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HomeMy WebLinkAboutPD 30-11 Cep Report To Planning & Development.Committee CKERIlyG Report Number: PD 30-11 Date: October 3, 2011 From: Neil Carroll Director, Planning & Development Subject: Zoning Amendment Application - A 7/10 Pickering-Brock Centre Inc. 1755-1805 Pickering Parkway & 1842 Notion Road Concession 1, South Part Lot 17, 18 City of Pickering Recommendation: 1. That Zoning Amendment Application A 7/10 submitted by Zelinka Priamo Ltd., on behalf of Pickering-Brock Centre Inc., to permit an expansion of the shopping centre on lands being Concession 1, South Part Lot 17, 18 be approved; 2. That a zoning by-law to implement Zoning Amendment Application A. 7/10, be finalized in accordance with the provisions of Section 3.11 of Report PD 30-11, and forwarded to City Council for enactment once the traffic impact study has been finalized to the satisfaction of the City and the Region of Durham; and 3. Further, that an amendment to the Specialty Retailing Node Development Guidelines, as generally set out in Appendix I to Report PD 30-11, be endorsed and brought forward for Council adoption with the implementing zoning by-law. Executive Summary: The applicant proposes to amend the zoning by-law to permit an expansion of the Shops at Pickering Ridge shopping centre, located immediately north of Highway 401, on the east side of Brock Road (see Location Map - Attachment #1). The lands, municipally known as 1755-1805 Pickering Parkway and 1842 Notion Road, have a combined area of approximately 13.1 hectares. The proposed zoning amendment would permit a 9,230 square metre expansion over the vacant portion of the site, increase the size and aggregate floor area for smaller retail stores, add a large format food store as a permitted use, increase the aggregate floor area for restaurants, and provide parking at a rate of 4.2 parking spaces per 100 square metres gross leasable floor area. The proposed expansion of the shopping centre conforms with the Specialty Retailing Node policies of the Official Plan and will not impact the planned function of Pickering's Downtown Core, Community Nodes, or the nearby Main Central Areas in other municipalities in the Region. It is recommended that the Specialty Retailing Node Development Guidelines be amended to remove the reference to the number of large format food stores and to incorporate specific guidelines for the site (South Precinct) as outlined in Appendix I. Report PD 30-11 October 3, 2011 Subject: Pickering-Brock Centre Inc. (A 7/10) Page 2 f The application is recommended for approval. The implementing zoning by-law will establish performance standards to permit the proposed commercial development including a food store having a minimum floor area of 4,515 square metres gross leasable area, increases in smaller unit retail space and restaurant floor area, and a .parking requirement of 4.2 spaces per 100 square metres gross leasable floor area. The by-law will also contain an "(H)" Holding Provision for the portion of the site proposed to accommodate a stormwater pond. Removal of the holding provision will be subject to confirming the property requirements of a future Highway 401 overpass connecting Notion Road with Squires Beach Road. In order to'ensure that the proposed expansion can be accommodated by the local road network, it is recommended that the zoning amendment application be approved, but that the zoning by-law amendment only be brought forward to Council for enactment once the traffic impact study is completed to the satisfaction of the Region and the City. If required, an additional Holding provision would be included in the zoning by-law to phase development in accordance with the timing of planned improvements on Brock Road. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: Staffs review of the application against the City's Draft Sustainable Development Guidelines resulted in a score below the Level 1 standard. Due to the nature of the proposal (an expansion of an existing shopping centre), there are limited opportunities to achieve Level 1 through the rezoning process. The development proposal provides opportunities for efficient use of vacant land and existing infrastructure within the City's urban area, provides jobs and services within walking distance to an existing transit stop, improves the streetscape within the urban area, and improves pedestrian connections within an existing commercial development. Additional opportunities to achieve a Level 1 standard are available through the site plan approval process. 1.0 Background: The applicant proposes to amend the zoning by-law to permit a 9,230 square metre expansion of the Shops at Pickering Ridge shopping centre (formally Pickering Home and Leisure Centre), located immediately north of Highway 401, on the east side of Brock Road (see Location Map - Attachment #1). The lands, municipally known as 1755-1805 Pickering Parkway and 1842 Notion Road, have a combined area of approximately 13.1 hectares. Report PD 30-11 October 3, 2011 Subject: Pickering-Brock Centre Inc. (A 7/10) Page 3 The existing 26,590 square metre shopping centre consists of four multiple-tenant commercial buildings with surface parking on 9.5 hectares. A private stormwater facility and associated vegetation are located within the 3.6 hectare vacant portion of the lands. The conceptual site plan (see Applicant's Submitted Concept Plan - Attachment #2) proposes an expanded shopping centre over the existing shopping centre and vacant lands, consisting of ten stand-alone, multiple-tenant buildings with a total gross floor area of 35,820 square metres with surface parking. The stormwater facility is proposed to be relocated to the eastern limit of the site. In addition to the three existing access driveways (two on Pickering Parkway and one on Brock Road), two new driveways are proposed on Pickering Parkway opposite Beechlawn Drive and Marshcourt Drive. The proposal includes: • expanding the maximum total floor area of the shopping centre by 9,230 square metres, for a total of 35,820 square metres • increasing the floor area for smaller stores by: decreasing the general minimum unit size for a retail store from 1,400 square metres to 929 square metres; and increasing the maximum aggregate floor area exception for retail stores of 100-929 square metres to 7,000 square metres from 4,850 square metres • the addition of a food store use having a minimum floor area of 4,515 square metres increasing the maximum aggregate floor area for all restaurants-Type A to 3,000 square metres from 2,000 square metres • parking provided at a rate of 4.2 parking spaces per 100 square metres gross leasable floor area 2.0 Comments Received: 2.1 At the January 4, 2011 Public Information Meeting (see text of Information Report & Meeting Minutes, Attachments #3 & #4) A representative of SmartCentres, Inc., speaking on behalf of the First Simcha Shopping Centre located to the north of the subject property, advised that written comments would be provided once the supporting studies had been reviewed. No other members of the public spoke in support or opposition to the application. 2.2 Written public submissions on the application Coco Paving Inc., owner of lands at 77 Orchard Park Road in the Town of Ajax, located in the industrial area to the northeast of the subject site across Notion Road, requested that Council consider the following issues during the processing of the application (see Attachment #5): • appropriate berming and/or landscape treatment to mitigate any potential impacts such as noise or dust Report PD 30-11 October 3, 2011 Subject: Pickering-Brock Centre Inc. (A 7/10) Page 4 • incorporating appropriate setbacks along the eastern portion of the site • landscape enhancement and buffering of the stormwater pond proposed along the east side of the site • consideration of the possible Notion Road overpass End of Roll (2126113 Ontario Ltd.), a tenant in the existing shopping centre, requested that the landlord/developer be required to share the proposed plans and schedule with the tenants of the shopping centre (see Attachment #6). First Simcha Shopping Centres Limited, owner of the shopping centre directly to the north (1899 Brock Road) provided the following comments (see Attachment #7): • Traffic - consideration should be given to the requirement that Brock Road improvements be in place prior to any additional permissions granted to Pickering-Brock Centre. At a minimum, financial commitments should be secured to ensure the road improvements can proceed as required Parking - consideration should be given to the adequacy of the proposed parking ratio and the appropriateness for the proposed uses, particularly for restaurant and food store uses Market Analysis - initial concerns relate to an additional food store entry into the market by 2012, and the request for additional small store units as part of the centre and the extent of impact on the market • the zoning by-law should be structured with appropriate time triggers for development related to the road work improvements being in place, and the ability of the market place to accommodate this additional development 2.3 City Departments and Agency Comments Ministry of Transportation require a minimum 14.0 metre setback from the Highway 401 right-of-way to any new buildings/structures and any feature deemed essential to the operation and viability of the site • Ministry permits will be required prior to any grading or construction; traffic study to be submitted as part of permit process (see Attachment #8) Region of Durham . a Phase 1 ESA and Reliance Agreement letter are Planning Department required (see Attachment #9) Region of Durham . no objections to the application Works Department (see Attachment #9) Durham Region Transit & . relocation of the existing bus stop and provision of Transportation a transit shelter and a hard surface connection to the sidewalk adjacent to the road and along the south side of Pickering Parkway • require protection of lands needed.to accommodate the future grade separation over Highway 401 (see Attachment #9) Report PD 30-11 October 3, 2011 Subject: Pickering-Brock Centre Inc. (A7/10) Page 5 Toronto and Region • long term location of the stormwater pond must be Conservation Authority determined, including consideration of any future (TRCA) land requirements of a future widening of Notion Road and the proposed Highway 401 overpass . TRCA is satisfied that the proposed oversized stormwater management facility could adequately provide for the storage and conveyance of flood waters on and off-site • need to secure an agreement between the City, TRCA and the owner for appropriate off-site natural feature enhancement and restoration (see Attachment #10) Town of Ajax . requested the most current regional flood model be used; and that Notion Road south of Pickering Parkway be improved (see Attachment #11) Development Control . examine the property impacts of the future Notion Road overpass on the alignment of Pickering Parkway; Notion Road would be required to be widened to accommodate the overpass detailed comments regarding engineering design and stormwater management will be provided during site plan review (see Attachment #12) Engineering Services . revise the Traffic Impact Study to address (Transportation) transportation effects due to the future Notion Road overpass, pedestrian traffic volume counts, and proposed daily truck trips (see Attachment #13) Engineering Services . prior to site plan approval, TRCA approval of the (Water Resources and recommended flood storage approach and Environment) resubmission of an updated stormwater management report is required (see Attachment #14) 3.0 Discussion: 3.1 The proposed commercial uses conform with the Official Plan The proposed expansion of the existing shopping centre is consistent with the "Mixed Use Areas'- Specialty Retailing Node" designation in the Pickering Official Plan. Permissible uses include, among others, special purpose commercial usessuch as large format retailers (including large format food stores and large format discount stores), theme and/or specialty retailers, and ancillary retailing of other goods and services including restaurants and limited offices. The Specialty Retailing Node designation provides for a range of commercial and residential uses at a maximum floor space index (FSI) of 2.5. The proposed Report PD 30-11 October 3, 2011 Subject: Pickering-Brock Centre Inc. (A 7/10) Page 6 4 35,820 square metre expanded shopping centre would achieve an FSI of approximately 0.27. The policies also provide that the maximum leasable floor space for retailing of goods and services is to be determined by site-specific zoning. As required by the Official Plan, a retail impact study prepared by urbanMetrics Inc., confirmed that the proposed additional floor space, smaller retail unit sizes and additional food store use can be supported by the market place and will not adversely affect the planned function of Pickering's Downtown Core, Community Nodes, or the nearby Main Central Areas in other municipalities in the Region. A peer review prepared by Malone Given Parsons Ltd., agreed with the conclusions. 3.2 Proposed increase in total floor area, small unit retail space, and restaurant space, and an additional food store use is appropriate for this site The proposed development is appropriate for the site for the following reasons: • Additional floor area • the retail impact study indicated that the additional 9,230 square metres of shopping centre floor area on the expanded site can be supported based on forecast market growth . the study also indicated that the site has excellent potential for additional commercial uses based on its locational attributes, including proximity to Highway 401 • Additional smaller unit retail space and additional food store use • based on the forecast market growth in Pickering, and recognizing the expanded shopping centre would still be differentiated in terms of tenant mix and store sizes, the retail impact study concluded that the inclusion of a greater number of smaller retail stores and service units (i.e., 100-939 square metres), as well as a large format food store, would not undermine or compromise the viability of the Downtown Core or any other commercial nodes/centres in Pickering or elsewhere in Durham Region • the study also concluded that even with the addition of smaller tenants, the function of this shopping centre as a special purpose commercial centre in an open air format, with primarily large format home furnishing and apparel retailers, would not be altered; the study indicates that it is now very common in open air shopping centres such as this one, to include a greater percentage of smaller retail and service establishments, in addition to large format stores, without compromising the regional draw of the centre; the proposed increase in smaller retail units will allow for a certain amount of flexibility in leasing, but still ensure that the shopping centre remains differentiated from retail in the Downtown Core • the number of the smallest stores (100-300 square metres) will continue to be limited to a maximum of five in the zoning by-law Report PD 30-11 October 3, 2011 Subject: Pickering-Brock Centre Inc. (A 7110) Page 7 ~J • the study also indicated that a large format food store is considered a normal and compatible use in large format retail centres and that the market can support an additional large format food store by 2012; the zoning by-law will define 4,515 square metres as the minimum size for a large format food store • Increase in Restaurant-Type A floor space • the requested increase in restaurant space to 3,000 square metres (8.4 percent of the total proposed floor area) represents a proportional increase of the current 2,000 square metre permission over the larger site (7.5 percent of existing floor area), and is considered appropriate • drive-through facilities associated with restaurants will be restricted to internal locations within the site, away from Pickering Parkway and Brock Road and residential areas, through zoning by-law and Development Guideline provisions Although the Specialty Retailing Node designation permits food stores, the Specialty Retailing Node Development Guidelines currently provide for one large format food store within the Specialty Retailing Node. The proposed food store is in addition to Sobeys and the food sales use within Walmart. Staff recommend amending the Guidelines to remove reference to the number of large format food stores. 