW\ 6"0441'1
MonttMl I Otta-. I I<InIta I Tcxarm I Hlmllon I War_ ~ I ~ -I VlIrlllQ\Ml I MoIcow I