3.3 A parking ratio of 4.2 spaces per 100 square metres gross leasable floor area (gifa) for the proposed shopping centre expansion is appropriate Although the City's typical parking requirement for multi-tenant commercial centres in recent years is 4.5 spaces per 100 square metres, the proposed parking ratio of 4.2 spaces per 100 square metres gifa is supported for the following reasons: • the proposed ratio represents an increase from the 3.7 spaces per 100 square metres gifa required for the existing shopping centre • a parking study submitted in support of the application, which examined existing and expected parking demand, provides justification for the 4.2 spaces per 100 square metres gifa ratio • additional parking spaces may be available on the subject site within the 14.0 metre building setback from Highway 401 required by the Ministry of Transportation • the ratio is also consistent with parking requirements in nearby municipalities and elsewhere (e.g., the Town of Whitby has recently adopted a ratio of 4.3 parking spaces per 100 square metres gifa for shopping centres between 3,000 and 37,159 square metres, and the Urban Land Institute recommends a parking ratio of 4.0 to 4.3 spaces per 100 square metres gifa for similar sized commercial malls) Report PD 30-11 October 3, 2011 Subject: Pickering-Brock Centre Inc. (A 7/10) Page 8 Although restaurants generally generate higher parking demand than other commercial uses, the proposed ratio is considered sufficient to accommodate restaurant parking. The proposed maximum of 3,000 square metres restaurant glfa comprises approximately 8.4 percent of the proposed floor area for the total development. Typically, higher restaurant parking ratios are applied separately only where restaurant uses occupy a much higher percentage (in the order of 15-20 percent or more) of the total floor area. 3.4 Initial findings of Traffic Impact Study support proposed expansion but phasing may be appropriate The Traffic Impact Study (TIS) prepared in support of the application concludes that although the intersection of Pickering Parkway and Brock Road operates with some constraints under current conditions (in particular noticeable delays for westbound movements), planned improvements to Brock Road will markedly improve conditions. The planned improvements include the addition of a third southbound lane on Brock Road between Pickering Parkway and Kingston Road, signal timing modifications to reduce overall delay at the Brock Road and Pickering Parkway intersection, and the addition of a third northbound lane on Brock Road north of the 401 eastbound on-ramp. With these improvements in place, the study concludes that the area road network will to be able to accommodate the traffic generated by the shopping centre expansion although there will continue to be congestion at key locations during periods of peak demand. The TIS also concludes that, as a condition of approval of the proposed shopping centre expansion, the portions of Pickering Parkway between Beechlawn Drive and Marshcourt Drive should be re-striped, providing a two-way left-turn lane for left turn storage for vehicles turning into the commercial development and residential area. Region of Durham staff have indicated that subject to available funding, the Brock Road improvements are programmed to be completed prior to the planned build out of the proposed mall expansion in 2014. The Region has requested revisions to the TIS before providing final comment. It is therefore recommended that the draft zoning by-law be brought forward to Council for approval once the TIS is revised to the satisfaction of the Region and the City to ensure that phasing of the proposed expansion, in accordance with the timing of the planned improvements, is not required. If phasing is required, a Holding provision would be included in the zoning by-law linking permitted additional floor space to required road improvements. Report PD 30-11 October 3, 2011 Subject: Pickering-Brock Centre Inc. (A 7/10) Page 9 3.5 Environmental matters have been addressed A portion of the lands are identified in the Pickering Official Plan as "Shorelines and Stream Corridors" and in the Region's Official Plan as "Key Natural Heritage and/or Hydrologic Feature". Specifically, the TRCA identified the presence of the Regional Storm Flood Plain associated with the Duffins Creek on portions of the subject lands, and the presence of mature vegetation. The TRCA is satisfied that the proposal for an over-sized stormwater management facility, to be located at the eastern limits of the property adjacent to Notion Road, could adequately provide for the storage and conveyance of flood waters. With respect to the mature vegetation on the subject lands, an environmental impact study concluded that the net effect of the proposed development will be the loss of low quality natural heritago features and functions, specifically a small area of woodland and wetland. Compensation in the form of off-site enhancement and restoration of a nearby natural area or feature, and naturalized planting for the proposed stormwater pond, to the satisfaction of the TRCA, will be addressed during site plan approval. A Phase 2 Environmental Site Assessment (ESA) concluded that additional investigative work is not warranted with respect to an historic gasoline pump and a possible storage tank identified in the northeast area of the site. A Record of Site Condition (RSC) has been filed with the Ministry of the Environment and is satisfactory to the Region of Durham. 3.6 Impacts of future Highway 401 overpass at Notion Road have been addressed A future Highway 401 overpass connecting Notion Road with Squires Beach Road is identified in Schedule II - Transportation System in the Official Plan. While design details for the overpass will be determined at a later date through an environmental assessment, the potential impacts on the subject site (e.g., .future road widening), have been identified in consultation with MTO, TRCA and the City. Staff is satisfied that the proposal protects for the future possible overpass. The proposed stormwater pond along the east limit of the property adjacent to Notion Road has been sited to ensure that development will not preclude future road widenings. TRCA has indicated that the grading changes associated with a future overpass at Notion Road may eliminate the need for a stormwater pond on the subject lands to accommodate Regional Storm storage volumes once the overpass is constructed. In order to protect for the future overpass and to ensure the stormwater pond remains on site, it is recommended that the lands for the proposed stormwater pond be zoned with an "(H)" Holding category, to be lifted once the property requirements for a future Notion Road overpass and the continued need for a stormwater pond at this location are confirmed. Report PD 30-11 October 3, 2011 Subject: Pickering-Brock Centre Inc. (A 7/10) Page 10 3.7 Town of Ajax requested the improvement of Notion Road The Town of Ajax requested that the improvement of Notion Road from the intersection of Notion Road and Pickering Parkway south to the dead end be a condition of approval. The proposed development does not propose access to Notion Road and City staff does not support the improvement of Notion Road as a condition of approval of the application. The Notion Road Area Development Guidelines contain direction that Council consider the allocation of funds for the reconstruction of the northern portion (Kingston Road to Pickering Parkway) of Notion Road to fully curbed urban standards with sidewalks. The timing of these improvements to Notion Road will be addressed in the City's Roads Needs Study. 3.8 Specialty Retailing Node Development Guidelines to be amended to include guidelines for the subject lands (South Precinct) The Specialty Retailing Node Development Guidelines provide guidance for the review of development applications, including site plans, within the Node. The Guidelines provide general direction on design objectives, appropriate uses, and development standards for the Node as a whole, but also include more specific guidance, including a tertiary plan, for the First Simcha Shopping Centre north of Pickering Parkway (i.e., the North Precinct). In the absence of a site plan application for the Pickering-Brock Ridge lands, and in order to ensure that certain design objectives that cannot be detailed in a zoning by-law are achieved, guidelines specific to the subject site, including a tertiary plan, are proposed (see Appendix 1). The tertiary plan outlines build-to- zones along Pickering Parkway and major driveway aisles and identifies primary pedestrian connections to be provided to and within the site. The precinct guidelines also address view corridors, access points, and special design requirements. The concept plan attached to this report is generally consistent with the urban design objectives for the subject lands. Although the specific size and location of the buildings will be finalized as tenants are confirmed, the concept plan reflects the objectives of providing massing along Pickering Parkway and major driveway aisles, ensuring the backs of buildings are screened from major streets and driveway aisles, and providing a safe, legible pedestrian network through the site. It is recommended that the Specialty Retailing Node Development Guidelines be amended to incorporate development/design requirements specific to the site as generally set out in Appendix I. It is further recommended that Table 1 of the Guidelines be amended to remove the reference to the number of large format food stores provided for within the Specialty Retailing Node. The amendment to the Development Guidelines, as generally outlined in Appendix I, will be finalized and forwarded to Council for adoption with the implementing zoning by-law. Report PD 30-11 October 3, 2011 Subject: Pickering-Brock Centre Inc. (A7/10) Page 11 -a 3.9 Site Plan matters will be addressed through the site plan review process -All site development matters will be addressed through the site plan review process, including specific building massing and orientation, elevations, parking, access, pedestrian network, landscaping, site servicing and any other City and agency requirements. 3.10 All comments have been addressed Comments received from the public have been addressed as follows: Coco Paving Inc., 77 Orchard Park Road, Ajax - the proposed relocation of the stormwater pond will provide appropriate buffering and setbacks addressing noise/dust impacts. Staff is satisfied that the proposal protects for a future Notion Road overpass over Highway 401. End of Roll (2126113 Ontario Ltd) - the applicant has informed tenants of the development plans and schedule in writing (see Attachment #15). The applicant will be responsible for keeping the tenants informed as the development progresses, as the City does not provide notice for site plan approval. First Simcha Shopping Centres Limited - the need for phasing of development to coincide with the proposed Brock Road improvements will be determined once the TIS is finalized; if required, the development could be phased through a holding provision in the zoning by-law; the proposed parking ratio of 4.2 spaces spaces per 100 square metres glfa is appropriate; the proposed increase in smaller unit retail space is supported by the retail impact study, which examined the Specialty Retailing Node as a whole, including the First Simcha Shopping Centre. Additional comments made at the January 4, 2011 Public Information Meeting have been addressed as follows: • concern that the proposed large grocery store will negatively impact other nearby food stores such as Sobeys and the food sales use in Walmart - the market analysis indicates that there is room in the market place to support additional food store space • a commitment to providing appropriate pedestrian connections should be secured as part of the zoning application process - the Specialty Retailing Node Development Guidelines are proposed to be amended incorporating requirements to provide appropriate pedestrian connections (see Appendix 1); pedestrian access/sidewalks will be identified in the site plan in accordance with the Development Guidelines and will be secured through the site plan agreement Report PD 30-11 October 3, 2011 Subject: Pickering-Brock Centre Inc. (A 7/10) Page 12 3.11 Zoning by-law to be finalized and forwarded to Council once traffic impact study is finalized The proposal is to amend the current "MU-SRN-1" Mixed Use Specialty Retailing Node One zone on the existing shopping centre, and extend the zone over the vacant portion of the site to allow the proposed shopping centre expansion. The vacant portion of the lands are currently zoned for light industrial uses. In accordance with staff and agency requirements noted above, the zoning by-law amendment would establish the following provisions: a) Maximum aggregate floor area for all uses of 35,820 square metres b) Addition of one food store use having a minimum floor area of 4,515 square metres c) Deletion of `vehicle sales or rental establishment' use and associated provisions d) Minimum unit size for a retail store use of 929 square metres e) Maximum aggregate floor area of 7,000 square metres for retail stores between 100 square metres and 929 square metres, of which a maximum of five retail stores can have floor areas between 100 square metres and 300 square metres f) Maximum aggregate floor area for all restaurant-type A uses of 3,000 square metres g) Minimum 4.2 parking spaces per 100 square metres gross leasable floor area h) Minimum building setback: 14.0 metres from Highway 401 and Brock Road 4.5 metres from private property lines 3.0 metres from Pickering Parkway • 5.0 metres from a stormwater pond i) "(H)" Holding provision on the stormwater pond lands, to be lifted once the property requirements of the future Notion Road overpass, and the need for a future stormwater pond are determined j) Restriction of drive-through facilities within 40 metres of Brock Road., Pickering Parkway and residential zones As noted previously, in order to ensure that the proposed expansion can be accommodated by the local road network, it is recommended that the zoning amendment application be approved, but that the implementing zoning, containing the provisions outlined above, only be brought forward to Council for enactment once the traffic impact study is completed to the satisfaction of the Region of Durham and the City. If required, an additional Holding provision would be included in the zoning by-law to phase development in accordance with the timing of planned improvements on Brock Road. Report PD 30-11 October 3, 2011 Subject: Pickering-Brock Centre Inc. (A 7/10) Page 13 4.0 Applicant's Comments: The applicant is aware of the recommendations of this report. Appendix: Appendix I: Draft Amendment to the Specialty Retailing Node Development Guidelines Attachments: 1. Location Map 2. Applicant's Submitted Concept Plan 3. Text of Information Report 4. Minutes from January 4, 2011 Statutory Public Meeting 5. Public Comments - Coco Paving Inc., dated December 30, 2010 6. Public Comments - 2126113 Ontario Ltd. (End of Roll), dated December 31, 2010 7. Public Comments - First Simcha Shopping Centres Limited, dated January 10, 2011 8. Agency Comments - Ministry of Transportation, dated September 22, 2010 9. Agency Comments - Durham Region Planning Department, dated October 14, 2010 and April 12, 2011 10. Agency Comments - TRCA, dated January 6, 2011 11. Agency Comments - Town of Ajax, dated November 2, 2010 12. Agency Comments - Development Control, dated November 2, 2010 13. Agency Comments - Engineering Services (Transportation), dated November 12, 2010 14. Agency Comments - Engineering Services (Water Resources and Environment), dated November 18, 2010 15. Letter from Bayfield Realty Advisors Inc., dated July 20, 2011 Report PD 30-11 October 3, 2011 Subject: Pickering-Brock Centre Inc. (A7/10) Page 14 Prepared By: Approved/Endorsed By: • f Deborah Wylie, IP, RPP Neil Carro i;( p RPP Senior Planner - Policy Director, Rg & Development ~l } Marg outers, MCIP, RPP Manager, Development Review & Urban Design DW:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickering C' ncil Tony Prevedel, P.Eng. Chief Administrative Officer Appendix I to Report PD 30-11 Draft Amendment to the Specialty Retailing Development Guidelines Draft Amendment to the Compendium Document to the Pickering Official Plan Draft Amendment to the Official Plan Compendium Document a Purpose: The purpose of this amendment is to amend the Specialty Retailing Node Development Guidelines to delete the reference to the number of large format food stores within the Node, and to add detailed design guidelines for lands south of Pickering Parkway (South Precinct). The amendment is related to Zoning Amendment Application A 7/10 by Pickering-Brock Centre Inc. to expand the Shops at Pickering Ridge shopping centre. Location: The subject lands are approximately 13.1 hectares in size, and include all of the lands within the Node south of Pickering Parkway, with the exception of the Canadian Tire property located at the southeast corner of Brock Road and Pickering Parkway. The lands are legally described as Part of Lots 17 and 18, Concession 1, and municipally known as 1755-1805 Pickering Parkway and 1842 Notion Road. Basis: The proposed South Precinct guidelines establish a comprehensive framework for guiding private development and investment within the precinct, while ensuring integration of new development with existing development. The framework provides direction and guidance for the overall design, pedestrian circulation and architectural and landscape treatment within the precinct. Amendment: The City of Pickering Official Plan Compendium Document is hereby amended by amending Section 11 Specialty Retailing Node Development Guidelines as follows: 1. Amending Table 1: Zoning Strategy for Permissible Uses in Specialty Retailing Node as follows: Deleting the second bullet point under the "Large format food stores" section which reads "one large format food store permitted within the Node". Amendment to the Pickering Compendium Document Page 2 2. Adding Section 11.6.2 South Precinct as follows: "11.6.2 South Precinct The South Precinct consists of all of the lands within the Specialty Retailing Node that are located south of Pickering Parkway, with the exception of the Canadian Tire property at the southeast corner of Brock Road and Pickering Parkway. The Canadian Tire lands may be added to this precinct, or as a separate precinct, at a future date through a further Council amendment. A tertiary plan has been prepared to provide guidance for the overall design and, architectural and landscape treatment within the precinct. Development and redevelopment proposals will have consideration for the following detailed design elements identified in this tertiary plan in addition to generic development standards outlined in Section 11.4 Development Standards. Vision The goal for the precinct is to create a cohesive retail centre, integrating new development with existing development, and providing for improved pedestrian connections and amenities throughout the centre and between precincts. Access/Entry Points The main access/entry points, as shown on the tertiary plan, reflect existing access points as well as proposed access points from Pickering Parkway. The proposed access points are aligned with public streets on the north side of Pickering Parkway (Beechcroft Drive and Marshcourt Drive). The functional aspects and precise locations of access/entry points are subject to the approval of the Region of Durham and the Ministry of Transportation for access from Brock Road, and the City of Pickering for access from Pickering Parkway. The access/entry points should feature an enhanced level of architectural detail, landscape quality, pedestrian and transit amenities and appropriate signage. Site and street furniture should be placed at strategic entry locations. Amendment to the Pickering Compendium Document Page 3 View Corridor Entry points (excluding service accesses) are potential view corridors, providing public views into the precinct. Where possible, view corridors should terminate in a view/focal point which can include buildings and/or appropriate features. Buildings and any portion of buildings that are visible from prominent access/entry points should be enhanced through architectural detailing, signage and pedestrian amenities. Loading areas, large refuse containers and other service facilities will not be permitted in view corridors. Primary Drive Aisles The primary drive aisles identified on the tertiary plan form the basis of a modified grid pattern within the precinct. In terms of design and function they are to be treated as `public streets' and include sidewalks / walkways and landscaping. Primary Pedestrian Walkways A network of primary pedestrian walkways will be provided, as shown in the tertiary plan, to facilitate and encourage safe pedestrian movement from public streets into the precinct, and between buildings within the precinct. The walkway network will allow for a safe environment for pedestrians and also create short walking distances between destinations. Storefront access sidewalks will be required to link to the parking areas allowing for possible patio use and pedestrian gathering. The surface treatment of storefront sidewalks should consist of varied textures of materials including concrete paving and/or decorative paving to provide safe and convenient access and paths of travel. Landscaping will be incorporated into pedestrian walkways where possible to define the walkways and buffer the pedestrians from vehicular traffic. Amendment to the Pickering Compendium Document Page 4 Storefront sidewalks should be a minimum of 1.8 metres wide. Access sidewalks linking to the parking areas should be a minimum of 2.0 metres wide. Pedestrian walkways which traverse vehicular areas should be delineated by line painting and a change in materials with decorative paving features wherever possible. Where permitted, queuing lanes for drive-through facilities will be located so as not to interfere with primary pedestrian walkways. Build-to-Zone Build-to-zones have been identified on the tertiary plan to illustrate the desirability of locating new buildings near major driving aisles and public roads. The intent is to frame the main entry points with built form that provides for an inviting pedestrian environment and provide focal points for the centre. Build-to-zones may be incorporated into implementing zoning by-laws. By-law provisions may require that, over time, a significant portion of the individual build-to-zone is occupied with a building face. If buildings are proposed outside of the build-to-zones, it must be demonstrated that their placement in the proposed locations will not prejudice opportunities for the construction of other buildings within build-to-zones. Built Form Built form should be diverse, varied in building envelope, incorporating changing roof lines and a variety of materials, and include architectural detailing to express corporate identity. Identity along Pickering Parkway will be achieved through architecture, particularly at main entry points. While individuality and variety are encouraged, unifying elements such as similar window treatments, varying planes of flat roofs, cornices, trellises, plinths and colour are essential to tie future developments with the existing development. Focal buildings at key points within the precinct should provide visual and urban design interest. Amendment to the Pickering Compendium Document Page 5 Storefront glazing along the building elevations and street front glazing are encouraged. Complementary architecture to the overall development should be incorporated where this glazing requirement cannot be achieved. Awnings, canopies and/or building overhangs should be provided in close proximity of entrances in order to provide shelter for pedestrians. To ensure consistency in material themes, a group of building materials should be established and used throughout developments in the precinct. Buildings adjacent to public roads and at entry points should have a building massing of a minimum of 2 storeys. Public/Private (Edge) Interface The boundary area of this precinct shall be designed to buffer and enhance the edge condition between the street and private properties. The buildings along the street edge should create a strong built form, reinforcing the primary street condition. Landscaping will complement the built form along Pickering Parkway and will be provided on a pedestrian and vehicular scale to screen the parking area on the site. Surface parking visible from Pickering Parkway will be screened by landscape treatment composed of a combination of hard and soft landscaping and will be incorporated wherever appropriate. The intensity of the landscape screening should become greater the closer to the major entrances or focal points along the street. The precinct is strategically located adjacent to the Highway 401 and Brock Road interchange. Innovative approaches to the design of rear elevations, rooflines and screening of rooftop mechanical units, flues, and vents are required to ensure upgraded views from Highway 401. Amendment to the Pickering Compendium Document Page 6 Parking The design of parking areas should relate to the retail frontages and be segmented into smaller row lengths that are book-ended by planted islands. Landscaping at internal parking islands should be used to soften the view of parked cars. Where parking islands are incorporated into the pedestrian walkway, a minimum 2.0 metre wide concrete walk should be provided where possible on the parking side of the planted boulevard. Parking islands and medians should incorporate soft and hard landscape treatment to create visually attractive areas. Where parking abuts the street, landscape features such as plants, trellises, low walls and berms should be incorporated to screen the parking and intercept car headlights. Special Design Requirements • Loading, service, and refuse areas should not be visible from Brock Road, Pickering Parkway, main access/entry points, view corridors, or principal parking areas • Loading and garbage areas should be screened with built form elements relating to the building and combined with landscaping where possible • Garbage enclosures should not be free-standing and should be located within buildings and constructed with a common material to the building facade • Lighting should be used throughout the site to enhance visibility, safety, pedestrian areas and to reinforce the architectural and landscape design • Any illumination for parking areas at the northern end of the precinct must be shielded such that the lighting does not intrude into the neighbouring residential area • Street furnishings should be strategically designed and placed to enhance the character and visual continuity of the development • All site furnishings including light poles and fixtures and bicycle racks should be co-ordinated and incorporate motifs characteristic of the development Amendment to the Pickering Compendium Document Page 7 • The streetscape should be designed to reinforce the urban condition and include pedestrian amenities such as sidewalks, furniture, landscaping, street trees, signage and easy access from the public sidewalk Notion Road Overpass Long term plans for Notion Road include a Highway 401 overpass, connecting Notion Road with Squires Beach Road. Development proposals in the precinct shall demonstrate that a future Notion Road overpass is not precluded by development approvals." 3. Adding Figure D: South Precinct Tertiary Plan as shown on Schedule I to this Amendment. 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City Information Report Report Number: 01-11 P `K I For Public Information Meeting of Date: January 4, 2011 I In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter PA 3 Subject: Zoning By-law Amendment - A 7/10 Pickering - Brock Centre Inc. 1755-1805 Pickering Parkway & 1842 Notion Road (Concession 1 South Part Lot 17, 18 Now 40R-20443 Part 1, 3, 5, 6, 7, 8, 9, 10, 11) City of Pickering 1.0 Property Location and Description • the subject lands are located immediately north of Highway 401, on the east side of Brock Road (see Location Map - Attachment #1) • the site is irregular in shape and has a total area of 13.07 hectares; The Shops at Pickering Ridge (formally Pickering Home and Leisure Centre) occupy approximately 9.5 hectares of the site and the remaining 3.57 hectares are vacant • a private stormwater facility and associated vegetation are located within the vacant portion of the lands • access to the shopping centre is from Brock Road and Pickering Parkway • the surrounding land uses are: north - Canadian Tire store; Walmart store, detached dwellings and . vacant lands on the north side of Pickering Parkway south - Highway 401 west - apartment buildings and retirement home on the west side of Brock Road east - a cemetery on the east side of Notion Road in the Town of Ajax 2.0 Applicant's Proposal • the applicant is proposing to amend the zoning by-law to permit a 9,230 square metre expansion of the shopping centre consisting of both stand-alone and multiple tenant buildings (see Applicant's Submitted Plan - Attachment #2) • the proposal includes the demolition of one of the four existing retail commercial buildings and the addition of seven new buildings for a total of ten buildings and a total gross floor area of 35,820 square metres the stormwater pond is proposed to be relocated to the eastern limit of the subject site ATI Information Report No. 01-11 3d-I1 Page 2 • in addition to the three existing access driveways (two off Pickering Parkway and one off Brock Road), two new driveways are proposed off Pickering Parkway (one opposite Beechlawn Drive and the other opposite Marshcourt Drive) • a total of 1,508 parking spaces are proposed for the entire development which represents a parking standard of 4.2 spaces per 100 square metres gross floor leasable area (gfla). A minimum of 1,000 parking spaces are currently required on the site which represents a parking standard of 3.75 spaces per 100 square metres glfa. The City of Pickering's typical parking ratio is 4.5 spaces per 100 metres glfa • the proposal also includes: • the addition of a food store use having a minimum floor area of 4,515 square metres • increasing the maximum aggregate floor area to 7,000 square metres for retail stores between 100 square metres and 900 square metres in size • decreasing the minimum unit size for a retail store from 1,400 square metres to 929 square metres and • increasing the maximum aggregate floor area for all restaurants - Type A to 3,000 square metres 3.0 Official Plan and Zoning 3.1 Durham Regional Official Plan • the Regional Plan designates the subject property "Living Area" • the predominant use of lands designated in "Living Areas" is to be housing but limited retailing of goods and services in appropriate locations may also be permitted • the Plan also states that Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads • portions of the subject lands are identified as containing a "Key Natural Heritage and/or Hydrologic Feature" requiring that any proposal for development or site alteration shall demonstrate that there will be no negative effects on key natural heritage or hydrologic features or their functions (the status of the key feature(s) requires confirmation) • the subject property abuts Pickering Parkway and Notion Road, which are both designated as Type C Arterial Roads, and Brock Road, which is designated as a Type A Arterial Road • Brock Road is also designated as a Transit Spine where adjacent development is to provide for complementary higher density uses and buildings oriented towards the street • the proposal appears to comply with the Durham Regional Official Plan Information Report No. 01-11 I---T~ Page 3 3.2 Pickering Official Plan • the City of Pickering Official Plan designates the subject lands as "Mixed Use Areas - Specialty Retailing Node" • permissible uses within the "Mixed Use Areas - Specialty Retailing Node" designation include, among others, special purpose commercial uses such as large format retailers (including large format food stores and large format discount stores), theme and/or specialty retailers, ancillary retailing of other goods and services including restaurants, and limited offices • a potential Underpass/Overpass is indicated on Schedule II - Transportation System connecting Notion Road with Squires Beach Road south of Highway 401 • the subject lands are within the Village East Neighbourhood of the Official Plan • Council has adopted the Specialty Retailing Node Development Guidelines for lands at the northeast corner of the Highway 401/Brock Road interchange which includes the subject lands as well as the First Simcha Shopping Centre lands located to the north • the proposal will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the application 3.3 Specialty Retailing Node Development Guidelines • the Specialty Retailing Development Guidelines adopted by City Council in 1999 establish guiding principles to assist Council in the review of development proposals and the preparation of zoning by-laws in this area • notable urban design objectives stated in the Guidelines include: • the creation of cohesive and unified development which fits the surrounding context through an appropriate mix of uses, massing, scale and architectural detailing • attention to the public realm through building placement and thetreatment of spaces between buildings • accommodation of both pedestrians and vehicle traffic, and • siting and designing building within development blocks that are capable of adapting overtime • through the rezoning and site plan approval process the proposal will be reviewed with regard to the principles contained within the Specialty Retailing Development Guidelines 3.4 Zoning By-law 3036 • the lands currently occupied by the shopping centre are zoned "MU-SRN-1 Mixed Use Specialty Retailing Node One in Zoning By-law 3036, as amended by By-law 6549/05, which permits a range of commercial and office uses • the vacant portion of the site is zoned "M1" - Storage & Light Industrial by By-law 3036 • the proposal is to amend the zoning by-law to extend the "MU-SRN-1" zone over the entire site to permit the expansion of.the shopping centre as described in Section 2.0 Information Report No. 01-11 - To Page 4 3G-iI 4.0 Results of Circulation 4.1 Resident Comments • none received to date 4.2 Agency Comments • the following agencies have no objection to the application subject to certain conditions (see Attachments #3, #4 & #5) • Region of Durham • Ministry of Transportation • Town of Ajax 4.3 City Department Comments • the following departments have no objections to the application subject to certain conditions (see Attachments #6 to #9) • Development Control • Engineering Services and Operations & Facilities • Engineering Services, Transportation Engineer • Engineering Services, Senior Water Resources & Environmental Engineer 4.4 Staff Comments • in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • the functional layout and internal pedestrian/vehicular circulation of the proposed development, including parking requirement and layout, ingress/egress, pedestrian accessibility, traffic generation and patterns, streetscape and landscaped areas and features • the compatibility of the proposed development with the existing adjacent residential area • consistency with the Specialty Retailing Node Development Guidelines • the future Notion Road overpass and how it may affect the proposed entrance opposite Marshcourt Drive; the proposed relocation of the stormwater management pond to the northeast corner of the subject site, the current alignments of Pickering Parkway and Notion Road, and the extent and limit of the widening of Notion Road • Toronto Region Conservation Authority approval of the stormwater management plan • a new Phase 1 Environmental Site Assessment is required for the entire subject lands • evaluation of the plan's sustainable development components . ij TO Page 5 Information Report No. 01-11 36 5.0 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 Council or a Committee of Council • any member of the public who wish to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal • any member of the public who wish to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 6.0 Other Information 6.1 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 6.2 Information Received • copies of the plans and studies listed below are available for viewing at the offices of the City of Pickering Planning & Development Department: • Archaeological Assessment (Stages 1 & 2) prepared by Archaeologix Inc., dated July 2007 • Planning Justification Letter prepared by Zelinka Priamo Ltd., dated June 22, 2010 • Sustainability Development Report prepared by Zelinka Priamo Ltd., dated July 9, 2010 • Market Analysis prepared by urbanMetrics Inc., dated March 10, 2010 • Phase 1 Environmental Site Assessment - Pickering Annex, Final Report prepared by Jacques Whitford, dated January 24, 2006 • Environmental Report, 1842-1856 Notion Road prepared by Beacon Environmental, dated April 2008 • Stormwater Management Report prepared by Sernas Associates, dated October 2007 • Urban Design Brief prepared by Turner Fleischer & Ron Koudys, Landscape Architect, dated June 23, 2010 • Traffic Impact Study prepared by LEA Consulting Ltd., dated July 2010 Information Report No. 01-11. it Page 6 6.3 Company Principal Frank Guiliani is the contact at Pickering - Brock Centre Inc. Harry Froussios of Zelinka Priamo Ltd. is the authorized agent for Pickering - Brock Centre Inc. ORIGINAL SIGNED By PRIGINAL SIGNED BY Deborah Wylie, MCIP, RPP Marg Wouters, MCIP, RPP Senior Planner - Policy Manager, Development Review & Urban Design DW Ad Attachments Copy: Director, Planning & Development Appendix No. I to Information Report No. 01-11 Commenting Residents and Landowners (1) none received to date Commenting Agencies (1) Region of Durham (2) Ministry of Transportation (3) Town of Ajax Commenting City Departments (1) Development Control (2) Engineering Services and Operations & Facilities (3) Engineering Services, Transportation Engineer (4) Engineering Services, Senior Water Resources & Environmental Engineer :r At' ..m.e... Crry oo J Planning & Development Committee Meeting Minutes Tuesday, January 4, 2011 7:30 pm - Council Chambers Chair: Councillor Ashe 1. Zoning By-law Amendment -A 7/10 Pickering-Brock Centre Inc. 1755-1805 Pickering Parkway & 1842 Notion Road (Concession 1 South Part Lot 17, 18 Now 40R-20443 Part 1 3 5 6 7 8 9 10, 11). City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Deborah Wylie, Senior Planner - Policy, gave an overview of zoning amendment application A 7/10. Harry Froussios of Zelinka Priamo Ltd. appeared on behalf of the applicant in support of the application. He noted the rezoning of the vacant lands will enhance the existing shopping centre, allow it to remain more competitive and would provide for a more modern look. A question and answer period ensued. Avi Zucker, Smart Centres appeared before the Committee on behalf of First Simcha, 1899 Brock Road. She advised that they had recently received the completed reports and studies submitted in support of the application and were reviewing them, anticipating written comments to be provided to the City by January 10th No members of the public spoke in support or opposition to the application. A letter was received from Coco Paving Inc., located at 77 Orchard Park Road Ajax dated December 30, 2010, noting a number of issues it requested be taken into consideration during the processing of the application and also requesting notification of all future meetings and decisions of Council respecting this matter. A letter was received from 2126113 Ontario Ltd., operating as End of the Roll, within the shopping centre, dated December 31, 2010 expressing concerns with the impact of this application on their business and to request that their concerns be taken. into consideration before final approval is given on this application. 2 L T f 1 y' J1 I.Coco Paving Inc. City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario. L1V 6K7 December 30th, 2010 To: Debbie Shields, City Clerk Attention: Deborah Wylie, Senior Planner Re: Public Meeting, January 4th, 2011 File: Zoning By-law Amendment Application -A 7/10 We are writing with respect to the above noted application to permit the expansion of the Shops at Pickering Ridge. By way of this letter, we ask to be notified and sent copies of all future public meetings and/or decisions made by the City. Coco Paving Inc. is located at 77 Orchard Road, in the Town of Ajax which is just to the east of the proposed development. Coco Paving Inc. shares access to their site with San Pedro Developments Inc. off of Notion Road. We are located in an area where we have done business at this location for many years (previously Lafarge). We understand the January 4th meeting is for consideration of a Preliminary Report A 7/10, for the development of a 9,230 square metre expansion of the shopping centre. The proposal includes locating a stormwater pond to the eastern limit of the subject site. There are a number of issues we wish the City take into consideration during the processing of the application. Coco Paving Inc. 949 Wilson Ave. Toronto, ON M3K 1 G2 Main: (416) 633-9670 Fax: (416) 1 633-4959 K f Should the proposed uses be located in such close proximity to our existing operation, the development must take into consideration: 1) Appropriate berming and/or landscape treatment or other methods to satisfy the City and the MOE with regards to any potential impacts such as noise or dust, given our existing operation and the proximity of the proposed expansion; 2) Incorporating appropriate setbacks along the eastern portion of the site; 3) The stormwater pond along the east side of the site can be further enhanced with trees to increase buffering opportunities; 4) The proposed development must take into consideration the possible Notion Road overpass and any implications it may have. We look forward to working with staff to address our issues during the processing of this file. Should you require additional information or have any questions, please do not hesitate to contact Anthony Rossi at 416.633.9670 extension 1063 or by e-mail at arossiCcD-cocogroup.com. Sincerely, Jenny Coco CEO Coco Paving Inc. 949 Wilson Ave. Toronto, ON M3K IG2 Main: (416) 633-9670 Fax: (416) 2 633-4959 2126113 ONTARIO LTD. OP. AS: END OF THE ROLL 1805 / D3 PICKERING PARKWAY PICKERING, ON L1V 6K5 December 31, 2010 To, The City Of Pickering Planning & Development Department Pickering, ON Kind Attention: Ms. Deborah Wylie / Senior Planner Policy Dear Deborah, This has reference to the planning approval sought by Pickering Brock Centre Inc. / Pickering Design Center for the development and construction on the land that is available at their existing property at the East of Brock Road and South of Pickering Parkway. We truly appreciate your sharing with us their drawings, those are supposed to be part of their development plans. As you are aware that we are an existing tenant / stakeholder in the subject property operating from the retail outlet stated as "Retail D" adjacent and just North of STAPLES (132). It is thus a matter of strategic interest for us to also know in detail as to what these plans would be in detail, to ascertain the impact it would have on our business. From the drawing (of TURNER FLEISCHER ARCHITECTS INC.) 6037-A1-64 that has been submitted for this process: 1. There is a plan for a new construction proposed as RETAIL 'H' right South West to our location. 2. The existing Retail D (Part D2 where we exist) is being proposed to be cut and divided to multiple retail outlets. 3. There is proposal to build new parking lots for 173 vehicles and 262 vehicles right in North East and North of our existing location. These above refereed proposals if carried on, certainly impacts our exiting business; the severity of the impact could depend upon how these are planned and how the developer / landlord takes in to account the influence these would have on the exiting stakeholders and resolve them. The landlord has not shared any of these plans or their intended schedule with us. We therefore request you to kindly understand our situation and record our desire that it is obligatory for the landlord/ developer to satisfy all the stakeholders in black and white, particularly those who would be directly impacted before getting a final approval on these plans. There is need to ensure that we as small businesses sustain through these tough economic times that create direct and indirect employment to this Pickering community. Thanks very much, FOR END OF THE ROLL, HARANDER SOKHI First Simcha Shopping Centres Limited 700 Applewood Crescent, Sufte 100, Vaughan, Ontario L4K 5X3 Telephone (905) 760- 6200 Fax (905) 760-6201 January 10, 2011 The Corporation of the City of Pickering Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 Attention: Debbie Shields City Clerk RE: Zoning Amendment Application-A 7/10 Pickering- Brock Centre Inc. Dear Ms. Shields: We are the owners of the shopping centre located at 1899 Brock Road. The centre is developed with a variety of retail uses including a Wal-Mart, Lowes, Sobeys and a range of retail and service commercial uses. We have become aware of the Zoning By-Law Amendment application (File A7/10) filed by the owners of the Pickering-Brock Centre located at 1755-1805 Pickering Parkway and 1842-1856 Notion Road. We requested copies of the supporting studies filed with the application. We appreciate City staff providing us with the requested materials. We further made representation at the statutory public meeting held on January 7, 2011. As we indicated at that meeting, we would undertake to review the material and provide comments to the municipality. Accordingly, the following provides our initial comments on the proposed zoning by-law amendment application. Traffic The traffic impact study ("TIS"/prepared by Lea Consulting) assumes Brock Road will be widened in the future background traffic conditions. The report states that the "Region of Durham is in Phase 5 of a Municipal Class Environmental Assessment for the widening of Brock Road from 5 to 7lanes. Given the operational constraints experienced at the intersection under the existing traffic conditions and that the planning work has been completed for the widening, it has been determined that it would be appropriate to include the widening as part of the future background traffic conditions." It is our understanding that the timing for these road improvements has not been confirmed. Given the current operating levels of the Brock Road/Pickering Parkway intersection and Brock Road where it exists as 5 lanes today and as outlined in the TIS; it is apparent that these improvements will need to be in place to accommodate the additional uses/expansion of the Pickering-Brock Centre. In our opinion, consideration should be given to the requirement of these road improvements being in place prior to any additional permissions granted to the Pickering-Brock Centre. At a minimum, financial commitments should be secured to ensure the road improvements can proceed as required. Further consideration should also be given to the adequacy of the proposed parking ratio and if the ratio is sufficient for the proposed uses (i.e. a food store and restaurants). It may be necessary to provide specific ratios based on uses to ensure there is an adequate parking supply. Market Analysis: We have received both the market analysis prepared by UrbanMetrics and the peer review conducted by Malone Given Parsons. We have some initial concerns related to an additional food store entry into this market by 2012 and the request for additional small store units as part of the centre and the extent of impact on the market. We require some additional time to complete our review of the market analysis to ensure any concerns can be addressed. A meeting with staff and/or the consultants may be necessary in this regard. In conclusion, there appear to be initial concerns with this proposal and it's timing of 2012, both in terms of the required road improvements and the market place. Should this proposal proceed; both staff and Council should structure a zoning by-law with appropriate time triggers for development related to the road work improvements being in place and the ability of the market place to accommodate this additional development. We will proceed to contact staff to discuss any further concerns we have. We appreciate time sensitivities and will endeavor to address this matter immediately. Thank you for the opportunity to provide,our comments on this proposed application. Should you have any questions, please do not hesitate to contact me. Regar sLhichi O a Senior Vice-President, Land Development 905.760.6200 x 7646 OR;vdp CC. Deborah Wylie, Senior Planner- Policy, City of Pickering Robert Blacklock, Calloway REIT 2 1. 0 Minlsuy of Transportation Ministdrs dos Transports r~I Central Region Region du Centre Corridor Management Section Section do gestion des couloirs rouliers / s 7N Floor. Bldg. D 7' etage, edifice D • 1201 Wilson Avenue 1201, avenue Wilson Ontario Downsvww, ON M3M 1J8 Downsvlew, ON M3M US Tel.: 416-235- T61.: 41&235- Fax.: 416-2351267 T616o.: 416.2354267 September 22, 2010 Deborah Wylie, Senior Planner Planning and Development Department City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario UV 6K7 Re: Zoning By-law Amendment Application Pickering-Brock Centre 1755 & 1805 Pickering Parkway & 1842-1856 Notion Road Concession 1, Part Lot 17, 18 Highway 401, City of Pickering, Region of Durham Dear Ms. Wylie: The ministry has completed its review of the above Zoning By-law Amendment Application and offers the following Comments. The applicant should be made aware that Ministry building/land-use permits are required prior to any grading or construction taking place on these lands that are within the Ministry' Permit Control. This Ministry will require a minimum 14m setback from the Highway 401 right-of-way to any new buildings/structures above and below ground. Further, any feature deemed essential to the operation and viability of the site (including parking spaces required by municipal by-law, fire routes; driveway aisles, loading docks and access to loading docks, garbage access, underground structures, municipally assumed/private roads and/or servicing, stormwater management pond access roadway, etc.) must be setback a minimum of 14 metres from the Highway 401 right-of-way. The driveway aisle shown Immediately adjacent to the Highway 401 Right-of-Way in this proposal within the 14m setback, should be relocated outside the 14m setback if it is essential to the operation and viability of this development. Stormwater Manaement Facilities, such as the etormwater pond access, should also be located outside the 14m setback. Any parking shown within the 14m setback must be surplus to the site requirements and so noted on the Site Plan. In general, the applicant should be made aware that no direct access shall be permitted to Highway 401. All access shall be via the existing internal municipal streets. As part of the permit application process, prior to the issuance of any permits, the applicant will be required to submit a Traffic Impact Study indicating the existing and future projected traffic volumes and patterns as it impacts the Highway 401 and Brock Road Interchange, for this Ministry's review and approval. The applicant will also be required to submit full scale (1:500) site plans, site servicing and grading plans and detailed storm-water management plans and reports indicating the changes in drainage run-off caused by the developments, and the intended treatment of this calculated runoff as it impacts on the Highway 401 Right-of-way, for this Ministry's review and approval, Illumination Plans and details will also need to be reviewed and approved by this ministry. Ali Plans should dearly show the Highway 401 Right-of-Way and the 14m setback. The Ministry will provide more detailed comments when a formal site plan is submitted. Further information on our Building and Land Use Permit requirements is available from our office by contacting Mr. Ken Sherbanowski, Permits Officer (416-235-5560) at the above-captioned address. Sign permits may be required as well. Yours Truly, r Graham D. Routledge (416) 235-4256 Corridor Management Technician q 3o I October 14, 2010 E IV ED Deborah Wylie, Senior Planner - Policy Planning & Development Department 5 2010 City of Pickering ou • One The Esplanade OF pICKERING Pickering ON L1 V 6K7 CITY & DEVELOPMEMY DEPARTMENT Dear Ms. Wylie. The Regional Municipality Re: Zoning Amendment Application A07/10 of Durham Applicant: Pickering Brock Centre Inc. Planning Department Location: 1755 & 1805 Pickering Parkway, 1856 -1842 Notion Road 605 ROSSLAND ROAD E 4-" FLOOR South Part of Lot 17 &18, Concession 1 PO BOX 623 Municipality: City of Pickering WHITBY ON L1 N 6A3 CANADA 905-668-7711 The Regional Municipality of Durham (The Region) has reviewed the above Fax: 905-666-6208 noted application and offers the following comments for your consideration. Email: plan ning@durham. ca www.durham.ca The purpose of this application is to amend the zoning by-law on the subject lands to permit the expansion of an existing shopping centre with additional A.L. Georgieff, MCIP, RPP commercial uses. The expansion includes the reconfiguration of one existing Commissioner of Planning building and the addition of several new buildings, both in the existing developed portion of the lands and in the vacant portion. Regional Official Plan The subject lands are currently designated `Living Area' in the Durham Region Official Plan (ROP). The ROP states that Living Areas shall be used predominantly for housing purposes. The ROP also states that limited retailing of goods and services, in appropriate locations, may be permitted in Living Areas, and states that Living Areas shall be developed in a compact form through higher densities and by intensifying and redeveloping existing areas, particularly along arterial roads. Portions of the subject lands are identified as containing a "Key Natural Heritage and/or Hydrologic Feature", as per Schedule B - Map B1d in the ROP. The ROP states that any proposal for development or site alteration shall demonstrate that there will be no negative effects on key natural heritage or hydrologic features or their functions. A Scoped Environmental Impact Study, prepared by Beacon Environmental and dated April 2008, was submitted with this application. The report concludes that the proposed development would result in the loss of small areas of woodland, marsh wetland and cultural meadow on the subject property. The report also states that mitigation measures have been identified that support the City of Pickering Design with Nature policies. It is suggested that the City of Pickering obtain comments from the Toronto and Region Conservation Authority regarding the study. "Service 6Wence -forWr Communities" ~Q 100% Post Consumer Page 2 The subject property abuts Pickering Parkway and Notion Road, which are both designated as Type 'C' Arterial Roads, and Brock Road, which is designated as a Type 'A' Arterial Road, in the ROP. Brock Road is also designated as a Transit Spine in the Durham ROP. Development adjacent to Transit Spines shall . provide for complementary higher density uses and buildings oriented towards the street. The proposed amendment is consistent with the Region's policies stated above. Provincial Policies & Delegated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. Potential Site Contamination A Phase I Environmental Site Assessment (ESA), dated January 24, 2006 and prepared by Jacques Whitford Inc., was submitted with this application, despite the fact that the Screening Questionnaire for Identifying Potentially Contaminated Sites did not identify any potential contaminants. The report concluded that there was no evidence of potential environmental contamination associated with the subject site. The scope of the above ESA, however, included only the developed portion of the subject lands with the civic address of 1755 & 1805 Pickering Parkway. It did not include the undeveloped portion of the subject site with the civic address of 1856 -1842 Notion Road. Further, the Archaeological Assessment detailed below identified that the undeveloped portion of the subject property contained industrial fill, including one industrial building foundation and some shed debris, as well as soil full of old tires. Due to the age of the above ESA, and the contradictory information provided by the Site Screening Questionnaire and the Archaeological Assessment report, the Region requires that a new Phase I ESA be completed for the entire subject lands covering the municipal addresses of 1755 & 1805 Pickering Parkway, and 1856 -1842 Notion Road. Also, in accordance with Regional procedures, a Reliance Agreement Letter and Certificate of Insurance are to be submitted with all Phase 1 ESAs and prior to the Region relying on the information. Archaeological Potential A Stage 1 and 2 Archaeological Assessment report, dated July 2007 and prepared by Archaeologix Inc., was submitted with this application. The scope of this report included the undeveloped portion of the subject lands, but not the developed portion. This report found no archaeological resources, and has been filed with the Ontario Ministry of Culture for their review and acceptance. Realonal Services Municipal water supply and sanitary sewer service are available to the subject property. The Regional Works Department has no objection to the above application. Page 3 Durham Region Transit & Transportation Durham Region Transit (DRT) operates two bus routes, the 108 and 122 services, on Pickering Parkway in the vicinity of the subject property. A bus stop is currently located on the south side of Pickering Parkway, where the proposed major access to the site will be located. As a result, DRT will relocate the bus stop approximately 20 metres to the west of the current location. The new bus stop should include a hard surface adjacent to the roadway, a transit shelter and a hard surface connection to the sidewalk along the south side of Pickering Parkway. When the current bus stop needs to be relocated, it is suggested that an on-site meeting be held between appropriate Pickering and DRT staff to finalize the new bus stop location. Please contact David Perkins at 905-668-4113 ext. 2571 should you have any questions or require additional information. Yours truly, Vannit a Chanthavong, MCIP, RPP Planner Current Planning cc: Regional Works Department - Pete Castellan Durham Region Transportation Planning - Amjad Gauhar Durham Region Transit - Martin Ward 9 3o- I I _ April 12, 2011 r - Deborah Wylie, Senior Planner - Policy RECEIVED Planning & Development Department City of Pickering APR 14 2011 The Regional One The Esplanade Municipality Pickering ON L1V 6K7 CITY OF PICKERING of Durham PLANNING DEPARTMENTPMENT Planning Department Dear Ms. Wylie: 605 ROSSLAND ROAD E Re: Possible Future Notion Road/Squires Beach Road overpass 4'-'FLOOR PO BOX 623 File: A07/10 WHITBY ON L1 N 6A3 Applicant: Pickering Brock Centre Inc. CANADA Location: 1755 & 1805 Pickering Parkway' 1856 - 1842 Notion 905-668-7711 Fax: 905-666-6208 Road Email: planning@tdurham.ca South Part of Lot 17 8:18, Concession 1 www.durham.ca Municipality: City of Pickering A.L. Georgieff, MCIP, RPP The Regional Municipality of Durham (The Region) has reviewed the above Commissioner of Planning noted possible future overpass and its implications on the above noted application and offers the following comments for your consideration. A bridge connecting Notion Road to the north and Squires Beach Road to the south over Highway 401 is designated as a Type C Arterial road in the Durham Region Official Plan. The connection was also illustrated for the Durham Region Transportation Master Plan, dated November 2005. Protection of lands to accommodate the future grade separation over Highway 401 needs to be reflected in a future site plan application for the subject property. Please contact David Perkins at 905-668-4113 ext. 2571 should you have any questions or require additional information. ..t Yours trul -~~(-Vannitha Chanthavong, MCIP, RPP Planner Current Planning "Service ExoWlence forour Comroetnifies" 100% Post Consumer A 30 1 l )C5hSM&FVY io "y-~ n for The Living City January 6, 2011 CFN 43477.05 X-REF CFN 37404.09 VIA MAIL AND EMAIL (deborahwylie@cityofpickering.coml X.-REF CFN 39878 B Ms. Deborah Wylie City of Pickering 1 The Esplanade Pickering ON L1 V 6K7 . Dear Ms. Wylie: Re: Zoning By-law Amendment Application A 7/10 On lands municipally known as 1755-1805 Pickering Parkway and 1842-1856 Notion Road (Pickering - Brock Centre Inc.) Staff at the Toronto and Region Conservation Authority (TRCA) have now had an opportunity to review the appliCation. captioned above and wish to provide the following detailed comments: Purpose of the Application We understand that the purpose of the application is to amend Zoning By-law 3036, as amended to permit a proposed expansion of The Shops at Pickering Ridge. Previous TRCA Review and Approvals Initial consultations undertaken between the Owner and TRCA with respect to the proposed expansion of the existing retail uses began in the fall of 2006. During the initial consultation period, TRCA staff identified the presence of the Regional Storm Flood Plain associated with the Duffins Creek on portions of the subject lands and the presence of existing mature vegetation. To respond to these issues the Owner prepared and submitted for TRCA review i the following reports: • Flood Plain Management Letter Report, prepared by Sernas Associates, dated November 27, 2006; and, • -an Environmental Report, prepared by Beacon Environmental, dated April 2008. Flood Plain Management With respect to the Regional Storm Flood Plain, the letter report demonstrated to the satisfaction of TRCA, subject to detailed design, that the proposed development can safely provide flood plain storage necessary to contain the Regional Storm flood volumes that would- otherwise spill laterally over the lands and preclude development. Specifically, the proposed flood plain management solution responded to the unique flood plain characteristics on the site: the flood plain on the site was considered to be unusually wide,. the depths.of flooding were shallow and flooding was infrequent. The proposed solution demonstrated at a conceptual level that two key criteria could be met through detailed design: FAHome\Public\Development Services\Durham Region\Pickering\1842'Notion_1.wpd Member of Conservation Ontario 5 Shoreham Drive, Downsview, Ontario WN 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca , .3o l l Ms. Deborah Wylie -2- January 6, 2011 1. That there will be no upstream or downstream impacts to the control of flooding as a result of changes to flood storage and conveyance characteristics; and, 2. That the proposed amount of fill on the site within the flood plain will be offset by -a corresponding cut (or depression). Careful evaluation of the existing flood plain characteristics, the Flood Plan Management Letter Report and the conceptual development design, satisfied TRCA that the proposal for an oversized stormwater management facility to be located at the eastern limits of the subject lands could adequately provide for the storage and conveyance of flood waters and meet the tests of the Conservation Authorities Act for development. In 2007 the Owner made an application with TRCA pursuant to Ontario Regulation 166/06, to conduct initial grading and pre-loading of fill on to the subject lands in anticipation of development. On April 11, 2008 the TRCA Executive Committee approved the application. TRCA Permit No. C-08364 to permit the initial grading of the site and pre-loading of fill was issued shortly thereafter. Environmental Report The Environmental Report submitted to TRCA in 2008 discussed mitigation approaches to respond to the existing mature vegetation that was present on the subject lands. The report recommended that "off site enhancement or restoration opportunities be identified" in addition to post construction landcaping within the development footprint and a naturalization planting plan for the proposed stormwater management pond. The issue of appropriate off site enhancement and restoration is unresolved at this time. TRCA staff intend to request that appropriate off site enhancement and restoration of a nearby natural area or feature be made a requirement of a future Site Plan Development Agreement for the subject lands. Should a holding provision be proposed for this zoning by-law amendment application, we request that the release of the holding symbol be contingent upon resolution of this issue. Specific Comments For Amendment Application A 7/90 As noted above in the Flood Plain Management section, the principle of development on this site, as- it relates to the flood hazard, is premised upon an acceptable stormwater management .facility that can 'store' flood waters during the event of an extreme flood. The stormwater management pond configuration must be adequately designed and its footprint must be fixed to ensure that the flood plain management function is secured for the long-term. To this end, we offer the following specific comments: 1. We request that the amendment zone the stormwater management pond footprint within an 'Open Space' category, which would fix the size and location of the pond and preclude future development of the stormwater management pond footprint. ..2. The long-term location of the stormwater management pond must be determined at this time. Any future land requirements that might affect the siting of the pond with respect to widening of Notion Road and the proposed Highway 401 overpass must be FAHomeTublic0evelopment ServicesTurham Region~Pickering\1842 Notion_l.wpd /o ,36-// Ms Deborah Wylie -3= January 6, 2011 determined so that the pond footprint is established with long-term certainty. 3. The Ministry of the Environment's Stormwater Management Planning and Design Manual recommends that the maximum side slopes for stormwater management ponds should be 3:1. We note that the plans submitted indicate that, in some locations, the .side slopes of the pond are 2:1. We request that the design be revised to provide for a maximum 3:1 side slope. 4. Further to comment no. 3, the maximum length-to-width ratio of a pond is 3:1. We request that the design be revised accordingly. 5. We request that the Owner provide a flood impact assessment to reconfirm and demonstrate how the subject property will not adversely impact flood plain elevations on adjacent properties. The assessment must summarize existing and proposed flood conditions, include a detailed hydraulic assessment, as well as the cut/fill balance calculations. The results of the cut/fill balance should be summarized in the report. 6. Should a holding provision be proposed for this zoning by-law amendment application, we request that the amendment include provisions that require the release of the holding-symbol to be contingent upon resolution of an agreement between the City of Pickering, TRCA and the Owner for appropriate off site enhancement and restoration. We trust that these comments are satisfactory. We request that the numbered comments above be addressed before the proposed amendment is presented to Council for passage. Please contact the undersigned if you have any questions or concerns. Yours truly, Chris Jones, MCIP, RPP Senior-Planner Planning and Development Extension 5718 CJ/ cc: Harry Froussios, Zelinka Priamo Ltd. (via email only: zp@zpplan.com) Steve Heuchert, TRCA (via email only: sheuchert@trca.on.ca) FAHome\Public\oevelopment ServicesOurham Region\Pickehng\1842 Notion_1.wpd /f ♦ v( Planning & TOWN OF AJAX Development Services 65 Harwood Avenue South By the Lake Tel. 905-683-4550 Fax. 905-683-0360 Ajax ON L1S 2H9 www.townofajax.com November 2nd, 2010 City of Pickering Planning & Development Department One The Esplanade Pickering, Ontario, Canada L 1 V 6I<7 Attention: Deborah Wylie RE: The Shops at Pickering Ridge (Proposed Expansion) Town staff have reviewed the application and supporting documentation for The Shops at Pickering Ridge expansion proposal. Our Engineering Department had the following comments: 1) The consulting engineer for the owner must ensure they are using the most current regional flood model for this area of Duffins Creek. The consultant must contact TRCA to verify. 2) The displacement of the regional flood plain as described in section 3.1 of the stormwater management report must reviewed and approved by the TRCA. 3) In section 2.2 and 4.2.3 of the SWM report the existing storm sewer was designed for the minor event only (based on Appendix B). The major event would be overland. 4) Section 4.2.3 of the SWM report should reference section 2.1, 3.1 and 4.1.1 for floodplain management. Quantity control is required for displacement of the regional storm volume. 5) Table 1.1 should be revised to include the regional event. 6) Please forward TRCA comments. Or1,i~t': l ir.~. t,~,(1, 7v0~J~1 (,Ltrq,~;i,ltr l . 3v- II Please note that a portion of this development maybe within the Regional Flood Plain. Please verify with TRCA for regional flood limits. Landforms have been established in the Town of Ajax and the City of Pickering in this area to help with the management of regional storm events. Any negative disturbance in this sensitive flood management balance could create future private and public property damage due to flooding during a regional event. Overall, Town of Ajax Planning Staff have no significant objection to the proposed expansion of the shopping centre. However, this expansion will inevitably result in increase traffic along Notion Road and therefore the Town would like to see the condition of Notion Rd. improvement from the intersection of Notion Rd. and Pickering Parkway south to the dead end. We have attached pictures of the current road condition for your information. Town of Ajax staff would like to thank you for the opportunity to review The Shops at Pickering Ridge expansion proposal and we would appreciate being kept apprised of future developments with this project, especially regarding Notion Rd. Sincerely, Edward Terry, Policy Planner Town of Ajax, Planning and Development Services T: 905.619.2529 x3234 I F: 905.686.0360 E: Edward.terry@townofajax.com ( 7(ri;f;ii f7 r,.:1; IvO. +171)1.1 (1 t, E~: irfi i~ li_!l!'NU1,_:'t V( . 7 w 1 ,N a ti. Q y 0 3 fir.. C Y, V n N a ` k co + ~ a } co AV °~?Y r n 1 fi 3 j~ - 4 t~ i a F 5 t. to 1, 'R }A! 1+ v 1 , t m tf: zs E t X x ti € ~ 4 5 _ a r t t~ f ~ ~ o ♦rfi 3& f City o~ I I I 1 PI KERI Memo To: Deborah Wylie November 2, 2010 Senior Planner - Policy From: Robert Starr Manager, Development Control Copy: Inspector, Development Control Subject: Zoning By-law Amendment Application A07/10 Pickering-Brock Centre 1755 & 1805 Pickering Parkway & 1842-1856 Notion Road (Concession 1 South Part Lot 17, 18 Now 40R-20443 Part 1, 3, 5-11) City of Pickering We have reviewed the latest submission for the above-mentioned application and our comments are as follows: Property Survey by Speight, Van Nostrand & Gibson Limited, dated May 29, 2005 1. No specific comments. Site Plan by Turner Fleischer dated April 15, 2010 1. No specific comments. Environmental Report, 1842-1856 Notion Road by Beacon Environmental dated April 2008 1. Ensure that notes as stated in Section 11.1 Monitoring are included on the engineering . plans provided for Site Plan Application. Final Phase 1 Environmental Site Assessment - Pickering Annex by Jacques Whitford, dated January 24, 2006 1. No specific comments. Traffic Impact Study by LEA Consulting Ltd., dated July 2010 1. Based on the recommendations presented in Section 7.0 Conclusions, a Line Painting Plan will be required at the Site Plan Submission stage. 2. This report should address the possible Notion Road overpass and how it may affect the entrance opposite Marshcourt Drive. is Traffic Impact Study cont'd. 3. The proposed overpass could potentially impact the location of the stormwater management pond. Notion Road will be required to be widened. 4. The overpass may have an impact on the current alignment of Pickering Parkway. The length of the overpass should be examined to determine the exact location of the north limit of the required works. Sustainab.ility Development Report by Zelinko Priamo Ltd., dated July 9, 2010 1. No specific comments. Site Grading Plan by Sernas Associates, dated March 2009, Revised March 2010 1. No specific comments. Site Servicing Plan by Sernas Associates, dated March 2009, Revised March 2010 1. A detail of the connection to the storm sewer on Pickering Parkway will be required at Site Plan Submission stage. Construction Management and Erosion/Sediment Control Plan by Sernas Associates, dated August 2007, Revised 09/12/2007 1. Although this plan was previously approved with the permit FB 01-2008, the overall Stormwater Management Pond footprint and proposed layout have changed considerably. Revise as required for the Site Plan Submission. 2. See Comment #1 under Environmental Report above. Drainage Area Plan by Sernas Associates, dated March 2009, Revised March 2010 1. No specific comments. Stormwater Management Report by Sernas Associates, dated October 2007 1. This report was originally submitted for the Fill Permit. Ensure that the new pond design conforms to this report. Please note that more detailed comments will be provided on the engineering plans during the Site Plan Approval process. RS/lmc November 2, 2010 Page 2 Zoning By-law Amendment Application A07/10 r ' 13 O",11 Call v ~s~1 :I Ry,yi~ I - PICKERE MEMO To: Deborah Wylie November 12, 2010 Senior Planner - Policy From: Dhaval Pandya, M.Eng. Coordinator, Transportation Engineering Copy: Division Head, Engineering Services Supervisor, Engineering & Capital Works Subject: Zoning By-law Amendment Application A 07/10 Pickering-Brock centre 1755 & 1805 Pickering Parkway & 1842-1856 Notion Road (Concession 1 South Part Lot 17, 18 Now 40R-20443 Part 1, 3, 5-11) City of Pickering Please be advised that the Transportation Engineering Staff has reviewed the Traffic Impact Study prepared by Lea Consulting Limited, dated July 2010. Our comments related to Transportation Engineering include the following:- • The Traffic Impact Study indicates that two full access driveways will be provided on Pickering Parkway; however there is no mention of dimensions for spacing of the access/driveway on the site plan. It needs to be labelled. • The Traffic Impact Study Report does not address transportation effects due to proposed Notion Road Overpass on both Notion Road and Pickering Parkway and its implications (if any) associated to the proposed development on the subject roads. This needs to be addressed in detail. • The Traffic Impact Study indicates that all outbound movements from the proposed development will be under stop control. It is suggested to plot the same information either on the site plan or on separate future/proposed lane configuration sheet. • The study report does not include information about Pedestrian Traffic Movement at all intersections. It is suggested to provide pedestrian traffic volume counts in the detailed analysis reports of each intersection. • The proposed site is a future commercial development (as per the Traffic Impact Study) therefore the proposed daily truck trips, their types, along with their planned accesses to the proposed site needs to be clearly addressed/summarized. • The following information is missing on the Site Plan which needs to be addressed accordingly:- (i) Existing and future lane configuration on Brock Road, Pickering Parkway, Notion Road and other minor intersections (ii) Provide internal traffic circulation plan for the proposed development including directional arrows and signs (if any) indicating traffic (iii) Provide truck turning paths along with turning radii, truck lengths and widths • Minor Issues: (i) Section 2.1(Page 3): Please correct the name of the road to Brock Road instead of Brock Street (ii) Section 2.3 & 6.1 (Page: 4 & 15): Please correct the survey days/dates according to its actual days/dates. Trusting that the above is satisfactory, should you have any questions please do not hesitate to contact me. November 12, 2010 Page 2 Zoning By-laws Amendment Application A 07/10 City Report To _ Planning & Development Committee PICKERI1yG. ReportNumber: PD.31-11 Date: November 7, 2011 From: Neil Carroll Director, Planning & Development Subject: Proposed Wireless Cell Tower Installation Public Mobile 2305 Fairport Road (Part of Lot 26, Concession 2) City of Pickering Recommendation: 1. That Public Mobile be advised that City Council has no objection to the proposed -40 metre high cell tower installation at 2305 Fairport Road based on the design and other details submitted with this request. Executive Summary: On February 17, 2011, Public Mobile submitted a proposal to construct a 40 metre high tri-pole cell tower at 2305 Fairport Road. Since the submission of the initial proposal, Public Mobile completed their public consultation process, in accordance with Industry Canada requirements. Public Mobile has advised that no public comments were received and are requesting that City Council provide a statement of concurrence in support of the installation. City staff are supportive of the proposed installation. There are no communication towers within the search area for potential co-location. The proposed tower and equipment compound have been sited near existing hydro towers to minimize visual impacts to the area. In view of the public consultation, conducted by the applicant, and Council engagement associated with this proposal, the processing of this application through this report is not considered contrary to Council's recent resolutions regarding cell towers. It is recommended that Public Mobile be advised that City Council has no objection to the proposed cell tower at 2305 Fairport Road, based on the design and other details submitted with the request. Financial Implications: No direct costs.to the City are anticipated as a result of the proposed development.. Sustainability Implications: Enhancement to the wireless coverage at this location will improve business and community communication capability. Report PD 31-11 November 7, 2011 Subject: Proposed Wireless Cell Tower Installation Page 2 f" 1.0 Background: On February 17, 2011 Public Mobile submitted a letter to the City Clerk outlining its proposal to construct a cell tower on the lands municipally known as 2305 Fairport Road (see Location Map - Attachment #1). 1.1 The Proposal The proposed installation is a 40 metre high lattice tri-pole communication tower and related ground cabinet. The tower is proposed to be located at the north limit of the subject property against the existing hydro transmission corridor. The base of the tower is approximately 2.4 metres wide. The ground cabinet, which houses the radio equipment, occupies an area of 1.8 metres by 2.5 metres and is located at the base of the tower. The tower and ground cabinet will be located in a fenced compound measuring approximately 10.0 metres by 20.0 metres. The compound is proposed to be set back. approximately 20.0 metres from Fairport Road. Access is proposed from the existing driveway off Fairport Road (see Applicant's Submitted Plan and Tower Elevation Plan- Attachments #2 and #3). 1.2 Property Description The lands known as 2305 Fairport Road are designated as Open Space System - Natural Areas in the Official Plan and zoned W- Rural Agriculture in By-law 3036 as amended by By-law 6578/05. The subject property is owned by Verbancic Tree Supply and is currently vacant. Surrounding land uses include agriculturakresidential uses to the north and west, the Canadian Pacific Railway line and Cherrywood Hydro Transformer Station to the south, and agricultural uses to the east. The applicant advises that the closest residential property (2365 Fairport Road) is approximately 190 metres from the proposed tower whereas our records indicate that the closest residential property (2310 Fairport Road) is approximately 150 metres from the proposed tower. 2.0 Discussion: 2.1 Required Public Notification has been completed Planning & Development staff are currently in the process of developing a protocol respecting the installation of cell towers for City Council's consideration. In the absence of a City protocol, applicants must follow. Industry Canada requirements as outlined in the Client Procedures Circular (CPC) 2-0-03 Issue 4, entitled "Radiocommunication and Broadcasting Antenna Systems". The Industry. Canada requirements for public consultation require the proponent to consult with the land use authority, and the public within a radius of three times the tower height, measured from the tower base or the outside perimeter of the supporting structure. For structures 30 metres or more in height, proponents are required to place a notice in a local community newspaper circulating in the area. Report PD 31-11 November 7, 2011 Subject: Proposed Wireless Cell Tower Installation Page 3 J Based on the proposed 40 metre tower height, the proposed installation required notification to three adjoining property owners within a 120 metre radius of the base of the tower. The applicant provided written notification to the three adjoining property owners and placed a notice of the proposed installation in the April 20, 2011 edition of the News Advertiser. They have confirmed that no public comments were received as a result of the notification process (see Applicant's Site Selection and Public Consultation Report - Attachment #4). 2.2 Co-location opportunities have been examined The installation and creation of separate, stand alone, radio communication towers and broadcasting facilities is discouraged unless all other co-location options have been explored and are considered unfeasible. Public Mobile has advised that there are no existing cell towers within their search area and that Hydro One- is no longer a willing host for cellular equipment on its towers. The applicant advises that the proposed installation would be suitable for co-location with other carriers. 2.3 Council Resolutions In May 2011, City Council passed Resolution 102/11 requesting Industry Canada to cease consideration of communication towers in any residential area of Pickering in order to establish criteria for all matters pertaining to land use for the installation of these towers (see Council Resolutions - Attachment #5). This resolution was a response to a number of cell tower installations that were erected without municipal and\or public consultation, specifically a proposed tower installation under 15.0 metres at 1820 Whites Road. The Whites Road proposal precipitated an earlier Council Resolution in April 2011 requesting that Industry Canada reverse approval of the tower and amend its policies to require municipal consultation on all installations, regardless of height (see Council Resolution 87/11 -Attachment #5). The applicant has provided confirmation that this proposed installation has been publicly circulated in accordance with Industry Canada requirements and the proposal is now before Committee and Council for consideration.. In view of the public consultation and Council engagement associated with this proposal, and as this proposed installation is not within a residential area, the processing of this application through this report is not considered contrary to Council's Resolutions. 2.4 Proposed Tower Location is Acceptable Staff support the proposed location of this cell tower facility. The proposed tower and equipment compound are proposed to be sited as close to the adjacent hydro corridor as technically feasible. This location will minimize visual impact on the area and the compound will be screened from public view by existing vegetation. Public Mobile's consultant informed the City, at the September 6, 2011 Planning & Development Committee Meeting, that this proposed installation is part of the network that would assist in the removal of the temporary cell tower installation located at the Bushmill Plaza. Report PD 31-11 November 7, 2011 Subject: Proposed Wireless Cell Tower Installation Page 4 Staff recommend that City Council approve the recommendation in this report as the proposed installation has minimal visual impact on the surrounding area, is set back an appropriate distance from Fairport Road, and is not located in proximity to incompatible and\or sensitive land uses. Attachments: 1. Location Map 2. Applicant's Submitted Plan - Site Layout 3. Applicant's Submitted Plan - Tower Elevation 4. Applicant's Site Selection and Public Consultation Report 5. Council Resolutions Pre By: Approved/Endorsed By: Tyler Bar Neil Carroll CIPP~ RPP tanner - Site Planning Director, Pla'nni'ng & Development 114 Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design TB: Id Copy: Chief Administrative Officer Recommended for the consideration of Pickering C" Council 01~11 2-4(2-011 Tony Prevedel, P.Eng. Chief Administrative Officer v. j. THIRD CONCESSION N O Z M z C AVENUE 0 O 2365 FAIRPORT ROAD CANADA NOTIFICATION RADIUS HYDRO CORRIDOR PROPOSED CELLULAR o♦ TOWER i SUBJECT PROPERTY 2310 FAIRPORT ROAD o a \ L \ L - - - - - I - - - - - - - \ CHERRYWOOD. TRANSFORMER ETATI 0 N \ City of Pickering Planning & Development Department PROPERTY DESCRIPTION Concession 2 Pt. Lot 26, RP 40R-20521 PART 1, 2, 5, 6 OWNER VERBANCIC TREE SUPPLY DATE Oct. 5, 2011 DRAWN BY JB FILE No. Public Mobile Cell Tower SCALE 1:5,000 CHECKED BY TB N c c ourcee• Teranet Enbrprl■e■ Ino. antl lt■ ■uPplien. All rlQhb Reserved. Not o plan of survey. PN-12 2005 MPAC and lte w lien. All n hte Reserved. Not a len of Surve . ii TO INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN PUBLIC MOBILE INSTALLATION (2305 FAIRPORT ROAD) fl rl ~ I! PIN 26371-0945(LT) I - P I I PLAN 40R-0519 c.~ I I PIN 26371-0916(LT) U) PIN 26371-0466(LT) O Ti-kfiT a; *AN 40R--5255 C~ 120.0 METRE NOTIFlCATION F2AaIlJS PIN 26371-0500T,} FROM PROPOSED TRIPOLE o r: , ri I` I~ PIN 26371---094I3(L~) E ; X0521 \ ~o~ I I ~n PART 1, Pt~,N 40R-2 PIN 2637"-0907(LT) I ( ~ t 0'349 p~N s6:511 c~ N THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, OCT 18, 2011. 31 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN PUBLIC MOBILE INSTALLATION (2305 FAIRPORT ROAD) F1 tir y f + 4 P F1~.'.'f. 7Pv~alV III ~~YS~... F...... asx.. _ . THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, OCT 18, 2011. J . V , SITE SELECTION AND PUBLIC CONSULTATION REPORT for NEW TELECOMMUNICATIONS FACILITY (Agricultural Lands located south of Concession Road 3 and east of Whites Road and West of Dixie Road: PT LT 26 CON 2) Prepared for: The City of Pickering Prepared by: Public Mobile Thursday, October 06, 2011 . TABLE OF CONTENTS 1. Introduction & Jurisdictional Context 2. Site Justification 3. Collocation on existing tower(s) 4. Common Design Guidelines and Public Mobile's Response 3. Location 4. Description of Antenna System 5. Health, Safety & the Environment 6. Public Circulation Package and Comments List of Maps and Figures Figure 1 - Evolution of a Cellular Network Figure 2 - Evolution of a Cellular Network Figure 3 - Evolution of a Cellular Network Figure 4 - Changing Tower Profile over Time Figure 5 - Minimum Separation of Antenna Figure 6 - Co-location Figure 7 - Co-location Arial View Figure 8 - Tower Twist and Tilt Figure 9 - Tower Loading Figure 10 - Proposed Site Map Figure 11 - Tower design and elevation according to site survey Figure 12 - Newspaper Article: Original Template Figure 13 - Newspaper Article: As Listed Figure 14.1 - Public Circulation Brochure Side 1 Figure 14.2 - Public Circulation Brochure Side 2 Figure 15 - Circulation Map Figure 16 - Circulation List Map 1 - Location Map Showing Distance to Nearest Residential Dwelling 1. Introduction & Jurisdictional Context In recognition of the Federal Government's exclusive jurisdiction and in an attempt to promote balance, Industry Canada requires that proponents of telecommunication facilities consult with land use authorities as part of their licensing process. The requirement to consult can be found in Industry Canada's document, Client Procedure Circular CPC-2-0-03. According to the CPC, the purpose of consultation is to ensure that land use authorities are aware of significant antenna structures and/or installations proposed within their boundaries so antenna systems are deployed in a manner which considers local surroundings. Consultation must respect the Federal Government's exclusive jurisdiction and specifically does not give a municipality the right to veto the proposal. General information relating to antenna systems in available on Industry Canada's Spectrum Management and Telecommunications website http://strategis.ic.gc.ca/antenna i As a result of the Federal Government's exclusive jurisdiction, this proposed wireless facility does not require permitting of any kind. Similarly, zoning by-laws and Site Plan approvals do not apply to our facilities. Public Mobile attests that the radio antenna system described in this Site Selection package is excluded from environmental assessment under the Canadian Environmental Assessment Act. i Notwithstanding the Federal Government's exclusive jurisdiction, Public Mobile is committed to consultation with the Local Land-use Authority. In this case, the City of Pickering does not have an existing Telecommunications Antenna/ Tower and Related Structures procedure. This package is intended to provide the necessary information. as required by this policy for the Local Land-use Authority (City of Pickering) to review and provide a Letter of Recommendation. i 7 - 2. Site Justification 1-11 A radio antenna and a tower are the two most important parts of a radiocommunication system. The antenna is needed to send and receive signals for the radio station. The tower raises the antenna above obstructions such as trees and buildings so that it can send and receive these signals clearly. Each radio station Ind its antenna system (including the tower) provide radio coverage to a specific geographic area, often called a cell. The antenna system must be carefully located to ensure that it provides a good signal over the whole cell area, without interfering with other stations and can "carry" a call as the user moves from cell to cell. y_ Y • n irexed niumber of calls Figure 1 If the station is part of a radio telephone network, the number of stations needed also depends on how many people are using the network. If the number of stations is too small, or the number of users increases people may not be able to connect to the network, or the quality of service may decrease. ( tj°~~.~- ♦ • S Y~ ~`~i~ sit' yy~ .«`°°tK'rx'~ , i ~ ~ - i Figure 2 r t ;Z 31 11... As the number of users exceed the capacity of the radio station to receive and send calls the I coverage area for the cell shrinks and the shrinkage between cells create coverage holes. As demand increases for mobile phones and new telecommunication services, additional towers are required to maintain or improve the quality of service to the public and restore contiguous wireless service. YJ5 .7~ µ -.s~ c t T • Figure 3 In this case, Public Mobile's RF Engineering department has determined the need for a Personal Communication Services (PCS) upgrade to adequately provide contiguous coverage and service to our existing and future customer base in and around the highway 38 corridor and neighbouring communities. Currently, our network is burdened by a combination of poor voice and data quality in this very large area. In some cases, the coverage is so poor that a handset would be unable to place a mobile call at all in the subject location and surrounding area. The result of this situation is on-going customer complaints, high "dropped call" rates, and in extreme circumstances, the potential inability to place a mobile call that may be absolutely critical in an emergency situation. Based on Public Mobile's RF Engineering team, a location was chosen east of Fairport Road on the property that is part of lot 26 concession 2. The location is on commercial lands owned and occupied by a private landlord, Verbanic Tree Supply & Landscaping LTD. 31-11 ion on existing tower(s) 3. Collocation Public Mobile strongly supports co-location on existing towers and structures. The use of existing structures minimizes the number of new towers required in a given area and is generally a more cost effective way of doing business. However tower infrastructure is a finite resource and over time most towers reach their engineered maximum. This normally results when more than two carriers occupy the same tower as illustrated below. Alterations to Further alterations original antennas m to original antennas I o -I include: direction, c azimuth, etc. Implemented Futures 5 1 Alterations to original I Addition of '2 r r 2nd Wireless Carrier 2nd Wireless v antennas i Carrier a Additional Netwok LL „ LL _7 Technologies/Equipment ,z 2001 2004 2009 Initial Single Carrier Tower Profile over Tower a period of time Figure 4 MINIMUM SEPARATION Minimum 1 metre separation between antennas required. Towers are limited in terms of both allowable ;l r space and engineering capacity. Each antenna array m„rt requires a separation of vertical space so they do not ! E create interference with each other (see figure 5). Interference with other antennas occur when there is less than 1 metre separation. The signal quality is reduced. Figure 5 1-1 I.. Generally a meter separation is standard, however, the closer the carrier frequency's are on the radio spectrum the more vertical separation is required. Because Bell, TELUS and Rogers operate is close proximity in the radio spectrum separation distances between antennas can be as much as 10 meters. Each successive carrier who requests space on a tower receives a lower and lower location. The impact on second and third tower co-locaters because the antennas are line-of-site is that the broadcast radius also shrinks. The location that the carrier achieves on the collocated site results in an uneven distribution of coverage. from a site effecting the location of the surrounding sites for each carrier. As you can see in figures 6 and 7 below demonstrate this effect. The I" carrier is able to locate its next tower further away from the collocated tower that either the 2°d or 3rd carrier. + 5 4'!a,r • r ~ ate" ~.,1„f''''~.~~r ; i c Tr' ~l'^. ~,i . r w.a...^- Figure 6 r r a 5 F11-IN f _ l7 `fi `L-rXZ 'a"~•WY ~.y}~'f' f i.r.'J!.ylbr~ ~''i f ` { - Cod auto To.w J^ Figure 7 31-11 Engineering capacity is a second limiting factor on how much equipment can be placed on a tower. The more equipment on a tower, the more wind and ice loading on the tower causes it to twist and tilt. Tilting has a direct impact on service quality of the tower. Since the signal is broadcast by line of sight the more it tilts the more the signal area changes causes some areas to move in and out of coverage. Dropped calls and unpredictable coverage is the result. TILTING OF TOWER Wind loadino causes towers to twist WIND; WIND' 7! The more equipment on a tower, the more the tower tilts. The more equipment on a tower, the more the tower twists. Tower Tilt causes the signals to be aimed away from the Twisting of towers causes the signals to be aimed away from target coverage area. The signal quality is reduced, target coverage area. The signal quality is reduced. Figure 8 Twisting of towers also causes the signals to be aimed away from target coverage area. The signal quality is further reduced. Towers that are loaded with antennas beyond the tensile strength of the steel both twist and tilt. A tower that is appropriately loaded operated within its specified parameters and twist and tilt is kept within operating norms. Overloading a tower can result in unacceptable tower operations or in some very rare cases tower failure. USULTs OF OVERLOADING A TOWER TOWER LOADING WINO WIND _ L A tower is designed to support and withstand site specific A tower is designed to support its equipment load and withstand loading. Exceeding the limits will compromise the tower's wind and/or ice loading that is specific to the site. structural integrity. Unfortunately do to the sparse development and low rise structures around the proposed site co- location is not a viable option. 4. General Tower Design Guidelines and Public Mobile's Response The following is a table outlining the City of Pickering design guidelines (general and for self supporting towers) and Public Mobile's response to each in this particular case. GENERAL PRINCIPLES PUBLIC MOBILE'S RESPONSE Co location is the preferred option for Public Mobile strongly supports co-location on existing accommodating new telecommunications towers and structures. The use of existing structures facilities as is locating other towers adjacent minimizes the number of new towers required in a to existing towers or hydro transmission given area and is generally a more cost effective way of towers doing business. There are no co-location opportunities within the search area of the proposed tower nor are there existing towers, transmission or otherwise. It should be noted that the proposed tower would be suitable for future co-location with third parties. Avoid locations that are sensitive to The tower is not in close proximity to any of these residential areas, historic sites, features. environmentally sensitive areas and hazard lands Avoiding areas of topographic prominence The proposed site location elevation is approximately 139 metres above sea level which corresponds with the average geographic elevation of the area. Care shall be taken in the placement, style There are no buildings immediately adjacent to the and colour of antenna and equipment proposed site. Furthermore the site and design of the shelters on or adjacent to existing buildings. proposed tower are proposed to be as noninvasive as possible. Tower lighting and colour will be dependent on Nav and Transport Canada location and height approval. Maintaining appropriate setbacks from road The proposed tower has been sited on existing rural allowances. lands. The location was specifically chosen in order to minimize the visual impact of the tower. There is no existing or future residential development in the area. The nearest existing residence is 192 away from the . proposed tower location. see ma below). 3. Location The proposed site will be located on Pt Lt 26, Con 2 Pickering Full Legal Description: PT LT 26, CON 2, PICKERING, PTS 1,2,5 & 6 ON 40R20521, PICKERING, REGIONAL MUNICIPALITY OF DURHAM, S/T DI9135,S/T EASE OVER PTS 5 & 6, P L 408.20521 AS IN DR14878, S/T EASE OVER PTS 1,2,5 & 6 ON 40R20521 AS IN DR14880, T/W ROW OVER PTS 3 & 4 ON 40R20521 AS IN DR14879 Tower Centre Co-ordinates: 43 51' 19.8" N, 79 07' 13.6" W An aerial photo of the proposed site is shown in Map 1. The 40 m tripole and a 200.0 sq.m fenced compound and is not accessible to the general public. { Q 3 i71 l Irv to Resident ma'r' - E-192 metres Y _ t i < t. ,K~: t d Q r x;~ 1 t rt _ t y ~ ,~n. ~ 1i~.1 c ~ r•~ rY .r'r~~ -ak+ ~mr',~ ~ f'`✓ ay 4Av y fir ~'~+«w~,. s ~t•` ,rw;'" .li..i . .:,,J ~ JYf,.~ . ~ ..1 ~ ` !lw:t, A~~ ~ _ ~ _ ~..4r,~y~'r~~'`,• _ s . .w ~ . •~...a Map 1 -Distance to nearest residence 4. Description of Antenna System i Height: 40 m Type; Tripole Simulated Images: Please refer to Figure 11 (below) for a photo showing a typical 40m tri-pole tower. . The installation will respect good engineering practices including structural adequacy at all times. ELEVATION PLAN rte? r.~ ~;aie K~ C- , t { x G i}.. x } Figure 11: Tower design and elevation according to site survey - i4 5. Health, Safety and the Environment Industry Canada requires that all radio stations be operated within the guidelines established by Health Canada's Radiation Protection Bureau in its obligation, Limits of Exposure to Radiofrequency Fields at Frequencies from 10 kHz = 300GHz. This document is also known as Safety Code 6. In this case, Public Mobile's RF Designer, Junaid Ahmed, attests that the radio antenna system described in this submission package will be installed and operated on an ongoing basis so as to comply with Health Canada's Safety Code 6, as may be amended from time to time, for the protection of the general public. Moreover the proposed site complies with the Federal guidelines for environmental assessment (EA) exemption under regulation SOR/2007-108. A signed attestation to that effect has been attached below. Canadian Environmental Assessment Attestation Regulation SOR/2007-108 (the exclusion list regulations, 2007) provides in Section 20 that the proposed construction of a radiocommunication antenna and its supporting structure are exempt from the requirements of the Canadian Environmental Assessment Act provided it meets the circumstances set out in Clause 20. That Clause reads as follows: 20. (1) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure (a) if (i) the antenna and supporting structure are either affixed to a building or located entirely within 15 m of a building, or (ii~ the antenna, its supporting structure, or any of its supporting lines has a footprint of no more than 25 m; (b) if the project is not to be carried out within 30 m of a water body; and I if the project does not involve the likely release of a polluting substance into a water body. (2) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure within 30 m of a water body if (a) the antenna and its supporting structure are affixed to a building; (b) the project results in an antenna with a height no more than the greater of 5 m and a height equal to 25% of the height of the building to which it is affixed; and I the project does not involve the likely release of a polluting substance into a water body: (3) The proposed construction, installation, operation, expansion or modification of a radiocommunication antenna and its supporting structure that are affixed to a physical work other than a building if the project (a) results in an antenna with a height no more than the greater of 5 m and a height equal to 25% of the height of the physical work to which it is affixed; and (b) does not involve the likely release of a polluting substance into a water body. Similarly, Regulation SOR/2007-108 provides an exemption for buildings from the requirements of the Canadian Environmental Assessment Act provided it meets the circumstances set out in Clause 7. That Clause reads as follows: 7. The proposed construction, installation, operation or modification of a building, other than a building to be used exclusively for one or more of the purposes set out in subsection 6(2), if (a) the construction or installation does not result in a building with a footprint greater than 100 mz or a height greater than 5 m; (b) the project is not to be carried out within 30 m of a water body; and the project does not involve the likely release of a polluting substance into a water body. I attest that the radiocommunication antenna, its supporting structure and associated building proposed to be located at PT LT 26 CON 2 PICKERING. complies with the aforementioned exemptions. Sincerely, James Kennedy RPP, MCIP 6. Public Circulation Package and Comments Project specific information was provided to the affected public under both the Industry Canada consultation guidelines and the City of Pickering's guidance. Multiple avenues of participation were used during this project. In addition to information brochures, which were provided to individuals within the circulation radius of 3 times the tower height or 120 metres, a newspaper advertisement inviting comment was also taken out in the April 20/2011 edition of the Pickering News Advertiser. As of May 21/ 2011, the deadline for public consultation, there has been zero comments offered to the email or fax number provided from the public on this proposal. For your reference please see the public circulation package (newspaper article, public. brochure, circulation map and circulation list) included below. 3HI PUBLIC NOTICE PROPOSED PUBLIC MOBILE 40-METRE STEEL TRI-POLE TELECOMMUNICATIONS TOWER SUBJECT: ANY PERSON may make a written submission to the individuals listed below by Friday, May 20, 2011 with respect to this matter. • Wireless steel tri-pole tower, 40 metres tall and will occupy PLEASE TAKE NOTICE as the approval of this site and its design is under an area of 0.02 hectares. the exclusive jurisdiction of the Government of Canada through Industry Canada, the City of Pickering has no jurisdiction in this matter other than as Location: 370m south of the a commenting body to Industry Canada and the applicant. Concession Rd. 3 Fairport Rd. intersection in the City of ADDITIONAL INFORMATION relating to the proposed Tower and site is Pickering. Site is located available for review between 8:30 am and 4:30 pm, Monday to Friday at the approximately. City of Pickering municipal offices. Further information may also be obtained through the following contacts: • Part of Lot 26, Concession 2, City of Pickering, Regional Public Mobile - on contract to: City of Pickering contact: Municipality of Durham FONTUR International Inc. Planning Department • The facility will include 1 30 East Beaver Creek Road City of Pickering lattice tri-pole tower and 1 Suite 104 One the Esplanade, radio cabinet as well as Richmond Hill, ON 1-413 1J2 Pickering, ON L1V 6K7 fencing.around the base of the tower. The tower will Fax: 866-234-7873 Tel: 905-420-4617 provide wireless and data Email: Email: services. ONPCK0556.publicmobile.info@ plan&devl@cityofpickering.com fonturintern ational.com SITE LOCATION MAP I THIRD CONCESS014 RW SIT[ rc cn d ON7AF7fU HroTJRU t OmLNRYWOCO U RANSfOWL4. STAYION :3 I~ FI4CH AVdvUC Figure 12 - Newspaper Article: Original Template _ 301 E PUBLIC Nava g MpOSE!) PUBLIC ®BiLE 4®-m ETRE STEEL Tr 140LE TELECCM52-11NICAT90NS 70Wg e S: ANY PERSON may make a written submission to the individuals a listed below by Friday, May "20, 2011 with respect to this matter. el tri-p ole ` tower, 40 metres tall and will occupy an area of 0,02 is under PLEASE the JAKE PIOTICE as the approval of this site and its design hectares. exclusive jurisdiction of the Government of Canada through Industry Canada, the City of Pickering has no jurisdiction • 'Location: 370m south m this matter other than as a commenting body to Industry Canada of the Concession Rd. 3 and the applicant. Fairport Rd: intersection in the City of Pickering. Site ADDITIONAL INFORMATION relating to the proposed Tower is located approximately, and site is available for review between 8:30 am and 4:30 pm, Monday to Friday at the City of Pickering municipal offices. Further • Part' of Lot 26, Concession information may also be obtained through the following contacts: 2, City of Pickering;'' Regional Municipality of Public Mobile - on contract to. City of Pickering contact: Durham FONTUR International Inc. Planning Department • The facility will include 1 30 East Beaver Creek Road City of Pickering lattice tri-pole tower and Suite 104 One the Esplanade, 1 radio cabinet as, well"as Richmond Hill, ON L48 1J2 Pickering; ON L1 V 6K7 fencing around the, base of Fax; 866-234-7873 the touter. The tower will Email: Tel: 905-420-4617 , provide wireless and data, ONPCK0556.publicmobile.info~ Email: plan&devlCcityofpickering.com'l services. , fonturinternationa].cot :SITE LOCATION M,AP T14 RD GdNC 5fJN ROAD' ATE I W 4A 7AiL0 NTC{1: , :cEFRYN(Kp AN C ~,56f14.W STh^,ql ~ C 0. i 0 tln ' W E F<WN A-1Ct Figure 13 - Newspaper Article: As Listed 3i-lj 1. i . Health and safely ore paramount to Publ c fvt Public fdebile is committed to public consultation - bile. Health Cantle has established elect You are inv ted to provide ccmmerfs tc Public lAc- •r.< . Cod 6. t exposure e s a e op known os Safety ;bile abcvr'his proposal by mail. ale is oricmdl or I' C j Cede 6. to ensure the sole operation, o? wireless'; fax Ir ors rte ensure ycu-r commeris are cortsid # l artenro Irstclictions Public Mobile ensure ; ered you must respond by close of business Frdoy ! i s 4'v. that all of its facilities operate well below the May <0..<t;T 1 to: ! '~*G: MOBILE'" o!Icwoble limits measurod, taking info cccovni j I---........._ all pre-exisfir sources anal combired effects of i - g I FONTUR interrotionnl additional carrier co-locafionv it fact, this site j 30 East Beaver Creek Rcad.Suite 104_ wig be thousands of times below the allowable ! Richmcro Hill, ON L46 1 J2 - limits. - Fax:866-234-7?73 p~, gym g g g ~+p A Email: C4.iS q Na' i 14ui R8t Public Mobile citests fhoi the radio crfersrc I 1 OrrPCt;0556s=uoFCmcbres,fai; rarrurioternaiiorotcorr system described m this notification package. ! . wig be constructed in compliance with the No- l7F ;;^r'iL., 1' :,L:r7C :.CN y±.-~- tional Bvilcing Cede c? Canada .which includes j atlcppl-iccbieCSARcdo Cemmunicators 'Regulofiors. - (ATTENTION: Tower Issue- Port of Lot 26Cor.2,Picker irg, ON-ONPCK0556 - For a 40trt telecommunications Regulatory and consultative procedures for tel- j ecommur:icaiiors crferccs car. be 'ound in i Toronto District O11ce I s o'd98F Industry Conedc's CPC 2-0-03 Issue 4. - Rocm 909, 9th. Floor i 55 St. Clair Averve East Public Mobile attests that the radio ortennc ! I Tcronlo.ON h14T 1142 i j system described in this notificafior. packs e I 1 Telephone: 4.16.973.8!-] 5 , e Loaded cat: 1 wig comply with Trorspcrt Corolla / PIP.V Coro- ~ ~ Fax 416 v54.3553 I do aeronautical safety requirements. Public Emoil pt < r__n I r Mobile has mace all necesscryappliccticrs to ' North oT Trgnsiormer Station at i Trorsport Canada and NAV Canada cncivrill - Y~ J I( d I < t `h c . gni ;t I undertake ld provide these requirementsviner _ - - - FQSTf.70rt P.OCid Qn+:; tynn ,°r'1L7C-y. hi'S iheycre made available. - (~.rIV r6•, WIC- 'e?.?Ii1C',. Ontario 1 Tyler Barrett, Senior Picr-ner i a Theproposedfecilitywouldincludeonelocked.~ CevelopmentReview alarmed and electronically monitored mechan- 1 City of Pickering i- i One The Esplanade (cal equip Went shelter. Fencing would be ir- stalled around the base of the tower end Pickering, ON Ll V 6K7 - Public Mobile site Code Tel 9 5 4 0-4660 exi 042 eauipmenishelters endwould include pre j jEmail a,•rr? -yc, r~-,-tm I ONPCKa556. locked gote access point ' I ' i j + Y • it JI Y t.fl•rt i I i jGeneralinformationfrcmIndustryCanada: j - j hitp:/lsfrotegis.io,ge.co/ortenno ! _ I _ ~ HeaRh Corcda's Safety Cone b: I i. http://vrvw_ic.go.: o/epic/site/smf-gsf.nsf/en/ i i i sf05?90e.html I I I Figure 14.1 - Public Circulation Brochure, side 1 B . cc! krt In recognition of the Federcl Government's exclu• ! A raaic antenna end tower ore the two most im- Public Mobile is propcsirg a. GOm fri-pcle tower to 1 sive jurisoicticn end in on attempt io prcmcte boi- ! portent parts of a radio communication system- improve upon the overall poor coverage in year once. Industry Canada requires-.thot propcnenfs of j The antenna is needed to send and receive sig• creo. lelecommur.icctioc facilities consult with lend use net. for the redic siation.Thetowerraisestheor- authorities as pert of their licersing process- The - ferro above obstructions such as frees and build- j Below is or, image of a tower Similar to the one pro- rec6remeni to consult can be found in Industry irgs so .'hot it con send end receve these signals Ccnoda s document, Client Proceoure Circular I daddy. Each radix station and its antenna system I o ,CPC) -03. The purpose of ccrsulfation, as out- fircluding the lower) provide radio coverage to a lined in CPC 2-M, is to ensure that lard use au- 1 Specific geographic area, alien called a cell. The thorities are curare of Significant onferno structures antenna system must be carefully located to en- I ondor installations proprzeo within their bounce- sure that it provides a good signal over the whole ( ~,r ries and hat onte nno systems are deployed in c cell area. without interfering with other stations. In manner which considers loco) surroundrgs. crecs where there are monycells, the antennas - do not need to be very high. Where the cells ore Consul c on must respect the Federal Gcverr. i larger, the antennas must be higher above the St s s meri's exclusive;urisdicficn and specifically does I ground level in order to provide good radio cover, en t not give a muricipcliiy the right to veto the pro- ` i age for the whole area. iA posal. As is result, this proposed wireless facility ~fi ,qr does r.ot require permitting of env kind. Similarly, i ; In this case. Public Mobile has determined the zcrirg by,4ows and site plcnopprovols do rof cp- need for new cnterncs in the area in order to cc r t ply to these facilities. ! equately provide contiguous coverage and ser•~ j - i vice tc our future customer base along the hydro: r : f " lIoty ifhsfacd'rg the Federal Governm enf s excl.:- corridcr just south of the Concession Road 3 and save;wudiclicn. Public Mobile is ccmm6tted to car.- Fairport Food intersection. Public ficbBe chose ihis suttotior.wiih the keel leno use cuthority (The City 'site In order to avoid problematic situations for ourl cf P'ickering).The citydees not have a ccuncil- 1 ' future customers such as poor voice and data - adopted protocol or policy related to this proposal. cualify. dropped calls, or even the mobil, IaI k + 9 This public notification has been designed to pre- place a mobile call in the subject area. f , vide all the necessary information as requned by Industry Concdo to these properties that all within. r 1. the notification radius. 'Nil, it bo 10 -C, i 'A ? I The proposed site of the fewer is 370m south or th ! Mipti 4 j Concession Read 3 and Fairport Road intersection cdNctZIO AW ` t 14. 1 between the CN raihvayfrocks and the. hydro corn darer, the property legally known as Pori c Lct_6 I ~T= 1 + + ~;Iy■ If t., ! Concession 2. a nts.'§ '1- ~f 1 t k 4 TO ~ I Public Mobile si.ror.gIYsuparts cc-Iecolien an exist-1 p ! irrg lowers end si:uciures. The use or evsiirg s5uc s x - t gg n..o nra.o I ` rK'"L' rf r' Qttf diHt"+~`" lures minimizes the number of new towers recuired' - - " (in o giver, orec oral is generally c more acct often rive way c= doing business. Unfortunately it this j v Public tvtcb:le attests that the radio antenna system case. there were no exisfrg structures it the orec ~ 1 ~ descnbedin this notification package will comply withth anodanEnvironmentalAsessmenfAct, mw aucr 1 to be considered. II os this acififyis excluded from assessment. Figure 14.2 - Public Circulation Brochure, side 2 Y? i . TO PIN 26371-0945(LT) I - - - - - _ i PLAN 4OR-20519 rn to l i PIN 26371-0916(LT) lil z I II PIN 26371-0466(LT) 0 J''r BART g ALAN 40R-5285 0120.0 METRE NOTmCAWN RADIUS PIN 26371-0500(L'I> I (i \ FROM PROPOSED TRIPOLE i I I i \\f N614.' t> , >s > PIN 26371-0946(L~ \ m ~i I Il~g PART 1, PL/(N 40R-20521 ,i I I PIN 226-M-0907(LT) I I I ~~?a5a"E Ll LN 26~?`.~g91~'S? R P~~-W P~ p p P~~F~G .GPNP~\p,N Figure 15- Circulation Map Notification Radius Hydro One Corridor 483 Bay Street 263710500 North Tower, 15th Floor Reception Toronto, Ontario MSG 2P5 Hydro One Corridor 483 Bay Street 263710466 North Tower, 15th Floor Reception Toronto, Ontario M5G 2P5 263710948 2310 Fairport Road, L1X 2114 Figure 16 - Circulation List I